WRITTEN QUESTION E-1259/01

by David Bowe (PSE) to the Commission

(26 April 2001)

Subject: Reclassification of trichloroethylene

Can the Commission confirm if the proposed labelling of trichloroethylene as R45 under the Solvent Emissions Directive (1999/13/EC(1)) would result in the prohibition of the use of trichloroethylene, and prohibition of the sales to consumers of substances labelled R45 under the 14th amendment (94/60/EEC(2)) of the Marketing and Use Directive (76/769/EEC(3))?

Does the Commission believe that such a prohibition will lead to industries reliant on the technical properties of trichloroethylene to source components from outside the EU, or move their own production to non-EU countries?

If not, why not?

(1) OJ L 85, 29.3.1999, p. 1.

(2) OJ L 365, 31.12.1994, p. 1.

(3) OJ L 262, 27.9.1976, p. 201.

Answer given by Mrs Wallström on behalf of the Commission

(4 July 2001)

The 28th adaptation of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1) to technical progress, as approved by the Technical Progress Committee on 25 January 2001, classifies trichloroethylene as a category 2 carcinogen.

This classification does not automatically lead to restrictions of the marketing and use of trichloroethylene. However, Parliament and Council Directive 94/60/EC of 20 December 1994(2), 14th amendment to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of dangerous substances and preparations(3), introduces the policy of restricting the use by the general public of substances classified as carcinogens, mutagens or toxic to reproduction category 1 or 2 (CMR) and invites the Commission to present proposals to ban the use by the general public of substances newly classified as CMR category 1 or 2. Following the classification as a category 2 carcinogen the Commission will consider adding trichloroethylene to the list of substances banned for use by the general public in Council Directive 76/769/EEC.

With respect to the professional and industrial use, Article 5(6) of Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations(4) sets out that volatile organic compounds (such as trichloroethylene) classified as carcinogens, mutagens, or toxic to reproduction according to Directive 67/548/EEC shall be replaced as far as possible by less harmful substances or preparations within the shortest possible time. According to Article 7(1) of Directive 1999/13/EC, the Commission will publish guidance for such replacement. When developing such guidance, the economic consequences, in particular, the costs and benefits of the options available have to be considered. Industries reliant on the specific technical properties of trichloroethylene may therefore be able to continue using it, if this can be justified on cost-benefit grounds.

Furthermore, trichloroethylene is subject to risk assessment in the framework of Council Regulation 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances(5). Following the finalisation of this risk assessment further risk reduction measures, including restrictions on the marketing and use, may be proposed if appropriate.

(1) OJ B 196, 16.8.1967.

(2) OJ L 365, 31.12.1994.

(3) OJ L 262, 27.9.1976.

(4) OJ L 85, 29.3.1999.

(5) OJ L 84, 5.4.1993.