2003/549/EC: Commission Decision of 17 July 2003 extending the period referred to in Article 95(6) of the EC Treaty in relation to the national provisions on the use of short-chain chlorinated paraffins notified by the Netherlands under Article 95(4) (Text with EEA relevance) (notified under document number C(2003) 2539)

• Articles: 2

Article 1

Pursuant Article 95(6), third subparagraph, of the Treaty, the period referred to in the first subparagraph of the said Article to approve or reject the national provisions on SCCPs notified by the Netherlands on 21 January 2003 pursuant to Article 95(4) is extended until 20 December 2003.

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 17 July 2003.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 177, 6.7.2002, p. 21.

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

(3) OJ L 84, 5.4.1993, p. 1.

(4) OJ L 204, 21.7.1998, p. 37.

(5) Under the Paris Convention the Contracting Parties committed themselves to take all possible steps to prevent and combat marine pollution from land-based sources. All Member States of the European Community except Austria, Greece, Luxembourg and Italy are signatories to the Convention. The European Community is also Contracting Party. The Paris commission (PARCOM), composed of representatives of each of the Contracting Parties, is responsible for the administration of the Convention. Article 18.3 provides that the commission can adopt programmes and measures for the prevention or the reduction of pollution from land-based sources by certain chemical substances listed in Annex A, Part I, II and III, to the Convention. Adopted on the legal basis of Article 18.3, PARCOM Decision 95/1 provides for the phasing out of certain uses of SCCPs according to the following time frame: use as plasticisers in paints and coatings, use in metal working fluids, use as flame retardants in rubber, plastics and textiles by 31 December 1999; use as plasticise in sealants and as flame retardants in conveyor belts for exclusive use in mining by 31 December 2004. Of the eleven Member States of the European Community which are Contracting Parties to the Paris Convention all but the United Kingdom have committed themselves to PARCOM Decision 95/1. The European Community is not Party to PARCOM Decision. The Paris Convention was replaced by the new Convention for the protection of the Marine Environment of the North-East Atlantic (OSPAR Convention, 1992). Under the new Convention, a new OSPAR commission replaced the Paris Commission.

(6) Italy, Denmark, United Kingdom, Austria and Germany.

(7) Directive 2002/45/EC lays down a concentration limit of 1 % for SCCPs as constituent of other substances and preparations.

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

(9) See footnote 5.

(10) Commission Regulation (EC) No 1179/94 of 25 May 1994 concerning the first list of priority substances as foreseen under Council Regulation (EEC) No 793/93 (OJ L 131, 26.5.1994, p. 3).

(11) OJ L 84, 5.4.93, p. 1. This regulation establishes, inter alia, a Community procedure for the evaluation of the risks of existing substances, i.e. substances appearing on the European Inventory of Existing Commercial Substances (OJ C 146, 15.6.1990, p. 1). Under this Regulation, lists of priority substances to be subjected to Community risk evaluation are to be adopted through a Commission Regulation specifying, for each substance, the Member State responsible for the evaluation. Specific procedures and methodologies have to be followed in carrying out the assessment of the real or potential risks to man and the environment from the substances concerned. These are specified in Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of the risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 (OJ L 161, 26.6.94, p. 3). The results of the risk evaluation and, where appropriate, the recommended strategy are finally adopted at Community level, normally in the form of a Commission Recommendation. On the basis of the risk evaluation and the recommended strategy so adopted, the Commission is then to decide to propose Community measures in the framework of Directive 76/769/EEC or in the framework of other relevant existing Community instruments.

(12) The Member States' experts meet regularly in order to review risk assessment reports with a view to preparing the measures to be adopted according to the Committee procedure established by Council Regulation 793/93/EEC.

(13) "European Union Risk Assessment Report, alkanes, C10-13, chloro", Chemicals Bureau, Institute for Health and Consumer Protection, Joint Research Centre, European Commission.

(14) CSTEE's opinion on the results of the risk assessment of SCCPs carried out in the framework of Council Regulation (EEC)793/93 on the evaluation and control of the risks of existing substances - Opinion expressed at the 6th CSTEE pleanry meeting, Brussels, 27 November 1998. http://europa.eu.int/comm/food/fs/sc/sct/out23_en.html

(15) Organic carbon partition coefficient, a parameter which represents the distribution of a compound between organic carbon in the soil (e.g. humic acid) and water.

(16) Opinion of the CSTEE's on "SCCPs" - Follow-up to Directive 2002/45/EC, Opinion expressed at the 35th CSTEE plenary meeting, Brussels, 17 December 2002. http://europa.eu.int/comm/food/fs/sc/sct/out23_en.html

(17) OJ L 331, 15.12.2001, p. 1.

(18) OJ C 188, 8.8.2002, p. 2.

(19) See pages 2 and 6 of the application notified by the Netherlands.

(20) See page 3 of the application notified by the Netherlands.

(21) "Explanatory report chlorinated paraffins" (Sloof et al., 1992).

(22) See footnote 12.