Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium'
Date: 1998-04-29
Institutions: European Economic and Social Committee
Subjects: European standard, approximation of laws, derogation from EU law, fertiliser, marketing

10.7.98

EN

Official Journal of the European Communities

C 214/15

Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament
and Council Directive amending Directive 76/116/EEC on the approximation of the laws of
the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in
Sweden of fertilizers containing cadmium’

(98/C 214/05)

On 27 March 1998 the Council decided to consult the Economic and Social Committee, under
Article 130s of the Treaty establishing the European Community, on the above-mentioned
proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which
was responsible for preparing the Committee’s work on the subject, adopted its opinion on
31 March 1998. The rapporteur was Mr Strasser, who worked alone.

At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee
adopted the following opinion with 114 votes in favour and three abstentions.

1.

Introduction

In each Member State fertilizers must display
1.1.
certain technical characteristics which are laid down in
binding provisions. Article 7 of Directive 76/116/EEC
stipulated that, without prejudice to the provisions of
other Community directives, Member States might not,
on grounds of composition, identification, labelling or
packaging, prohibit, restrict or hinder the marketing of
fertilizers marked ‘EC fertilizer’ which comply with the
provisions of Directive 76/116/EEC and its annexes.

1.2. Neither Directive 76/116/EEC and its annexes,
nor any other directive, lays down a limit value for the
cadmium content of fertilizers. However, national limits
existed in Austria, Finland and Sweden prior to their
EU accession. In large areas of these countries, especially
in the north of Sweden and Finland and in Alpine
regions, the soil is very poor (e.g. acidic soil containing
highly mobile heavy metals, short summers). Since it
has been proved that the heavy metal cadmium damages
ecosystems, these Member States have decided to mini-
mize the possible risks resulting from the use of fertilizers.

1.3. When Austria, Finland and Sweden negotiated
their EU membership, it was agreed that the limit values
for cadmium laid down in each country should also
apply for four years (i.e. until 1 January 1999) to
fertilizers from other Member States. This constitutes a
derogation from Article 7 of Directive 76/116/EEC.

1.4.
It was also stipulated in the Treaties of Accession
that Article 7 would be reviewed during this four-year
period according to EC procedures insofar as it affected
cadmium. The Commission had a study carried out to
investigate the environmental impact of cadmium in
fertilizers and the possible human risks involved. Because

not enough data were available in all Member States,
the Commission was unable to reach a final conclusion
on the matter. In the Commission’s view, a number of
further questions have to be answered about the special
situation in Austria, Finland and Sweden, too.

1.5.
The study carried out on the Commission’s
behalf also discussed the effects which the derogation
granted to Finland, Austria and Sweden might have on
the free movement of goods, but it concluded that there
was nothing to indicate that the free movement of goods
was being impeded.

2. Commission proposals

2.1.
The Commission proposes that notwithstanding
Article 7 of Directive 76/116/EEC, Austria, Finland and
Sweden should be allowed to continue to restrict
the marketing of fertilizers containing cadmium from
1 January 1998 to 31 December 2001. It also proposes
that further studies be carried out to examine the risks
to health and the environment in the Member States
posed by cadmium contained in fertilizers (including the
risks to the health of vulnerable population groups).
These further studies should be completed by 31 Decem-
ber 2001.

3. Comments

3.1.
The Committee endorses the Commission pro-
posal that, notwithstanding Article 7, Austria, Finland
and Sweden should be allowed to retain their limit
values for cadmium from 1 January 1999 to 31 December
2001, bearing in mind that cadmium is a highly sensitive
issue in these countries.

3.2.
The Committee also endorses the further studies
planned by the Commission. However, these studies
should be concluded in time for Community rules

C 214/16

EN

Official Journal of the European Communities

10.7.98

restricting cadmium in fertilizers to be drawn up by
31 December 2001 on the basis of their findings. The

Committee trusts that the Member States will lend
sufficient support to the Commission in its work.

Brussels, 29 April 1998.

The President

of the Economic and Social Committee

Tom JENKINS

Opinion of the Economic and Social Committee on the ‘Communication from the Commission
to the Council, the European Parliament, the Economic and Social Committee and the
Committee of the Regions on: The Competitiveness of the construction industry’

(98/C 214/06)

On 6 November 1997 the Commission decided to consult the Economic and Social Committee,
under Article 198 of the Treaty establishing the European Community, on the above-mentioned
communication.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 1 April 1998 (rapporteur: Mr
Muller).

At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee
adopted the following opinion, with 117 votes in favour and two abstentions.

1. Preliminary observations

1.1.
The Commission’s communication deserves to
be given particular attention by the Committee for a
number of reasons: it deals with the competitiveness of
an important sector of the EU economy (1) characterized
by a high level of labour intensity and the presence of
an impressive number of small and medium-sized
enterprises (SMEs); it highlights multifarious aspects
relating to all stages of the construction process; finally,
it is submitted at a time when there is a clear need to
improve competitiveness throughout the EU, when
unemployment is the chief issue of concern, whenstructu-
ral changes have to be assessed and planned against the

(1) Key figures concerning the construction sector taken from
Chapter 2 of the Commission’s communication: it is the
largest industrial sector, accounting for 11 % of EU GDP;
it is the largest sector in terms of employment — employing
8,8 million persons which represents 7 % of the working
population; 26 million workers depend, directly or
indirectly, on the construction sector; ‘1=3’ i.e. one job
created in the construction sector indirectly generates two
extra jobs; the sector comprises 2 million enterprises, 97 %
of which have fewer than 20 workers and 94 % of which
have fewer than 10 workers.

background of the single market and a forthcoming
enlargement, and when there is thus an urgent need to
harness the full potential for dynamic economic, social
and technical change and progress.

1.2.
The Committee supports the Commission’s
decision to not just list the issues which need to be
reviewed and set out a broad range of possible courses
of action but make recommendations in respect of four
key objectives (2); these recommendations are to be
fleshed out with a view to being incorporated in an
action programme. In this context attention is drawn to
the importance of the appended lists of recommended
specific action linked to the goal of improving competi-
tiveness.

(2) The four key objectives are: to develop a coherent quality
policy; to improve the regulatory environment and the
general market framework; to promote a substantial,
lasting increase in the level and quality of education and
training in the construction sector; and to reorientate and
reinforce research and development in order to meet the
need for change.