COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(89) 548 final - SYN 224 
Brussels/!!} November 1989 
Proposal for a 
COUNCIL DIRECTIVE 
amending for the tenth time Directive 76/769/EEC on the approximation 
of the laws, regulations and administrative provisions of the Member States 
relating to restrictions on the marketing and use of 
certain dangerous substances and preparations 
(presented by the Commission) 
Explanatory «eooraudui 
1. Kim of the Directive 
This is the restriction of the marketing and use of certain dangerous 
substances and preparations. 
It will contribute to: 
- improved protection of man and of environment, 
- improved functioning of the internal market through the imposition 
of the same restrictions throughout this area without internal 
frontiers. 
?. Factors taken into consideration 
The following factors were taken into consideration when the proposal for 
a Directive was being drawn up: 
- cadmium pollution poses a complex and difficult problem since it is a 
"multimedia" form of pollution, affecting all environmental sectors. 
Cadmium may be emitted into the environment at numerous points in the 
production, manufacturing, use and waste disposal processes. 
Some twenty legal acts concerning cadmium have been published in the 
Official Journal: clear evidence of the importance attached to it; 
- in April 1987 the Commission presented to the Council an action 
programme on environmental pollution by cadmium. In response to that 
Communication, on 25 January 1908 the Council adopted Resolution 
88/C 30/01 on a Community action programme to combat environmental 
pollution by cadmium. The Resolution stresses the major elements of the 
strategy for cadmium control in the interests of the protection of 
health and the environment. These elements concern the limitation of 
the uses of cadmium to cases where suitable alternatives do not exist, 
stimulation of research and development, collection and recycling of 
products containing cadmium, for example batteries, and development of 
a strategy designed to reduce cadmium input in soil; 
- measures to restrict the use of cadmium taken individually by the 
Member States. These may constitute barriers to trade and have a direct 
effect on the establishment and operation of the internal market; 
- scientific and technical data on the existence of substitutes less 
hazardous both for man and the environment. 
3. Comments on the proposed restrictions 
Cadmium and its compounds are substances that are dangerous for man and 
the environment; it is therefore necessary to regulate their marketing. 
This proposal for a Directive falls within the context of Council 
Directive 76/769/EEC. The following principles were incorporated in the 
drafting: 
- the ban on the use of cadmium affects three areas of application -
pigments, stabilizers and plating - but the purpose of the ban differs 
in each case. 
In the case of pigments, polymers (basic products) are covered. The 
Directive contains a list of polymers which may no longer be coloured 
by pigments containing cadmium. 
In the case of stabilizers, products or articles are covered. 
In the case of cadmium-plating. sectors or applications are covered. 
By a process of elimination, any substance not included in the lists is 
permitted; 
- the date for putting the Directive into effect may vary according to 
product. Some manufacturers need time to adapt their production to 
these conditions; 
- in certain circumstances, notably for reasons of safety and 
reliability, it may be essential to use cadmium. A general derogation 
clause is provided for that reason; 
-the Directive is not applicable in certain cases, notably where other 
directives contain further special provisions; 
- implementation of the Combined Nomenclature (Council Regulation (EEC) 
No 2658/87 of 23 July 1987, as amended, on the tariff and statistical 
nomenclature and on the Common Customs Tariff: OJ L 256, 7.9.1987). 
•"S 
It has emerged in many cases from discussions with national experts that 
the definition of the products or applications covered by the Directive 
poses a very thorny problem. To overcome that it is proposed to include 
with the products or applications, where possible, the corresponding CN 
code number. 
The CN code numbers corresponding to the proposed definition are 
therefore indicated in brackets after each product or application.The CN 
subheadings are Community subdivisions to the harmonized system 
nomenclature. The first six digits of the code numbers relate to the 
harmonized system nomenclature, while the next two digits identify the CN 
subheadings required. 
With a view to establishing an operative system, a recital concerning 
technical and technological progress in relation to substitutes for 
cadmium and its compounds has been included in the proposal. This 
reference to progress, which meshes with the context of Council 
Resolution 88/C 30/01, is set out in Article 2 of the proposal. 
A. Conformity with the Treaty 
As is clear from section 3 above, this proposal is intended to afford 
a high Level of protection for both persons and the environment and 
is therefore in conformity with Article 100A (3) of the Treaty. 
The proposal does not call for any special provisions of the kind 
referred to in Article 8c of the Treaty. 
5. Consultation of the sector concerned 
The proposal for a Directive was drawn up in consultation with a 
group of national experts on public health and environmental 
protection as well as representatives of the various sectors of 
industry concerned. 
6. Consultation of the European Parliament and the Economic and Social 
Committee 
In compliance with Article 100A of the Treaty, the cooperation 
procedure with the European Parliament is applicable. The Economic 
and Social Committee has to be consulted. 
u 
Proposal for a 
COUNCIL DIRECTIVE 
amending for the tenth time Directive 76/769/EEC on the approximation of 
the laws, regulations and administrative provisions of the Member States 
relating to restrictions on the marketing and use of certain dangerous 
substances and preparations. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Havind regard to the Treaty establishing the European Economic Community, 
and in particular Article 100a thereof, 
1 Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
1 0J No 
2 OJ No 
3 OJ No 
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Whereas measures should be adopted for the progressive establishment of the 
internal market by 31 December 1992; whereas the internal market is an area 
without internal frontiers in which the free circulation of goods, 
persons, services and capital is guaranteed; 
4 
Whereas the Council Resolution of 25 January 1988" invites the Commission to pursue 
without delay .the development of specific measures for a Community action 
programme to combat environmental pollution by cadmium; whereas human 
health also has to be protected and an overall strategy that in particular 
restricts the use of cadmium and stimulates research into substitutes 
should therefore be implemented; 
Whereas the restrictions on the use of cadmium and its compounds laid down 
by this Directive take into account the current state of knowledge and 
techniques regarding substitutes; whereas it would be advisable to reassess 
the situation in the light of the development of knowledge and techniques; 
Whereas restrictions already adopted by certain Member States on use and 
marketing of the above mentioned substances or preparations containing them 
have a direct effect on the establishment and functioning of the internal 
market; whereas it is therefore necessary to approximate the laws of the 
Member States in this field and thus to amend the Annex to Council 
Directive 76/769/EEC , as last amended by Directive / /EEC , 
HAS ADOPTED THIS DIRECTIVE: 
4 OJ No C 30, 4.2.1988, p.1-
5 0J No L 262, 27.9.1976, p.201 
6 OJ No L 
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' Article 1 
Annex I to Directive 76/769/EEC is hereby amended as set out in the Annex 
hereto. 
Article 2 
Owing to the development of knowledge and techniques in respect of substitutes 
for cadmium, the Council shall reassess the situation within seven years of 
adoption of this Directive on the basis of a report drawn up by the Commission. 
Article 3 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive no later than 30 June 1991 
and shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the Commission no later than 31 December 
1990 the text of the basic provisions of national law which they adopt in 
the field covered by this Directive. 
3. The provisions adopted pursuant to paragraph 1 shall make express reference 
to this Directive. 
Article A 
This Directive is addressed to the Member States. 
Done at Brussels For the Council 
•\ 
ANNEX 
The following point is hereby added to Annex I to Directive 76/769/EEC: 
"Cadmium (CAS No. 7440-43-9) and its compounds 
1.1. Shall not be used to give colour to finished products manufactured 
from the substances and preparations listed below. 
Such finished products, whatever their use or intended final purpose, 
shall not be placed on the market if their cadmium content (expressed 
as Cd metal) exceeds 0.01 X by weight. 
- polyvinyl chloride (PVC) ••••%" 
- polyurethane (PUR) 
- low-density polyethylene (Id PE), with the 
exception of low-density polyethylene used 
for the production of coloured masterbatch 
- cellulose acetate (CA) 
- cellulose acetate butyrate (CAB) 
- epoxy resins (3904 10) (3904 21) 
(3904 22) 
(3909 50) 
(3901 10) 
(3912 11) (3912 12) 
(3912 11) (3912 12) 
(3907 30) (*) 
1.2. Shall also be covered by this provision from (five years from adoption 
of this Directive) : 
a) the finished products manufactured from the following substances 
and preparations : 
- melamine - formaldehyde (MF) resins 
- urea - formaldehyde (UF) resins 
- unsaturated polyesters (UP) 
- polyethylene terephthalate (PET) 
- polybutylene terephthalate (PBT) 
- transparent/general-purpose polystyrene 
- acrylonitrile methylmethacrylate (AMMA) 
- cross-1 inked polyethylene (VPE) 
- high-impact polystyrene 
- polypropylene (PP) (3902 10) (3909 20) 
(3909 10) 
(3907 91) 
(3907 60) 
(3903 11) (3903 19) (*) 
(l° Council Regulation (EEC) No 2658/87 of 23 July 1987, on the tariff ?nd statis­
tical nomenclature and on the common customs tariff: 0J No L 256, 7.9.1987, p.1 
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b) paints (3208) (3209) J (*) 
However, if the paints have a high zinc content, their residual 
concentration of cadmium should be as low as possible and at all 
events not exceed 0,1 % by weight. 
1.3. However, this provision shall not apply to products to be 
coloured for safety reasons. 
2.1. Shall not be used to stabilize the finished products listed below 
manufactured from polymers or copolymers of vinyl chloride 
Such finished products shall not be placed on the market if their 
cadmium content (expressed as Cd metal) exceeds 0.01 % by weight. 
- packaging materials (bags, containers, 
bottles, lids) 
- office or school supplies 
- fitting for furniture, coachwork or 
the like 
- articles of apparel and clothing 
accessories (including gloves) 
- floor and wall coverings 
- impregnated, coated, covered or laminated 
textile fabrics 
- imitation leather and morocco-leather goods 
- gramophone records 
- tubes and pipes and their fittings 
- swing doors 
- vehicles for road transport (interior, 
exterior, underbody) 
- coating of steel sheet used in construction 
or in industry 
- insulation for electrical wiring (3923 29 10) 
(3920 41) (3920 42) 
(3926 10) 
(3926 30) 
(3926 20) 
(3918 10) 
(5903 10) 
(4202) 
(8524 10) 
(3917 23) (*) 
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This provision shall enter into force on (three years from the adoption 
of this Directive). 
2.2. However, this provision shall not apply to finished 
products using stabilizers with cadmium for safety reasons. 
3. Within the meaning of this Directive, cadmium plating means any 
deposit or coating of metallic cadmium on a metallic surface. 
3.1. Shall not be used for plating metallic products or components of the 
products used in the sectors/applications listed below. 
Such cadmium-ptated finished products or components- of these products 
shall not be placed on the market where they are used in i-
a) equipments and machinery for 
- food production 
- agriculture 
cooling and freezing 
printing and book-binding (8210) 
(8417 20) 
(8419 81) 
(8421 11) 
(8421 22) 
(8422) 
(8435) (8437) (8438) 
(8476 11) 
(8419 31) 
(8424 81) 
(8432) (8433) 
(8434) (8436) 
(8418) 
(8440) 
(8442) 
(8443) (*) 
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b) equipment and machinery for the production of : 
- household goods (7321) 
(8421 12) 
(8450) 
(8509) 
(8516) 
- furniture (8465) (8466) 
(9401) (9402) 
(9403) (9404) 
- sanitaryware (7324) 
- central heating and (7322) 
air conditioning plant (8403) (8404) 
(8415) 
or in the products manufactured in the sectors listed under b) (*) 
3.2. Shall be covered by this provision from (five years from adoption of 
this Directive) products or components of products intended for use 
in: . _ 
a) equipment and machinery for the production of : 
- paper and board (8419 32) 
(8439) 
(8441) 
- textiles and clothing (8444) 
(8445) (8447) 
(8448) (8449) (8451) 
(8452) (*) 
b) equipment and machinery for the production of : 
- industrial handling (8425) (8426) (8427) 
(8428) 
(8429) 
(8430) 
(8431) 
- road and agricultural vehicles (chapter 87) 
- rolling stock (chapter 86) 
- vessels (chapter 89)) 
or in the products manufactured in the sectors listed under b). (*) 
y \K 
3.3. However, this provision shall not apply to: 
- products and components of the products used in the aerospace, 
mining, offshore and in nuclear sectors whose applications require high 
safety standards and in safety devices in road and agricultural 
vehicles, rolling stock and vessels; 
- electrical contacts in any sector of use on account of the reliability 
required of the apparatus on which they are installed.'• 
rv 
i. 
Impact on competitiveness and employment 
I. Principle grounds for introducing the measure 
In the framework of Directive 76/769/EEC relating to restrictions on 
the marketing and use of certain dangerous substances and 
preparations, a proposal for a Directive has been prepared by the 
Commission with the aim of limiting the use of cadmium. 
This proposal for a directive must be regarded in the perspective 
of : 
- the other existing European legislations to control the imput of 
cadmium in the environment 
- the communication presented by the Commission to the Council in 
April 1987 for a proposed action programme on environmental 
pollution by cadmium (COM (87) 165 final). 
- The Council Resolution of 25 January 1988 (88/C30/01 of 4/2/88) 
which invites the Commission to continue without delay the 
elaboration of specific measures concerning and Community action 
programme to combat environmental pollution by cadmium. 
The Council Resolution also underlines the major elements of a 
strategy for cadmium control in the interests of the protection of 
human health and the environment. These elements are the limitation 
of the uses of cadmium where suitable alternatives do not exist, 
the stimulation of research and development; the collection and 
recycling of products containing cadmium. 
jft 
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- an existing legislation in Denmark which is in force since 1st 
January 1984 and prohibits the manufacture and importation of 
products containing cadmium. 
- a project of decree in the Netherlands concerning cadmium 
prohibition in products notified to the Commission in the framework 
of Directive 83/189/EEC on 26 April 1987. This project has been 
already published in the Netherlands official journal but the law 
is not effectively enforced. 
11- Characteristics of the firms concerned 
The directive is trying to put in balance the industrial areas where 
the use of cadmium is essential and the potential risks for the 
environment. The obvious first step, in order to define some 
realistic restrictions on the limitation of cadmium and its 
compounds, was to look at the distribution of cadmium users and to 
make a distinction between the major areas and the less important 
ones. 
The available data has allowed us to see the proportion of cadmium 
end-uses in the European countries. Plating and pigments have the 
same order of percentage (24-29 %) whereas stabilizers represent the 
half of that percentage (12 %) The part occupied by batteries 
represents nearly 1/3 of the total cadmium consumed. However the 
batteries are being investigated separately in the frame of another 
directive and therefore would not be tackled 'in the present 
directive. 
On the basis of the above data only the three following sectors : 
- pigments 
- stabilizers 
- plating 
have been tackled by the present proposal for a Directive. 
^ 
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Are there regional concentrations 
The laws of prohibition on cadmium already adopted by some Member 
States had as result to close their markets to goods coming from 
other member States. 
At the door of the Internal Market of 1992 such situations could be 
harmful and therefore the Commission has decided to make all the 
necessary efforts to harmonize the legislations of the member States 
in this field. This would have a positive impact to the industry 
concerned all over Community. 
III. Direct obligations on firms 
All the products which appear in the lists covered by this Directive 
must satisfy its provisions, from the date of its entry into force. 
Prohibitions on application of cadmium would result to a consequent 
need for alternatives. This could have a number of cost implications, 
the most obvious of which but by no means the most significant is 
the direct cost of new formulations for these alternatives. Other 
factors must also be considered notably the performance 
characteristics of the alternatives and its harmlessness to man and 
the environment. 
However, it is the view of the EEC industry concerned that it is 
feasible that practical substitutes to cadmium for most of the use 
areas covered by the proposal exist or are already employed. 
In all the three sectors mentioned above intensive research has led 
to the development; of substitutes which could be considered as 
equivalent to cadmium. 
Furthermore at the present time and in the three sectors concerned 
the major substitution would appear to have already taken place. 
IV. Obligations which may be imposed indirectly on firms by local 
authorities. 
.p 
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The directive will be applied in each Member States on the basis of 
the transposition of its provisions into national Law local 
authorities may impose additional requirements only if these do not 
adversely affect the trade of the products concerned and on the basis 
of paragraph d) of the Article 100 A of the Single European Act. 
V. Are there any special measures applicable to small and medium - sized 
firms ? 
No. These firms in the three sectors concerned 
(pigments/stabilizers/plating) should also comply with the provisions 
provided for under the directive. However, despite of the fact that 
the directive bans the marketing of specific products containing 
cadmium a transition period of 3-5 years has been granted to allow 
industry and more particular SME and PME to adapt their manufacturer 
process to the new conditions. 
VI. What is the likely effect 
- on the competitiveness of undertakings ? 
The powerful advantage given by the directive to the European 
Industry concerned as regards the harmonization of the legislations 
concerning restrictions on the uses of cadmium is that after the 
date of entry into force of the directive it will no longer be 
possible to impede the free movement of the products which do not 
appear in the lists of banned products on the internal market. 
However this directive does not apply to exports of products 
containing cadmium to Third countries. 
On the other hand any EEC legislation treats imports into the 
Community in an identical manner to EEC production and this also 
allows the European industry to compete fairly with those trading 
nations who export to the Community market. 
P 
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There is currently a reliable method to detect the presence of 
cadmium in products. 
- on employments 
As for employment the effects of such restrictions are very 
difficult to quantity and would vary according to the applications 
involved. It is however noticeable that the implementation of the 
directive should result in a general improvement in the 
competitiveness of the European Industry concerned with a 
consequent beneficial effect on the labour market. 
VII. Have both sides of industry been consulted ? 
Industry's concern regarding the prohibition of uses of cadmium was 
tackled with attention. Useful contacts have been taken with the 
representatives of industries concerned by the project in order to 
discuss the critical industrial areas which could be affected by such 
a directive. The approach adopted was to discuss the restrictions on 
the application of cadmium on case by case basis allowing a more 
complete discription of the industrial sectors involved. The result 
was the establishment of lists of banned products accepted by both 
sides. 
A group of national experts was also directly and actively involved 
in the preparation of this proposal. 
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ISSN 0254-1475 
COM(89) 548 final 
DOCUMENTS 
EN 05 
Catalogue number : CB-CO-89-538-EN-C 
ISBN 92-77-55053-8 
Office for Official Publications of the European Communities 
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