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-fifth time, Council 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 (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)"

(COM(2002) 70 final - 2002/0040 (COD))

(2002/C 221/03)

On 28 February 2002 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 8 May 2002. The rapporteur was Mr Colombo.

At its 391st plenary session (meeting of 29 May 2002), the Economic and Social Committee adopted the following opinion unanimously.

1. Introduction

1.1. The draft directive under consideration constitutes the latest periodic updating of points 29, 30 and 31 of Annex I to Directive 76/769/EEC which prohibit the marketing of specifically listed substances, since they are classified as carcinogenic, mutagenic or toxic to reproduction (c/m/r).

1.2. Under Directive 94/60/EEC, the Commission is obliged to present to the European Parliament and the Council, every six months, a list of new substances which the latest scientific knowledge has shown to have the negative characteristics listed above. The aim is to achieve progressively better protection of the health of European citizens, and to safeguard the internal market.

1.3. The Committee has given its opinion on the earlier amendments; the most recent such opinion was on "Dangerous substances - c/m/r"(1), which should be referred to for comments on procedure and on the application of the final decisions on these regular updatings.

1.4. It should be stressed that, in the Commission's view, the amendment procedure involving progressive, regular updating is the only method available under the legislation currently in force.

2. The Commission proposal

2.1. The Commission proposal would extend the appendix relating to points 29, 30 and 31 of Annex I to Directive 76/769/EEC by including, on the basis of current knowledge, the following numbers of substances:

- 2 classified as carcinogenic category 1;

- 19 classified as carcinogenic category 2;

- 5 classified as mutagenic category 2;

- 1 classified as toxic to reproduction category 1;

- 16 classified as toxic to reproduction category 2.

3. General comments

3.1. The Committee welcomes the Commission's presentation on the basis of Directive 94/60/EEC (restrictions on the marketing and use of certain dangerous substances and preparations) and Directive 67/548/EEC (approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances), of further proposals to the European Parliament and the Council to add newly classified c/m/r substances (categories 1 and 2) within the six months laid down.

3.2. The Committee regards the proposal to include the substances listed in 2.1 above in the appendix relating to points 29, 30 and 31 of Annex I to Directive 76/769/EEC as positive and necessary to assist the fight against cancer and useful for safeguarding the internal market.

3.3. This assessment is based on the current state of knowledge on these substances, and takes account of their low economic and employment impact, and of the fact that their use is now limited, partly as a result of information on substitutes for them being supplied to firms in good time.

3.4. The Committee emphasises that the proposal is important because, in addition to introducing uniform standards for the circulation of substances and preparations classified as carcinogens, mutagens or toxic to reproduction, it confirms the European Union's strategy of developing a coordinated range of policies designed to defend rigorously and to improve the living conditions of European citizens.

3.5. As regards the fight against cancer the Committee stresses, as it did forcefully in its opinion on the Action plan to combat cancer within the framework for action in the field of public health(2), that in the last few decades the death rate from cancer has increased in a context of progressive ageing of the population.

3.6. Indeed, the most recent data reveal the emergence in the EU of 1,5 million new cancer cases per year with almost 1 million deaths from cancer per year. The fatalities display an increasingly clear connection with lifestyle and living conditions. The Committee stresses the need to take positive measures likely to help change these behaviour patterns, partly through suitable educational initiatives, starting with schoolchildren.

4. Conclusion

4.1. Faced with this scourge of modern society, the Committee gives its support to the current proposal but stresses the need to move on from this stage - often marked by belated responses to problems - to the implementing phase of the programmes for overall review envisaged by the White Paper - Strategy for a future Chemicals Policy(3). This document, which envisages the examination of 30000 chemicals in an initial stage, constitutes the real quality leap for the production, marketing and use of chemicals in the EU.

4.2. The Committee therefore advocates rapid progress with the new programme to facilitate the transition from the current, essentially defensive, strategy to one based on the fundamental principle of prevention, as envisaged by the implementing programmes of the White Paper itself.

Brussels, 29 May 2002.

The President

of the Economic and Social Committee

Göke Frerichs

(1) OJ C 311, 7.11.2001.

(2) OJ C 393, 31.12.1994.

(3) COM(2001) 88 final.