Commission Recommendation

of 30 May 2008

on risk reduction measures for the substances sodium chromate, sodium dichromate and 2,2′,6,6′-tetrabromo-4,4′-isopropylidenediphenol (tetrabromobisphenol A)

(notified under document number C(2008) 2256)

(Text with EEA relevance)

(2008/454/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 Regulations (EC) No 143/97 [2] and (EC) No 2364/2000 [3] respectively concerning the third and fourth list of priority substances as foreseen under Regulation (EEC) No 793/93:

- sodium chromate,

- sodium dichromate,

- 2,2′,6,6′-tetrabromo-4,4′-isopropylidenediphenol (Tetrabromobisphenol A).

(2) The Member States designated as rapporteurs pursuant to Regulations (EEC) No 793/93 and (EC) No 143/97 have 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 [4] and have 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 rapporteurs. The opinions have been published on the website of those 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 [5].

(5) It is appropriate, on the basis of that evaluation, to recommend certain risk reduction measures for certain substances.

(6) The risk reduction measures recommended for workers should be considered within the framework of the legislation for workers protection, which is considered to provide an adequate framework to limit the risks of the relevant substances to the extent needed.

(7) 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

SODIUM CHROMATE

(CAS No 7775-11-3; Einecs No 231-889-5)

Risk reduction measures for workers (1) and the environment (2, 3, 4, 5 and 6)

1. Employers using chromium (VI) compounds for use in the manufacture of pigments and dyes, the formulation of metal treatment products, electrolytic metal plating, and as mordants in wool dyeing should take note of any sector-specific guidance developed at national level, based on the practical non-binding guidance, as provided for in Article 12(2) of Council Directive 98/24/EC [6].

2. The competent authorities in the Member States concerned should lay down, in the permits issued under Directive 2008/1/EC of the European Parliament and of the Council [7], conditions, emission limit values or equivalent parameters or technical measures regarding chromium (VI), in order for the installations concerned to operate according to best available techniques (hereinafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

3. Member States should carefully monitor the implementation of BAT regarding chromium (VI) and report any important developments to the Commission in the framework of the exchange of information on BAT.

4. To facilitate permitting and monitoring under Directive 2008/1/EC chromium (VI) should be included in the ongoing work to develop guidance 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.

6. For the water bodies where emissions of chromium (VI) may cause a risk, the relevant Member State(s) establish environmental quality standards (hereinafter EQS) and the national pollution reduction measures to achieve those EQS in 2015 in accordance with Directive 2000/60/EC of the European Parliament and of the Council [8].

SECTION 2

SODIUM DICHROMATE

(CAS No 10588-01-9; Einecs No 234-190-3)

Risk reduction measures for workers (7) and the environment (8, 9, 10, 11 and 12)

7. Employers using chromium (VI) compounds for use in the manufacture of pigments and dyes, the formulation of metal treatment products, electrolytic metal plating, and as mordants in wool dyeing should take note of any sector-specific guidance developed at national level, based on the practical, non-binding guidance, as provided for in Article 12(2) of Directive 98/24/EC.

8. The competent authorities in the Member States concerned should lay down, in the permits issued under Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding chromium (VI), in order for the installations concerned to operate according to BAT taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

9. Member States should carefully monitor the implementation of BAT regarding chromium (VI) and report any important developments to the Commission in the framework of the exchange of information on BAT.

10. To facilitate permitting and monitoring under Directive 2008/1/EC, chromium (VI) should be included in the ongoing work to develop guidance on BAT.

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

12. For the water bodies where emissions of chromium (VI) may cause a risk, the relevant Member State(s) establish EQS and the national pollution reduction measures to achieve those EQS in 2015 in accordance with Directive 2000/60/EC.

SECTION 3

2,2′,6,6′-TETRABROMO-4,4′-ISOPROPYLIDENEDIPHENOL (TETRABROMOBISPHENOL A)

(CAS No 79-94-7; Einecs No 201-236-9)

Risk reduction measures for the environment (13, 14)

13. The competent authorities in the Member States concerned should lay down, in the permits issued under Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding TBBPA in order for the installations concerned to operate according to BAT taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

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

SECTION 4

ADDRESSEES

15. This Recommendation is addressed to all sectors importing, producing, transporting, storing, formulating into a preparation or other processing, using, disposing or recovering the substances and to the 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 25, 28.1.1997, p. 13.

[3] OJ L 273, 26.10.2000, p. 5.

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

[5] OJ C 152, 18.6.2008, p. 11.

[6] OJ L 131, 5.5.1998, p. 11. Directive as modified by Directive 2007/30/EC of the European Parliament and of the Council (OJ L 165, 27.6.2007, p. 21).

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

[8] 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).

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