Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending for the twenty third time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)"

(2001/C 311/02)

On 19 June 2001, 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 25 July 2001. The rapporteur was Mr Colombo.

At its 384th plenary session (meeting of 12 September 2001), the Economic and Social Committee adopted the following opinion unanimously.

1. Objective of the proposal

1.1. The proposal is to update the appendix to points 29, 30 and 31 of Annex I of Directive 76/769/EEC(1), which prohibits the use of substances included in that appendix because they are classified as carcinogens, mutagens or substances toxic to reproduction. The basis for the proposal is the provision made under Directive 94/60/EC(2) requiring the Commission to submit to the European Parliament and Council proposals to add additional substances within six months of the publication of new classifications.

1.2. In continuation of the on-going process of bringing Annex I of Directive 67/548/EEC(3) into line with technical progress, 14 substances classified as carcinogens, three substances classified as mutagens and eight substances classified as toxic to reproduction are to be added to points 29, 30 and 31 respectively.

1.3. The aim of the proposal, like those before it, is to achieve an ever higher level of protection for human health and the environment, by creating the conditions for the proper functioning of the internal market. It adds a further list of substances to the annex, which will be added to the appendix to points 29, 30 and 31 of Annex I of Directive 76/769/EEC twenty days after the list is published in the Official Journal.

1.4. The Member States are to apply the provisions of the directive within 18 months of its entry into force, in accordance with procedures which they are to determine themselves.

1.5. The Commission considers that amendment of the Directive is the only course of action available for meeting the predefined objectives, as merely setting targets would not guarantee a high level of protection for consumer health and safety.

2. General comments

2.1. In the light of the scientific considerations adopted, in the absence of economic and employment-related consequences, given the limited use of such substances, and providing companies are informed in good time in order to find substitutes, the Committee fully endorses the Commission's initiative as it is intended to protect public health, safety and the environment - causes which the Committee has always supported.

2.2. Nevertheless, this type of initiative often comes late in the day and the Committee would therefore strongly urge the Commission to act quickly on the White Paper on the Strategy for a Future Chemicals Policy, which takes a preventive stance and will be an important means of marrying a high level of protection for public health, safety and the environment with the promotion of an innovative and competitive chemicals industry.

2.3. Given that this is the 23rd time the basic Directive has been amended, the Committee would repeat its suggestion that it should be revised, and on no account must this revision be held up by the work relating to the chemicals white paper.

Brussels, 12 September 2001.

The President

of the Economic and Social Committee

Göke Frerichs

(1) OJ L 262, 27.9.1976, p. 201.

(2) OJ L 365, 31.12.1994, p. 1.

(3) OJ B 196, 16.8.1967, p. 1.