Proposal for a COUNCIL DIRECTIVE amending for the fourteenth 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
Date: 1993-04-02
Institutions: European Commission
Subjects: approximation of laws, consumer protection, dangerous substance, health risk, marketing, nickel

ISS ION OF THE EUROPEAN  COMMUNITIES 

C0MC93) 134 def. - SYN 456 

Brussels, 2  Apr!I  1993 

Proposal  for a 

COUNCIL DIRECTIVE 

amending  for  the  fourteenth  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 
préparât ions. 

(presented by the Commission) 

am 

'^mamm: 

•«<;:sa#l 

I~«!fl 

s i^rît 

^ ^ . s s ja 

EXPLANATORY  MEMORANDUM 

I . 

Introduct ion 

On  27th  June  1989  Denmark  adopted  a  law  providing  for  a  ban 
of  the  use  of  nickel  in  a  wide  range  of  Jewellery  and  other 
personal  items  where  the  rate  of  nickel  release  may  exceed  a 
certain  threshold  value.  The  purpose  of  the  law  was  to 
possible 
protect 
sensitizing  effects  of  nickel  items  coming  into  contact  with 
the  skin. 

consumers 

health 

from 

the 

the 

of 

On  21st  March  1991  Germany  notified  the  Commission  and  other 
Member  States  of  its  intention  to  regulate  in  the  same 
field.  However,  unlike  in  the  Danish  case,  the  approach 
proposed  was  to  ban  the  use  of  nickel  in  posts  for  ear-
piercing  and  to  require  labelling  of  all  nickel  containing 
Jewellery  coming  into  contact  with  the  skin. 

The  Commission  having  examined  these  divergent  legislative 
initiatives,  having  received  a  letter  expressing  the  concern 
of  the  Italian  authorities  and  having  consulted  experts  from 
all  Member  States  gave  notice  of  its  intention  to  propose  to 
the  Council  an  amendment  to  Annex  I  of  Council  Directive 
the 
for  harmonized 
76/769 
marketing  and  use  of  certain  nickel  containing  items  which 
contact  the  skin. 

limitations  on 

to  provide 

The  Commission  considers  that  this  proposal  is  consistent 
with  the  Principle  of  Subsidiarity  and  with  the  requirement 
under  the  Treaty  to  take  as  of  base  in  its  harmonization 
proposals  a  high  level  of  protection  concerning  health, 
safety,  environmental  protection  and  consumer  protection. 

I I.  Background 

Nickel 
is  widely  used  in  costume  Jewellery  and  other 
personal  items  coming  into  contact  with  the  skin.  Not  only 
is  it  cheap  but  it  is  especially  resistant  to  corrosion  that 
may  result  from  human  perspiration. 

Unfortunately,  however,  up  to  10%  of  certain  population 
groups  are  sensitized  to  nickel  and  may  suffer  allergic 
reactions  in  the  form  of  skin  irritation  and  eczema  when 
they  come  into  intimate  and  prolonged  contact  with  nickel 
containing  personal  items.  There  is  evidence  of  increase  in 
the  numbers  of  sensitized  persons  and  that  the  phenomenon  is 

particularly  prevalent  among  teenagers. 

Consumers  become  sensitized  after  exposure  to  a particularly 
high  concentration  of  nickel.  This  usually  occurs  when 
parts  of  the  body  such  as  ears  and  noses  are  pierced  and  a 
nickel  containing  post  is  inserted  into  the  cavity  during 
healing  of  the  piercing  wound. 

Jewellery  may  suffer 

Sensitised  persons  subsequently  coming  into  intimate  and 
prolonged  contact  with  nickel  containing  items  such  as 
reaction. 
costume 
Irritation  may  not  be  limited  to  the  point  of  contact;  there 
may  be  secondary  spread  to  flexural  areas,  hands  and 
eyelids.  Such 
nickel 
dermatitis  can  usually  be  treated  successfully  with  a  skin 
cream  (topical  corticosteroids)  but  may  recur  on  further 
contact  with  a nickel  containing  item. 

an  allergic 

reactions, 

allergic 

known 

as 

Essentially  there  are  two  families  of  nickel  containing 
personal  goods  which  when  used  in  a  prolonged  contact  with 
the  skin  can  provoke  nickel  dermatitis  in  sensitized 
persons.  The 
alloys 
containing  nickel  and  the  second  family  contains  nickel  but 
coated  with  a non-nickel  coating.  Both  families  include  the 
same  types  of  products;  examples  are  earrings,  necklaces, 
bracelets,  wrist  watch  cases  and  straps,  spectacle  frames, 
zippers  but  there  are  many  others.  Typically  such  products 
are  cheap  fantasies  and  have  a short  life. 

homogeneous 

family 

first 

uses 

Given  the  hazards of  nickel  and  that  consumers  are  likely  to 
be  exposed  to  these  hazards  in  every  day  situations  it  is 
desirable  that  the  use  of  nickel  be  limited  especially  in 
the  posts  for  piercing  wounds  but  also  in  the  case  of 
Jewellery  and  other  personal  items  coming  into  intimate  and 
prolonged  contact  with  the skin. 

III. Def init ion of  Nickel 

Nickel  is  a  silvery  metal  placed  in  Group  VIII  of  the 
Periodic  Table  together  with  cobalt  and  iron.  It  is 
identified  by  the  following: 
CAS  N*:  9440-02-0 
EINECS  N':  2311114 

IV.  Properties  of  Nickel 

Initial  sensitization  to  nickel  as  mentioned  above  usually 
occurs  when  parts  of  the  body  are  pierced  and  a  nickel  post 
is  inserted  in  the  piercing  wound.  Sensitization  takes  the 

form  of  an  irreversible  reaction  of  the  immune  system  which 
spreads  from  the  wound  and  becomes  generalised  throughout 
the  body. 

Nickel  dermatitis  may  occur  subsequently  when  sensitised 
persons  come  into  intimate  and  prolonged  contact  with  nickel 
containing  items  such  as  custom  Jewellery.  The  probability 
of  an  allergic  reaction  has  been  shown  to  depend  upon  the 
rate  of  nickel  release  where  skin  contact  takes  place. 
Danish  research  has  shown  that  no  reaction  is  likely  where 
the  rate  of  release  is  less  than  0.5/xg/cm2/week. 

V. 

Existence  of  substitutes 

Substitutes  for  nickel  are  available  in  all  the  nickel 
applications  restricted  by  this  proposal. 

In  the  case  of  posts  for  pierced  body  parts  the  preferred 
substitute  is  titanium  though  silver  might  also  be  used.  The 
higher  cost  of  these  metals  is  hardly  significant  in  view  of 
the  limited  number  of  posts  used  and  their  small  size. 

The  most  suitable  substitutes  for  nickel  in  uncoated  nickel 
items  contacting  the  skin  are  stainless  steel  and  white 
gold. 

The  solution  in  the  case  of  coated  items  is  not  to  remove 
the  nickel  but  rather  to  increase  the  thickness  of  noble 
metal  coating  on  the  surface  (typically  silver,  gold  or 
rhodium). 

VI.  Cone lus ion 

It  is  concluded  that  the  use  of  nickel  in  personal  items 
coming  into  intimate  and  prolonged  contact  with  the  skin  may 
under  certain  circumstances  pose  a  danger  to  the  health  of 
consumers.  The 
the 
foI low!ng: 

therefore 

strategy 

proposed 

is 

The  use  of  nickel  in  posts  for  pierced  ears  and  other 
pierced  body  parts  should  be  banned. 

The  rate  of  nickel  release  from  those  parts  of  nickel 
containing  personal  items  in  intimate  and  prolonged 
contact 
to 
0.5/*g/cm2/week. 

limited 

should 

with 

skin 

the 

be 

The  rate  of  nickel  release  form  the  items  in  (b)  which 
have  in  addition  a  non-nickel  coating  should  be  limited 
to  0.5/ug/cm2/week  for  at  least  three  years  of  normal 
use. 

VII.  Conformity  with  the  Treaty 

It  is  clear  from  the  foregoing  that  this  proposal 
is 
intended  to  afford  a  high  level  of  protection  for  consumers 
and  is  therefore  in  conformity  with  Article  100A(3)  of  the 
Treaty. 

The  proposal  does  not  call  for  any  special  provisions  of  the 
kind  referred  to  in  Article  8c  of  the  Treaty. 

è 

VIII  Consultation 

of 

the 

European 

Parliament 

and 

the 

Economic  and  Social  Committee 

the 
In  compliance 
is 
Cooperation  Procedure  with 
applicable.  The  Economic  and  Social  Committee  has  to  be 
consul ted. 

the  European  Parliament 

the  Treaty, 

100A  of 

Article 

with 

Proposal for a 
COUNCIL DIRECTIVE 

amending for the fourteenth 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. 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a thereof, 

Having regard to the proposal from the Commission,1 

In cooperation with the European Parliament,2 

Having regard to the opinion of the Economic and Social 
Committee,3 

Whereas article 8A of the Treaty establishes an area without 
internal barriers  in which the free circulation of goods, of 
persons, of services and capital  is assured; 

Whereas work on the  internal market should gradually  improve 
the quality of  life, health protection and consumer safety; 
whereas the measures proposed by this Directive are  in line 
with the Council resolution of 9 November  1989 on future 
priorities for relaunching consumer protection policy;4 

1 
2 
3 
4 

0J No 
0J No 
0J No 
0J No C 294 of 23.11.1989 p. 1 

£> 

Whereas  the  presence  of  nickel  in certain  objects  coming 
into direct  and  prolonged  contact  with  the  skin  may  cause 
sensitisation of  man  to nickel  and  may  lead  to  allergic 
reactions; whereas  for  these  reasons  the use of  nickel  in 
such  objects  should  be  limited; 

Whereas  one Member  State  has  already  introduced  a set  of 
control  measures  on  its territory  to counteract  nickel 
sens itisation  and  nickel  allergy,  a second  Member  State 
plans  to  introduce  on  its  territory  a different  set  of 
control  measures  and  that  there  exists  therefore  a  risk  of 
barriers  to  trade; whereas  it  is therefore  necessary  to 
approximate  the  laws of  the Member  States  in this  field  and 
consequently  amend  Annex  I to Directive 76/769/EECC5) as 
last  amended  by  Directive 91/339/EEC(6); 

Whereas  the  test  methods  needed  to check  conformity  with  the 
essential  requirements  detailed  in the  annex  hereto  will  be 
the subject  of  a European  standard  to be  incorporated  in an 
annex  to  this Directive; whereas  recourse  shall  be made  to 
the  test  methods  detailed  in this  annex; 

Whereas  limitations already  adopted  or  planned  by  certain 
Member  States  on  the use of  nickel  directly  affect  the 
completion  and  functioning  of  the  internal  market;  whereas 
it  is therefore  necessary  to approximate  the  laws of  the 
Member  States  in this  field  and  consequently  amend  Annex I 
to Directive 76/769/EEC,5  as  last  amended  by  Directive 
91/339/EEC;6 

HAS ADOPTED  THIS  DIRECTIVE: 

Article 1 

Annex  I to Directive  76/769/EEC  is hereby  amended  as  set  out 
in the Annex  hereto. 

Article  2 

1. 

Member  States  shall  adopt  and  publish  the  laws, 
regulations  and  administrative  provisions  necessary  to 
comply  with  this  Directive  no  later  than  1 year  after 
the  date of  its adoption  and  shall  forthwith  inform  the 
Commission  thereof.  They  shall  apply  these  provisions 
from  (3 months  after  the  date  stated  above). 

5 
6 

OJ  No L  262, 27.9.1976,  p.201. 
OJ  No L  186 Of  12.7.1991  p.  64 

2. 

When  Member  States  adopt  the abovementioned  provisions, 
these  shall  contain  a  reference  to  this Directive  or 
shall  be accompanied  by  such  reference  at  the  time of 
their  official  publication.  The  procedure  for  such 
reference  shall  be adopted  by  the Member  States. 

This Directive  is addressed  to  the Member  States. 

Article  3 

Done  at  Brussels, 

For  the Council 

AD 

xx. Nickel 

CAS  N*7440-02-0 
EINECS  N'2311114 
and  its  compounds 

ANNEX 

May  not  be  used: 

1.  in post  assemblies  which 
are  inserted  into  pierced 
ears  and  other  pierced  parts 
of  the human  body  during 
ephithe Iisation of  the  wound 
caused  by  piercing,  whether 
subsequently  removed  or  not, 
unless  such  post  assemblies 
are  homogenous  and  the 
concentration of  Nickel  -
expressed  as mass of  nickel  to 
total  mass  -  is  less  than 
0.05% 

2.  in products  such  as  the 
foI Iow i ng: 

-  earr ings 
-  necklaces, bracelets  and 
chains,  anklets,  finger  rings, 
hair  ci ips and  si ides 
- wrist  watch  cases, watch 
straps  and  tighteners 
-  spectacle  frames 
-  buttons,  tighteners,  rivets, 
zippers and metal  marks, when 
these  are used  in garments 

if the  rate of  nickel  release 
from  the  parts of  these 
products  coming  into direct 
and  prolonged  contact  with  the 
skin  is greater  than  0.5 
/Ltg/cm2/week 

3.  In products  such  as  those 
Iisted  in paragraph  2  above 
where  these  have  a  non-nickel 
coating  unless  such  coating 
is sufficient  to ensure  that 
the  rate of  nickel  release 
from  those  parts of  such 
products  coming  into  direct 
and  prolonged  contact  with  the 
skin will  not  exceed  0.5 
/Ltg/cm2/week  for  a period  of  at 
least  3 years of  normal  use of 

/> 

the product. 
Furthermore, products which 
are the subject  of  paragraphs 
1, 2 and  3 above, may  not  be 
placed on  the market  unless 
they conform  to the 
requirements of  these 
paragraphs 

A\-

FINANCIAL  STATEMENT 

SECTION  1:  FINANCIAL  IMPLICATIONS 

1. 

Title  of  operation 

Proposal 
76/769/EEC 

for  a  fourteenth  amendment 

to  Directive 

2. 

Budget  heading  involved 

Article  B5-300:  completing  the  internal  market 

3. 

Legal  basis 

Article  100a  of  the  Treaty 
Council  Resolution  of  7  May  1985  on  a  new  approach 

to  technical  harmonization  and  standardization 

4. 

Description  of  operation 

4.1  Specific  objective  of  operation 

The  proposed  operation  involves: 
-  restricting  the  marketing  and  use  of  nickel  in 
personal  goods  coming  into  intimate  and  prolonged 

contact  with  the  skin 

4.2  Durât ion 

This  is a  "one-off"  operation 

~ 

4.3  Target  population 

Industrialists  and  consumers 

5. 

Classification  of  expenditure 

Differentiated  appropriation 
Non-compulsory 

6.  Type of expenditure 

by 

the  "Commission 

The  expenditure  would  consist  of  financial  support 
granted 
standardization 
organizations.  As  in the case of other  "New Approach" 
directives,  the  Commission  intends  to  entrust  the  CEN 
with  the  task  of  drafting  harmonized  standards.  The 
necessary  mandate  for  this  task  comes  under  the 
framework  contract  signed  on  10  October  1985,  which 
provides  for  Just  such  financial  support  from  the 
Commiss ion. 

to 

7.  Financial  impact on appropriations for operations 

7.1  Method of calculating  the cost 

The  calculation  method  relating  to  Article  B5-300 
applies  here.  According  to  calculations  performed  by 
the European Committee for Standardization (CEN) on the 
basis  of  their  experience  of  existing  mandates,  the 
average  cost  to the Commission  of each  new standard  is 
ECU 50.000. 
As  two  standards  are  to  be  introduced,  the  impact 
should be about ECU 100.000. 

7.2  Proportion of the mini-budget 

N/A 

7.3  Schedule  of  commitment 

approorlat ions 
(Article 5B-300) 

(CE)  and  payment 

(CP) 

£1 
100.000 

1993 

1994 

ÇP 
50.000 

50.000 

TOTAL 

100.000 

100.000 

8.  What anti-fraud measures are planned? 

Expenditure  under  the  CEN  contract  is  subject  to  the 
anti-fraud  measures  laid  down  in  that  contract  and  to 
any audits carried out by CEN. 

AM 

SECTION  2:  ADMINISTRATIVE  EXPENDITURE 

No  new  administrative  expenditure  is  foreseen.  Any  meetings 
to  be  held  would  take  place  pursuant  to  Directive  76/769/EEC 
in  the  framework  of  which  the  "Technical  Progress  Committee: 
Dangerous  Substances  and  Préparations"  would  be  convoked, 
and  would  be  covered  by  the  budget  for  that  Directive.  The 
estimated  annual  budget  for  this  Committee  is  made  up  of 
174.000  ECU  for  meetings  of  experts  (01/03/U/080)  and  12.000 
ECU  for  meetings  of  the  Committee  itself  (01/03/T/080). 
However,  no  extra  meetings  are  foreseen  at  this  time. 

SECTION  3:  ELEMENTS  OF  COST-EFFECTIVENESS  ANANLYSIS 

1. 

Objective  and  coherence  with  financial  programming 

1. 

The  aim  of  the  proposed  operation  is  to  harmonize 
restrictions  on  the  marketing  and  use  of  certain 
personal  goods  containing  nickel  so  as  to  avoid 
creating  obstacles  to  trade  and,  at  the  same  time,  to 
provide  a  high  level  of  protection  for  consumers. 

The  proposal 
lays  down  essential  requirements  for 
control  of  nickel.  These  will  provide  a  solid  basis 
for  standardization  in  Europe.  The  amount  of  work  to 
be  done  on  standards  should  thus  be  reduced  and, 
consequently 
budget 
lessened. 

the  Community 

impact 

the 

on 

2. 

The  operation  Is  incorporated  in  DG  Ill's  financial 
in  the  appropriations 
programming  and  is  included 
and 
standardization 
to 
allocated 
harmoni zat ion. 

technical 

3. 

The  general  objective  is  to  complete  the  internal 
market. 

II.  Grounds  for  the  operation 

Harmonization  serves  to  prevent  obstacles  to  trade  and,  at 
the  same  time,  to  provide  a  high  level  of  protection  for 
consumers.  Standardization  is  necessary  in  the  case  of 
personal  goods  containing  nickel;  otherwise  the  various 
tests  and  conditions  considered  necessary  before  marketing 
the  product  might  act  as  obstacles  to  trade. 

III.  Monitoring  and  evaluation  of  the  operation 

The  Committee  set  up  under  Directive  76/769/EEC  will  be 
responsible 
this 
D i rect i ve . 

application 

monitoring 

the 

for 

of 

E v a l u a t i on  will  be  c a r r i ed  out  annually  via  the  p r o g r e ss 
reports  on  the  a d o p t i on  of  the  standard  drafted  by  the  CEN 

•LC 

COMPETITIVENESS  AND  EMPLOYMENT  IMPACT  ASSESSMENT 

i. 

Nature  and  Rationale  of  the  Measure 

The  current  proposal  concerns  restrictions  on  the 
marketing 
its  compounds. 
Specifically  it  limits  the  use  of  nickel  in  certain 
goods  of  a  personal  nature  which  come  into  intimate  and 
prolonged  contact  with  the  skin. 

and  use  of  nickel 

and 

to 

nickel 

sensitization 

The  objective  of  the  measure  is  to  protect  consumers 
from 
nickel 
dermatitis.  Sensitization  usually  occurs  following  ear 
piercing  and  is  attributed  to  the  nickel  content  of 
posts  inserted  in  the  pierced  hole  during  the  period 
when 
sensitized 
consumers  may  suffer  from  nickel  dermatitis  each  time 
nickel 
intimate  and 
containing  objects  come 
prolonged  contact  with  their  skin. 

is  healing.  Once 

wound 

from 

into 

the 

and 

so 

The  proposal  would  ban  the  use  of  nickel  in  piercing 
posts  and  stipulate  that  nickel  release  should  be 
limited  from  all  nickel  containing  objects  coming  into 
intimate  and  prolonged  contact  with  the  skin. 

The  proposal  takes  the  form  of  an  amendment  (the  14th 
amendment)  to  Directive  76/769/EEC,  the 
framework 
directive  to  limit  the  marketing  and  use  of  dangerous 
new 
preparations.  It 
substances 
legislative 
of 
so 
previous 
subsidiarity 
amendments  Community 
to 
protect  the  Internal  Market  this  being  impossible  to 
achieve  by  Member  States  acting  alone. 

that 
arise.  As 

à 
not 
question 

is  essential 

intervention 

departure, 

is 
the 

does 

with 

not 

and 

II.  Features  of  the  Business  in  Question 

and 

jewellery 

clothing.  Thus 

The  main  businesses  to  be  affected  by  the  measure  are 
custom 
companies 
producing  piercing  posts  must  stop  using  nickel  and 
producing  cheap  earrings,  necklaces,  bracelets,  watches 
and  other  fantasy  type  jewellery  products  must  limit 
their  use  of  nickel.  So  too  must  companies  making 
garments  e.g.  Jeans,  brassiers  etc.  limit  the  use  of 
nickel  in  buttons,  rivets,  zippers  etc.  where  these 
come  into  intimate  and  prolonged  contact  with  the  skin. 

There  are  at  least  two  companies  in  the  Community  (F, 

U K)  m a k i ng  p i e r c i ng  p o s t s. 

Much  of  the  c h e ap  Jewellery  c o n c e r n ed  and  many  of  the 
g a r m e n ts  are  imported  into  the  C o m m u n i ty  from  third 
c o u n t r i es  e.g.  from  South  East  A s i a,  United  S t a t es  and 
C a n a d a.  Only  5 0%  of  these  i n d u s t r i es  are  thought  to  be 
C o m m u n i ty  b a s e d. 

III.  What  direct  o b l i g a t i o ns  d o es  the  m e a s u re  impose  on 

Industry? 

The  Jewellery  industry  m u s t: 

(a) 

(b) 

(c) 

replace  nickel  by  a n o t h er  metal  e.g.  titanium  or 
s i l v e r,  in  p i e r c i ng  p o s t s. 

reduce  the  use  of  nickel  in  h o m o g e n e o us  nickel 
alloy  p a r ts  coming  into  intimate  and  p r o l o n g ed 
contact  with  the  skin  e.g.  by  increasing  the  use 
of  s t a i n l e ss  steel  or  w h i te  g o l d. 

increase  the  t h i c k n e ss  of  p r e c i o us  metal  c o a t i n gs 
into 
on  coated  nickel  c o n t a i n i ng  p a r ts  coming 
intimate  and  p r o l o n g ed  contact  with  the  s k i n. 

The  o b l i g a t i o ns  of  the  c l o t h i ng  industry  will  be  m a i n ly 
of  the  type  ( b ). 

h a ve 

c o n c e rn 

industry 

The 
the 
e x p r e s s ed 
i m p l e m e n t a t i on  of  the  type  (b)  and  (c)  o b l i g a t i o ns  as 
For 
s u i t a b le  test  m e t h o ds  are  not  p r e s e n t ly  a v a i l a b l e- 
this  reason  the  C o m m i s s i on  will  m a n d a te  CEN  to  develop 
s u i t a b le  m e t h o ds  in  the  p e r i od  p r e c e d i ng  implementation 
( P r e l i m i n a ry  work  has  been  u n d e r w ay  since  February  1992 
in  CEN  Technical  C o m m i t t ee  N o.  2 8 3,  W o r k i ng  Group  No. 
4 ) . 

about 

IV.  What  indirect  o b l i g a t i o ns  are  local  a u t h o r i t i es  likely 

to  impose  on  b u s i n e s s? 

N o n e. 

V. 

Are  there  any  special  m e a s u r es  in  respect  of  SME's? 

N o.  The  D i r e c t i ve  e s t a b l i s h es  e s s e n t i al 
r e q u i r e m e n ts 
for  nickel  control  that  must  be  met  by  all  c o m p a n i e s, 
large  and  small  so  that  the  p r o t e c t i on  of  consumer 
health  can  be  a s s u r e d. 

V I.  What  is  the  likely  effect  on  (a)  c o m p e t i t i v e n e ss  of 

industry  and  (b)  e m p l o y m e n t? 

A* 

(a) 

X om p et 11Iv en e ss  of  i n d u s t ry 

C o m p a n i es  m a k i ng  p i e r c i ng  p o s ts  will  h a ve  to  use 
m o re  e x p e n s i ve  m a t e r i a l s;  all  will  be  s i m i l a r ly 
a f f e c t e d, 
r e l a t i ve 
h o w e v e r, 
c o m p e t i t i v e n e ss  s h o u ld  not  c h a n g e. 

that 

so 

the 

a n y t h i ng 

If 
j e w e l l e ry  and  c l o t h i ng 
from  the  m e a s u r es  p r o p o s e d. 
will  h a ve  to  c o m p e te 
qua I i ty  g o o d s. 

c o m p e t i t i v e n e ss 

i n d u s t r i es  will 

of 

E u r o p e an 
b e n e f it 
c o m p a n i es 
imports  of  low 

E u r o p e an 

less  w i th 

N e i t h er  the  cost  of  the  m e a s u r es  nor  the  t i m i ng 
are  of  p a r t i c u l ar  c o n c e rn  to  the  i n d u s t r y. 

(b) 

E m p I o y m e nt 

T he  e f f e c ts  on  e m p l o y m e nt  are  likely  to  be  s l i g ht 
and  to  be  felt  m a i n ly  o u t s i de  the  C o m m u n i t y. 

V I I.  C o n s uI tat i on 

T he  f o l l o w i ng  industry  and  c o n s u m er  a s s o c i a t i o ns  w e re 
c o n s u l t ed 
and 
p a r t i c i p a t ed  in  m e e t i n gs  of  the  M e m b er  S t a te  e x p e r t s: 

p r e p a r a t i on 

p r o p o s al 

the 

on 

of 

Interest  G r o up 

R e p r e s e n t a t i ve  A s s o c i a t i on 

Indust ry  (Meta Is) 

E u r o p e an  A s s o c i a t i on  of 
M e ta I s  ( B r u s s eI s) 

C o n s u m e rs 

B E UC 

B o th  are 
E u r o p e an 
A s s o c i a t i on  of  M e t a ls  m a i n t a in  a  r e s e r ve  until  such  a 
t i me  as  a d e q u a te  test  m e t h o ds  a re  d e v e l o p e d. 

in  b r o ad  a g r e e m e n t. 

H o w e v e r,  the 

E u r o p e an 

S t a n d a r ds 

to  d e v e l op 

o r g a n i s a t i on 

the  test  m e t h o ds 

be 
T he 
be 
m a n d a t ed 
n e e d ed  to  c h e ck  that  the  n i c k el  c o n t a i n i ng 
p e r s o n al 
g o o ds  c o v e r ed  by  the  D i r e c t i ve  a re  in  c o n f o r m i ty  w i th 
the  e s s e n t i al 
s e ts 
d o w n. 
D e v e l o p m e nt  of  such  test  m e t h o ds  will  be  f u n d ed 
in  part  by  the  C o m m i s s i on  and  in  part  by  CEN  and  it  is 
i n t e n d ed  that  the  E u r o p e an  S t a n d a r ds  i n c o r p o r a t i ng  the 
test  m e t h o ds  will  be  a v a i l a b le  b e f o re  the  D i r e c t i ve 
e n t e rs  i nto  f o r c e. 

C EN 
will 
that  will 

r e q u i r e m e n ts  w h i ch 

the  D i r e c t i ve 

a 

.^.* 
-•*' 

ES 

A9> 

ISSN 0254-1475 

COM(93) 134 final 

DOCUMENTS 

06 

Catalogue number : CB-CO-93-159-EN-C 

ISBN 92-77-54348-5 

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