7.5.90 Official Journal of the European Communities No C 112/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the 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 (l) 
(90/C 112/01) 
On 6 December 1989, the Council decided to consult the Economic and Social Committee, 
under Article 100A of the Treaty establishing the European Economic Community, on the 
abovementioned 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 
6 February 1990. The rapporteur was Mr Beltrami. 
At its 274th plenary session (meeting of 28 February 1990), the Economic and Social 
Committee adopted the following Opinion by a majority, with one abstention. 
1. Introduction 
1.1. The draft Directive in question is the tenth 
amendment to Directive 76/769/EEC on restricting the 
marketing and use of certain dangerous substances and 
preparations, which aims to help improve the protec­
tion of man and the environment, and the functioning 
of the Internal Market, by imposing the same restric­
tions in all Member States. 
1.2. The draft Directive covers restrictions on the 
marketing and use of cadmium and its compounds in 
the context of the action programme presented by the 
Commission in April 1987 (2) to combat environmental 
cadmium pollution, and of the consequent Resolution 
adopted by the Council on 25 January 1988 (3), which 
stresses the essential elements of a strategy to combat 
environmental cadmium pollution. 
1.3. The current draft Directive represents the first 
(*) OJ No C 309, 8. 12. 1989, p. 11. 
(2) COM(87) 165 final. 
(3) OJ No C 30,4. 12. 1988, p. 1. overall strategy for regulating all aspects in the indus­
trial applications field after examining: 
— the breakdown of final consumption into its various 
branches (identifying the main ones), 
— the areas in which alternative solutions are possible, 
and 
— essential waivers on the grounds of safety and 
reliability. 
1.4. The Committee notes that for the moment the 
agricultural sector is not covered, although it is a source 
of soil contamination. The Committee takes note that 
the Council Resolution mentioned above calls for a 
strategy designed to reduce the depositing of cadmium 
in the soil, and that the Commission is considering a 
programme to monitor heavy metals and measures to 
harmonize sampling methods. It calls upon the Com­
mission to take the initiative in this field so that control 
measures can be adopted rapidly. 
1.5. The draft Directive is not applicable where other 
specific provisions are in force (e.g. the Directive on toy 
safety, Annex II of which lays down rules on cadmium 
content) (4). 
(4) OJ No L 187,16. 7. 1988. 
No C 112/2 Official Journal of the European Communities 7. 5. 90 
It should be borne in mind that the problem of cadmium 
pollution is already covered by more than 20 Com­
munity legislative acts covering other aspects, e.g.: 
— atmospheric pollution from industrial sources 
(Directive 84/360/EEC), 
— limits on the cadmium content of waste water 
(Directive 83/513/EEC), 
— limits on the cadmium content of soil and the sludge 
of waste water treatment plants (Directive 86/278/ 
EEC), 
— a ban on the use of cadmium and its compounds in 
cosmetics (Directive 76/278/EEC), and 
— the protection of workers against the risks deriving 
from exposure to chemical agents (Directive 80/ 
1107/EEC). 
Other measures are still at the proposal stage, such as 
one on batteries on which the Committee has already 
issued an Opinion (1). 
1.6. On the basis of the data on quantities consumed, 
the Directive in question has been divided into three 
fields of application: 
— pigments, 
— stabilizers, 
— cadmium-plating. 
It allows for different methods of implementation 
depending on the situation: 
— for pigments the basic product is regulated, 
— in the case of stabilizers, the stabilized products or 
articles are covered, 
— in the case of cadmium-plating, sectors or appli­
cations are covered. 
1.7. To achieve a clear definition of the products 
concerned and make possible better control of 
implementation, the proposed Directive uses the com-
(!) OJ No C 23, 30. 1. 1984; OJ No C 230, 10. 9. 1981; OJ 
No C 90, 5. 4. 1983; OJ No C 60, 26. 7. 1973; OJ No C 297, 
28. 11. 1979; OJ No C 194, 31. 7. 1989. bined nomenclature for the first time (where poss­
ible^). 
1.8. Finally, the proposed Directive provides for a 
reassessment mechanism within seven years of adoption 
to take account of the development of knowledge and 
techniques in respect of substitutes for cadmium. 
2. General comments 
2.1. In view of the above comments, the Economic 
and Social Committee generally endorses the proposal 
for a Directive amending for the tenth time Directive 
76/769/EEC on cadmium. 
2.2. It regards it as further progress in the integrated 
strategy indicated by the Community's action pro­
gramme against cadmium pollution and interprets the 
Council's Resolution of 25 January 1988 as the defi­
nition of a strategy for gradual reduction of environ­
mental cadmium pollution. 
2.3. In taking note of the proposed exemptions on 
the grounds of safety and reliability, the Committee 
would stress that adequate involvement of the two sides 
of industry in the practical definition of cases where 
such needs arise is essential. 
2.4. It thinks it advisable for the strategy indicated 
in the Council Resolution of 25 January 1988 to be 
pursued, while encouraging research and development 
activities already in progress which are aimed at finding 
alternative solutions. 
2.5. It also suggests investigating more thoroughly 
the other sectors which contribute to cadmium pol­
lution of the environment and which are not yet regu­
lated. 
2.6. The Committee welcomes the fact that, for sec­
tors covered by the present Directive, the situation will 
be reassessed within seven years, on the basis of a report 
drawn up by the Commission, and in the light of the 
further development of knowledge and techniques in 
respect of substitutes for cadmium. 
This will provide new ways of assessing and identifying 
further possibilities for implementing Council Resol­
ution 88/C 30/01. 
(2) OJ No L 256, 7. 9. 1987. 
7. 5. 90 Official Journal of the European Communities No C 112/3 
2.7. The Committee would also stress that the two 
sides of industry should be properly involved in the assessment of the results achieved and the identification 
of further action to be taken. 
Done at Brussels, 28 February 1990. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the draft Council Decision on the acceptance by the Community of a Decision/ 
Recommendation of the Organization for Economic Co-operation and Development (OECD) 
on the control of transfrontier movements of hazardous wastes 
(90/C 112/02) 
On 11 December 1989 the Council decided to consult the Economic and Social Committee, 
under Article 130S of the Treaty establishing the European Economic Community, on the 
abovementioned draft Decision. 
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 
6 February 1990. The rapporteur was Mr van Dam. 
At its 274th plenary session (meeting of 28 February 1990) the Economic and Social Committee 
adopted the following Opinion by a majority vote, with one abstention. 
1. The Economic and Social Committee welcomes the Commission's proposal for accept­
ance by the Community of an OECD Decision/Recommendation on the control of transfron­
tier movements of hazardous wastes. 
/ 2. This document recommends the ratification and rapid application of the Treaty signed 
in Basle on 22 March 1989 by some of the OECD Member States (including all the EC 
countries except Ireland, which also intends to sign in due course), as well as by the 
Community. 
3. In the light of the fact that the EC Member States have signed the Treaty, it seems 
logical that the Decision/Recommendation should be approved. And given the contents of 
the Treaty, the Committee advises the Council to adopt the Commission proposal. 
Done at Brussels, 28 February 1990. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE