Opinion on the proposal for a Council Directive amending for the fifteenth time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (1) (94/C 133/03)

On 7 December 1993 the Council decided to consult the Economic and Social Committee, under Article 100a 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 1 February 1994. The Rapporteur was Mr Proumens and the Co-Rapporteurs were Mr Jaschick and Mr de Knegt.

At its 313th Plenary Session (meeting of 23 February 1994), the Economic and Social Committee unanimously adopted the following Opinion.

1. General comments

1.1. The present proposal, based on Article 100a of the Treaty, seeks to harmonize the consumer protection provisions adopted in certain Member States, notably France, in the wake of accidents caused by the type of products concerned.

1.2. The Committee fully endorses the proposal's aim of protecting users and, more especially, children, bearing in mind that these products are mainly used on festive or family occasions (such as Christmas and birthday parties or carnival celebrations) where the festive spirit or, in some cases, the presence of alcohol may make the consumer less likely to take proper heed of the operating instructions, thereby increasing the risks.

1.3. The Commission has nonetheless provided a derogation procedure allowing firms, on presentation of due justification, to use flammable substances and preparations which do not present a risk of flammability under normal and reasonably foreseeable conditions of use.

1.4. It should also be noted that the main danger from these products is that they come in aerosol cans whose propellants are flammable under the terms of Directive 67/548/EEC.

2. Specific comments

2.1. The Commission has been notified (or has learned otherwise) of accidents caused by flammable products in aerosols. Even if such cases are fortunately quite rare, the fact remains that they cause physical injury to users, especially children. The present proposal is therefore justified, particularly as it includes provision for derogations.

2.2. The words 'as such' in the first line of the Annex could cause confusion in the minds of the national authorities or manufacturers. It would be helpful if the Commission could clarify their meaning, either in the preamble or in a footnote.

2.3. The paragraph dealing with the derogation is fully consistent with Directive 75/324 as last amended (and approved by the Council on 6 January 1994) (2).

It should be noted here, in the wake of the Section's discussions, that the relevant particulars will be established according to test methods for which a Working Group, chaired by the Commission, was set up in October 1993.

2.4. Without wishing to cast doubt on the value of their findings, it is important that the Member States' authorities who judge the validity of any derogations submitted to them examine them with the utmost care in order to avoid any abuses or laxity.

3. Specific remark

3.1. It should be noted that some of the products concerned by the proposal are sold in aerosols containing the propellant CFC F.22 which presents no flammability risk but will be banned at the end of 1994 following the implementation of the Montreal Protocol on substances that deplete the ozone layer.

The products concerned will therefore have to be reformulated and account will have to be taken of the implications of the present proposal.

Done at Brussels, 23 February 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 306, 12. 11. 1993, p. 14.

(2) Directive 94/1/EC of 6 January 1994 (OJ No L 23, 28. 1. 1994)