227,91 Official]ournal of the European Communities ^oC191B17 
Opinion on the proposal foraCouncil Regulation (EEC) concerning export and import of 
certain dangerous chemicals(^) 
(91^C191B07) 
On ^l]anuaryl991the Council decidedto consult the Economic and SocialCommittee, 
under Articlel^OS of thePreatyestabhshmg 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^sworlo on the subject, adopted its Opinion on 
17 Mayl991,Lhe Rapporteur was Air Beltrami, 
At its 287th plenary session (meeting of 29 Aiayl991),the Economic and Social Committee 
unanimously adopted the following Opinion, 
1, Introduction 
1,1, Lhe proposed Regulation is intended to replace 
Regulation (EEC) l^ol7^B88 concerning exports and 
imports of certain dangerous chemicals. 
1,2, In accordance with the preamble to Regulation 
(EEC)^ol7^^88andCouncilResolution88BC170Bol, 
the proposal introduces the principle of Prior Informed 
Consent (PIC) and provides for EC participation in the 
international informationandnotificationprocedures 
bemgdrawn up by the Unitedl^ationsEnvironment 
Programme (U^EP) and the Eood and Agriculture 
Organisation of the United nations (EAO) for the 
shipment to and from third countries of certain chemi 
cals which are banned or subject to severe restrictions 
because of their effects on human health or on the 
environment. 
1,^, Lhe Commission is thus seeding to secure uni 
form Community participation in the establishment of 
the PIC system within the framework of the Inter 
national Register of Potentially Toxic Chemicals 
(IRPTC)BEAO, designed to enable national authorities 
in each country to assess the nsl^ associated with these 
chemicals and mal^eaninformed decision onwhether 
to allow import, 
1,^, The Commission also proposes insertion, in the 
Annex to the preceding Regulation (EEC) l^ol7^B88, 
ofchemicals which have beenbanned or subjected to 
severe restrictions in the Community since that Annex 
was adopted. 
2, General Comments 
2,1, Lhe Committee approves the aims and pnnD 
ciples of the proposal, wiuchta^eupthe suggestions made in Point 2,^,2,^ of the Committee Opinion on the 
fourth environmental action programme(^). 
2,2, The Committee reiterates the importance which 
it attaches to all measuresdesigned to ensure a high 
degree of information and safety in the transport, hand 
ling and use of dangerous chemicals both in the EC and 
outside, bearing in mind the increasing interdependence 
of safety and environmental problems. 
2eL The Committee welcomes the Commissions 
involvement in the worl^ being carried out by the Ul^EP 
andEAO |as the Committee had recommended in its 
earlier Opinions, It urges theCommissionto con 
tinue to play an active part in this worl^ and tal^eona 
leading role to ensure rapid adoption of the PIC scheme 
internationally,drawmg on past experiences. 
2,^, The Committee is pleased to note that the Com 
missionintendstheECprovisionstomcorporatethe 
implementmgarrangements for the PIC scheme con 
tamed in the Ul^EP London Guidelines on the exchange 
of information on chemicals in international trade(as 
amended m!989) and in theEAOlnternationalCode 
of Conduct on the distribution and use of pesticides. 
2Bo, I^he Commission must endeavour to ensure that 
all producer and exporter countries tal^epart in the 
1RPTC and PIC schemes, sothat the schemes canbe 
really effective. Their widespread adoption will also 
help prevent distortions of competition. 
2,D, The Committee is pleased to note that over 80 
countries, including the United States andjapan, have 
already expressed their interest in ta^ingpart in the 
^Ol^DC^^L ^t,DL^ ^Ol^De^0,^7t^7 
^oi^De^^,^^ t^7 
No C 191/18 Official Journal of the 
voluntary PIC scheme. In the Committee's view, EC 
adoption of these procedures is a positive step in the 
international control of dangerous chemicals, and will 
benefit health and the environment in third countries. 
2.7. Again in the interests of efficiency, the Commit­
tee urges the Community and the international organiz­
ations to implement a programme to publicize the new 
procedures in the importing countries, and help the less 
developed nations to sep up appropriate instruments 
enabling them to act swiftly on any information noti­
fied. To help Community businesses implement the 
Regulation, the Committee suggests that the Com­
mission draw up a handbook explaining the procedures. 
2.8. The Committee reiterates its view that develop­
ment aid policy should include an element of infor­
mation, education and training in environmental mat­
ters. Manufacturers should be encouraged to offer 
training and other information procedures to ensure 
the correct use of their products and preparations and 
the safety of those who work with and use them (1). 
2.9. Information and safety would be further 
improved if all dangerous chemicals were labelled in 
accordance with Directive 67/548/EEC, in cases where 
the legislation of third country importers does not 
guarantee inclusion on the label of all the health, safety 
and environmental information required in the EC. The 
Committee was interested to learn that the Commission 
is currently considering whether to amend the proposal 
accordingly. 
2.10. The Committee notes the work on monitoring 
misuse of pesticides which is being done by non-govern-
(!) OJ No C 232, 31. 8. 1987, points 1.3g and 1.5g. 
Done at Brussels, 29 May 1991. European Communities 22. 7. 91 
mental organizations (such as the pesticides action net­
work) operating in developing countries. The Commit­
tee asks the Commission to encourage such work as 
part of its development aid policy. 
3. Specific comments 
3.1. Article 2(7) of the Italian text should be brought 
into line with the original. 
3.2. Article 4(4) should be reworded to read: 
'... whenever the classification or labelling of the 
chemicals and preparations in question changes.' 
3.3. Article 5(2)(i) should be deleted, and Article 
5(2)(ii) reworded as follows: 
'ii) in the case of a substance or preparation banned 
or severely restriced...'. 
This would enable derogations to be made in the case 
of particular uses of the relevant substances and prep­
arations. 
3.4. The following sentence should be inserted at the 
end of Article 5(2): 
'Directives 76/769/EEC and 79/117/EEC shall form 
the legal basis for the ban or severe restriction.' 
3.5. Article 5(3) refers to Annex II. This Annex, 
which is currently blank, is to contain the PIC list. It will 
automatically include the chemicals and preparations 
listed in Annex I. In the interests of clarity, the products 
listed in the two Annexes should be divided into three 
headings covering chemicals for agricultural, industrial 
and consumer use respectively. 
3.6. The title of Annex 1 should specify: '... on the 
basis of Community provisions'. 
The Chairman 
of the Economic and Social Committee 
Francois STAEDELIN