Opinion of the Economic and Social Committee on the "Proposal for a European Parliament and Council Directive amending for the 21st 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)"

(2000/C 140/01)

On 3 February 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 Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 March 2000. The rapporteur was Mr Jaschick.

At its 371st plenary session (meeting of 29 March 2000) the Economic and Social Committee adopted the following opinion by 63 votes.

1. Introduction

1.1. Since 1994(1) the sale of certain dangerous substances to the "general public" has been prohibited so as to ensure long-lasting protection against carcinogens, mutagens and substances toxic to reproduction (c/m/r).

1.2. The classification, packaging and labelling of these substances are constantly updated in the light of scientific findings and technical progress(2).

1.3. No later than six months after publication of new classifications(3), the Commission must add the newly classified c/m/r substances(4) to annex I of Directive 76/769/EEC so that they cannot reach the "general public".

1.4. The present proposal is to add two category 2 carcinogens and one category 2 toxic for reproduction substance to the list of dangerous substances and preparations(5).

2. General comments

2.1. The ESC welcomes the prohibition on the use of these substances by the "general public". It considers that this Commission proposal will help to maintain and promote public health, in tandem with the action plan to combat cancer(6), the communication on the development of public health policy in the European Community(7), and the communication on a health strategy for the EU scheduled for 2000(8).

2.2. The present 21st amendment to Directive 76/769/EEC contains uniform rules on the use of these dangerous substances and preparations and in no way impedes the operation of the single market.

2.3. The ESC urges that consideration be given to speeding up the procedure so as to protect the public against such risks as quickly as possible. The procedure should be simplified and to some extent made automatic. To date, the Council and Parliament have not been able to agree on such simplification.

2.4. The ESC is assuming that these new classifications will also apply in all EEA countries and will be included in the negotiations with the applicant countries in good time. In this respect the ESC advocates closer cooperation with the organisations and associations responsible for safety and health in these countries.

3. Specific comments

3.1. The ESC welcomes the fact that the Commission sought the advice of environmental and consumers associations in the hearings held to prepare the 21st amendment.

3.2. The ESC approves the Commission's policy of preventive health protection. It is taking action because of a justified suspicion that the damage caused to health by these substances is irreversible. It therefore classifies these substances in the appropriate category and puts them on the c/m/r list.

3.3. The ESC assumes that remaining stocks may not be used up and that the ban will of course also apply to imports.

3.4. The ESC wonders whether the term "general public" could not be defined more precisely, with a specific mention of consumers and small craft industries in particular. The ESC urges that more information on the dangers of these substances be disseminated, including through the relevant organisations and associations.

3.5. In view of the danger of these substances, consideration should be given to whether the six month period between the publication of the new c/m/r classification and the subsequent Commission proposal could be reduced.

3.6. In the interests of protecting public health, the deadlines laid down in Article should also be examined to see if they need shortening.

Brussels, 29 March 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli

(1) Directive 76/769/EEC, OJ L 262, 27.9.1976, p. 201, amended by Directive 94/60//EC, OJ L 365, 31.12.1994, p. 1.

(2) Annex I to Directive 67/548/EEC, OJ L 196, 16.8.1967, p. 1, last amended by Directive 94/69/EC, OJ L 381, 31.12.1994, p. 1.

(3) Pursuant to Directive 94/60/EC, OJ L 365, 31.12.1994, p. 1.

(4) The classification procedure is laid down in Directive 67/548/EEC.

(5) The substances are sometimes used in chemical production processes and are contained in many heat-resistant ceramic tiles and car airbags.

(6) Decision of the Commission, the European Parliament and Council No 646/96/EC of 29.3.1996 "Action plan to combat cancer within the framework for action in the field of public health" (1996-2000), OJ L 95, 16.4.1996, p. 9.

(7) COM(1998) 230 final, Commission Communication of 15.4.1998 on the development of public health policy in the European Community; ESC opinion, OJ C 407, 28.12.1998, p. 21.

(8) COM(2000) 186 final, scheduled for end March 2000 in Commission work programme.