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'
Date: 1998-04-29
Institutions: European Economic and Social Committee
Subjects: approximation of laws, carcinogenic substance, consumer protection, dangerous substance, marketing

10.7.98

EN

Official Journal of the European Communities

C 214/73

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’ (1)

(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

Commission Directive 96/54/EC (2) (22nd Adap-
1.1.
tation 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 (3) (‘Dangerous Substances’ Direc-
tive).

1.2.
The review of information on the new classifi-
cation 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.

Directive 94/60/EC (4), the 14th amendment to
1.3.
Directive 76/769/EEC (5) 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 intro-
duces 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 amend-
ment have been consulted and have confirmed that they

(1) OJ C 59, 25.2.1998, p. 5.
(2) OJ L 248, 30.9.1996.
(3) OJ L 196, 16.8.1967.
(4) OJ L 365, 31.12.1994.
(5) OJ L 262, 27.9.1976.

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 work-
place, the requirements of the Carcinogens Directive
(90/394/EEC) (6) apply to the newly classified c/m/r
substances.

3. General comments

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

The Committee especially welcomes the steps
3.2.
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,
full
implementation of which is considered essential by the
Committee.

the

The Committee recognizes the importance of
3.3.
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
the requirements of Directive
classification under
67/548/EEC, as it already stated in its Opinion on the
17th amendment to Council Directive 76/769/EEC (7).

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

(6) OJ L 196, 26.7.1990.
(7) OJ C 133, 28.4.1997.

C 214/74

EN

Official Journal of the European Communities

10.7.98

be prior consultation of the various socio-economic
partners and interests involved.

It is noted that none of the newly classified c/m/r

3.4.
substances are sold to the general public.

Brussels, 29 April 1998.

The President

of the Economic and Social Committee

Tom JENKINS

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Regulation
(EC) establishing common rules and procedures to apply to shipments to certain non-OECD
countries of certain types of waste’

(98/C 214/21)

On 31 March 1998 the Council decided to consult the Economic and Social Committee, in
accordance with Article 130s of the Treaty establishing the European Community, on the
above-mentioned proposal.

At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee
appointed Mr Gafo Ferna´ndez as rapporteur-general and adopted the following opinion by
74 votes, with one abstention.

1.

Introduction

1.1.
This proposal dates back to 1994 and the referral
to the ESC stems from the broadening of the legal basis
initially proposed by the European Commission to
include both Article 130s and Article 113 (the original
legal basis for the regulation).

The time which has elapsed since the draft
1.2.
regulation was originally submitted bears witness to
difficulties in adopting the proposal, but it also means
that the circumstances justifying the submission of the
proposal have changed substantially.

1.3.
The Economic and Social Committee has already
issued an opinion (1) on another draft regulation, Regu-
lation No 259/93, which sought to prepare a common
position on amending the Basel Convention in relation
to the blanket ban on exports of ‘amber’ and ‘red’ list
waste to non-OECD (2) countries. The comments made
by the ESC at the time, particularly in relation to

the need to distinguish between non-dangerous and
dangerous waste and the need to authorize the restricted
export of ‘green’ list waste for recycling, are still valid.

1.4.
Consequently, the ESC will simply comment on
those aspects of the current regulation not covered by
Council Regulation 259/93.

2. General comments

regulations

in the future,

2.1.
Leaving aside the legal nature of the discussion
on the appropriate legal basis for the regulation and
the Committee
similar
acknowledges that Article 113 is the main legal basis,
although it takes the view that Article 130s should also
be included This would highlight the environmental
dimension, the main reason for the proposal, which is
designed to counterbalance the strictly commercial
aspects of waste shipment. Using Article 113 would
also enable other Community institutions such as the
European Parliament and the ESC itself to contribute to
the discussion, improvement and final adoption of the
proposal.

(1) OJ C 18, 22.1.1996.
(2) Organization for Economic Cooperation and Develop-

ment.

2.2.
The Committee considers that it is up to countries
asked to receive shipments of ‘green’ list waste for
recycling and upgrading to decide whether or not they