No C 112/42 Official Journal of the European Communities 3. 5. 82 
Opinion on the proposal for a Directive amending for the seventh time Council 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 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 288 of 10 November 1981, page 7. 
A. LEGAL BASIS FOR THE OPINION 
On 5 November 1981 the Council referred the abovementioned proposal to the Economic and 
Social Committee in accordance with Article 100 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 195th 
plenary session held in Brussels on 24 and 25 February 1982. 
The full text of the opinion is as follows: 
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 from the Council of the 
European Communities on 5 November 1981 for an 
opinion on the proposal for a Directive amending for the 
seventh time Council 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, 
Having regard to the decision taken by its Bureau on 
24 November 1981 instructing the Section for Protection 
of the Environment, Public Health and Consumer Affairs 
to prepare an opinion on the matter, 
Having regard to the oral report made by the rapporteur, 
Mr Zoli, 
Having regard to the discussions at its 67th meeting held 
on 2 February 1982, 
Having regard to the discussions at its 195th plenary 
session held on 24 and 25 February 1982 (meeting of 
25 February), 
HAS ADOPTED THE FOLLOWING OPINION 
with no dissenting vote but with one abstention: 
1. The Committee endorses the proposal for a 
Directive, and is especially in favour of the ban on 
dangerous substances for use in toys and novelty and joke 
products. The ban is essential for child health protection 
and should be introduced as a matter of urgency, given 
that these objects do not constitute basic necessities of 
life. 
2. The Committee would also point out that a ban 
issued in individual Member States (under the safeguard clause), not to mention a Commission proposal for a ban, 
can serve as an immediate encouragement to 
manufacturers to dispose of products containing 
dangerous substances in Member States where the 
safeguard clause has not been brought into effect. In view 
of this, the Belgian minister for health has had to order a 
ban. 
The Committee considers it dangerous to allow consumer 
products containing harmful substances to be sold on the 
markets of those countries which are the slowest in 
implementing the safeguard clause. 
Moreover, under Article 100 of the EEC Treaty, the 
Commission is not empowered to take action in every 
instance. The Commission may only intervene when the 
functioning of the common market or an individual 
Member State's freedom to trade are in peril. 
Following the Commission's communication on the 
Cassis de Dijon judgement, and its proposal for mutual 
recognition of authorizations for certain specialized 
pharmaceutical products, the Committee has noted a 
tendency for alignment to be brought about by the 
decisions of a single Member State being given the force of 
Community law. 
The Committee would therefore recommend that the 
Commission consider strengthening Community 
legislation by introducing provisions allowing prompt 
application of the safeguard clause throughout the 
Community, once it is invoked: such a move would 
protect public health by preventing industry from selling 
products containing dangerous substances on other 
markets. Steps should also be taken to include such 
products within the Directive on toxic waste, and to warn 
Member States quickly of the dangers to which the public 
is exposed. 
The Committee would urge the Commission to issue 
proposals on these lines, particularly in view of the fact 
3. 5. 82 Official Journal of the European Communities NoC 112/43 
that the proposal for a Community information system 
on accidents in which products are involved (*) was not 
adopted by the Council. 
3. The Committee supports the Commission's 
proposal on fire retardant substances for textiles, namely 
that tris-(aziridinyl)-phosphinoxide should be banned 
from use in textiles which come into contact with the 
skin. 
Nevertheless it recommends that the Commission 
encourage research into alternative substances which 
would be equally effective as fire retardants for all textiles 
but would be non-toxic. 
The Committee believes that since people often come into 
contact with all types of textile there is a health risk 
involved even for textiles which do not come as much into 
contact with the skin as clothing. 
The Committee considers that in the interests of clarity it 
would be better only to use the chemical name in the 
proposed Directive, and not the initials TEPA 
Done at Brussels, 25 February 1982. 4. The Committee also feels that PBB 
(polybrominated biphenyls) should not be used in textiles 
even under special circumstances, since they are a 
persistant chemical behaving in a similar way to PCBs, 
and cause pollution. 
5. The Committee is aware that in some Member 
States there have been serious accidents caused by other 
dangerous substances not covered by the proposed 
Directive, such as saponins ('Panama powder' and its 
derivatives), powder made from the roots of the 
Helleboris viridis and powders containing benzidines. It 
therefore asks the Commission to examine the situation 
of such substances urgently in a new proposal. 
6. The Committee suggests that point 11 in the 
proposal, referring to ammonium poly sulphide, should 
be amended to read: 
'11. Ammonium polysulphide may not be used in 
novelties, jokes or hoaxes.' 
The Chairman of 
the Economic and Social Committee 
Tomas ROSEINGRAVE 
H QJ No C 252, 24. 10. 1978.