WRITTEN QUESTION E-1259/01 by David Bowe (PSE) to the Commission. Reclassification of trichloroethylene.
Date: 2001-04-26
Institutions: European Parliament, Provisional data
Subjects: carcinogenic substance, consumer protection, labelling, marketing restriction, solvent, transfer of businesses

C 350 E/104

Official Journal of the European Communities

EN

11.12.2001

Answer given by Mr Byrne on behalf of the Commission

(4 July 2001)

1.

The Honourable Member is referred to the answer given to his Written Question P-1229/01 (1).

2.
The International Code of Marketing of Breast-milk Substitutes World Health Organisation (WHO)
Code, adopted as a recommendation, applies to the marketing of breast-milk substitutes, feeding bottles
and teats. It covers a wide range of relevant issues including among others quality of products, their
labelling and advertising, information and education to be provided to the public, responsibilities of health
care systems and health workers.

In the Community competence on the different issues may be with the Commission, with Member States
or be shared. Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae,
is
a specific Commission Directive that covers infant formula, the product that is considered as breast-milk
substitute. This Directive cannot cover feeding bottles or teats. In addition the Directive can only include
provisions that deal with those issues that could be covered by Community rules.

For the above reasons the Commission cannot
91/321/EEC.

incorporate the entire WHO Code into Directive

(1) OJ C 318 E, 13.11.2001, p. 227.

(2001/C 350 E/113)

WRITTEN QUESTION E-1259/01

by David Bowe (PSE) to the Commission

(26 April 2001)

Subject: Reclassification of trichloroethylene

Can the Commission confirm if the proposed labelling of trichloroethylene as R45 under the Solvent
Emissions Directive (1999/13/EC (1)) would result in the prohibition of the use of trichloroethylene, and
prohibition of the sales to consumers of substances labelled R45 under the 14th amendment (94/60/
EEC (2)) of the Marketing and Use Directive (76/769/EEC (3))?

Does the Commission believe that such a prohibition will
lead to industries reliant on the technical
properties of trichloroethylene to source components from outside the EU, or move their own production
to non-EU countries?

If not, why not?

(1) OJ L 85, 29.3.1999, p. 1.
(2) OJ L 365, 31.12.1994, p. 1.
(3) OJ L 262, 27.9.1976, p. 201.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(4 July 2001)

The 28th adaptation of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws,
regulations and administrative provisions relating to the classification, packaging and labelling of
dangerous substances (1) to technical progress, as approved by the Technical Progress Committee on
25 January 2001, classifies trichloroethylene as a category 2 carcinogen.

11.12.2001

EN

Official Journal of the European Communities

C 350 E/105

This classification does not automatically lead to restrictions of the marketing and use of trichloroethylene.
However, Parliament and Council Directive 94/60/EC of 20 December 1994 (2), 14th amendment to
Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and
administrative provisions of the Member States relating to restrictions on the marketing and use of
dangerous substances and preparations (3), introduces the policy of restricting the use by the general public
of substances classified as carcinogens, mutagens or toxic to reproduction category 1 or 2 (CMR) and
invites the Commission to present proposals to ban the use by the general public of substances newly
classified as CMR category 1 or 2. Following the classification as a category 2 carcinogen the Commission
will consider adding trichloroethylene to the list of substances banned for use by the general public in
Council Directive 76/769/EEC.

With respect to the professional and industrial use, Article 5(6) of Council Directive 1999/13/EC of
11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic
solvents in certain activities and installations (4) sets out
that volatile organic compounds (such as
trichloroethylene) classified as carcinogens, mutagens, or toxic to reproduction according to Directive 67/
548/EEC shall be replaced as far as possible by less harmful substances or preparations within the shortest
possible time. According to Article 7(1) of Directive 1999/13/EC, the Commission will publish guidance
for such replacement. When developing such guidance, the economic consequences, in particular, the costs
and benefits of the options available have to be considered. Industries reliant on the specific technical
properties of trichloroethylene may therefore be able to continue using it, if this can be justified on cost-
benefit grounds.

Furthermore, trichloroethylene is subject to risk assessment in the framework of Council Regulation 793/
93 of 23 March 1993 on the evaluation and control of the risks of existing substances (5). Following the
finalisation of this risk assessment further risk reduction measures, including restrictions on the marketing
and use, may be proposed if appropriate.

(1) OJ B 196, 16.8.1967.
(2) OJ L 365, 31.12.1994.
(3) OJ L 262, 27.9.1976.
(4) OJ L 85, 29.3.1999.
(5) OJ L 84, 5.4.1993.

(2001/C 350 E/114)

WRITTEN QUESTION P-1260/01

by Francesco Turchi (UEN) to the Commission

(19 April 2001)

Subject: Decision 2001/208/EC of 14 March 2001 concerning certain protection measures with regard to

foot and mouth disease in France

Given that:

(cid:129) the Italian text of Decision 2001/208/EC (1) stipulates that the commercial document required by
Community legislation for intra-Community trade must be endorsed and must be accompanied by an
attached copy of the official certificate stating that the production process has been audited and found
in compliance with the appropriate requirements;

(cid:129) a literal

interpretation of

the commercial
document and a further veterinary certificate stating that the production process has been audited and
found in compliance with the appropriate requirements, a certificate which is valid for 30 days, are
required;

this provision implies that both an endorsement of

(cid:129) a literal translation of the French and English text of the Decision suggests that it is enough for the
commercial document required by Community legislation for intra-Community trade to be endorsed
by the attachment of a copy of an official certificate stating that the production process has been
audited and found in compliance with the appropriate requirements;

(cid:129) on the basis of the Italian text, each consignment must be inspected by a civil servant empowered to
carry out checks, whereas, for example, a French seller of hides, in order to comply with the law
applicable to him, must merely present, attached to the commercial document, the copy of a certificate
which an official veterinary surgeon issues only once every 30 days;