No C 263/64 Official  Journal  of the  European  Communities 17.11.  75 
Opinion  on the  proposal  for  a Council  Directive  on the  approximation  of the  laws, 
regulations  and  administrative  provisions  of Member  States  relating  to the classification, 
packaging  and  labelling  of pesticides 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 40 of 20 February  1975,  page  30. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20  January  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 131st  plenary  session, 
held in Brussels  on 25 and  26 June  1975. 
The Opinion  is published  below. 
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  made  by the Council  of 
the European  Communities  on 20 January  1975  for 
an Opinion  on the  proposal  for a Council  Directive 
on the  approximation  of the  laws,  regulations  and 
administrative  provisions  of Member  States  relating 
to the  classification,  packaging  and  labelling  of 
pesticides; 
Having  regard  to the decision  taken  by its Bureau  on 
28 January  1975,  instructing  the  Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an Opinion  and  a 
report  on the matter; 
Having  regard  to the  Opinion  adopted  by  the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  on 10 June  1975  and 
the report  prepared  by Miss  Roberts; 
Having  regard  to the discussions  at its meeting  on 25 
June  1975  (131st  plenary  session  of 25 and  26 June 
1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: The Economic  and  Social  Committee  approves  the 
objectives  pursued  by  the  Commission  in  the 
proposed  Directive,  subject  to  the  following 
comments. 
1. General  comments 
1.1. The  Committee  welcomes  the  fact  that  'total 
harmonization'  is proposed,  since  it has  repeatedly 
recommended  this  type  of harmonization. 
1.2. The  Committee  considers  that  the  proposed 
Directive  is a definite  step  forward  in the protection 
of life,  public  health  and  in particular  the  health  of 
persons  handling  pesticides. 
1.3. But  it believes  the present  title  could  lead  to 
difficulties  over  interpretation,  as  some  of  the 
dangerous  preparations  mentioned  in the  proposal 
are not  necessarily  pesticides.  The  title  should 
therefore  be  expanded  so  as  to  take  in  all 
plant-protection  products  which  are  dangerous. 
1.4. Moreover,  the  Committee  notes  that  the 
proposed  Directive  does  not  apply  to pesticide 
residues  or to chemically-treated  crop  products, 
such  as seeds  treated  with  mercury.  These  products 
are at  present  being  studied  by  international 
17.11.  75 Official  Journal  of the European  Communities No C 263/65 
organizations  such  as the FAO  and  the WHO,  and  it 
would  therefore  be  highly  desirable  if  the 
Commission  could  take  this  work  into  account  in a 
later  Directive.  As  far  as pesticide  residues  are 
concerned,  the Commission  should  also  continue  the 
work  which  has  been  begun  and  publish  the  results 
as soon  as  possible  in  the  form  of  concrete 
proposals. 
1.5. In  addition,  it should  be remembered  that  the 
Commission  is at present  preparing  a proposal'for  a 
Directive  on the  type  approval,  distribution  and  use 
of pesticides,  in which  several  of the problems  raised 
in the present  proposal  will  probably  be solved.  The 
Committee  would  here  and  now  stress  the  urgency 
of this  new  Directive,  especially  at is should  have 
been  the  point  of departure  for  a set of logical  and 
sensible  rules  concerning  pesticides. 
2. Criteria  for classifying  pesticides 
2.1. As  the  use  of a pesticide  in agriculture,  or a 
chemical  in industry,  entails  many  different  types  of 
risk,  the Committee  considers  that  a practical  system 
of classification  for pesticides  must  take  into  account 
the various  ways  in which  they  are  used  and  the 
possible  exposure  of people  that  may  arise  either 
during  their  use or as a result  of their  use. 
2.2. The  Commission  should  therefore  invite 
experts  to designate  categories  which  will  define 
methods  of  use  and  the  appropriate  safety 
precautions.  When  these  categories  have  been  agreed 
then  each  pesticide  will  be  assigned  to  the 
appropriate  category  depending  on the  formulation 
and recommended  manner  of use. 
2.3. The  assignment  of  pesticides  to  these 
categories  should  be effected  by toxicologists  who 
can appraise  the  data  on overall  toxicity  and  assess 
the likely  hazards  arising  from  the proposed  use. 
2.4. When  distinguishing  between  'toxic'  and 
'harmful'  pesticides,  particular  account  should  be 
taken,  in the  Committee's  view,  of the  cumulative 
effects  of some  pesticides  on the human  body. 
2.5. Moreover,  the  Committee  feels  that  the 
definition  of a pesticide  as 'very  toxic'  deserves more  attention  than  it seems  to get in the  proposal, 
which  merely  states  that  the term  'very  toxic'  and  not 
'toxic'  is to be used  in the labelling  in certain  cases. 
A 'very  toxic'  category  should  be included  in the 
pesticide  classification;  pesticides  would  thus  be 
classified  in three  categories,  according  to the  degree 
of toxicity  of the commercial  preparation. 
2.6. Assignment  to a given  category  should  be 
reviewed  periodically  in  the  light  of  practical 
experience,  since  in the  Committee's  view  it is 
impossible  to make  any  accurate  assessment  of 
hazards  to people  on the  basis  of laboratory  data  on 
animals.  Every  proposed  classification  must  be 
capable  of being  modified  in the  light  of practical 
experience  of use  pesticides  by humans. 
2.7. At  all  events,  the  Committee  considers  it 
indispensable  that  tests  used  to classify  pesticides  be 
based  on the  most  recent  scientific  knowledge.  For 
this reason  it can  accept  classification  of a pesticide 
by means  of a calculation,  as provided  for in Article 
3 (2) of the proposed  Directive,  on a temporary  basis 
only,  in certain  clearly  defined  cases  and  on  the 
condition  that  such  classification  guarantees  an 
adequate  degree  of safety. 
2.8. Finally,  as regards  the  LD  50  values  laid 
down  for  classifying  pesticides  as  'toxic'  or 
'harmful',  it should  be remembered  that  the  WHO 
specifies  doses  which  vary  from  those  proposed  by 
the Commission. 
3. Special  precautions  for  informing  and  protecting 
consumers 
3.1. In  the  interests  of consumer  protection,  the 
Committee  considers  that  a distinction  must  be made 
between  the  risks  attaching  to products  intended  for 
domestic  use  by the  general  public  and  the  risks 
connected  with  products  reserved  for  use  by 
specialists.  These  two  categories  of products  could 
be covered  by different  rules.  In particular,  it would 
be desirable  to  ban  the  domestic  use  of  any 
preparations  which  are classified  as 'toxic'. 
3.2. As  consumers  obtain  much  of  their 
information  from  what  is written  on the  packaging, 
the Committee  draws  attention  to the  need  to avoid 
an excessive  difference  in size  between  the  danger 
markings  and  the  commercial  inscriptions  (e.g.  name 
of the product  and  maker's  name)  on the labelling. 
No C 263/66 Official  Journal  of the European  Communities 17.11.  75 
3.3. In  this  connection,  the  Committee  also 
considers  it advisable  for the labelling  to mention  the 
date of manufacture  and,  where  appropriate,  a 
reasonable  period  of time  during  which  the pesticide 
can be  used.  Such  information  could  be 
supplemented  by the affixing  of a batch  number  to 
each  package;  this  would  enable  any  defective  batch 
to be located  rapidly  and,  if necessary,  withdrawn 
from  the market. 
3.4. As  it has  already  done  on several  occasions, 
the Committee  insists  upon  the  need  for  all such 
information  to be in the  language  or languages  of 
the Member  State  where  the pesticide  is to be sold, 
its chief  concern  here  being  to safeguard  the health 
of persons  using  highly  dangerous  substances. 
3.5. Furthermore,  the  Committee,  aware  of the 
dangers  of using  pesticides  in the  home,  asks  that provision  be  made  for  adequate  precautions  to 
protect  any  children  into  whose  hands  such  products 
might  fall. 
3.6. As  regards  the exporting  of pesticides  to third 
countries,  the existence  of specific  national  laws  on 
this matter  ought  not  to preclude  the  necessary 
particulars  being  given  in  the  accompanying 
documents;  after  all,  the  prime  aim  is to protect 
public  health  and  disseminate  any  information 
considered  necessary  for the correct  use of pesticides. 
Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of 
the Member  States  relating  to ceramic  articles  intended  to come  into  contact  with  food 
(limitation  of extractable  quantities  of lead  and  cadmium) 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 46 of 27 February  1975,  page  1. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 January  1975,  the  Councils  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  under  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 131st  plenary  session, 
held in Brussels  on 25 and  26 June  1975. 
The Opinion  is published  below. 
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  made  by the Council  of 
the European  Communities  on 20 January  1975  for 
an Opinion  on the proposal  for a Council  Directive 
on the  approximation  of the  laws  of the  Member States  relating  to ceramic  articles  intended  to come 
into contact  with  food  (limitation  of extractable 
quantities  of lead  and  cadmium); 
Having  regard  to the decision  taken  by its Bureau  of 
the Economic  and  Social  Committee  on 28 January 
1975,  instructing  the  Section  for  Protection  of the 
Environment,  Public  Health  and  Consumer  Affairs  to 
draw  up an Opinion  and  a report  on the matter;