WRITTEN QUESTION E-1635/96 by Annemarie Kuhn (PSE) to the Commission (24 June 1996)

Subject: Use of azo colorants to dye clothing

In the Federal Republic of Germany, the use of certain azo colorants and the import and placing on the market of consumer articles coloured with these dyes, in particular clothing, has been banned under the 2nd regulation amending the regulation on consumer articles. So far, no comparable bans have been imposed on the use of such articles in any other EU Member State.

In the Commission's view, how serious is the risk of workers contracting cancer through contact with certain colorants, which may release substances in the process of reproductive or enzymatic division which are classified in Directive 67/548/EEC ((OJ 196, 16.8.1967, p. 1. )) as category 1 or category 2 carcinogens?

Is a ban on the use of these colorants deemed to be unnecessary for the avoidance of this risk?

Is a ban on the use of these colorants to dye items of clothing and other articles not intended only to come into temporary contact with the human body considered to be an unnecessary precaution?

Is a ban on the import and placing on the market of articles dyed with these colorants, which are not intended only to come into temporary contact with the human body, considered to be an unnecessary precaution?

When does the Commission intend to take action on this matter?

Answer given by Mr Bangemann on behalf of the Commission (29 July 1996)

The Commission is aware of the German regulation on azo-dyes and pigments as well as textiles and leather goods coloured with these dyes. The Commission has also been notified by the Dutch authorities of a draft law on azo-dyes only and products coloured with azo-dyes. Recent letters from the French authorities and from the European textiles industry have called upon the Commission to propose Community measures to harmonise rules in this area. In this context the Commission will launch a study on any risks which these dyes may cause, analyse the advantages and drawbacks and examine the impact on the internal market caused by the possible ban. The possible ban will be considered together with the Member States on this basis.

Furthermore the production of these substances has been transferred to third countries. Therefore their import should be regarded as a problem for consumers and no longer for workers.

The Commission has no knowledge about the actual risks for workers exposed to azo-dyes which may decompose to carcinogenic substances. However, the Commission is aware of the high risks derived from the exposure to some cleavage products of azo-dyes which might be aromatic amines. Due to the serious health and safety risks following exposure to some aromatic amines Council Directive 88/364/EEC ((OJ L 179, 9.7.1988. )) bans some specific agents and some work activities because precautions are not sufficient to ensure a satisfactory level of health and safety protection of workers. The Annex to this Directive lists 2-naphthylamine and its salts, 4-amino biphenyl and its salts, benzidine and its salts as relevant for this question.

In addition, benzidine based azo-dyes were unanimously considered to be category 2 carcinogens by the committee for technical progress some weeks ago (22nd adaptation to technical progress of Directive 67/548/ECC). As a consequence these chemicals must be labelled with warning labels indicating carcinogenic properties. All substances classified as category 1 or 2 carcinogens fall within the scope of Directive 90/394/EEC ((OJ L 196, 26.7.1990. )) on exposure to carcinogenic agents at work, and the provisions of this Directive shall be taken into consideration in the protection of health of employees.