Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (Short Chain Chlorinated Paraffins)"
Date: 2000-11-29
Institutions: European Economic and Social Committee
Subjects: chemical product, dangerous substance, environmental protection, marketing restriction, occupational health, public health

20.4.2001

EN

Official Journal of the European Communities

C 116/27

6.9.
The Committee particularly urges that all enterprises,
whatever their sector of activity, be included in actions relating
to the knowledge-based economy. The European Commission
should therefore revise certain aspects of its communication
in order to improve the focus of its actions by targeting them
more specifically at small- and medium-sized enterprises,
which have untapped capacity for innovation and develop-
ment.

6.10.
Rather than dispersing itself in actions without signifi-
cant impact, the multiannual programme should be used as an

instrument to facilitate access to programmes covering train-
ing, internationalisation, research and innovation.

The Committee recommends incorporating into the
6.11.
programme the initiative on growth and employment in order
to ensure the continuity of actions such as JEV with a high
value added for Europe. On this point, the Committee regrets
that, without prior notice, the Commission has suddenly
interrupted some programmes. The Committee also supports
the European Parliament’s position in favour of an increased
budget, on condition that it is used for well-targeted actions
that meet the needs of the operators.

Brussels, 29 November 2000.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council amending for the 20th time Council Directive 76/769/EEC relating
to restrictions on the marketing and use of certain dangerous substances and preparations (Short
Chain Chlorinated Paraffins)’

(2001/C 116/05)

On 20 July 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 the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 8 November 2000. The rapporteur was
Mr Green.

At its 377th plenary session on 29 and 30 November 2000 (meeting of 29 November), the Economic
and Social Committee adopted the following opinion by 102 votes in favour with one abstention.

1.

Introduction

1.1.
This proposal from the Commission on the Marketing
& Use of Short Chain Chlorinated Paraffins (SCCP) concerns
the protection of the aquatic environment. Its motivation is to
provide environmental protection by prohibiting the use of
short chain chlorinated paraffins in the highly emissive uses of
metal working fluids and leather treatment chemicals, as
determined in Council Regulation (EEC) No 793/93 on the
evaluation and control of the risks of existing substances (1).

(1) OJ L 84, 5.4.1993, p. 1.

1.2.
The proposal also underlines the importance of har-
monisation in the Internal Market. Since some Member States
have already enacted restrictions of marketing and use of short
chain chlorinated paraffins, there is a compelling need for co-
ordinated common action to create EU legislation which will
ensure harmonisation which will also apply to candidate
countries. The Commission proposes to introduce harmonis-
ation measures in the framework of Directive 76/769 on
restrictions of the marketing and use of certain dangerous
substances and preparations. The 20th amendment of that
Directive will ban SCCP in two areas of application, metal
working and leather finishing. Risk reduction measures in
other applications of SCCP such as plasticiser in paints, coating
and sealants, and as flame retardants in rubber, plastics and

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20.4.2001

textiles, should be reconsidered within 3 years of adoption of
this Directive, in the light of the review of scientific knowledge
and technical progress.

1.3.
The proposal is a further amendment to the existing
Directive on the Marketing and Use of Dangerous Substances,
with its text supplemented by technical annexes.

2.

Background

2.1.
Short Chain Chlorinated Paraffins are chemicals manu-
factured by the chlorination of straight chain paraffins of chain
length C10 to C13. In EU they relate to the group of C10-C13
normal alkanes, chlorinated to between 49 % and 70 %
chlorine content. These are referred to by the CAS number
85534-34-8 and the EINECS number 287-476-5.

2.2.
Short Chain Chlorinated Paraffins were included in the
first priority list (Commission Regulation 1179/94) under
the EU existing Substance Regulation 793/93 for the Risk
Assessment process. This was completed in 1999 (1).

For the environment the risk assessment concluded
2.3.
that a risk to aquatic organisms exists arising from the local
emission of short chain length chlorinated paraffins from
metal working applications and leather finishing and from the
formulation of products for these uses. This conclusion also
applies to secondary poisoning arising from formulation and
use in leather finishing, and use in metal working applications.
There is a need for limiting the risks, and risk reduction
measures which are already being applied shall be taken into
account.

2.4.
The conclusion of the risk assessment on the Health
Risk to workers and to consumers was that there is at present
no need for further information and/or testing or for risk
reduction measures beyond those which are being applied
already.

2.6.
At that time the European SCCP producer industry
offered a voluntary agreement in order to restrict supply of
Short Chain Chlorinated Paraffins as far as the metal working
fluid application was concerned and to encourage industry
to use products which were less damaging to the aquatic
environment. Thus lessening the impact on the marine
environment.

2.7.
This voluntary agreement was not accepted by the
Commission. One of the reasons for this was that imports
were not included in the scheme. The process culminated in
the PARCOM Decision 95/1 requiring to discontinue the use
of SCCP by 31 December 1999 with two exceptions: (1) for
plasticisers in dam sealants and (2) for flame retardants for
underground mining conveyor belting, where use was allowed
until 31 December 2004. Not all Member States accepted the
PARCOM Decision.

The industry’s voluntary agreement was also proposed
2.8.
during the discussion on risk reduction measures as part of the
EU existing substance risk assessment process on SCCPs. It
was not accepted by the European Commission.

2.9.
In spite of the unwillingness of the authorities to accept
a voluntary agreement to reduce the risks of SCCPs to the
aquatic environment through their use in metal working fluids,
the European producers have replaced SCCP especially in the
area of metal working fluid by other additives with the result
that sales of SCCP in the EU decreased from 13 000 tonnes in
1994 to 4 000 tonnes in 1998. Further reductions are
anticipated (2).

3.

The Commission proposal

3.1.
Following the existing substances risk assessment of
SCCPs and a review of possible risk reduction measures, the
European Commission has proposed a ban on SCCPs as
substances and as constituents of preparations for the pro-
cessing of metal, and for fat liquoring of leather. Before
1 January 2003, the provisions on SCCP will be reviewed by
the European Commission in the light of any relevant new
scientific knowledge and technical progress.

During the early 1990s, the Paris Commission for
2.5.
the Marine Environment
(PARCOM) expressed a concern
regarding emissions of Short Chain Chlorinated Paraffins to
the marine environment.

The Committee supports in principle the Commission

4.1.
proposal.

4. General comments

(1) OJ L 292, 13.11.1999, p. 42.

in metric tonnes.

(2) See Annex — SCCP sales per year in EU, specified by applications

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4.2.
The proposal for a prohibition of sales of SCCP for use
in metal working fluids will have limited impact both on the
producer industry, and the user industry. A search for possible
processes where SCCP use was essential, carried out by the
European Commission Limitations Working Group in 1999,
did not indicate a requirement for derogations for continued
use of SCCPs, and the overall effect of the restriction will
therefore be minimal. It follows the activity started by the
producers some years ago in the framework of ‘Responsible
Care’©, as an answer to concerns about the environmental
effects caused by SCCP.

4.3.
Restrictions on leather fat liquoring will also have a
very limited effect on suppliers of SCCPs. Sales of these in
Europe have declined substantially and in 1998 amounted to
less than 100 tonnes.

4.4.
SCCP producers and the users of these substances in
metal working and leather treatment have accepted the
outcome of the risk assessment, and feel that the impact on
business will be minimal.

through the

4.5.
The conclusion of the risk assessment on the Health
Risk to workers was that there is at present no need for risk
reduction measures beyond those which are being applied
already,
application of Council Directive
89/391/EEC on the introduction of measures to encourage
improvements in the safety and health of workers at work,
and Council Directive 98/24/EC on the protection of the
health and safety of workers from the risk related to chemical
agents at work.

The Directive 76/769/EC on Marketing and Use of
4.6.
Certain Dangerous substances and preparations has now been

Brussels, 29 November 2000.

modified many times, and has become difficult to use. The
Commission should therefore urgently recast and update the
whole base Directive.

5. Consistency with PARCOM Decision 95/1

European Chlorinated Paraffin producers have been
5.1.
heavily involved in the risk assessment process for SCCP
and accept that the findings are the most up-to-date and
scientifically accurate evaluation possible of the risks of these
substances to health and the environment. Sales for these
two most emissive applications have already been reduced
significantly and will be eliminated under this proposal. In the
residual applications the SCCPs are contained in a polymer
matrix and emissions to the environment are minimised. The
measures proposed will control approximately 98 % of the
emissions to the aquatic environment, and further measures to
prohibit uses in other applications would be disproportionate
to the risks identified.

The PARCOM Decision in 1995 was not based on
5.2.
such a thorough evaluation of the applications of SCCPs, and
should be considered to be a less rigorous approach to risk
reduction than the EU Risk Assessment. Furthermore it is an
obstacle to the Internal Market, since it was not accepted by
all EU Member States.

5.3.
Producers accepted the review process included in the
proposed 20th amendment, but believe that care needs to be
taken in this review, as once all
immediate uses of these
substances are prohibited, then the non-controlled applications
will account for 100 % of the residual emissions, albeit tiny
compared to the original values. The risk quotients calculated
in the risk assessment will still be valid, and there should be
no need for further restrictions.

The President

of the Economic and Social Committee

Göke FRERICHS

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APPENDIX

to the Opinion of the Economic and Social Committee

SCCP sales per year in EU, specified by application in metric tonnes:

1994

PVC Plasticisers

Metal Working Lubricants

Flame Retardants Textile & Rubber

Waterproofing textile

Paints, Sealants & Adhesives

Leather Fat Liquors

Sales through Distributors into above applications plus minor uses

9 380

1 310

183

1 845

390

100

1998

13

2 018

617

21

713

45

648

Total

13 208

4 075

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Decision adopting
a Multiannual Community programme to stimulate the development and use of European digital
content on the global networks and to promote the linguistic diversity in the Information
Society’

(2001/C 116/06)

On 7 September 2000 the Council decided to consult the Economic and Social Committee, under Article
262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 9 November 2000. The
rapporteur was Mr Morgan.

At its 377th plenary session on 29 and 30 November 2000 (meeting of 29 November) the Economic
and Social Committee adopted the following opinion with 100 votes in favour and 2 abstentions.

1.

Introduction

a)

a cheaper, faster, secure Internet;

1.1.
The ESC welcomes the Commission’s proposal for a
Multiannual Community programme to stimulate the develop-
ment and use of European digital content on the global
networks and to promote the linguistic diversity in the
Information Society.

This programme is a component part of the eEurope
1.2.
2002 Action Plan:
‘An Information society for All’. The
eEurope initiative was initiated by the Lisbon Council and is
itself the subject of a separate ESC Opinion (1). There are three
priority areas within the eEurope initiative:

(1) eEurope 2002 — An Information society for all — Draft Action

Plan(COM(2000) 330 final); Opinion in elaboration.

b)

investing in people and skills;

c)

stimulate the use of the Internet.

Within this last priority, the component programmes include:

— Government on-line: electronic access to public services;

— European digital content on global networks.

Hence this opinion deals with two of the component action
programmes of the eEurope objective. However, in the view
of the ESC, these actions are also very important in their own
right.