WRITTEN QUESTION E-0949/01 by Christopher Huhne (ELDR) to the Commission. Musk labelling.
Date: 2001-03-28
Institutions: European Parliament, Provisional data
Subjects: cosmetic product, health legislation, health risk, labelling, toxic substance

13.11.2001

EN

Official Journal of the European Communities

C 318 E/159

The Commission proposes the ban to take effect eighteen months after adoption of the proposed
2.
Directive by the Parliament and the Council thus giving Member States the required time to transpose the
Directive into national legislation.

The proposed ban aims at reducing risks to the environment. The risk assessment concluded that risk to
consumers from exposure to the substance is negligible since in the EU it is only used in polyurethane
foam which is enclosed in products. However, a concern over increasing levels of pentaBDE in breast milk
was expressed.

The Commission considers that the proposal is far reaching and thereby affords a high level of
3.
protection to the health and safety of consumers. The proposal to ban all uses of pentabromodiphenyl
ether also takes account of the Precautionary Principle as interpreted in the Commission(cid:146)s Communication
on the precautionary principle (11) as it addresses the concern about increasing levels of pentabromodip-
henyl ether in breast milk from sources not yet identified.

The proposal will not result in greater risks from fires or greater risks to the environment given the
availability of suitable alternative flame-retardants.

Furthermore, the Commission has adopted a Proposal for a Directive on the restriction of the use of
certain hazardous substances in electrical equipment (12) (RoHS).

According to the RoHS proposal Member States shall ensure that with effect from 1 January 2008 the use
of certain heavy metals and two groups of brominated flame retardants, polybrominated biphenyls (PBB)
and polybrominated diphenyl ether (PBDE), are substituted by other substances. This Proposal is currently
being discussed in Council and Parliament.

(1) OJ C 261 E, 18.9.2001.
(2) OJ C 113 E, 18.4.2001, p. 134.
(3) OJ C 330 E, 21.11.2000.
(4) OJ C 203 E, 18.7.2000.
(5) OJ C 142, 21.5.1999.
(6) Debates of the European Parliament (December 1999).
(7) COM(2001) 12 final.
(8) OJ L 262, 27.9.1976.
(9) OJ L 69, 10.3.2001.
(10) OJ L 84, 5.4.1993.
(11) COM(2000) 1 final.
(12) COM(2000) 347 final (OJ C 365 E, 19.12.2000).

(2001/C 318 E/172)

WRITTEN QUESTION E-0949/01

by Christopher Huhne (ELDR) to the Commission

(28 March 2001)

Subject: Musk labelling

Is the Commission satisfied with the current labelling requirement of (cid:145)parfum(cid:146) for artificial musks used in
perfumes, air fresheners and washing powders?

Does it agree that this may cover musks known to mimic hormones and which persist and accumulate in
body fat?

Answer given by Mr Liikanen on behalf of the Commission

(8 June 2001)

The current provisions of the pertinent legislation on cosmetic products, Council Directive 76/768/EEC of
27 July 1976 (1), require the products to be labelled with the generic term (cid:145)perfumes(cid:146) to refer to the
individual fragrance substances making up a perfume, including artificial musks.

The Commission is aware of published reports questioning the safety profile of certain artificial musks and
in particular their potential for bioaccumulation and hormone mimicking effects.

C 318 E/160

Official Journal of the European Communities

EN

13.11.2001

Concerning musks in cosmetic products, the use of musk ambrette, musk moskene and musk tibetene is
prohibited. Furthermore, the Scientific Committee on Cosmetics and Non-Food Products (SCCNFP) has
adopted opinions on the use of the two most commonly used musks, musk ketone and musk xylene. It
concluded that these musks can be safely used in cosmetic products provided their concentration is below
a certain concentration limit. At the same time however, the SCCNFP identified the need for an evaluation
of consumer exposure from other sources e.g. laundry detergents and the need for more data concerning
the long-term toxicity effects of these materials.

Concerning washing powders, the use of musks in perfumes contained in washing powders falls under the
provisions of the Directive 1999/45/EC of the Parliament and of the Council of 31 May 1999 concerning
the approximation of the laws, regulations and administrative provisions of the Member States relating to
the classification, packaging and labelling of dangerous preparation (2).

The above should be revised when the risk assessment of these two substances, carried out in the
framework of Council Regulation (EEC) No 793/93 of 23 March 1993, on the evaluation and control of
the risks of existing substances (3), is finalised. As these are comprehensive evaluations of all available
data on the toxicity and the effects of chemicals, covering all exposure situations from all known uses, the
Commission would expect
the potential endocrine disrupting and
persistence and bio-accumulation properties of musks. Any risk management recommendations, stemming
from the conclusions of these risk assessments will provide the Commission with the scientific basis to
propose further measures as appropriate.

to have an in-depth analysis of

(1) OJ L 262, 27.9.1976.
(2) OJ L 200, 30.7.1999.
(3) OJ L 84, 5.4.1993.

(2001/C 318 E/173)

WRITTEN QUESTION E-0951/01

by Christopher Huhne (ELDR) to the Commission

(28 March 2001)

Subject: Restrictions on the use of phthalates

Is the Commission satisfied that the current restrictions on the use of phthalates are adequate to meet the
potential dangers? In particular, it is considering restrictions not only on teething toys but on other toys,
packaging, PVC flooring and windows, cosmetics and emulsion paint? Will the Commission outline the
potential effects suggested by the scientific evidence of certain levels of phthalates for hormone disruptions
and reproductive abnormalities? Is the Commission aware of alternative products that could be used to
perform the same tasks without the same side-effects?

Answer given by Mr Liikanen on behalf of the Commission

(11 June 2001)

The use of six phthalates in toys and childcare articles intended to be mouthed by children under the age
of three is subject to a temporary ban in the framework of Council Directive 92/59/EEC of 29 June 1992,
on general product safety (1), pending a permanent ban under Council Directive 76/769/EEC of 27 July
1976 on restrictions on the marketing and use of dangerous substances and preparations (2).

The Commission adopted in November 1999 a proposal to restrict the marketing and use of certain
phthalates in toys. The Commission(cid:146)s proposal consists of a ban on the use of six phthalates in toys and
childcare articles intended to be put in the mouth of children under the age of three and of a requirement
to label other toys for children under three that could be put in the mouth although not intended for that
purpose.