Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending for the 21st time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)'
Date: 2000-03-29
Institutions: European Economic and Social Committee
Subjects: carcinogenic substance, consumer protection, health risk, labelling, marketing standard, public health

18.5.2000

EN

Official Journal of the European Communities

C 140/1

II

(Preparatory Acts)

ECONOMIC AND SOCIAL COMMITTEE

Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament and
Council Directive amending for the 21st time Council Directive 76/769/EEC relating to
restrictions on the marketing and use of certain dangerous substances and preparations
(substances classified as carcinogens, mutagens or substances toxic to reproduction - c/m/r)’

(2000/C 140/01)

On 3 February 2000 the Council decided to consult the Economic and Social Committee, under Article 95
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Single Market, Production and Consumption, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 8 March 2000. The rapporteur was Mr Jaschick.

At its 371st plenary session (meeting of 29 March 2000) the Economic and Social Committee adopted
the following opinion by 63 votes.

1.

Introduction

Since 1994 (1) the sale of certain dangerous substances
1.1.
to the ‘general public’ has been prohibited so as to ensure
long-lasting protection against carcinogens, mutagens and
substances toxic to reproduction (c/m/r).

1.3.
No later than six months after publication of new
classifications (3), the Commission must add the newly classi-
fied c/m/r substances (4) to annex I of Directive 76/769/EEC so
that they cannot reach the ‘general public’.

The classification, packaging and labelling of these
1.2.
substances are constantly updated in the light of scientific
findings and technical progress (2).

The present proposal is to add two category 2 carcino-
1.4.
gens and one category 2 toxic for reproduction substance to
the list of dangerous substances and preparations (5).

(1) Directive 76/769/EEC, OJ L 262, 27.9.1976, p. 201, amended by

Directive 94/60//EC, OJ L 365, 31.12.1994, p. 1.

(2) Annex I to Directive 67/548/EEC, OJ L 196, 16.8.1967, p. 1,
last amended by Directive 94/69/EC, OJ L 381, 31.12.1994,
p. 1.

(3) Pursuant to Directive 94/60/EC, OJ L 365, 31.12.1994, p. 1.
(4) The classification procedure is laid down in Directive 67/548/EEC.
(5) The substances are sometimes used in chemical production process-
es and are contained in many heat-resistant ceramic tiles and car
airbags.

C 140/2

EN

Official Journal of the European Communities

18.5.2000

2. General comments

It considers that

The ESC welcomes the prohibition on the use of these
2.1.
substances by the ‘general public’.
this
Commission proposal will help to maintain and promote
public health,
in tandem with the action plan to combat
cancer (1), the communication on the development of public
health policy in the European Community (2), and the com-
munication on a health strategy for the EU scheduled for
2000 (3).

The present 21st amendment to Directive 76/769/EEC
2.2.
contains uniform rules on the use of these dangerous sub-
stances and preparations and in no way impedes the operation
of the single market.

The ESC urges that consideration be given to speeding
2.3.
up the procedure so as to protect the public against such risks
as quickly as possible. The procedure should be simplified and
to some extent made automatic. To date, the Council and
Parliament have not been able to agree on such simplification.

2.4.
The ESC is assuming that these new classifications will
also apply in all EEA countries and will be included in the
negotiations with the applicant countries in good time. In

(1) Decision of

the Commission,

the European Parliament and
Council No 646/96/EC of 29.3.1996 ‘Action plan to combat
cancer within the framework for action in the field of public
health’ (1996-2000), OJ L 95, 16.4.1996, p. 9.

(2) COM(1998) 230 final, Commission Communication of
15.4.1998 on the development of public health policy in the
European Community; ESC opinion, OJ C 407, 28.12.1998,
p. 21.

(3) COM(2000) 186 final, scheduled for end March 2000 in Com-

mission work programme.

Brussels, 29 March 2000.

this respect the ESC advocates closer cooperation with the
organisations and associations responsible for safety and
health in these countries.

3. Specific comments

The ESC welcomes the fact

that the Commission
3.1.
sought the advice of environmental and consumers associ-
ations in the hearings held to prepare the 21st amendment.

The ESC approves the Commission’s policy of preven-
3.2.
tive health protection. It is taking action because of a justified
suspicion that the damage caused to health by these substances
is irreversible. It therefore classifies these substances in the
appropriate category and puts them on the c/m/r list.

3.3.
The ESC assumes that remaining stocks may not be
used up and that the ban will of course also apply to imports.

The ESC wonders whether the term ‘general public’
3.4.
could not be defined more precisely, with a specific mention
of consumers and small craft industries in particular. The ESC
urges that more information on the dangers of these substances
be disseminated, including through the relevant organisations
and associations.

3.5.
In view of the danger of these substances, consideration
should be given to whether the six month period between the
publication of the new c/m/r classification and the subsequent
Commission proposal could be reduced.

3.6.
In the interests of protecting public health, the dead-
lines laid down in Article should also be examined to see if
they need shortening.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI