Commission Recommendation

of 30 May 2008

on risk reduction measures for the substances zinc oxide, zinc sulphate and trizinc bis(orthophosphate)

(notified under document number C(2008) 2322)

(Text with EEA relevance)

(2008/468/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances [1] and in particular Article 11(2) thereof,

Whereas:

(1) In the framework of Regulation (EEC) No 793/93 the following substances have been identified as priority substances for evaluation in accordance with Commission Regulation (EC) No 2268/95 of 27 September 1995 concerning the second list of priority substances as foreseen under Regulation (EEC) No 793/93 [2]:

- zinc oxide,

- zinc sulphate,

- trizinc bis(orthophosphate).

(2) The Member State designated as rapporteur pursuant to this Commission Regulation has completed the risk evaluation activities with regard to man and the environment for those substances in accordance with Commission Regulation (EC) No 1488/94 of 28 June 1994 laying down the principles for the assessment of risks to man and the environment of existing substances in accordance with Council Regulation (EEC) No 793/93 [3] and has suggested a strategy for limiting the risks.

(3) The Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) and the Scientific Committee on Health and Environmental Risks (SCHER) have been consulted and have issued opinions with respect to the risk evaluations carried out by the rapporteur. The opinions have been published on the website of those Scientific Committees.

(4) The results of the risk evaluation and further results of the strategies for limiting the risks are set out in the corresponding Commission Communication [4].

(5) It is appropriate, on the basis of that evaluation, to recommend risk reduction measures for the substances covered by this Recommendation and the Communication.

(6) The risk reduction measures provided for in this recommendation are in accordance with the opinion of the Committee set up pursuant to Article 15(1) of Regulation (EEC) No 793/93,

HEREBY RECOMMENDS:

SECTION 1

ZINC OXIDE

(CAS No 1314-13-2; Einecs No 215-222-5)

ZINC SULPHATE

(CAS No 7733-02-0; Einecs No 231-793-3)

TRIZINC BIS(ORTHOPHOSPHATE)

(CAS No 7779-90-0; Einecs No 231-944-3)

Risk reduction measures for the environment (1, 2, 3, 4 and 5)

1. For the river basins where emissions of zinc may cause a risk, the Member States concerned should establish environmental quality standards (hereafter EQS). The national pollution reduction measures to achieve those EQS in 2015 should be included in the river basin management plans in line with the provisions of Directive 2000/60/EC of the European Parliament and of the Council [5].

2. The Member States should provide information to the Commission on the contribution of zinc sources and pathways to the aquatic environment, on possible controls and also on the levels of zinc in the aquatic environment, in order to consider possible inclusion of zinc in the next review of Annex X to Directive 2000/60/EC.

3. The competent authorities in the Member States concerned should lay down conditions, emission limit values or equivalent parameters or technical measures regarding zinc and zinc compounds in the permits issued under Directive 2008/1/EC of the European Parliament and of the Council [6] in order for installations to operate according to the best available techniques (hereafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

4. Member States should carefully monitor the implementation of BAT regarding zinc and zinc compounds and report any important developments to the Commission in the framework of the exchange of information on BAT.

5. Local emissions to the environment should, where necessary, be controlled by national rules to ensure that no risk for the environment is expected.

SECTION 2

ADDRESSEES

6. This Recommendation is addressed to Member States.

Done at Brussels, 30 May 2008.

For the Commission

Stavros Dimas

Member of the Commission

[1] OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

[2] OJ L 231, 28.9.1995, p. 18.

[3] OJ L 161, 29.6.1994, p. 3.

[4] OJ C 155, 20.6.2008, p. 1.

[5] OJ L 327, 22.12.2000, p. 1. Directive as last amended by Directive 2008/32/EC (OJ L 81, 20.3.2008, p. 60).

[6] OJ L 24, 29.1.2008, p. 8.

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