9. 6. 87 Official Journal of the European Communities No C 150/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive on the approximation of the laws of the Member 
States concerning products which, appearing to be other than they are, endanger the health or safety of 
consumers 
(87/ C150/01) 
On 16 October 1986 the Council decided to consult the Economic and Social Committee under Article 
100 of the Treaty establishing the European Economic Community on the abovementioned 
proposal. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, which was 
responsible for preparing the Committee's work on the subject, adopted its opinion on 3 March 1987 
in the light of the report of Mrs Williams. 
At its 245th plenary session (meeting of 14 April 1987) the Economic and Social Committee adopted 
the following opinion unanimously. 
1. General observations 
1.1. Introduction 
1.1.1. The Committee welcomes the draft Directive as a 
significant measure designed to harmonize national measures 
taken by some Member States to combat the potential and 
actual dangers to consumers in the circulation of certain 
imitation products, for example scented erasers. 
1.1.2. Moreover, the Committee sees it as an attempt to 
bring such national initiatives into a harmonized whole with 
a set of common rules which are not contradictory within the 
internal market. 
1.1.3. It also sees this draft Directive as a useful forerunner 
to the forthcoming framework draft Directive on a general 
duty to trade safely in consumer goods (Directive on the 
general safety of consumer goods). 
1.2. Definition and scope 
1.2.1. The Committee notes that there are two criteria for 
the products coming within the scope of this draft: first, that they are dangerous, actually and potentially, often because of 
several coinciding factors; second, that they are imitation. 
1.2.2. The products referred to can be broadly classified 
as follows: 
— things which look, taste or smell like foods and are 
not, 
— those which are packaged in such a way that they become 
related to foods or beverages, 
— and products other than foodstuffs presented so that their 
appearance does not correspond with their original 
content or functions. 
1.3. Need for clarification 
1.3.1. Nevertheless, there are certain areas where 
additional information, clarification, interpretation and 
precision are needed. 
1.3.2. The Committee points out that it is necessary to 
indicate that it is risks to the health and safety of consumers 
that are the present concern, and not exposure to hazards 
caused by other possible forms of imitation, e.g. misleading 
labelling. 
No C 150/2 Official Journal of the European Communities 9. 6. 87 
1.3.3. The Committee notes that all interested bodies 
(producers, retailers, consumers) join together in their 
concern at the risks arising, often through ignorance and 
misuse, from the circulation of imitation products; it 
recognizes that a risk factor exists but that the number of 
accidents is not yet quantified. It deplores the lack of 
provision of adequate data as a basis for guidance and 
action. 
1.3.4. It therefore asks the Commission to provide 
further information and direct evidence of the size of the 
problem and its relation to particular groups of vulnerable 
consumers such as children, the elderly, the illiterate. 
1.3.5. But it cautions care in the interpretation of any 
consequent statistics, so that a series of incidents - often 
occurring through misuse — does not reflect on the general 
merit of a product, for example shampoo sold in traditional 
bottles, as against shampoo packaged in a beer bottle. 
1.3.6. The Committee emphasizes the need for a clearer 
indication of the level of risk in different classes of 
products. 
1.3.7. Some, like scented PVC erasers, must be banned in 
the interests of the protection of young children; whereas 
others, like novelty soaps in the shape of eggs, fruits or 
flowers, may require less stringent treatment — perhaps 
confined to regulation of size and the provision of clear labels 
and warnings. 
1.3.8. Further guidelines are needed on action in relation 
to a diversity of products which need to be more carefully 
delineated in the light of certain identified problem areas. 
1.3.9. The proposal applies not only to products which 
exist now but which may be developed and marketed at some 
time in the future; more specific criteria are also needed to 
enable producers to conform adequately with the intention of 
this draft proposal. 
1.4. Additional supportive measures 
1.4.1. The Committee also stresses the importance of 
communication, of information and long-term education in 
making people aware of and alert to the problems of 
imitation products. 
1.4.2. The Committee points out that the question of 
responsibility concerns all individuals, particularly parents 
and all those who look after children. This is of major 
importance in the elimination of accidents. 1.4.3. Consultation of all appropriate bodies is 
necessary, especially in the monitoring of the implementation 
of this draft Directive, with particular reference to the 
procedure for withdrawal of products from the market. 
1.4.4. In respect to controls over sales there is a need to 
take into account that even within individual Member States 
there may be regional and local differences in interpretation 
of the existing legal situation. 
2. Specific observations 
2.1. Article 1 
2.1.1. The Committee recognizes that a broad and 
general description of imitation products is given in order to 
be able to include other products which might later come on 
to the market. It suggests, however, that more specific 
criteria are needed to quantify what constitutes a dangerous 
product, and thus make both interpretation of requirements 
and compliance with the rules easier. 
2.1.2. Certain editing changes are necessary; thus the first 
phrase of this Article needs to be reworded more logically in 
the following order: appearance, form, colour, odour (or any 
combination of these characteristics); asphyxiation should 
be included as well as suffocation. 
2.1.3. The Committee is aware of the particular 
vulnerability of children, in general, but particularly babies 
and pre-school children are most at risk; nevertheless, it 
points out that other groups could be victims, such as the 
elderly, the handicapped, the illiterate. 
2.1.4. The Committee suggests that an explanatory 
memorandum in the form of an appendix to the proposal 
would provide clarification by listing known hazardous 
imitations, noting others which may have relevance but not 
necessarily fall within the remit of this proposal and 
indicating types of goods which might in future need to be 
included. 
2.2. Article 2 
2.2.1. The Committee stresses the special need for 
vigilance over imports from third countries at their point of 
entry, and the need for national rationalization and 
conformity of relevant customs regulations, since variation 
9. 6. 87 Official Journal of the European Communities No C 150/3 
in practice can distort competition. It also points out the need 
for reciprocal vigilance over exports from Europe, 
particularly to Third World countries. 
2.2.2. The Committee draws attention in the context of 
the present Directive to the particular difficulty of carrying 
out checks on products sold by street-vendors, doorstep-
salesmen and market traders, and to the difficulty in tracking 
down and controlling the use of products which are already 
in homes. With this in mind, the mass media, local 
authorities and other appropriate bodies should give advice 
and warnings to the general public and to particularly 
vulnerable groups such as kindergartens about dangerous 
products which are known to have been sold by those 
means. 
2.3. Article 3 
2.3.1. The Committee recognizes that withdrawal of a 
product is a serious sanction to be taken on the basis of full 
and fair consultation with all parties concerned; nevertheless 
it stresses the need, in the interest of public safety, for 
immediate and comprehensive withdrawal of products 
coming within the scope of this draft Directive. It also 
indicates the need for swift procedures to deal with the 
problem of products which come under suspicion. 
2.3.2. It notes that withdrawal does not necessarily mean 
destruction and that contents could be repacked and 
relabelled, where practicable. 
2.3.3. Bearing in mind the largely seasonal trade of those 
who sell imitation products, the Committee emphasizes the 
need for swift appeal procedures and impartiality of decision. 
It also points out that, in the case of a wrong decision being 
made, Member States must take every possible measure to 
publicize corrections. 
Done at Brussels, 14 April 1987. 2.4. Article 4 
2.4.1. The Committee notes the proposal to set up an 
advisory committee to examine products, procedures and 
their implementation after initial withdrawal and 
notification by Member States. 
2.4.2. It welcomes any extension of consultation but 
emphasizes that members of the advisory committee should 
consist of a variety of appropriate persons, supported by 
experts who can take into account the referral of a wide range 
of products. Accordingly, definition of the extent of this 
envisaged consultation is requested. 
2.5. Article 5 
The words 'competent authorities' should be changed to read 
'competent national authorities'. 
2.6. Article 6 
2.6.1. The texts of this Article in the various languages 
need to be checked, as in the English text the words 
'representative of the Committee' should read 'representative 
of the Commission'. 
2.6.2. The Economic and Social Committee notes that 
the advisory committee has no vote, as it is not normal 
practice for consultative committees to have voting powers; 
moreover, the existence of the Single European Act would 
seem to rule out a voting procedure. The Economic and 
Social Committee therefore repeats the need for a 
representative membership of the advisory committee. 
2.6.3. The Committee wants clarification as to who may 
have access to the minutes of the advisory committee's 
proceedings, which are confidential and it accordingly points 
to the need for relevant bodies to have access to a synopsis of 
proceedings and information on decisions reached. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT