No C 35/26 Official  Journal  of the European  Communities 16. 2. 76 
health  hazard,  and  may  therefore  be added  to the 
Community  list of preservatives  for use in food; 
Whereas  the  inclusion  of these  substances  on the 
Community  list will  avert  the use of substance  about 
which  there  is less  confidence  from  the point  of view 
of health  protection, HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the draft  Directive.  It urges 
the Commission  to accept  the  recommendation  of 
the Scientific  Committee  for  Food,  and  review:  (a) 
the use  of nitrites  and  nitrates;  (b) the mineral  iron 
balance  in the human  diet,  with  special  reference  to 
sodium  and  potassium. 
Done  at Brussels,  27 November  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Directive  on the  approximation  of Member 
States'  laws,  regulations  and  administrative  provisions  relating  to the  classification, 
packaging  and  labelling  of paints,  varnishes,  adhesives  and  similar  products 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 166  of 23 July  1975,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 9 July  1975,  the Council  referred  the abovementioned  proposal  to the  Economic 
and Social  Committee  in accordance  with  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
135th  plenary  session,  held  in Brussels  on 26 and  27 November  1975. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  thereof, 
Having  regard  to the request  for an opinion  made  by 
the Council  on 9 July  1975, Having  regard  to the decision  taken  by its Bureau  on 
15 July  1975,  instructing  the Section  for Protection 
of the  Environment,  Public  Health  and  Consumer 
Affairs  to draw  up an opinion  and  a report  on the 
matter, 
Having  regard  to the  opinion  issued  by the Section 
for Protection  of the  Environment,  Public  Health 
and Consumer  Affairs,  at its  meeting  on  11 
November  1975,  and  the  report  submitted  by the 
Rapporteur,  Mr Jaschick, 
16. 2. 76 Official  Journal  of the  European  Communities No C 35/27 
Having  regard  to the  supplementary  opinion  issued 
by the  Section  for  Industry,  Commerce,  Crafts  and 
Services, 
Having  regard  to the  discussions  at its 135th  plenary 
session,  held  on 26 and  27 November  1975  (meeting 
of 27 November), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the  proposal,  subject  to the 
following  comments: 
1. General  comments 
Full alignment  of national  laws  in the  field  covered 
by the  Directive  should  not  only  ensure  free 
movement  of goods  but  also  improve  safety  and  give 
better  health  protection,  especially  for  those  who 
have  to handle  the  relevant  products  in the  course  of 
their  work.  The  Committee  therefore  welcomes  the 
fact that  the  draft  Directive  provides  for  'total 
harmonization'.  The  Committee  has  always 
advocated  this  form  of harmonization,  particularly 
for provisions  designed  to safeguard  public  health. 
1.1. Scope  of the  draft  Directive 
1.1.1.  The  Committee  notes  that  the  proposal 
applies  to products  which  are  set out  in Article  1 and 
fall within  the  categories  specified  in Article  3. It 
would,  however,  point  out  that  printing  inks  which 
are included  in the  list  in Article  1, constitute  a 
distinct  group  of products  from  several  points  of 
view.  The  Committee  therefore  considers  that 
printing  inks  should  be mentioned  explicitly  in the 
title of the  Directive,  in order  to draw  attention  to 
the fact  that  they  are covered. 
1.1.2.  The  Committee  also  notes  that  some  of the 
products  listed  in Article  1 are  governed,  by  the 
Directive  relating  to the  classification,  packaging  and 
labelling  of pesticides.  Wood  preservatives  are  an 
example. 
1.1.3.  The  labelling  requirement  (in  so far  as it 
exists)  for  other  products  —  such  as  siccatives, 
antioxidants  and  inflammable  products  — is laid 
down  by the  basic  Directive  of 1967  on dangerous 
substances,  to which  reference  is made. 
1.1.4.  Only  three  Member  States  are  currently 
applying  the  basic  Directive,  which  was  amended  for the fifth  time  in June  1975.  The  Commission  should 
urge  the other  Member  States  to implement  the  basic 
Directive  and  the  Directive  on solvents  before  the 
proposal  under  review  comes  into  force. 
1.1.5.  In  general  the  overlapping  of rules  creates 
problems  and  necessitates  detailed  cross-references 
between  the  various  instruments  or  complicated 
exception  clauses.  The  differences  between  the 
transport  labelling  requirements  for  goods  exported 
to non-member  countries  and  those  applicable  to 
intra-Community  trade  can  be quoted  as an example 
of the  problems  involved. 
1.1.6.  Codification  of  EEC  provisions  on 
dangerous  substances  is necessary,  and  it is suggested 
that this  be started  in due  course. 
1.1.7.  Furthermore,  rules  should  be introduced  to 
cover  the  handling  and  use  of dangerous  substances. 
Experience  in the  EEC  countries  abundantly  shows 
that only  specific  rules  on  the  use  of dangerous 
substances  can  effectively  prevent  accidents  and 
damage  to health.  This  area  has  been  excluded  from 
the scope  of the Directive. 
1.1.8.  The  present  Directive  should  confine  itself 
to the  rules  on  classification,  packaging  and 
labelling.  Rules  on the  use  of dangerous  substances 
should  be brought  out  as soon  as possible  to protect, 
in particular,  the  ill-informed  or careless  domestic 
user,  children  and  immigrant  workers. 
1.1.9.  The  Committee  is pleased  to note  that  the 
Commission  is dealing  with  the  question  of bringing 
the names  of dangerous  substances  given  in Annex  I 
into line  with  international  nomenclature. 
1.1.10.  The  Committee  recognizes  that 
improvements  in intra-Community  trade  and  trade 
with  non-member  countries  will  accure  from  this 
process  of alignment.  The  Committee  therefore  urges 
that the process  be completed  as soon  as possible. 
1.2. Labelling  of  products 
1.2.1.  In  the  interests  of consumer  information, 
the Committee  urges  that  the  written  warnings 
referred  to in Article  6 be replaced  by appropriate 
No C 35/28 Official  Journal  of the  European  Communities 16. 2. 76 
graphic  symbols  which  illustrate  unmistakably  the 
hazards  of dangerous  substances  (when  swallowed, 
inhaled,  etc.).  The  use  of these  symbols  would  not 
only  improve  public  health  protection,  but  would 
also make  it easier  to  comply  with  labelling 
requirements.  The  graphic  symbols  would,  of course, 
have  to be carefully  chosen  and  uniformly  used  in all 
Directives  on dangerous  substances.  It is suggested, 
therefore,  that  graphic  symbols  be devised  to replace 
written  warnings  as soon  as possible.  But  the  present 
Directive,  which  is a very  important  health  measure, 
should  not  be held  up until  this  is done. 
1.2.2.  There  should  be a transitional  period  before 
written  warnings  are  finally  replaced  by  graphic 
symbols.  During  this  period,  a publicity  campaign 
will have  to be mounted  to make  the  public  aware  of 
the meaning  of the symbols. 
1.2.3.  The  Committee  recognizes  that  industry 
may  be  faced  with  technical  problems  when  the 
provisions  of  Article  6 come  into  force.  It 
nevertheless  strongly  advocates  that  the  number  of 
written  warnings  on packaging  should  not  be limited 
to four.  Pending  implementation  of the  provisions  on 
the use  of graphic  symbols,  all warnings  which  are 
necessary  to safeguard  public  health  should  be given. 
1.2.4.  The  Committee  particularly  welcomes  the 
special  rules  on the  labelling  of paints  and  varnishes 
containing  lead,  since  these  rules  take  account  of 
suggestions  made  earlier  by  the  Committee  with 
regard  to the protection  of children  ('). 
1.2.5.  It  should  be pointed  out  that  even  a lead 
content  of 0-5  °/o could  be  harmful  to children 
because  they  are  apt  to accumulate  lead  from  the 
various  objects  with  which  they  come  into  contact, 
e.g., toys,  eating  utensils,  children's  furniture.  In 
such  cases  the  harmful  effects  might  only  become 
apparent  after  a number  of years. 1.2.7.  The  Commission  proposes  that  packages 
whose  contents  do  not  exceed  125  ml  should  be 
exempt  from  some  of the  labelling  requirements.  The 
Committee  would  point  out  that  it would  be wrong 
to exempt  packs  containing  a number  of packages 
and having  a total  volume  of more  than  125  ml (e.g., 
assortments  of paints). 
1.2.8.  Flie  Committee  would  draw  the 
Commission's  attention  to  the  need  for  more 
detailed  provisions  covering  advice  on  safety  and 
first aid,  in view  of the  type  of accidents  which  may 
occur  —  especially  to  children  and  immigrant 
workers  — when  certain  of these  products  are  being 
used. 
1.2.9.  In  this  connection  consumers  must  be 
provided  with  readily  accessible  information  about 
the dangers  of specific  preparations. 
2. Specific  comments 
2.1. Article  3, subparagraph  5 (a) 
2.1.1.  The  Committee  would  point  out  that  the 
substances  classified  as oxidizing  are  not  listed  in 
Annex  1. It calls  upon  the  Commission  to make 
good  this  omission  as soon  as it is found  that  these 
products  are used  in the manufacture  of paints. 
2.2. Article  3 (6) 
2.2.1.  The  Committee  draws  the  Commission's 
attention  to the  need  to use  internationally  accepted 
units  of measurement  in tests.  This  means  that  the 
'Poise'  unit  should  be  replaced  by  the  'Pascal 
second'  (1 Pascal  second  = 10  Poises). 
1.2.6.  Furthermore,  a measure  like  that  set out  in 
Annex  II would  be ineffective  in many  cases,  since 
once  the  paints  have  been  applied,  for  example  in 
dwellings,  there  is no  warning  of the  hazard.  A 
Directive  should  therefore  be introduced  to ban  the 
use of lead  compounds  in excess  of the  levels 
specified  or even  more  stringent  levels.  This  new 
Directive  should  set  precise  limits  for  the  lead 
pigment  content  of particular  paints  and  varnishes 
for particular  uses,  and  should  give  exact  definitions. 
H OJ  No  C 263,  17. 11. 1975. 2.3. Article  6 
2.3.1.  Article  6 should  contain  the  following 
special  provision  on  printing  ink,  since  this  is 
generally  used  only  in printing  shops  and  not  by 
domestic  consumers: 
'Where  the  preparation  is printing  ink  for  use  on 
printing  presses  in printing  shops,  and  where  it is 
not classified  as either  toxic  or oxidizing  within 
16. 2. 76 Official  Journal  of the  European  Communities No C 35/29 
the meaning  of the  present  Directive,  or labelled 
as such,  it must  bear  the  symbol  X with  the 
relevant  indication  of danger,  and  also  at least 
the two  warnings  "not  to  be  inhaled"  and 
"harmful  if taken  internally".  These  provisions 
do not  affect  the  requirements  to label  the 
preparation  as "highly  inflammable"  if this  is 
nccessary  under  the  present  Directive.' 
2.4. Article  7 (3) 
2.4.1.  The  Committee  considers  that  it should  be 
compulsory  for  labels  to be in the  language  or 
languages  spoken  in the country  where  the products 
are sold.  The  Committee  has  made  this  request  on 
many  occasions  in the past. would  preclude  the  risk  of divergences  in the 
implementation  of the  Directive  as a result  of 
varying  experience  with  the  substances  in question. 
If this  is not  done,  'total  harmonization',  a 
fundamental  principle  of the  Directive,  could  be 
jeopardized.  Furthermore,  the problem  of addition  is 
not the only  one  which  merits  attention:  there  might 
also be a synergistic  effect  between  different  toxic 
substances  listed  in Annex  I. Some  substances  in 
Annex  I might  have  to be reclassified  later  in the 
light  of new  scientific  evidence.  But  in the meantime 
Article  10  of the  proposed  Directive  provides  a 
safeguard.  Article  10 allows  any  Member  State  to 
prohibit  or restrict  immediately  the marketing  of any 
preparation  which  it suspects  of presenting  a health 
or safety  hazard. 
2.5. Annex  1 
2.5.1.  The  Committee  would  stress  that  when  the 
toxicity  of the  substances  listed  in Annex  I is being 
determined,  account  should  be  taken  of  the 
synergistic  effect  that  a number  of these  substances 
may have  on the  human  body.  In this  connection, 
the Committee  recommends  the  Commission  to 
review  the classification  of a number  of substances. 
2.5.2.  With  regard  to the  introductory  comment, 
the Committee  would  ask  the  Commission  to work 
out more  precise  classification  criteria,  similar  to 
those  already  applied  in certain  Member  States.  This 2.6. Annex  11 
2.6.1.  Further  to its general  comments  on  this 
Annex,  the  Committee  would  call  upon  the 
Commission  to consider  the case  for exempting  from 
the special  labelling  requirements  those  paints  which 
contain  lead  solely  in the form  of lead  chromate  and 
lead molybdate,  in so far as they  are made  harmless 
by the elimination  of all the soluble  salts. 
2.6.2.  As  already  stressed  above  in 1.1.7  and  1.1.8, 
there  is a need  for comprehensive  EEC  rules  on the 
handling  and  use  of dangerous  substances.  Annex  II 
could  then  only  represent  a transitional  measure. 
Done  at Brussels,  27 November  1975. 
The Chairman 
of the  Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a multiannual  environmental  research  and  development 
programme  of the  European  Community  (indirect  action):  1976  to 1980 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 222  of 29 September  1975,  page  117. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 31 July  1975,  the Council  referred  the abovementioned  proposal  to the  Economic 
and Social  Committee  in accordance  with  Article  198  of the  Treaty  establishing  the 
Economic  Community.