Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending for the 18th 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` () (98/C 214/20)

On 26 January 1998 the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Community, on the above-mentioned proposal.

At its 354th plenary session (meeting of 29 April 1998), the Committee decided to appoint Mr Green as rapporteur-general and adopted the following opinion by 83 votes with two abstentions.

1. Background

1.1. Commission Directive 96/54/EC () (22nd Adaptation to Technical Progress/ATP) introduced 16 new c/m/r substances (i.e. substances that are carcinogenic, mutagenic or toxic to reproduction) to Annex I of Directive 67/548/EEC () ('Dangerous Substances` Directive).

1.2. The review of information on the new classification of c/m/r substances was undertaken by the Technical Progress Committee (TPC) working party on classification and labelling of dangerous substances and preparations. Relevant industries attended the meetings of the TPC working party and assisted it in the review of the available information on these substances.

1.3. Directive 94/60/EC (), the 14th amendment to Directive 76/769/EEC () relating to restrictions on marketing and use of certain dangerous substances and preparation, requires that substances classified as c/m/r should be prohibited for sale to the general public.

2. The proposal

2.1. The proposed 18th amendment merely introduces those substances classified in the 22nd ATP of Directive 67/548/EEC as carcinogenic, mutagenic or toxic to reproduction into the Appendix of Directive 76/769/EEC, thereby prohibiting their sale to the general public.

2.2. The industries responsible for producing the c/m/r substances included in the proposed 18th amendment have been consulted and have confirmed that they do not oppose the inclusion of such substances. This is because the c/m/r substances under consideration are not sold to the general public.

2.3. To protect the health of workers in their workplace, the requirements of the Carcinogens Directive (90/394/EEC) () apply to the newly classified c/m/r substances.

3. General comments

3.1. The Economic and Social Committee approves the Commission proposal to amend for the 18th time Directive 76/769/EEC.

3.2. The Committee especially welcomes the steps being proposed by the Commission at EU community level to protect consumers from exposure to c/m/r substances. These measures are complementary to those already existing with regard to the protection of workers from carcinogenic substances as provided for in the above-mentioned Carcinogens Directive, the full implementation of which is considered essential by the Committee.

3.3. The Committee recognizes the importance of restricting the marketing and use of c/m/r substances in order to protect the health of the general public and notes that some time has elapsed since the publication of the 22nd adaptation.

3.3.1. In this context, the Committee considers that it would be better if the restriction on the sale of such substances would follow automatically after their classification under the requirements of Directive 67/548/EEC, as it already stated in its Opinion on the 17th amendment to Council Directive 76/769/EEC ().

3.3.2. In this case, it notes again that the use of a committee procedure would help to speed up the process of implementing a restriction on the marketing and use of c/m/r substances, although there would have to be prior consultation of the various socio-economic partners and interests involved.

3.4. It is noted that none of the newly classified c/m/r substances are sold to the general public.

Brussels, 29 April 1998.

The President of the Economic and Social Committee

Tom JENKINS

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