24. 3. 80 Official  Journal  of the European  Communities No C 72/1 
II 
(Preparatory  Acts) 
ECONOMIC  AND  SOCIAL  COMMITTEE 
Opinion  on the proposal  for a Council  Decision  concerning  chlorofluorocarbons 
in the environment 
The text  referred  to the Committee  has been  published  in Official  Journal  of the 
European  Communities  No C 136  of 31 May  1979  page  7. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 29 May  1979  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198 of the Treaty  establishing  the Eu-
ropean  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and Social  Committee  prepared  its opinion  on the above  matter  at its 
173rd  plenary  session  held  in Brussels  on 21 November  1979. 
The full text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the Euro-
pean  Economic  Treaty  and,  in particular,  Article  198 
thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 29 May  1979  for an 
opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
21 May  1979,  in anticipation  of the above  request,  in-
structing  the Section  for Protection  of the Environ-
ment,  Public  Health  and  Consumer  Affairs  to pre-
pare an opinion  and  a report  on the matter, 
Having  regard  to the opinion  issued  by the Section 
for Protection  of the Environment,  Public  Health 
and Consumer  Affairs  on 30 October  1979, 
Having  regard  to the report  submitted  by the Rap-
porteur,  Mr Hatry, 
Having  regard  to the discussions  at the 173rd  Plenary 
Session  on 21 November  1979, HAS  ISSUED  THE  FOLLOWING  OPINION, 
with four  votes  against  and  nine  abstentions: 
1. General  comments 
1.1. The  Committee  welcomes  the Commission's 
decision  to seek  its views,  since  it represents  the inter-
ests of workers,  employers,  consumers  and the scien-
tific world,  particulary  as it is not obligatory  under 
Article  235 of the EEC  Treaty  to consult  the Commit-
tee, as opposed  to the European  Parliament. 
1.2. The  Committee  is also  pleased  to note  (a) that 
the Commission's  proposals  to the Council  show 
continuity  and do not include  abrupt  measures  which 
could  be very  detrimental  to both  consumers  and the 
economic  and social  groups  concerned,  and (b) that 
the Commission  is proceeding  neither  too rapidly 
nor too slowly,  given  the need  for a long-term  ap-
proach.  With  this measure,  the Commission  has re-
sponded  to the wishes  of those  who  felt in 1978  that 
the recommendation  of 30 May  1978  was too weak; 
No C 72/2 Official  Journal  of the European  Communities 24. 3. 80 
this shows  that the Commission  could  be trusted  to 
follow  up its action  within  the general  framework  of 
the environmental  protection  programmes. 
1.3. The  Committee  is interested  to note  that  the 
Commission's  initiative  comes  in good  time  to deal 
with the possible  dangers,  whereas  in other  environ-
mental  areas,  national  and international  authorities 
have  tended,  through  lack  of foresight,  to intervene 
after  the damage  to be prevented  was  already  mani-
festing  itself.  It is fair to recognize  that the Commis-
sion's  gradual  approach  has been  favoured  by the 
fact that the effects  of chlorofluorocarbons  (CFC's) 
on the ozone  layer  develop  very  slowly.  This  gradual 
approach  also  averts  the adverse  socio-economic  ef-
fects  on employment  and  industrial  activity  which 
abrupt  action  would  have. 
1.4. The  Committee  notes  that  a Decision,  being 
binding  on the Member  States,  is an effective  method 
of dealing  with  this problem,  since  CFC's  are manu-
factured  in the Community  by only  nine  firms  oper-
ating  10 plants  in five  of the Member  States. 
A decision  is also appropriate  for the duration  of the 
measure  in question,  which  is to be applicable  for ap-
proximately  two  years  before  the position  is re-
viewed,  whereas  a Regulation  or Directive  could  not 
be implemented  as quickly  as is necessary  in this in-
stance. 
1.5. The  Committee  would  also  draw  attention  to 
the considerable  uncertainty  which  still exists  about 
the scientific  aspects. 
While  some  aspects  of the theory  concerning  the ac-
tion of CFC's  have  been  verified,  such  as the fact that 
some  types  of radiation  cause  them  to decompose, 
the effect  on the ozone  layer  of the chlorine  atoms 
thus released  has not yet been  confirmed. 
Under  these  circumstances,  the Committee  approves 
the continuation  of scientific  and technical  research 
and the collection  by the Commission,  at Community 
level,  of the results  of model  and chemical  laboratory 
tests and in situ  and ground  measurements  carried 
out both  locally  and globally. 
Account  must  also  be taken  of the possible  interfer-
ence of other  natural  or artificial  pollutants,  such  as 
CO2 and N2O,  through  their  effects  on the ozone 
layer,  particularly  as these  effects  may  either  cancel 
each other  out or be cumulative. 
1.6. The  Committee  notes  that  the measures  pro-
posed  by the Commission  as regards  the uses  of 
CFC's  concern  the application  with  the most  dispers-
ing effect,  namely  aerosols.  This  application  also  ac-
counts  for the highest  proportion  of those  chemical 
compounds  which  are  assumed  to be the  most 
hazardous  for the ozone  layer  — F-11  and F-12.  Fur-
thermore  this is an area  in which  the EEC  plays  by far 
the most  important  role  of all industrialized  coun-
tries. The Committee  therefore  recommends  that the 30 % 
reduction  in the use of CFC's  should  primarily  cover 
F-11 and F-12,  in order  to ensure  that the proposed 
measure  is effective  as regards  these  two products.  In 
addition,  the action  taken  should  not lead  to the sub-
stitution  of one CFC  for another. 
It is, in fact,  debatable  whether  the proposed  ban on 
increased  production  capacity  should  be general  or 
should  only  apply  to F-l 1 and F-12.  These  are com-
pletely  halogenated  CFC's,  and they  are very  stable 
and have  a long  atmospheric  life.  In this group  only 
F-l 13 and F-l 14 have  comparable  properties,  but 
these  two compounds  are used  very  little  in those  ap-
plications  with  the most  dispersing  effect. 
1.7. The  Committee  would  point  out that  the pro-
posed  action,  which  is essentially  preventive  in char-
acter,  is designed  to protect  the whole  of mankind 
against  certain  grave,  albeit  conjectural  risks.  Thus, 
the man-in-the-street,  also  as a consumer,  will gener-
ally speaking,  benefit  from  the proposal. 
The Committee  hopes  that aerosol  users  will not be 
unduly  inconvenienced  by the measures  adopted  by 
the Member  States  in implementing  the Decision.  It 
observes  that aerosols  are now  widely  used  because 
consumers  regard  them  as preferable  to other  meth-
ods of application. 
The Committee  notes  that other  methods  of applica-
tion have  disadvantages  in comparison  with  present 
aerosols.  Mechanical  methods  of atomization  do not 
necessarily  suit all products  and do not give  a fine 
enough  spray  for some  cosmetic  applications.  Some 
solvents  which  might  partially  replace  CFC's  are 
either  in flammable  (liquefied  petroleum  gas),  or 
have  an odour  which  makes  them  unsuitable  for mix-
ing with  the products  in question,  or are subject  to 
widely  differing  taxes  in the various  countries  (e. g. 
alcohols).  A lot of work  still needs  to be done  on N2O 
and CO2,  ethers  and new  non-aggressive  CFC's. 
In considering  the use of other  propulsion  techniques 
or propellants  we must  not forget  that it has not yet 
been possible  to produce  valves  as good  as those  in 
use for current  propulsion  techniques  and  propel-
lants. 
The Committee  notes  that the natoosed  measures  re-
late essentially  to aerosols  and #g#es  that the alterna-
tive techniques  will not result  in aerosols  which  — in 
contrast  to the present  ones  — are dangerous  for con-
sumers  because  of the inflammability  and toxicity  of 
the products  issued. 
The Committee  would  point  out that it is not possible 
to segregate  the various  areas  — medical,  industrial, 
household  or personal  — in which  aerosols  are used 
with a view  to replacing  CFC's  by a new  propellant 
in some  applications.  It is also  not possible,  when 
taking  practical  measures  for a two-year  period,  to 
say that aerosols  — CFC's  — are essential  for one ap-
plication  but not for another.  This  matter  should  be 
24. 3. BO Official  Journal  of the European  Communities No C 72/3 
studied  carefully  during  the period  covered  by the 
Decision,  with  a view  to working  out concrete  solu-
tions. 
Since  the proposed  Decision  is not aimed  at aerosols 
per se but only  at the use of CFC's  in aerosols,  the 
Committee  feels  it would  be impossible  to use adver-
tising  techniques  or the media  to reach  consumers, 
since  these  methods  would  have  too radical  an im-
pact in that  those  aerosols  which  do not use CFC's 
would  also  be affected.  The  results  would  also  proba-
bly be permanent,  whereas  the measure  in question  is 
a transitional  one  covering  only  two  years. 
Warnings  on aerosols  would  also  have  even  less psy-
chological  effect  on the individual  consumer  than  the 
warnings  on cigarette  packets  are supposed  to have 
for the user  of an aerosol  is not directly  affected  by 
the product  he uses,  though  he could  very  well  suffer 
from  the use of substitute  products. 
Nevertheless,  the question  of consumer  information 
should  be studied  carefully  by the  responsible 
authorities. 
1.8. The  Committee  notes  that  the proposal  is de-
signed  to encourage  manufacturers  to develop  substi-
tutes  that  are satisfactory  in terms  of quality  and 
price. 
It further  notes  that,  since  the proposal  is relatively 
limited,  it should  not bring  about  any plant  closures 
or radical  conversions  involving  the loss  of jobs  or 
transfer  of industrial  activities  outside  the Communi-
ty, in the coming  two-year  period. 
However,  the  switch  to inflammable  gases  could 
cause  plant  safety  problems  which  would  be expen-
sive and difficult  to solve,  given  the urban  location  of 
some  plants. 
The Committee  hopes  that  the appraisal  of the situa-
tion in 1982  will include  an analysis  of the economic 
and social  effects  of using  substitutes,  from  the point 
of view  of employment  in the various  sectors  con-
cerned,  the location  of businesses  and the special  sa-
fety precautions  which  have  had  or will  have  to be 
adopted  in the plants. 
1.9. The  Committee  would  urge  the Commission 
and the Council  to examine  carefully  all the reports 
that have  appeared  since  the publication  of the pro-
posal  and  draw  the necessary  conclusions. 
2. Specific  comments  on the Articles  of the  pro-
posal 
2.1. General  substance  and  Article  1 
The Committee  is pleased  to note,  taking  into  ac-
count  the general  nature  of the proposed  Decision, 
that the measure  as a whole  and Article  1 in particu-
lar have  binding  force,  whereas  the previous  provi-
sions  were  only  recommendations.  But  it wonders 
whether  it would  not be possible  to limit  the obliga-tion not to increase  production  capacity  to F-l 1 and 
F-12  in order  to make  the measure  more  effective. 
The Committee  thinks  that  Article  2 provides  an 
answer  to the question  whether  actual  production 
could  be limited  rather  than  capacity. 
2.2. Article  2 
The Committee  has the following  comments  to make 
on this  Article: 
— 1976  would  appear  to be an appropriate  reference 
year:  previous  years  are unreliable  for practical 
purposes,  but 1976,  unlike  1977,  was  a typical 
year,  as were  1972—1974; 
— The  Member  States  themselves  are free  to take  the 
necessary  measures  within  the framework  of this 
unanimous  Decision,  which  is, however,  transi-
tional  and  of limited  duration.  This  will  enable 
each Member  State  to gear  the instruments  to its 
own particular  situation  and its own  legal,  institu-
tional,  social  and  economic  resources; 
— The  harmonization  of measures  among  the Nine, 
at a time  when  some  Member  States  were  not 
planning  any  action  at all, is one of the positive 
results  of the Commission  proposal; 
— It is apparent  from  the Commission's  explana-
tions  that  by the term  'use'  is meant  the domestic 
marketing  of the products  in question,  which  is in 
line with  the aim  of the Decision,  since  produc-
tion is already  covered  by Article  1 and interna-
tional  trade  will  be regulated  by other  effective 
measures; 
— On this  last point,  the Committee  notes  that  the 
EFTA  countries  have  as much  interest  as the 
Community  in protecting  the environment;  some 
countries,  such  as Sweden  (in 1979),  Norway  (for 
1981)  and  the United  States,  acting  in different 
circumstances,  have  already  taken  steps  to ban 
some  applications;  besides  the Community  coun-
tries,  Australia,  Canada,  Norway,  Sweden,  Swit-
zerland,  the United  States  and  Yugoslavia  were 
present  at the Conference  on Chlorofluorome-
thanes  held  in Munich  in 1978. 
The Committee  therefore  feels  it is unlikely  that  dif-
ferences  in Regulations  will  give  rise to competition 
between  industrialized  countries,  in particular 
through  the construction  of new  plants,  which  would 
have  to be built  within  the two-year  period  of validity 
of the Decision  with  no regard  for the considerable 
uncertainty  over  future  measures  which  is likely  to 
subsist  for some  time. 
The Committee  considered  whether  the ban  on the 
use of CFC's  in aerosols  in certain  countries  might 
not prompt  industry  in those  countries  to look  for 
substitutes;  it notes  that  the countries  in question  are 
of very  marginal  importance  compared  with  the 
Community  and  that,  because  of the international 
No C 72/4 Official  Journal  of the European  Communities 24. 3. 80 
nature  of the aerosol  industry,  any advances  made 
will almost  certainly  be on an international  scale. 
Furthermore,  bearing  in mind  the structural  differ-
ences  between  Community  and  US  industry,  the 
Community  is well  and truly  taking  the lead  in pre-
senting  this proposal. 
The Committee  also notes,  in the light  of the explana-
tions  provided  by the Commission  representatives, 
that the reduction  of 30 % provided  for in Article  2 
could  apply  to various  aspects  of the marketing  of 
CFC's,  including  their  production,  (primarily  of F-l 1 
and F-l2),  their  use in aerosols,  or perhaps  their  im-
port along  the lines  of the regulations  adopted  by the 
United  States,  for example. 
The Committee  wondered  about  the possibility  of re-
ducing  the use of CFC's  by more  than  30%,  but 
thinks  that  it is better  to start  with  a practicable  re-
duction  than  with  a more  ambitious  goal  which 
would  be in danger  of running  up against  opposition 
from  the Member  States  or meeting  with  industrial, 
technical  or social  difficulties. 
2.3. Article  3 
The Committee  notes  that the Comission's  aim in this 
Article  is to prevent  the Decision  from  giving  rise to 
new obstacles  to competition  and the free  movement 
of goods,  this aim  is to be achieved  by immediate 
consultation  between  the Commission  and the Mem-
ber States  following  the adoption  of the Decision  by 
the Council  of Ministers. 
The Commission  will  ensure  that  the legal  instru-
ments,  which  may  vary  from  one Member  State  to 
another,  are as effective  as possible  in terms  of the 
administrative,  economic,  legal  and social  systems  of 
each country. 2.4 Article  4 
The Committee  notes  that the information  to be pro-
vided  will make  it possible  to maintain  competition 
on the market  for the products  in question.  The Com-
mission  and the Member  States  will have  the quanti-
tative  data  provided  by the companies  concerned 
checked  by independent  experts. 
The Committee  feels  that in view  of the seasonal  na-
ture of many  of the finished  products  concerned, 
four six-monthly  reports  would  be more  appropriate 
than quarterly  reports. 
The Committee  also  recommends  close  cooperation 
between  the Commission,  Member  States,  producers 
and consumers  in reviewing  the action  undertaken, 
not only  after  expiry  of the period  covered,  but also 
during  that period.  In order  to observe  the necessary 
discretion  the individual  data  will  have  to be com-
bined  into  aggregate  figures,  since  only  a very  few 
producers  are involved  and  some  Member  States 
only have  one plant.  This  would  ensure  the effective-
ness of the Community's  overall  action  and  avoid 
compromising  its status  as a single  customs  territo-
ry. 
2.5. Article  5 
The Committee  is pleased  to note  that,  under  Article 
5, the Commission  is to be provided  in 1982  with  the 
results  of any scientific  studies  relating  to the ozone 
theory  and the practical  implications  thereof.  As a re-
sult, the Commission  will  be able,  with  full know-
ledge  of the facts,  to adopt  final  guidelines  (with  or 
without  new measures)  for regulating  or, if necessary, 
banning  CFC's. 
Done  at Brussels,  21 November  1979. 
The Chairman 
of the Economic  and Social  Committee 
Raffaele  VANNI 
24. 3. 80 Official  Journal  of the European  Communities No C 72/5 
APPENDIX 
to the opinion  of the Economic  and Social  Committee 
The following  amendment  was  rejected  during  the discussions: 
Replace  the text  of the opinion  with  the following,  after  the last 'Having  regard  to.. 
'Whereas  the Munich  Conference  of December  1978,  in which  the nine  Member  States  partici-
pated,  reiterated  that  the problem  of the effects  of chlorofluorocarbons  on the ozone  layer  and 
the effects  of ultraviolet  radiation  on health  cannot  be ignored; 
Whereas  the Munich  Conference  unanimously  recommended  a substantial  reduction  in CFC 
emission  and as much  international  alignment  of measures  as possible; 
Whereas  at its meeting  of 18 and 19 December  1978,  the Council  urged  the Commission  to sub-
mit practical  proposals  as soon  as possible,  taking  into  account  the results  of the Munich  Confe-
rence; 
HAS  ISSUED  THE  FOLLOWING  OPINION: 
The Committee  urges  the Commission  to amend  substantially,  on the basis  of Article  149 of the 
Treaty,  its proposal  for a Decision. 
The present  proposal  does  not guarantee  an effective  reduction  in CFC  emission,  because: 
— it is aimed  at stabilizing  CFC  production  capacity  rather  than  the overall  use of CFC's; 
— difficult  and costly  monitoring  procedures  are needed  to supervise  its implementation  in all 
the Member  States. 
Moreover,  the Commission's  proposal  does  not go far enough  towards  achieving  'as much  inter-
national  alignment  of measures  as possible',  since  it only  provides  for a general  30 % reduction 
in the use of CFC's,  whereas  other  participants  at the Munich  Conference  — such  as the USA, 
Sweden  and  Norway  — have  already  banned  the use of aerosols  containing  CFC's. 
The new  Commission  proposals  should  therefore  be based  largely  on the banning  of CFC's  in 
certain  aerosols,  bearing  in mind  that  these  products  account  for over  70 % of the most  hazar-
dous  free  CFC's  and  it would  not inconvenience  consumers  to give  them  up'. 
Reasons 
The reasons  are stated  in the preamble. 
Result  of vote 
for : 17, against  : 52, abstentions  : 16.