Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium` (98/C 214/05)

On 27 March 1998 the Council decided to consult the Economic and Social Committee, under Article 130s of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 31 March 1998. The rapporteur was Mr Strasser, who worked alone.

At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee adopted the following opinion with 114 votes in favour and three abstentions.

1. Introduction

1.1. In each Member State fertilizers must display certain technical characteristics which are laid down in binding provisions. Article 7 of Directive 76/116/EEC stipulated that, without prejudice to the provisions of other Community directives, Member States might not, on grounds of composition, identification, labelling or packaging, prohibit, restrict or hinder the marketing of fertilizers marked 'EC fertilizer` which comply with the provisions of Directive 76/116/EEC and its annexes.

1.2. Neither Directive 76/116/EEC and its annexes, nor any other directive, lays down a limit value for the cadmium content of fertilizers. However, national limits existed in Austria, Finland and Sweden prior to their EU accession. In large areas of these countries, especially in the north of Sweden and Finland and in Alpine regions, the soil is very poor (e.g. acidic soil containing highly mobile heavy metals, short summers). Since it has been proved that the heavy metal cadmium damages ecosystems, these Member States have decided to minimize the possible risks resulting from the use of fertilizers.

1.3. When Austria, Finland and Sweden negotiated their EU membership, it was agreed that the limit values for cadmium laid down in each country should also apply for four years (i.e. until 1 January 1999) to fertilizers from other Member States. This constitutes a derogation from Article 7 of Directive 76/116/EEC.

1.4. It was also stipulated in the Treaties of Accession that Article 7 would be reviewed during this four-year period according to EC procedures insofar as it affected cadmium. The Commission had a study carried out to investigate the environmental impact of cadmium in fertilizers and the possible human risks involved. Because not enough data were available in all Member States, the Commission was unable to reach a final conclusion on the matter. In the Commission's view, a number of further questions have to be answered about the special situation in Austria, Finland and Sweden, too.

1.5. The study carried out on the Commission's behalf also discussed the effects which the derogation granted to Finland, Austria and Sweden might have on the free movement of goods, but it concluded that there was nothing to indicate that the free movement of goods was being impeded.

2. Commission proposals

2.1. The Commission proposes that notwithstanding Article 7 of Directive 76/116/EEC, Austria, Finland and Sweden should be allowed to continue to restrict the marketing of fertilizers containing cadmium from 1 January 1998 to 31 December 2001. It also proposes that further studies be carried out to examine the risks to health and the environment in the Member States posed by cadmium contained in fertilizers (including the risks to the health of vulnerable population groups). These further studies should be completed by 31 December 2001.

3. Comments

3.1. The Committee endorses the Commission proposal that, notwithstanding Article 7, Austria, Finland and Sweden should be allowed to retain their limit values for cadmium from 1 January 1999 to 31 December 2001, bearing in mind that cadmium is a highly sensitive issue in these countries.

3.2. The Committee also endorses the further studies planned by the Commission. However, these studies should be concluded in time for Community rules restricting cadmium in fertilizers to be drawn up by 31 December 2001 on the basis of their findings. The Committee trusts that the Member States will lend sufficient support to the Commission in its work.

Brussels, 29 April 1998.

The President of the Economic and Social Committee

Tom JENKINS