WRITTEN QUESTION P-0123/03 by Bernd Lange (PSE) to the Commission. Commission proposals still pending in connection with Directive 1999/96/EC.
Date: 2003-01-21
Institutions: European Parliament, Provisional data
Subjects: European Commission, air quality, approximation of laws, combustion gases, drafting of EU law, environmental standard, motor vehicle, proposal (EU)

3.7.2003

EN

Official Journal of the European Union

C 155 E/213

of substances have already been banned or their use is subject to specific conditions. These decisions are
scientifically-based which means that
they are based on a risk assessment made by the Scientific
Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP). The
Commission refers to its reply to the Honourable Member’s Written Question E-3101/02 (1) and wishes
further to highlight the following.

With regard to para-Phenylenediamine (PPD) and Toluene-2,5-diamine, the current legislation covers
labeling and fixes very strict maximum concentrations for the use of the two substances. The maximum
use concentration in hair dyes for PPD and Toluene-2,5-diamine is based on opinions of the SCCNFP and
the resulting entry in Annex III/1/8 and Annex III/1/9 of the Cosmetics Directive (2). The maximum
concentration is given as 6 % and 10 % respectively. Furthermore, the use of these substances is subject to
other conditions, as stated in Annex III. The following wording must be printed on the label: ‘Can cause
allergic reactions’, ‘Do not use to dye eyelashes or eyebrows’ and ‘Contains phenylenediamines’.

With regard to the general aspects of the risk assessment of hair dyes the SCCNFP on 27 February 2002
adopted a discussion paper that was placed on the web-site of the SCCNFP (3). Interested parties were
invited to comment. On 4 June 2002 it adopted ‘A strategy for testing hair-dye cosmetic ingredients for
their potential genotoxicity/mutagenicity.’ This was supplemented by a recent opinion of 17 December
2002 updating ‘Basic requirements for toxicological dossiers to be evaluated by the SCCNFP’.

Industry is required to submit files that must conform to the above-mentioned principles and the ‘Notes of
Guidance for testing of cosmetic ingredients for their safety evaluation’ which was adopted on 24 October
2000.

Finally, the Commission is discussing with Member States and representatives of both consumers and
industry the prioritisation of substances to be assessed or re-assessed. This includes setting up timetables
and actions to be put into force in relation to substances for which no appropriate file has been submitted
for risk assessment by the SCCNFP.

(1) OJ C 110 E, 8.5.2003, p. 164.
(2) Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to

cosmetic products (cid:1) OJ L 262, 27.9.1976.

(3) http://europa.eu.int/comm/food/fs/sc/sccp/index_en.html.

(2003/C 155 E/233)

WRITTEN QUESTION P-0123/03

by Bernd Lange (PSE) to the Commission

(21 January 2003)

Subject: Commission proposals still pending in connection with Directive 1999/96/EC

Directive 1999/96/EC (1) of the European Parliament and of the Council of 13 December 1999 on the
approximation of the laws of the Member States relating to measures to be taken against the emission of
gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission
of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for
use in vehicles and amending Council Directive 88/77/EEC (2) was published in the Official Journal on
16 February 2000.

Some of the details included in the Euro IV level, such as the introduction of on-board diagnostic systems
(OBDs), in-service monitoring and durability, were to be further specified by 31 December 2000. However,
the corresponding Commission proposals are still pending.

Given that the Euro IV level
extremely limited.

is to come into effect on 1 October 2005, the time remaining is now

Why has no corresponding Commission proposal been submitted?

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Official Journal of the European Union

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3.7.2003

What further action will the Commission take in this connection?

How will the Commission guarantee that the Euro IV level can come into effect on 1 October 2005 as
planned?

(1) OJ L 44, 16.2.2000, p. 1.
(2) OJ L 36, 9.2.1988, p. 33.

Answer given by Mr Liikanen on behalf of the Commission

(12 February 2003)

The proposal on the next stage of requirements related to Euro IV to apply to heavy-duty vehicles and
engines will soon be dealt with by the Commission. This proposal to the European Parliament and the
Council is being formulated in a new way, commonly known as a ‘split-level’ approach.

The proposal now in preparation will be the first one in the field of automobile legislation with the
specific aim of improving the efficiency of the decision making process while simplifying the legislation.
As such, the proposal will require the legislators to consider only the fundamental elements of the
legislation (e.g. limit values and other elements seen to be clearly of a political nature) under Article 95 of
the EC Treaty while the implementing measures (i.e. the technical annexes) necessary to implement the
fundamental elements will be adopted through a Commission Directive on the basis of a delegation of
executive power to the Commission. This delegation is presently being addressed through the recasting of
the type-approval
framework Directive (Council Directive 70/156/EEC of 6 February 1970 on the
approximation of the laws of the Member States relating to the type-approval of motor vehicles and their
trailers (1)).

When preparing these prescriptions concerning Euro IV the Commission has decided also to increase the
legibility of Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the
Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel
engines for use in vehicles, by recasting it. Therefore, the existing annexes laid down in Directive 88/77/
EEC and the amendments necessary to introduce the new fundamental elements are recast according to the
Inter-Institutional Agreement of 28 November 2001 between the Parliament, Council and Commission on
a more structured use of the recasting technique for legal acts (2). However, the tools and procedures
necessary to recast legislative acts have only recently become operational. Delays have therefore been
unavoidable.

The technical prescriptions regarding on-board diagnostic (OBD) systems, durability,
in-use conformity
checking, test reference fuels and the accuracy and repeatability of the sampling and measuring system for
particulate mass emissions are prepared. They have been discussed and developed with the various
stakeholders, in particular the heavy-duty vehicle and engine industry.

The Commission will propose that these new measures apply from the dates laid down in Directive 1999/
96/EC of the Parliament and of the Council of 13 December 1999, i.e. 1 October 2005 for new types of
engines and vehicles and from 1 October 2006 for all types of engines and vehicles. It is the Commission’s
aim that the dates laid down in Directive 1999/96/EC for application of these new measures be respected
and it, therefore, trusts that the co-decision procedure can be carried out expeditiously to meet those aims.

(1) OJ L 42, 23.2.1970.
(2) OJ C 77, 28.3.2002.

(2003/C 155 E/234)

WRITTEN QUESTION E-0156/03

by Jillian Evans (Verts/ALE) to the Commission

(29 January 2003)

Subject: Maltreatment of animals at European livestock markets

Each year, thousands of animals such as horses are transported from Eastern European owners and dealers
in particular to the more southern countries. These animals are often
to European Union countries,