COMMISSION RECOMMENDATION

of 30 May 2008

on risk reduction measures for the substances: benzyl butyl phthalate (BBP), 2-furaldehyde (furfural), perboric acid, sodium salt

(notified under document number C(2008) 2328)

(Text with EEA relevance)

(2008/447/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 2268/95(2) and (EC) No 143/97(3) respectively concerning the second and third list of priority substances as foreseen under Council Regulation (EEC) No 793/93:

— benzyl butyl phthalate (BBP),

— 2-furaldehyde (furfural),

— perboric acid, sodium salt.

The rapporteur Member States designated pursuant to those Regulations 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.

(2) 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 the Scientific Committees.

(3) 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).

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

(5) 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.

(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 BENZYL BUTYL PHTHALATE (BBP)

(CAS No 85-68-7; Einecs No 201-622-7)

Risk reduction measures for the environment (1 and 2)

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

For river basins where emissions of BBP may cause a risk, the relevant Member State(s) establish Environmental Quality Standards (EQS) and the national pollution reduction measures to achieve those EQS in 2015 shall 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(6) (Water Framework Directive).

SECTION 2 2-FURALDEHYDE (FURFURAL)

(CAS No 98-01-1; Einecs No 202-627-7)

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

The risk assessment has identified other sources of furfural emissions (e.g. major contamination from the sulfite pulping processes used in pulp and paper industry), than those from the produced or imported chemical. The need to consider if additional risk management is needed can best be considered under Directive 2008/1/EC of the European Parliament and of the Council(7) and Directive 2000/60/EC, using the information in the comprehensive risk assessment report.

Competent authorities in the Member States concerned should lay down, in the permits issued under Council Directive 2008/1/EC, conditions, emission limit values or equivalent parameters or technical measures regarding furfural in order to operate according to the Best Available Techniques (hereinafter BAT) taking into account the technical characteristic of the installations concerned, their geographical location and the local environmental conditions.

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

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

SECTION 3 PERBORIC ACID, SODIUM SALT

(CAS No 11138-47-9; Einecs No 234-390-0)

Risk reduction measures for workers (7)

Employers using sodium perborates should take note of any sector specific guidance developed at national level based on the practical non-binding guidance, available from the Commission as provided for in Article 12(2) of Council Directive 98/24/EC(8).

SECTION 4 ADDRESSEES

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

(2)

OJ L 231, 28.9.1995, p. 18

(3)

OJ L 25, 28.1.1997, p. 13

(4)

OJ L 161, 29.6.1994, p. 3

(5)

OJ C 149, 14.6.2008, p. 14

(6)

OJ L 327, 22.12.2000, p. 1

. Directive as amended by Directive 2008/32/EC (

OJ L 81, 20.3.2008, p. 60

(7)

OJ L 24, 29.1.2008, p. 8

(8)

OJ L 131, 5.5.1998, p. 11

. Directive as amended by Directive 2007/30/EC of the European Parliament and of the Council (

OJ L 165, 27.6.2007, p. 21