No C 263/66 Official  Journal  of the European  Communities 17.11.  75 
3.3. In  this  connection,  the  Committee  also 
considers  it advisable  for the labelling  to mention  the 
date of manufacture  and,  where  appropriate,  a 
reasonable  period  of time  during  which  the pesticide 
can be  used.  Such  information  could  be 
supplemented  by the affixing  of a batch  number  to 
each  package;  this  would  enable  any  defective  batch 
to be located  rapidly  and,  if necessary,  withdrawn 
from  the market. 
3.4. As  it has  already  done  on several  occasions, 
the Committee  insists  upon  the  need  for  all such 
information  to be in the  language  or languages  of 
the Member  State  where  the pesticide  is to be sold, 
its chief  concern  here  being  to safeguard  the health 
of persons  using  highly  dangerous  substances. 
3.5. Furthermore,  the  Committee,  aware  of the 
dangers  of using  pesticides  in the  home,  asks  that provision  be  made  for  adequate  precautions  to 
protect  any  children  into  whose  hands  such  products 
might  fall. 
3.6. As  regards  the exporting  of pesticides  to third 
countries,  the existence  of specific  national  laws  on 
this matter  ought  not  to preclude  the  necessary 
particulars  being  given  in  the  accompanying 
documents;  after  all,  the  prime  aim  is to protect 
public  health  and  disseminate  any  information 
considered  necessary  for the correct  use of pesticides. 
Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of 
the Member  States  relating  to ceramic  articles  intended  to come  into  contact  with  food 
(limitation  of extractable  quantities  of lead  and  cadmium) 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 46 of 27 February  1975,  page  1. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 January  1975,  the  Councils  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 131st  plenary  session, 
held in Brussels  on 25 and  26 June  1975. 
The Opinion  is published  below. 
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  made  by the Council  of 
the European  Communities  on 20 January  1975  for 
an Opinion  on the proposal  for a Council  Directive 
on the  approximation  of the  laws  of the  Member States  relating  to ceramic  articles  intended  to come 
into contact  with  food  (limitation  of extractable 
quantities  of lead  and  cadmium); 
Having  regard  to the decision  taken  by its Bureau  of 
the Economic  and  Social  Committee  on 28 January 
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; 
17.11.  75 Official  Journal  of the  European  Communities No C 263/67 
Having  regard  to the supplementary  Opinion  of the 
Section  for Industry,  Commerce,  Crafts  and Services; 
Having  regard  to the  Opinion  adopted  by  the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  on 10 June  1975,  and 
the report  prepared  by the Rapporteur,  Mrs  Evans; 
Having  regard  to the discussions  at its 131st  plenary 
session  held  on 25 and  26 June  1975,  sitting  of 25 
June,  . 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously,  less  one  abstention: 
The Economic  and  Social  Committee  approves  the 
proposal,  subject  to the following  comments. 
1. General  comments 
1.1. The  Committee  approves  the  solution 
advocated  by  the  Commission,  namely  'total' 
harmonization,  which  has  been  repeatedly 
recommended  by the  Committee.  Given  the  health 
hazards  caused  by the  use  of more  than  a certain 
quantity  of lead  and  cadmium  in the manufacture  of 
ceramic  articles,  the  Committee  welcomes  the  fact 
that the  Commission  has  selected  this  field  for the 
initial  application  of  the  outline  Directive  on 
materials  and  articles  intended  to come  into  contact 
with food. 
1.2. It  was  at the  request  of the  Committee  that 
the Council  included  this  issue  in the  general 
programme  for the elimination  of technical  barriers 
to trade  and  instructed  the Commission  to study  the 
question  of harmonizing  national  laws  as regards  the 
limits  for the  migration  of lead  and  cadmium  into 
foodstuffs  and  the  methods  of  checking  and 
analyzing  ceramic  articles.  The  summary  of current 
laws  and  regulations  in the Member  States  reveals  a 
great  divergency,  which  creates  an  undesirable 
situation  not  only  from  the  point  of view  of 
consumer  protection  but  also  for  intra-Community 
trade. 
1.3. The  Committee  is aware  that  there  are 
definite  physico-chemical  reasons  why  the great  bulk 
of the ceramic  articles  falling  within  the scope  of the 
draft  Directive  cannot  be  manufactured  without 
using  certain  amounts  of lead  and/or  cadmium. 
Numerous  characteristics  of ceramics  which  have  a direct  bearing  on suitability  for  use  and  hygienic 
properties  are influenced  by the lead  content. 
1.4. What  is more,  the Committee  recognizes  that 
in this  area  there  is no sharp  distinction  between 
toxic  and  non-toxic  elements.  Every  element,  be it 
cadmium,  lead,  sodium  or potassium  is toxic  when  a 
certain  dosage  is exceeded,  although  ho  adverse 
affects  will  be apparent  if a given  limit  is not 
surpassed.  Of course,  the  limits  above  which  an 
element  becomes  toxic  vary  to a very  large  extent 
from  one element  to another. 
1.5. However,  the  Committee  approves  the  limit 
values  proposed  by. the Commission,  since  the  still 
imperfect  knowledge  of the  health  hazards  which 
arise  from  the use of lead  and  cadmium  must  not be 
allowed  to preclude  a reduction  of current  limit 
values.  The  Committee  would  point  out  that  the 
protracted  use  of products  releasing  relatively  small 
quantities  of lead  or cadmium  leads  to cases  of 
insidious  poisoning  which  are  sometimes  not 
diagnosed  correctly  for a long  time.  The  number  of 
cases  recorded  in scientific  literature  appears  in itself 
to justify  the  measures  recommended  by  the 
Commission. 
1.6. The  Committee  also  draws  attention  to the 
advisability  of introducing  further  Directives  which 
would  apply  to articles  other  than  ceramic  articles, 
such  as decorated  glassware  and  containers  made  of 
enamelled  metals.  It urges  the Commission  to press 
ahead  with  this  matter  and  to incorporate  the results 
in concrete  proposals. 
1.7. At  all events  the  Committee  believes  that  it 
would  be possible  to reduce  the migration  of toxic 
metals  into  food  by following  the example  set by 
certain  Member  States  and  tightening  up  on 
production  inter  alia  by  improving  production 
controls  and  techniques  and  giving  more  attention  to 
the selection  of raw  materials.  The  Committee  would 
also draw  the  attention  of the  Commission  to the 
question  of the extent  to which  the articles  covered 
by the  Directive  withstand  use  (in,  for  example, 
dishwashers). 
2. The  field  of application 
2.1. As  regards  the  field  of application  of the 
Directive  the Committee  notes  that  the Commission 
has given  a definition  which  is both  positive  and 
negative,  since  it specifies  which  articles  are covered 
whilst  adding  that  the Directive  also  applies  to any 
articles  which  could  be used  for  the  purposes  in 
question  and  which  do not  bear  a clear  indication 
that they  are not to be used  for such  purposes. 
No C 263/68 Official  Journal  of the  European  Communities 17.11.  75 
2.2. These  provisions  are  acceptable  from  the 
point  of view  of protecting  public  health;  however, 
in view  of the  fact  that  the  proposal  makes  no 
reference  to the  type  of marking,  and  in order  to 
take into  account  the  production  requirements  of 
ceramic  articles  which  are  unsuitable  as containers 
for foodstuffs,  the Committee  considers  that  negative 
marking  should  be prescribed  for ceramic  articles  of 
an artistic  or ornamental  nature  which  have  the same 
shape  as corresponding  household  articles  and  could 
therefore  come  into  contact  with  food  if used 
incorrectly. 
2.3. The  Committee  is also  concerned  at the lack 
of adequate  information  as regards  the way  in which 
the production  of ceramic  articles  in craft  workshops 
or, for  example,  youth  centres  is to be controlled. 
The Committee  asks  that  the  provisions  of the 
proposal  for a Directive  be supplemented  at national 
level  by specific  provisions  enabling  real  checks  to be 
carried  out on these  articles  which,  by virtue  of their 
manner  of distribution,  may  not  pass  through  the 
traditional  marketing  channels. 
3. The  principle  of limit  values 
3.1. The  Committee  approves  the classification  of 
articles  into: 
(a) flatware,  where  the limits  are expressed  in terms 
of weight  per unit  surface  area  (mg/dm2); 
(b) hollow  ware,  where  the  limits  are  expressed  in 
terms  of weight  per unit  volume  (mg/1). 
3.2. This  classification  is necessary  because  very 
flat — in the extreme  case,  completely  flat  — articles 
have  a large  surface  area  and  a very  small,  or even 
non-existent,  volume  — which  means  that  lead  and 
cadmium  release  can  be precisely  expressed  only  in 
relation  to surface  area.  On  the  other  hand  the 
volume  of hollow  ware  (such  as bulbous  jugs)  can  be 
measured  accurately,  but in this  case  internal  surface 
area cannot  be precisely  determined  by conventional 
methods  and  the only  way  of obtaining  meaningful, 
reproducible  results  is to relate  the quantities  of lead 
released  to the volume  of the vessel. 
3.3. The  Committee  also  approves  the  principle 
whereby  every  article  will  have  to comply  with  the 
limit  value  for the category  within  which  the article 
falls.  The  Committee  recognizes  the merits  of such  a 
provision  from  the point  of view  of achieving  a high 
level  of consumer  protection  since,  in order  to 
comply  with  the stipulation  of the Directive  that  no 
article  is to exceed  the  limit  value  of 1 mg/dm2, 
production  will  have  to be geared  to an average  limit 
value  of  approximately  0-5  mg/dm2.  This 
requirement  could  be  particularly  onerous  and consequently  could  have  adverse  effects  on the 
production  of ceramic  articles,  especially  in the case 
of small-  and  medium-sized  firms  and  craft 
workshops. 
3.4. Restructuring  of  the  abovementioned 
undertakings  will  be  necessary.  The  Committee 
therefore  feels  that  it would  be appropriate,  within 
the framework  of an  appraisal  of the  sectoral 
policies  to make  provision  for aid to be granted  to 
them,  and  for  a transitional,  period  during  which 
they would  be able  to adapt  their  manufacturing 
processes  to conform  with  the  provisions  of the 
Directive. 
3.5. The  Committee  would  nonetheless  point  out 
that the  proposed  limit  values  represent  an average 
of the  limit  values  which  have  been  set  or are 
proposed  in the  majority  of the  Member  States. 
Furthermore,  in some  countries  limit  values  have 
been  determined  on  the  basis  of  the  weekly 
permitted  levels  of 3 ppm  for lead  and  0-5  ppm  for 
cadmium  recommended  by the FAO/WHO  in 1972. 
In view  of these  facts  the Committee  insists  that  the 
figures  proposed  by  the  Commission  should  be 
retained. 
3.6. The  Committee  notes  that  a considerable 
proportion  of infants  use normal  tableware  and  not 
tableware  'specially  designed  for  very  young 
children'  and  that  the  limits  laid  down  for  normal 
tableware  take  account  of the  fact  that  children 
might  use  it. The  Committee,  agrees,  however,  that 
cooking  ware  and  plates  specially  designed  for very 
young  children  should  have  lower  limit  values 
because  of the  special  conditions  under  which  they 
are used. 
It feels  that  these  proposals  are judicious  in the light 
of the current  state  of scientific  knowledge  and  that, 
at all events,  they  merit  very  close  attention. 
4. Consumer  information 
4.1. The  draft  Directive  stipulates  that  certain 
particulars  must  be indicated  either  in the  form  of 
marking,  which  would  presumably  be indelible  and 
permanent,  or on  labelling,  which  by  definition 
would  be temporary  and  easily  removed. 
4.2. The  Committee  considers  that  technical 
simplification  of the rules  on mandatory  information 
must  not  be achieved  at the  expense  of consumer 
information. 
4.3. As  regards  the  various  product  categories, 
how and  by what  criteria  will  cooking  ware  be 
distinguished  from  articles  having  the  same 
appearance  and  capable  of use  for  the  same 
purposes?  The  Committee  emphasizes  that  the 
17.11.  75 Official  Journal  of the  European  Communities No C 263/69 
absence  of an obligation  to mark  tableware  and 
kitchen  ware  must  not be allowed  to result  in misuse 
of these  articles  by consumers.  And  marking  should 
not be considered  as in itself  providing  consumer 
protection  — the  crucial  point  is that  compliance 
with  the proposed  stipulations  should  be checked  at 
the manufacturing  stage.  Special  markings  could, 
therefore,  be dispensed  with  if the  products  in 
question  satisfy  the  new  provisions.  As packaging 
made  of ceramic  material  is very  little  used,  the 
'packaging'  category  should  be dropped  or the term 
'storage  vessel'  should  be prescribed. 
4.4. The  Committee  believes  that  it would  be 
asking  too  much  to expect  consumers  to know  the 
differences  between  the  various  types  of marking 
proposed  in the directives,  and  it insists  that  objects 
which  by  their  form  are  obviously  suitable  for 
contact  with  food  should  be safe  to use  for  this 
purpose,  unless  they  are  clearly  marked  to  the 
contrary. 
4.5. The  Committee  is aware  that  effective 
consumer  protection  in this  field  poses  serious 
problems.  It urges  that  a major  campaign  be 
mounted  at all levels  to familiarize  consumers  with 
the meaning  and  implications  of the  particulars 
which  are to appear  on ceramic  articles. 
5. Method  of analysis 
5.1. The  Committe  considers  that,  in the  present 
state  of scientific  knowledge,  the  reference  method proposed  by the  Commission  guarantees  that  the 
desirable  levels  of reliability  and  accuracy  will  be 
achieved. 
5.2. It  would,  however,  point  out  that  other 
methods,  such  as differential  pulse  polarography, 
have  similar  advantages  plus  greater  sensitivity. 
5.3. It  is desirable  to gain  a greater  insight  into 
the correlations  between  (a) the  quantities  of lead 
and cadmium  extracted  by the  solvent  used  in the 
tests and  (b) the quantities  extracted  by foods  and  by 
certain  detergents  used  for  cleaning  crockery  in 
dishwashers.  The  Committee  asks  the Commission  to 
carry  out a careful  examination  of these  correlations 
since  the studies  which  have  already  been  initiated 
have  produced  substantially  different  results.  A 
higher  level  of knowledge  in this  field  might  lead  to 
a revision  of the  limit  values  and  the  methods  of 
testing  and  analysis. 
5.4. The  Committee  also  thinks  that 
representatives  of interested  socio-economic  circles 
should  be involved  in an appropriate  manner  in 
preparatory  work  on  adapting  the  Directive  to 
technical  progress. 
Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the development  of the social  situation  in the Community  in 1974 
The text  referred  to the Committee  has not been  published  in the Official  Journal  of the 
European  Communities. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 9 April  1975,  the Commission  referred  the abovementioned  subject  to the Economic 
and Social  Committee  under  Article  198  of the  Treaty  establishing  the  European 
Economic  Community.