26. 4. 78 Official  Journal  of the European  Communities No C 101/29 
Industry,  Commerce,  Crafts  and  Services  to draw  up 
an opinion  and  a report  on the matter, 
Having  regard  to the opinion  issued  by the Section 
for Industry,  Commerce  Crafts  and  Services  at its 
meeting  on 8 February  1978, 
Having  regard  to the  oral  report  submitted  by the 
rapporteur,  Mr De Grave, 
Having  regard  to the discussions  at its 156th  plenary 
session  held  on 1 and  2 March  1978  (meeting  of 
1 March  1978), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Economic  and  Social  Committee  approves  the 
proposal  and  has the following  comments  to make: 
1. The  Committee  is pleased  that  the Commission 
is updating  Directive  71/305/EEC  so that  the Euro-
pean  unit  of account  is used  to calculate  the value 
thresholds  above  which  public  works  contracts  are 
subject  to the  Directive  in the  different  Member States.  The  European  unit  of account  has  already 
been  introduced  in the  sister  Directive  governing 
public  supply  contracts  by Directive  77/62/EEC.  The 
use of the  European  unit  of account  is a positive 
step since  it will  remove  the  divergence  in the 
thresholds  in different  Member  States  due  to the 
exchange  rate  changes  of recent  years. 
1.1. Some  Members  which  delayed  incorporating 
Directive  71/305/EEC  in their  legislation  have  in a 
way anticipated  the present  proposal  since  they  have 
already  made  provision  for the use of the European 
unit of account. 
2. The  Committee  would  have  been  grateful  if, 
when  presenting  this  proposal,  the Commission  had 
taken  stock  of the extent  to which  the 1971  Directive 
has been  applied  by the Member  States.  It wonders 
whether  it would  not  have  been  possible  to improve 
on the level  of compliance.  Now  that  the Directive 
has been  incorporated  into  the law  of all the Member 
States,  the  Committee  calls  upon  the  Commission 
to ensure  that  the Directive  is in fact  applied  prop-
erly in each  Member  State. 
3. The  Committee  regrets  that  legal  difficulties 
have  so far prevented  harmonization  of the  list  of 
activities  of public  authorities  which  are subject  to 
Directive  71/305/EEC. 
Done  at Brussels,  1 March  1978. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the  proposal  for  a Council  recommendation  on fluorocarbons  in the 
environment 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 217 of 10 September  1977,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 8 September  1977,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  100  of the Treaty  establish-
ing the European  Economic  Community. 
No C 101/30 Official  Journal  of the European  Communities 26.4.78 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
156th  plenary  session  held  in Brussels  on 1 and 2 March  1978. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in  particular 
Article  100  thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 8 September  1977  for 
an opinion, 
Having  regard  to the decision  taken  by its chairman 
on 21 September  1977  instructing  the  Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an opinion  and  a 
report  on this  matter, 
Having  regard  to the  opinion  issued  by the Section 
for Protection  of the Environment,  Public  Health  and 
Consumer  Affairs  at its meeting  on 14 February  1978, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr Schlitt, 
Having  regard  to the discussions  at its 156th  plenary 
session  held  on 1 and  2 March  1978  (meeting  of 
2 March  1978), 1.2. The  Committee  would  have  liked  to see the 
legal  basis  for the Commission's  proposal  indicated 
more  precisely.  It assumes  that  this  is Article  235  of 
the EEC  Treaty. 
1.3. In  view  of the uncertainty  about  the effects  of 
fluorocarbons  in the  stratosphere,  the  Committee 
considers  it right  and  in keeping  with  the  situation 
that the Commission  should  in the first  instance  draw 
up a recommendation  addressed  to the  Member 
States.  It notes  that  the  recommendation  is in line 
with  thinking  and  trends  in the  Member  States,  so 
that it will  probably  be  similar  in effect  to a 
Directive.  The  Committee  assumes  that  adoption  of 
the recommendation  by the Council  will  also  mean 
that the research  started  in the Member  States  will  be 
pursued  with  vigour  and  that  production  capacity 
will not be expanded. 
1.4. One  of the  reasons  why  the  Committee 
considers  an early  decision  by the  Council  in this 
matter  to be essential  is that  this  will  enable  the 
Community  to  join  in and  contribute  to the 
worldwide  debate  on fluorocarbons. 
2. Specific  comments 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by 35 votes  to 17 with  three  abstentions: 
1. General  comments 
1.1. The  Committee  endorses  the  Commission's 
proposal,  subject  to the comments  set out  below.  It 
welcomes  the fact  that  the Commission  has embarked 
upon  an examination  of the problems  connected  with 
fluorocarbons  and  that  it has  asked  the  Council  to 
issue  a recommendation  to the Member  States  calling 
on them  to  adopt  the  measures  specified  in 
paragraphs  1 to 4 of the draft  text. 2.1. The  Committee  supports  the  steps  taken  by 
the Commission  in the area  of fluorocarbons  with  the 
aim of continuing  and  intensifying  Community-level 
cooperation  on  research  planning  and  the 
dissemination  of research  findings.  It suggests  that 
work  be pursued  within  the  Community  under  a 
programme  of concerted  action.  In view  of the 
worldwide  interest  in  clarification  of  the 
fluorocarbons  problem,  the  Council  should  not 
hesitate  to make  available  the  relatively  small  sum 
needed  for  coordination  of  this  work  by  the 
Commission. 
2.2. The  Committee  also  thinks  it right  that 
measures  should  be adopted  now,  i.e.  before  the 
current  investigations  have  been  completed,  to induce 
26. 4. 78 Official  Journal  of the European  Communities No C 101/31 
producers  of the  chlorofluoromethanes  F-ll  and 
F-12  to step  up research  into  alternative  products.  It 
is aware  that  no satisfactory  alternatives  from  the 
technological  and  safety  points  of view  are available 
yet, particularly  in the  propellants  sector,  and  that 
several  years'  development  work  will  probably  be 
needed  before  suitable  alternative  propellants  can,  if 
necessary,  be provided  by the  industry.  Containers 
with  mechanical  pressure  systems  could  admittedly 
be reintroduced,  but  they  are  not  only  more 
expensive  but  also  do not  provide  the  fine  spray  or 
other  advantages  afforded  by propellants  based  on 
chlorofluoroalkanes. 
2.3. The  Committee  also  appreciates  that  a switch 
to other  products  would  entail  considerable  technical 
difficulties  for aerosol  manufacturers.  This  is one  of 
the reasons  why  the  Committee  welcomes  the 
Commission's  intention  to submit  in the second  half 
of this  year  a study  on  the  possible  social  and 
economic  consequences  of  measures  concerning 
completely  halogenated  chlorofluoralkanes.  Among 
other  factors,  the  present  labour  market  situation 
makes  it advisable  to await  the outcome  of this  study 
and of the  other  investigations  before  further  steps 
are taken. 
2.4. In  view  of the  implications  of the  theories 
advanced,  the  Committee  thinks  that  there  is 
justification  for ensuring,  as a precautionary  measure, 
that there  is no further  expansion  of F-ll  and  F-12 
production  capacity  in the  Community.  It supports 
the Commission  proposal  on this  point,  although  the 
theories  are  based  on calculations  using  inadequate 
models  and  it has  not  been  proved  experimentally 
that the  ozone  layer  is being  depleted  by completely 
halogenated  chlorofluoroalkanes.  It thinks  it would 
be premature  at this  stage  to adopt  measures  going 
beyond  those  contained  in the recommendation,  as is 
being  suggested  in various  quarters.  Before  more 
extensive  measures  are  taken  one  should  await  the 
outcome  of the  current  investigations,  particularly 
since  more  recent  research  findings  indicate  that 
depletion  of the ozone  layer  in the stratosphere  might 
be on a restricted  scale.  Quite  apart  from  the fact  that 
scientists  are as yet unable  to form  a reliable  picture 
of what  takes  place  in the stratosphere,  the possible 
Done  at Brussels,  2 March  1978. processes  there  do not call  for any  action  in the short 
term,  even  if the theory  of American  scientists  should 
be confirmed. 
2.5. The  Committee  also  notes  that  the damage  to 
health  that  it is feared  will  result  from  ozone 
depletion  has  not  yet  been  clearly  detected  and 
proved.  In this  connection,  the  Committee  would 
refer  to the  World  Health  Organization  document 
entitled  'Effects  of ultra-violet  radiation  on human 
health',  which  was  submitted  at the UNEP  conference 
in Washington  in March  1977.  This  document  states 
that it is not  possible  to definitely  quantify  the 
relationship  between  ultra-violet  radiation  and  the 
occurence  of skin  cancer. 
2.6. The  Committee  considers  that  if the outcome 
of the investigations  is favourable,  i.e. if the theories 
advanced  are not  confirmed  to any  significant  extent 
or at all,  one  should  dispense  with  the limitation  of 
production  capacity  now  recommended  as  a 
precaution. 
2.7. The  Committee  also  thinks  it right  that  the 
limitation  of production  capacity  should  apply  not to 
aerosol  manufacturers  but  to the  producers  of F-ll 
and F-12.  As long  as propellants  can  be imported 
into the Community  either  as such  or incorporated  in 
finished  products,  measures  directed  at aerosol 
manufacturers  would  inevitably  be futile.  Further-
more,  such  measures  would  only  operate  to the disad-
vantage  of Community  aerosol  manufacturers  with-
out producing  any  quantitative  limitation  of aerosol 
sales  in the Community. 
2.8. The  Committee  notes  in this  connection  that 
as a result  of the  economic  situation  the  production 
of F-ll  and  F-12  has  dropped  since  1974  and  that  a 
further  decline  in the  use  of these  substances  by 
aerosol  manufacturers  is to be  expected  in the 
coming  years.  This  makes  it easier  for the Committee 
to endorse  the  recommendation  proposed  by  the 
Commission. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
No C 101/32 Official  Journal  of the  European  Communities 26. 4. 78 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  amendment  was  rejected  in the course  of the discussions. 
Replace  the text  of the opinion  after  the preamble  by the following: 
'1. Case  for the recommendation 
The ESC  generally  welcomes  the  overall  study  the  Commission  is making,  at Community 
level,  of the  ecological,  economic  and  social  impact  of possible  rules  on fluorocarbons. 
But it would  ask  the  Commission  to coordinate  this  study  with  international  research 
which  is already  in progress,  so as to avoid  duplication  of work.  The  ESC  feels  that  the 
Commission  must  profit  from  the  practical  experience  acquired  by certain  non-member 
countries,  particularly  the  United  States,  as regards  the  effects  of measures  to limit  the 
use of fluorocarbons. 
Under  the  Council  resolution  of 17 May  1977  on the  continuation  and  implementation 
of a policy  and  action  programme  of the  European  Communities  concerning  the  environ-
ment  (i), which  the  ESC  approved,  the  Commission  has  to keep  a close  check  on the 
environmental  impact  of chemical  compounds  (see  Chapter  6 of Title  II: "Measures 
relating  to certain  products").  In paragraph  79 of this  programme  it is stated  that  in 
recent  years  the  public  authorities  have  been  confronted  more  and  more  with  difficulties 
caused  by the  use  of already  existing  chemical  compounds  (such  as PCBs,  VCM,  fluoro-
carbons  and  mercury  compounds),  whose  impact  on the  environment  had  not  previously 
been  discovered  or had  not  been  adequately  demonstrated. 
2. Effects  on the environment  and  on the health  of man 
Back  in 1974,  the American  scientists  Rowland  and  Molina  considered  that  if the  produc-
tion of freons  continued  at the  current  tempo,  the  gradual  depletion  of ozone  and  the 
intensification  of ultra-violet  radiation  would  one  day  bring  about  a considerable  rise  in 
the incidence  of skin  cancer  throughout  the  world.  They  also  warned  against  other 
catastrophic  biological  consequences  such  as genetic  mutations,  damage  to crops  and  even 
climatic  changes. 
According  to the  theory  of Rowland  and  Molina,  each  atom  of chlorine  released  could 
destroy  several  hundred  molecules  of ozone  before  bonding  to an atom  of hydrogen  to 
form  hydrochloric  acid. 
These  hypotheses  have  been  gradually  confirmed  and  Sweden  and  the  United  States  have 
already  decided  to progressively  ban  freons. 
The exact  effects  on the  environment  and  health  cannot,  however,  be quantified  as yet. 
All recent  observations  (particularly  the  studies  of Zander  and  other  researchers)  on the 
presence  of hydrofluoric  acid  at very  high  altitudes  nevertheless  confirm  that  quantities 
released  over  the  past  25 years  are  still  to be found  intact  in the  atmosphere.  The  break-
down  of these  molecules  could  require  between  several  tens  and  several  hundreds  of 
years. 
The amount  of fluorocarbons  released  into  the  atmosphere  each  year  is variously 
estimated  at between  500  000  and  one  million  tonnes. 
It is generally  considered  that  at least  10 years  are  needed  for  fluorocarbon  molecules  to 
reach  the  ozone  layer.  It would,  therefore,  be dangerous  to procrastinate  and  take  refuge 
behind  the  excuse  of indequate  control  methods  until  more  significant  symptoms  appear. 
The odds  are  that  it will  be a long  time  before  industry  accepts  any  system  for  precisely 
measuring  effects  on the  ozone  layer. 
(') OJ No C 139,  13. 6. 1977. 
26. 4. 78 Official  Journal  of the  European  Communities No C 101/33 
3. Legal  form 
The Commission  has  chosen  a recommendation  as the  legal  vehicle  for these  important 
health/environment  measures.  This  is hardly  guaranteed  to ensure  their  effectiveness.  The 
fifth  paragraph  of EEC  Treaty  Article  189  states  that  recommendations  "have  no binding 
force".  Furthermore,  the Member  States  have  shown  little  inclination  to implement  Com-
munity  recommendations  (as witness  the fate  of the  recommendations  on energy  conser-
vation,  the establishment  of facilities  in the field  of industrial  medicine  and  the protection 
of mothers).  What  the Commission  should  do is submit  a draft  Directive  under  Article  100 
or 235  of the EEC  Treaty,  within  the deadline  it has fixed,  i.e. the end  of 1978.  This  is the 
only way  to ensure  that  the  proposed  provisions  will  be completely  incorporated  in 
Member  State  law  in good  time.  The  third  paragraph  of Article  189  of the  EEC  Treaty 
states  that  'a Directive  shall  be binding,  as to the result  to be achieved,  upon  each  Member 
State  to which  it is addressed,  but  shall  leave  to the  national  authorities  the  choice  of 
form  and  methods".  Even  then,  a number  of Directives  have  yet to be applied. 
In addition,  the  draft  recommendation  calls  on the  Member  States  immediately  to take 
steps  which  could  constitute  trade  barriers  if they  were  not  aligned  by a Community 
Directive. 
4. Scope  for substitution 
4.1. The  Committee  considers  that  fluorocarbons  cannot  simply  be equated  with  aerosols. 
In practice,  a distinction  has  to be made  between  the  following  categories  of products. 
4.1.1.  Products  under  pressure  (shaving  creams,  stain  removers,  various  foams,  etc.) 
which  are  expelled  from  container  by the  pressure  of a gas.  In this  case,  the  use  of a 
propellant  other  than  fluorocarbons  poses  no problems  and  is common  for  the products 
of this  type  already  on the  market.  A number  of manufacturers  use  butan/propane  mix-
tures,  COg,  etc.,  which  are cheaper  than  freon.  However,  although  the use  of hydrocarbon 
propellants  does  not cause  a fire  risk,  dangers  occur  in storage. 
4.1.2.  Products  where  the  quality  of the  spray  produced  is of little  importance.  Most 
products  are of this  kind  (deodorants,  oven  cleaners,  perfumes,  etc.).  Here,  there  are two 
kinds  of alternative: 
— Very  simple,  cheap  mechanical  systems  (vaporization,  pumps)  when  the duration  of use 
is short.  It should  be noted  that  cosmetics  firms  have  found  that  users  consider  the use 
of pumps  for deodorants  and  perfumes  to be a step  forward;  spray  velocity  is reduced, 
and the  sensation  of cold  resulting  from  the impact  of the  propellant  on the  skin  is 
eliminated. 
— Use  of a non-fluorocarbon  propellant  and  development  of technology.  This  is 
necessary  — and  aerosols  seem  justified  — when  a mechanical  system  would  be tiring 
to operate  (manual  movements  have  to be repeated  for  too  long  a period,  excessive 
pressure,  etc.).  Here  again,  hydrocarbons  are  the  best  and  cheapest  propellants.  The 
problems  of spray  inflammability  are often  solved. 
— There  is a danger  of explosion  in fires  (stocks  on retailers'  premises  poorly  protected 
against  fire).  This  problem  seems  closer  to solution  in the USA. 
4.1.3.  Products  which  require  spray  of very  high  quality  (hair  lacquer,  paint).  The  existing 
alternatives  are  either  dangerous  (high  inflammability,  substitute  gas  harmful)  or very 
costly.  A great  deal  of research  will  be necessary  to develop  products  comparable  to what 
we have  at present. 
4.2. In  conclusion,  whilst  no miracle  alternative  exists  to take  over  from  fluorocarbons 
which  are  almost  universally  used  as propellants,  partial  solutions  are  available  in the 
majority  of cases.  Some  of these  alternatives  have  been  developed  by aerosol  manufacturers 
No C 101/34 Official  Journal  of the European  Communities 26. 4. 78 
in response  to the  attacks  on some  of the  products  by consumers  and  the  drop  in sales 
that has  occurred  over  the  past  two  years.  Some  of them  are  even  felt  by consumers  to 
be an advance  of what  was  available  before. 
4.3. The  limitation  of the  use  of fluorocarbons  as propeliant  gases  is therefore  not  at 
issue.  Manufacturers  are already  being  forced  to cut  down  on their  use  by the  market 
situation;  some  have  even  stopped  using  fluorocarbons  altogether.  There  is thus  a case  for 
initially  restricting  the use of freons  to aerosols  for which  they  are essential  in the  present 
state  of technology  because  of the  quality  of spray  required.  It is very  likely  that  many  of 
these  products  will  come  under  attack  from  the medical  profession  for other  reasons,  for 
example  because  their  very  fine  particles  (lacquer,  paint,  etc.)  are  absorbed  by  the 
respiratory  system.  This  is another  aspect  which  must  be investigated. 
5. International  competition 
Implementation  of their  three-step  plan  to phase  out  fluorocarbons  (see  Section  4 of the 
explanatory  memorandum)  will  soon  give  the  United  States  a considerable  technological 
lead in the  replacement  of these  substances  by harmless  products.  This  lead  will  un-
questionably  enable  them  to improve  their  competitiveness  and  increase  their  share  of the 
world  market.  Only  by taking  corresponding  joint  action  immediately  will  the Community 
be able  to effectively  protect  itself  against  competition  from  the USA. 
6. Impact  on employment 
The Committee  considers  that  progressive,  indeed  selective,  conversion  of production  in 
accordance  with  a pre-determined  timetable  is preferable  to general  measures,  since  this 
will enable  the overall  level  of employment  to be maintained. 
The Committee  does  not  think  that  point  4 of the  draft  recommendation  is very  useful. 
One cannot  seriously  expect  an increase  in the  capacity  for  producing  a product  whose 
outlets  are  already  small  and  which  has  been  prohibited  or is in the  process  of being 
prohibited. 
The Committee  would,  however,  stress  that  any  limitation  of capacity  should  apply  to 
consumption  (user  industries  and  importers). 
As long  as propellants  can  be imported  into  the  Community,  any  measures  directed  at 
propeliant  manufacturers  would  be futile.  Limitation  of the  capacity  of Community 
manufacturers  of propellants  could  lead  to increased  imports  to the detriment  of employ-
ment  in the Community,  without  there  being  any  reduction  in the  sales  of the  articles  in 
question  or in pollution. 
7. Application  of the polluter  pays  principle 
The Committee  does  not  see  how  the  Commission  intends  to apply  the  polluter  pays 
principle.  The  cause  and  effect  link  between  the  product  and  any  victims  will,  moreover, 
be difficult  to prove. 
8. Consumer  information  and  education 
The consumption  of certain  products  (lacquers)  has  dropped  sharply  in the  past  two 
years.  It is possible  that  aerosols  have  become  somewhat  discredited,  without  consumers 
knowing  whether  they  contain  fluorocarbons  or not (owing  to inadequate  labelling). 
The Committee  considers  that  a drive  should  be launched  to educate  the public. 
As in the  USA,  the  threat  to the  ozone  layer  should  be brought  to the  attention  of 
consumers  by appropriate  information,  and  in particular  by proper  labelling,  so that  they 
are induced  to choose  products  which  use  non-fluorocarbon  propellants,  or mechanical 
propulsion  systems. 
26.4.  78 Official  Journal  of the European  Communities No C 101/35 
If the propellant  gases  are not  specified  on the  labelling,  the tendency  for aerosols  in 
general  to fall into  disrepute  might  be reinforced.' 
Reasons 
1. As the documents  were  sent  to Section  members  at a very  lace  stage,  it was  not possible  for 
the Section  to discuss  amendments  on the points  raised  above. 
2. The  Section  opinion  tends  to associate  fluorocarbons  with  aerosols  a little  too  readily, 
whereas  substitute  products  exist  in the majority  of cases. 
3. The  effects  on the environment  should  be more  clearly  defined. 
4. Account  should  be taken  of the employment  factor  and the competitiveness  of firms. 
5. The  legal  form  is unsatisfactory. 
Voting 
For: 21, against:  36. 
Opinion  on the  proposal  for  a Directive  on the  protection  of participants  in home 
study  courses 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 208  of 31 August  1977,  page  12. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 23 August  1977,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
156th  plenary  session  held  in Brussels  on 1 and 2 March  1978. 
The full  text  of the opinion  is as follows: 
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 23 August  1977  for an 
opinion, Having  regard  to the decision  taken  by its chairman 
on 5 September  1977  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  issued  by the  Section 
for Protection  of the Environment,  Public  Health  and 
Consumer  Affairs  at its meeting  on 14 February  1978,