No C 114/20 Official  Journal  of the European  Communities 11.5.77 
Opinion  on the  proposal  for  a Council  Directive  on the  sixth  modification  of the 
Council  Directive  of 27 June  1967  on the approximation  of the laws  of Member  States 
relating  to the classification,  packaging  and  labelling  of dangerous  substances 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 260  of 5 November  1976,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 30 September  1976  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 
147th  plenary  session,  held  in Brussels  on 30 and  31 March  1977. 
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  for an opinion  made  by 
the Council  of the  European  Communities  on 
30 September  1976, 
Having  regard  to the  Decision  taken  by its Bureau 
on 27 October  1976,  instructing  the  Section  for 
Protection  of the  Environment,  Public  Health  and 
Consumer  Affairs  to draw  up an opinion  and  report 
on the matter, 
Having  regard  to the opinion  issued  by the Section 
for protection  of the environment,  public  health  and 
consumer  affairs  on 8 March  1977, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr Eboli, 
Having  regard  to the discussions  at its 147th  plenary 
session,  held  on 30 and  31 March  1977  (meeting  of 
30 March), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a large  majority,  with  two  votes  against  and  two 
abstentions: 
The Committee  approves  the proposal  subject  to the 
comments  and  proposals  set out below. 1. General  comments 
1.1. The  Committee  congratulates  the Commission 
on drawing  up the proposal,  which  extends  the 1967 
basic  Directive  to ensure  greater  protection  of man 
and the  environment,  and  consolidates  the  various 
amendments  made  to it over  the years  to provide  a 
clear  view  of all provisions  on classification,  packaging 
and labelling  of dangerous  substances. 
1.2. However,  the Committee  feels  it must  mention 
the difficulties  it encountered  in considering  the 
proposal,  due  partly  to the  fact  that  the traditional 
'Explanatory  Memorandum'  does  not  go  into 
sufficient  detail  about  the changes  made  in the form 
of the 1967  Directive,  and  fails  to identify  the various 
amendments  which  have  been  made  over  the  years 
or to explain  the  changes  in the  numbering  of the 
Articles. 
1.3. The  Committee  considers  that  the  proposal 
fulfils  the  justified  requirements  of  a proper 
protection  of the health  of workers  and  of the public 
at large  such  as were  recently  discussed  at the Pan-
European  Trade  Union  Conference  on  the 
Humanization  of Work,  Geneva,  28 February  1975. 
1.4. This  proposal  will  also  achieve  one  of the 
primary  objectives  of the  Community's  Action 
Programme  on the  Environment,  in that  the  manu-
facturer  will  be under  an obligation  to test  new 
substances  before  placing  them  on the market  and  to 
notify  them  at the time  of or after  introducing  them 
on to the market  to the public  authorities  (1). 
1.5. The  proposal  will  be  of great  value  in 
preventing  hazards  to man  and  the  environment 
H OJ  No C 112,  20. 12. 1973,  p. 20. 
11.5.77 Official  Journal  of the European  Communities No C 114/21 
arising  from  the  use  of the  chemical  substances 
defined  as 'new  substances'.  However  though  not 
wishing  to play  down  the  difficulties  such  an 
extension  would  involve,  the Committee  regrets  that 
the Directive  could  not  be made  to apply  to all 
dangerous  substances,  since  the previous  Directives 
did not  contain  a notification  requirement  and  did 
not include  protection  of the environment  amongst 
their  aims. 
1.6. The  Committee  nevertheless  welcomes  the 
Commission's  statement  that  it intends  to review  the 
rules  governing  the use of all dangerous  substances 
in the second  Community  Environment  Programme. 
1.7. A  licensing  procedure  for dangerous  substances 
would  certainly  be  the  most  effective  way  of 
protecting  workers,  the community  at large  and  the 
environment.  The  Committee,  however,  recognizes 
the difficulties  this  would  entail  both  as regards 
the choice  of national  and  Community  agencies  to 
carry  out the licensing  and  their  capacity  to do so, 
and the obstacles  which  licensing  might  put in the 
way of the  development  of trade  and  industrial 
technology. 
1.8. In  view  of these  difficulties,  the Committee 
accepts  the  proposed  more  limited  procedure  of 
notification,  which  will  still  enable  significant 
progress  to be made  towards  a better  knowledge  of 
dangerous  substances  and  the  associated  hazards, 
and thereby  increase  the scope  for preventive  action. 
1.9. However,  the Committee  calls  on the Commis-
sion to consider  the  possibility  of introducing  a 
licensing  procedure  for  certain  highly  dangerous 
substances. 
1.10.  The  Committee  also  calls  upon  the Commis-
sion to expedite  as far as possible  its research  to 
establish  recommended  methods  and  evaluation 
criteria  for the laboratory  analyses. 
2. Scope 
2.1. The  Committee  notes  the  Commission's 
statement  that  Article  2 (1) (c) must  be construed 
as referring  only  to 'new  substances',  but  that  this 
also means  'mixtures'  inasmuch  as they  contain  'new 
substances'. 
2.2. The  Committee  would  point  out  that  such 
an interpretation  leaves  a legal  loophole  as regards 
new preparations.  It therefore  requests  the Commis-
sion to submit  a new  proposal  on these. 2.3. The  Committee  agrees  with  the Commission 
that the term  'conditions  of use'  must  refer  both  to 
the uses  for which  the  substance  is intended  and 
instructions  for use.  It should  be made  clear  in the 
Directive  that  'conditions  of use'  has  this  double 
meaning. 
2.4. The  Committee  considers  the  definition  of 
'environment'  in Article  2 (1) (d) to be merely  a guide 
and not  a full  definition.  Under  the  Community 
Environment  Programme  within  which  it is necessary 
to operate  in all cases,  'environment'  is a much  wider 
concept  and  it is necessary  to take  account  of this 
wider  concept  in order  to be fully  consistent  with  the 
aims  of the proposed  Directive. 
3. Notification  requirement 
3.1. The  proposal  provides  that  as from  1 January 
1979  new  substances  placed  on the market  as such 
or in mixture  must  first  be notified  to the authorities 
appointed  by the Member  States. 
3.2. The  Committee  agrees  with  the Commission 
that the notification  requirement  must  apply  to all 
new substances,  in order  to identify  those  properties 
of each  new  substances  which  must  be taken  into 
account  for the purposes  of safety  and the prevention 
of hazards  to man  and the environment. 
3.3. The  Committee  supports  the rule  that  new 
substances  must  be notified  to the Commission  and 
the other  Member  States,  since  it is in keeping  with 
the Directive's  basic  objective  of prevention  through 
a thorough  knowledge  of the facts. 
3.4. The  Committee  considers  that  the  general 
conditions  laid  down  for new  substances  placed  on 
the market  must  in all  cases  apply  until  the 
substance  in question  is listed  in Annex  I. It can only 
be seen  whether  exemption  from  notification  is 
justified  in the light  of the results  of the tests  that 
have  to be carried  out  prior  to listing  of the 
substances. 
4. Adaption  of the Directive  in the light  of 
technical  progress 
4.1. The  Committee  supports  the  procedure  in 
Articles  18 and  19 for the listing  of new  substances 
in Annex  I after  the entry  into  effect  of the Directive 
and for  amendments  to the  conditions  of use  of 
substances,  since  it fully  meets  the requirements  of 
prevention  and  of the speed  that  is vital  when  acting 
to protect  human  health  and the environment. 
No C 114/22 Official  Journal  of the European  Communities 11.5.  77 
5. Specific  comments 
5.1. Article  1 (2) 
5.1.1.  The  Committee  moves  that  the following  be 
added  to Article  1 (2) (d). 
'to the  extent  that  such  are  covered  by other 
EEC  Directives'. 
5.2. Article  1 (3) 
5.2.1.  The  Committee  considers  that  the Commis-
sion should  intensify  its efforts  to obtain  international 
agreements  on  the  classification,  packaging  and 
labelling  of dangerous  substances. 
5.3. Article  2 (1) 
5.3.1.  The  Committee  suggests  that  Article  2 (1) (c) 
be amended  to read: 
. . with  the  exception  of those  made  available 
for research  purposes'. 
5.4. Article  2 (2) 
5.4.1.  The  Committee  proposes  replacing  Article 
2 (2) (i) by: 
'substances  and  preparations  the  use  of which 
causes  or may  cause  damage  to the environment either  immediately  or after  a certain  period  of 
time'. 
5.5. Article  8 
5.5.1.  The  Committee  suggests  that  Article  8 (b) be 
amended  as follows: 
'where  covered  by existing  Community  rules,  as 
substance  or in mixture  for ...'. 
5.6. Annex  VI 
5.6.1.  Possibilities  of disposal 
5.6.1.1.  The  Committee  is pleased  to note  that  the 
Commission  has  tackled  the problem  of toxic  wastes 
in a specific  vertical  Directive  based  on the  same 
information  principles  as the present  proposal. 
5.7. Annex  VII 
5.7.1.  The  Committee  suggests  that  some 
emergency  measures  be indicated  under  2.4,  such  as: 
'— Antidotes  for human  use 
— Decontamination  processes'. 
5.8. The  Committee  also  has  a number  of 
technical  comments  to make  on the Annexes.  These 
are given  in the accompanying  report. 
Done  at Brussels,  30 March  1977. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on  the  proposals  for  a Council  resolution  concerning  consultation  at 
Community  level  on the siting  of power  stations,  and 
a Council  Regulation  on the introduction  of a Community  consultation  procedure  in 
respect  of power  stations  likely  to affect  the territory  of another  Member  State 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 31 of 8 February  1977,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 23 December  1976  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  198  of the  Treaty 
establishing  the  European  Economic  Community  and  of Article  170  of the  Treaty 
establishing  the European  Atomic  Energy  Community.