Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (Short Chain Chlorinated Paraffins)"

(2001/C 116/05)

On 20 July 2000 the Council decided to consult the Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 November 2000. The rapporteur was Mr Green.

At its 377th plenary session on 29 and 30 November 2000 (meeting of 29 November), the Economic and Social Committee adopted the following opinion by 102 votes in favour with one abstention.

1. Introduction

1.1. This proposal from the Commission on the Marketing & Use of Short Chain Chlorinated Paraffins (SCCP) concerns the protection of the aquatic environment. Its motivation is to provide environmental protection by prohibiting the use of short chain chlorinated paraffins in the highly emissive uses of metal working fluids and leather treatment chemicals, as determined in Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances(1).

1.2. The proposal also underlines the importance of harmonisation in the Internal Market. Since some Member States have already enacted restrictions of marketing and use of short chain chlorinated paraffins, there is a compelling need for co-ordinated common action to create EU legislation which will ensure harmonisation which will also apply to candidate countries. The Commission proposes to introduce harmonisation measures in the framework of Directive 76/769 on restrictions of the marketing and use of certain dangerous substances and preparations. The 20th amendment of that Directive will ban SCCP in two areas of application, metal working and leather finishing. Risk reduction measures in other applications of SCCP such as plasticiser in paints, coating and sealants, and as flame retardants in rubber, plastics and textiles, should be reconsidered within 3 years of adoption of this Directive, in the light of the review of scientific knowledge and technical progress.

1.3. The proposal is a further amendment to the existing Directive on the Marketing and Use of Dangerous Substances, with its text supplemented by technical annexes.

2. Background

2.1. Short Chain Chlorinated Paraffins are chemicals manufactured by the chlorination of straight chain paraffins of chain length C10 to C13. In EU they relate to the group of C10-C13 normal alkanes, chlorinated to between 49 % and 70 % chlorine content. These are referred to by the CAS number 85534-34-8 and the EINECS number 287-476-5.

2.2. Short Chain Chlorinated Paraffins were included in the first priority list (Commission Regulation 1179/94) under the EU existing Substance Regulation 793/93 for the Risk Assessment process. This was completed in 1999(2).

2.3. For the environment the risk assessment concluded that a risk to aquatic organisms exists arising from the local emission of short chain length chlorinated paraffins from metal working applications and leather finishing and from the formulation of products for these uses. This conclusion also applies to secondary poisoning arising from formulation and use in leather finishing, and use in metal working applications. There is a need for limiting the risks, and risk reduction measures which are already being applied shall be taken into account.

2.4. The conclusion of the risk assessment on the Health Risk to workers and to consumers was that there is at present no need for further information and/or testing or for risk reduction measures beyond those which are being applied already.

2.5. During the early 1990s, the Paris Commission for the Marine Environment (PARCOM) expressed a concern regarding emissions of Short Chain Chlorinated Paraffins to the marine environment.

2.6. At that time the European SCCP producer industry offered a voluntary agreement in order to restrict supply of Short Chain Chlorinated Paraffins as far as the metal working fluid application was concerned and to encourage industry to use products which were less damaging to the aquatic environment. Thus lessening the impact on the marine environment.

2.7. This voluntary agreement was not accepted by the Commission. One of the reasons for this was that imports were not included in the scheme. The process culminated in the PARCOM Decision 95/1 requiring to discontinue the use of SCCP by 31 December 1999 with two exceptions: (1) for plasticisers in dam sealants and (2) for flame retardants for underground mining conveyor belting, where use was allowed until 31 December 2004. Not all Member States accepted the PARCOM Decision.

2.8. The industry's voluntary agreement was also proposed during the discussion on risk reduction measures as part of the EU existing substance risk assessment process on SCCPs. It was not accepted by the European Commission.

2.9. In spite of the unwillingness of the authorities to accept a voluntary agreement to reduce the risks of SCCPs to the aquatic environment through their use in metal working fluids, the European producers have replaced SCCP especially in the area of metal working fluid by other additives with the result that sales of SCCP in the EU decreased from 13000 tonnes in 1994 to 4000 tonnes in 1998. Further reductions are anticipated(3).

3. The Commission proposal

3.1. Following the existing substances risk assessment of SCCPs and a review of possible risk reduction measures, the European Commission has proposed a ban on SCCPs as substances and as constituents of preparations for the processing of metal, and for fat liquoring of leather. Before 1 January 2003, the provisions on SCCP will be reviewed by the European Commission in the light of any relevant new scientific knowledge and technical progress.

4. General comments

4.1. The Committee supports in principle the Commission proposal.

4.2. The proposal for a prohibition of sales of SCCP for use in metal working fluids will have limited impact both on the producer industry, and the user industry. A search for possible processes where SCCP use was essential, carried out by the European Commission Limitations Working Group in 1999, did not indicate a requirement for derogations for continued use of SCCPs, and the overall effect of the restriction will therefore be minimal. It follows the activity started by the producers some years ago in the framework of "Responsible Care"©, as an answer to concerns about the environmental effects caused by SCCP.

4.3. Restrictions on leather fat liquoring will also have a very limited effect on suppliers of SCCPs. Sales of these in Europe have declined substantially and in 1998 amounted to less than 100 tonnes.

4.4. SCCP producers and the users of these substances in metal working and leather treatment have accepted the outcome of the risk assessment, and feel that the impact on business will be minimal.

4.5. The conclusion of the risk assessment on the Health Risk to workers was that there is at present no need for risk reduction measures beyond those which are being applied already, through the application of Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work, and Council Directive 98/24/EC on the protection of the health and safety of workers from the risk related to chemical agents at work.

4.6. The Directive 76/769/EC on Marketing and Use of Certain Dangerous substances and preparations has now been modified many times, and has become difficult to use. The Commission should therefore urgently recast and update the whole base Directive.

5. Consistency with PARCOM Decision 95/1

5.1. European Chlorinated Paraffin producers have been heavily involved in the risk assessment process for SCCP and accept that the findings are the most up-to-date and scientifically accurate evaluation possible of the risks of these substances to health and the environment. Sales for these two most emissive applications have already been reduced significantly and will be eliminated under this proposal. In the residual applications the SCCPs are contained in a polymer matrix and emissions to the environment are minimised. The measures proposed will control approximately 98 % of the emissions to the aquatic environment, and further measures to prohibit uses in other applications would be disproportionate to the risks identified.

5.2. The PARCOM Decision in 1995 was not based on such a thorough evaluation of the applications of SCCPs, and should be considered to be a less rigorous approach to risk reduction than the EU Risk Assessment. Furthermore it is an obstacle to the Internal Market, since it was not accepted by all EU Member States.

5.3. Producers accepted the review process included in the proposed 20th amendment, but believe that care needs to be taken in this review, as once all immediate uses of these substances are prohibited, then the non-controlled applications will account for 100 % of the residual emissions, albeit tiny compared to the original values. The risk quotients calculated in the risk assessment will still be valid, and there should be no need for further restrictions.

Brussels, 29 November 2000.

The President

of the Economic and Social Committee

Göke Frerichs

(1) OJ L 84, 5.4.1993, p. 1.

(2) OJ L 292, 13.11.1999, p. 42.

(3) See Annex - SCCP sales per year in EU, specified by applications in metric tonnes.