1999/831/EC: Commission Decision of 26 October 1999 concerning the national provisions notified by the Kingdom of the Netherlands concerning the limitations of the marketing and use of pentachlorophenol (PCP) (notified under document number C(1999) 3419) (Text with EEA relevance) (Only the Dutch text is authentic)

• Articles: 2

Article 1

The provisions of the Controlled Substances Act of 1962 are approved in so far as they are applied in such a way that no approvals pursuant to Article 2 of the Controlled Substances Act are granted, which go beyond the provisions of Directive 91/173/EEC with regard to exceptions to the ban on the use of PCP or the content of hexachlorodibenzoparadioxin.

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 26 October 1999.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 262, 27.9.1976, p. 201.

(2) OJ L 207, 6.8.1999, p. 18.

(3) OJ L 85, 5.4.1991, p. 34.

(4) OJ L 142, 5.6.1999, p. 22.

(5) Law Gazette of the Netherlands 1962, No 288, as amended by the Act of 25 December 1994, Law Gazette of the Netherlands 1995, No 4.

(6) Law Gazette of the Netherlands 1980, No 18.

(7) Law Gazette of the Netherlands 1992, No 455.

(8) Law Gazette of the Netherlands 1994, No 35.

(9) Law Gazette of the Netherlands 1980, No 43.

(10) Law Gazette of the Netherlands 1979, No 558.

(11) Case C-127/97, point 31.

(12) Integrated criteria document chlorophenols. RIVM report No 710401013, August 1991.

Assessment of the integrated criteria document chlorophenols. Advisor report by the Committee on Risk Assessment of Substances of the Health Council of the Netherlands.

Basisdocument dioxinen. RIVM report No 710401024, February 1993.

Emissies van dioxinen in Nederland. RIVM and TNO report No 770501003, April 1993.

Besluit luchtemissies afvalverbranding. A General Administrative Order including Explanatory Note.

(13) C. Rappe, Concerning Pentachlorophenol and dioxins. Final report, Institute of Environmental Chemistry, Umea University, Umea, December 1994.

(14) Report to the Commission on Pentachlorophenol (PCP), Brussels, 14 December 1994. The report was established after consultation of all Member States and other interested stakeholders who had been informed through a note published in the OJ C 315, 12.11.1994, p. 4. Three studies prepared by external consultants have also been taken into account.

(15) Environmental Resources Management, Assessment of the Risks Posed by Pentachlorophenol (PCP) through the Exposure of Man and the Environment to Dioxins, Final Report, London, December 1997.

(16) The Consultant "Cabinet Paracelse" has prepared hazard assessments and reports on the suitability as substitutes to PCP in wood and textile treatment for five substances. The Final reports were submitted in September 1998.

(17) OJ 196, 16.8.1967, p. 1.

(18) OJ L 199, 30.7.1999, p. 57.

(19) OJ L 129, 18.5.1976, p. 23.

(20) OJ L 377, 31.12.1991, p. 48.

(21) OJ L 181, 4.7.1986, p. 16.

(22) See footnote 13.

(23) This is also confirmed by the WHO Environmental health criteria document 71, pentachlorophenol, WHO, Geneva 1987.

(24) See footnote 12.

(25) This was announced in the Commission Decision 94/783/EC concerning the prohibition of PCP notified by the Federal Republic of Germany (OJ L 316, 9.12.1994, p. 43) and in the notice published in the OJ C 315, 12.11.1994 for consulting the stakeholders before the establishment of the report on PCP.

(26) See footnote 15.

(27) S. J. Davis, The effects of the retention by the Netherlands of its national rules on pentachlorophenol in place of the rules established by Directive 91/173/EEC, London (UK), May 1995.

(28) See footnote 27.