Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether)"
Date: 2001-04-25
Institutions: European Economic and Social Committee
Subjects: dangerous substance, marketing restriction

10.7.2001

EN

Official Journal of the European Communities

C 193/27

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council amending for the 24th time Council Directive 76/769/EEC relating
to restrictions on the marketing and use of certain dangerous substances and preparations
(pentabromodiphenyl ether)’

(2001/C 193/05)

On 12 February 2001, 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 10 April 2001. The rapporteur was
Mr Colombo.

At its 381st plenary session (meeting of 25 April 2001), the Economic and Social Committee adopted
the following opinion by 65 votes in favour, with one abstention.

1. Aim of the proposal

This proposal amending Directive 76/769/EEC (1) aims
1.1.
to introduce harmonised provisions on the marketing and use
of pentabromodiphenyl ether (pentaBDE).

exposed to pentaBDE. Although there is some data on these
workers (on the presence of chloracne), there is an urgent need
for more research into the effects of pentaBDE when absorbed
by the skin.

1.2.
The proposal’s objective is to protect human health
and the environment by prohibiting the use and marketing of
articles containing pentaBDE.

2.5. Meanwhile, certain toxicity studies on animals demon-
strate significant disturbance to the metabolism and the
liver, and other animal studies suggest that pentaBDE can
bioaccumulate in fat tissue.

2.

Introduction

2.1.
PentaBDE is a brominated flame retardant used almost
exclusively (approximately 95 %) in the manufacture of flexible
polyurethane foam used in various sectors for the production
of consumer goods. It is also used, to a limited extent, as a flame
retardant additive in epoxy and phenol resins, unsaturated
polyesters and textiles.

2.2.
There are other flame retardants used in the production
of flexible polyurethane foam that were introduced following
regulations issued by the European Union and the individual
Member States restricting the use of pentaBDE. The most
common is tris (2-chloro-1-methylethyl) phosphate, which is
on the fourth risk evaluation priority list.

Data on the environmental risks show the presence of
2.3.
high concentrations of pentaBDE in fish and earthworms in
places close to polyurethane foam production sites.

2.4.
The risks to human health, assessed in accordance with
the Community regulation (EEC) No 793/93 (2), are unclear
owing to a lack of relevant data, in particular on workers

(1) OJ L 262, 27.9.1976, pp. 201-203.
(2) OJ L 224, 3.9.1993, p. 34.

2.6.
PentaBDE has also been shown to be present in breast
milk, but the origins and toxikinetics of this level of exposure
remain a mystery. Further toxicity studies are therefore essen-
tial.

3. General comments

3.1.
On the basis of the risk evaluation recommended in
the Community regulation (EEC) No 793/93, in accordance
with the precautionary principle adopted by the Community,
following consultation of the industry and other interested
parties and their positive response, and given the scale of the
potential risks posed by pentaBDE to human health and the
environment, the Committee agrees with the Commission’s
proposal to restrict the marketing, use and placing on the
market of products containing this substance.

3.2.
In view of the limited understanding of the effects on
human health, the Committee also urges the Commission to
make arrangements for epidemiological studies to monitor the
health of workers who come into contact with pentaBDE
during their working life, in particular to ascertain the effects
of bioaccumulation in fat tissues.

C 193/28

EN

Official Journal of the European Communities

10.7.2001

3.3.
Furthermore, given the concern shown by the Scientific
Committee on toxicity, ecotoxicity and the environment
(CSTEE), and on the basis of the data on the exposure of
breast-fed children to pentaBDE, the ESC calls for a scientific
research programme to ascertain and assess what other
protective measures may be necessary.

Although the risk assessment on octabromodiphenyl
3.4.
ether (octaBDE) mentioned in the fifth recital
is not yet
complete, the Committee calls on the Commission to assess
whether there is a case for applying the precautionary principle
to this product as well.

Brussels, 25 April 2001.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘Proposal for a Regulation of the European
Parliament and the Council amending Council Regulation (EEC) No 881/92 on access to the
market in the carriage of goods by road within the Community to and from the territory of a
Member State or passing across the territory of one or more Member States as regards a uniform
Driver Attestation’

(2001/C 193/06)

On 7 March 2001, the Council decided to consult the Economic and Social Committee, under Article 71
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 2 April 2001. The rapporteur
was Mr Kielman.

At its 381st plenary session (meeting of 25 April 2001), the Economic and Social Committee adopted
the following opinion with 60 votes in favour and two abstentions.

1.

Introduction

1.1.
The purpose of this proposal for amending Regulation
(EEC) No 881/92 is to introduce a uniform document attesting
that the driver of a vehicle engaged in the international carriage
of goods by road is entitled to drive that vehicle on behalf of
the haulier. The absence of such a document has led to serious
enforcement problems, given that widespread irregular use is
made of drivers, often from outside the Community.

transport sector. Drivers from outside the Community often
take over the wheel at the frontier of a Member State, i.e. the
regular national driver is replaced by an irregular driver, who
then continues to drive the vehicle throughout the Community.
These drivers receive low black-market wages and their
working conditions are outside the Member States’ control.
Competition is distorted as a result.

1.2.
This was shown to be so in a survey which the
Commission conducted in the Member States in August 1999
and whose results were discussed in meetings with experts
from the Member States and the social partners in the road

Such practices are possible at the moment because
1.3.
effective control of the regularity of the driver’s employment
status is only feasible in the Member State where the haulier is
established. Ignorance of the relevant laws and provisions of
other Member States in that area and the sheer diversity of
documents and languages they are drawn up in makes effective
supervision impossible.