Opinion of the Economic and Social Committee on the 'Amended proposal for a European Parliament and Council Directive concerning the placing of biocidal products on the market`

(96/C 174/10)

On 15 March 1996 the Council consulted the Economic and Social Committee, under Article 100a 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 5 March 1996. The Rapporteur was Mr Gardner, the Co-Rapporteurs: Mr Aspinall and Mr Wilms.

At its 334th Plenary Session (meeting of 27 March 1996), the Economic and Social Committee adopted the following Opinion by a majority vote in favour and one vote against, with two abstentions.

1. Introduction

1.1. Background

This proposal is the result of disagreement between institutions. In its Proposal on Biocides (), the Commission proposes common principles for the evaluation of dossiers in Article 4, and in Article 26 proposes a standard Consultative Committee procedure for this. Normally the Council changes this into a Regulatory Committee so as to retain power in its own hands. Following Maastricht, the European Parliament found leverage to get in on the act and wanted the common principles established by a modification of the original proposal.

1.2. Biocides

Biocides are compounds which have an effect on pests. They cover a very wide range - disinfectants, rat control compounds, wood preservatives, etc., but exclude plant protection products.

1.3. ESC Opinion on the base proposal

The Committee gave an Opinion () which was generally favourable while suggesting a number of improvements. It was content with Articles 4 and 26 and only commented on one of the five detailed appendices.

2. General comments

The Committee has no objection to establishing the common principles by this Proposal of amended Directive on biocides as they have the purpose to secure a high level of protection of human and animal health and environment through harmonized national evaluation of dossiers.

3. Detailed comments

(The numbers refer to the Annex of the Proposal.)

3.1. Point 11

The Committee approves of the requirement that the Member State 'shall cooperate`; 'must cooperate` would be even better so as to ensure there is no undue delay.

3.2. Point 16

The Committee places particular emphasis on this overall risk assessment and emphasizes that this must be done in the light of Article 9(5).

3.3. Point 21

To ensure that industrial workers are covered, the word 'professionals` should be replaced in all versions by 'professional and industrial workers`.

3.4. Point 35

Since 'Animals` are defined as those kept or fed by humans, this point needs to be preceded by a heading: 'Effects on pests or noxious vertebrates`.

Also a definition of 'humane` is needed, otherwise there is a danger that 'humane` is described by the effect on the observer and not the observed animal. 'Humane` in the English language version should be replaced by 'does not cause unnecessary suffering`.

3.5. Point 48

Add at end:

'under normal or reasonably foreseeable conditions of use. Where appropriate Member States may require the use of suitable resistance management methods.`

3.6. Point 51

Add at end of first paragraph:

'when methods exist, providing they are suitable for the purpose.`

This is necessary since some of these standard methods are geared to very specific uses which may not always be appropriate.

Also change 'standard` to 'standard method` since this point deals with the testing methods only.

3.7. Point 55

It would be better to split the present (2) into two parts so that this point reads:

'(2) The biocidal product can be authorised for its proposed use pattern subject to appropriate precautions in use.

(3) The biocidal product can be authorised conditionally subject to provision of extra data within a reasonable time limit.`

Existing (3) becomes (4).

Frequently there is need for temporary authorization in cases where full data can probably be obtained satisfactorily.

3.8. Point 67

See comments under 3.2 above.

3.9. Point 70

Change 'as a last resort` to 'whenever necessary`. For professional users protective equipment should always be available and its use should be encouraged.

3.10. Points 80 and 81

This refers to the existing Directives and needs revising when the successor Directive (COM(94) 612 final) () has been adopted. The Committee particularly refers to its Opinion () and the remarks in that concerning zero tolerances for plant protection products.

Done at Brussels, 27 March 1996.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 239, 3. 9. 1993.

() OJ No C 195, 18. 7. 1994.

() OJ No C 131, 30. 5. 1995.

() OJ No C 82, 19. 3. 1996, p. 64.