Opinion of the European Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council relating to restrictions on the marketing and use of nonylphenol, nonylphenol ethoxylate and cement (twenty-sixth amendment of Council Directive 76/769/EEC)" (COM(2002) 459 final — 2002/0206 (COD))
Date: 2003-03-26
Institutions: European Economic and Social Committee
Subjects: cement, chemical product, market approval, marketing

6.6.2003

EN

Official Journal of the European Union

C 133/13

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the
European Parliament and of the Council relating to restrictions on the marketing and use of
nonylphenol, nonylphenol ethoxylate and cement (twenty-sixth amendment of Council Directive
76/769/EEC)’

(COM(2002) 459 final — 2002/0206 (COD))

(2003/C 133/03)

On 13 September 2002 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 5 March 2003. The rapporteur was
Mr Nollet.

At its 398th plenary session on 26 and 27 March 2003 (meeting of 26 March), the European Economic
and Social Committee adopted the following opinion by 83 votes in favour, with 3 abstentions.

1.

Introduction

1.1.
The EESC took note of the gist of the Commission
document and its annexes, noting in particular the impact
analysis which had been made.

The EESC carried out searches of databases with regard
1.2.
to the toxicity of nonylphenol, nonylphenol ethoxylate and
cement and their various uses in the manufacture of very many
products.

1.3.
The Proposal for a directive of the European Parliament
and of the Council relating to restrictions on the marketing
and use of nonylphenol, nonylphenol ethoxylate and cement
(twenty-sixth amendment of Council Directive 76/769/EEC)
has been drawn up under the heading ‘Dangerous substances:
nonylphenol and cement’.

For the sake of clarity, the EESC thought it desirable to
1.4.
deal with the two aspects separately, i.e. firstly nonylphenol,
and secondly cement as regards chromium content and effects
on health and in terms of allergic reactions in certain
circumstances.

The employers’ and trade union federations of the

1.5.
chemical, building and cement industries were consulted.

and resins. Nonylphenol
is also used as an intermediate
product in producing a plastic additive (TNPP) which is used
as a stabiliser in certain polymers such as polyethylene
and PVC. Nonylphenol
is never used as such in consumer
preparations or applications.

The ethoxylates of nonylphenol (NPEs) form a cate-
2.1.2.
gory of chemicals often used as ‘detergents’ and maintenance
products in many industrial processes. They are also used in
the production of wallpaper pastes, natural and synthetic
textiles, and leather. In addition, they are used as additives
(emulsifiers) in latex paints and in certain pesticides. In Europe,
nonylphenol ethoxylates have been used for some years now
in common household cleaning and personal toiletry products,
such as liquid detergents for washing dishes, general cleaning
products, soaps and shampoos.

2.1.3. Most NPEs are discharged into sewers where they
decompose into nonylphenol, an extremely toxic by-product.

2.1.4.
A very interesting study of nonylphenol and its
ethoxylate derivatives can be accessed on the Internet site of a
Canadian research institute (http://www.ec.gc.ca/substances/
ese/eng/psap/final/npe.cfm) — Environment Canada.

2. Nonylphenol and nonylphenol ethoxylates

2.1.

Introduction

2.1.1.
Nonylphenol (NP) is used mainly as an intermediate
product in the production of nonylphenol ethoxylates (NPEs)

is used as an antioxidant

Some questions were put to economic, social and
2.1.5.
totally or partially
scientific circles on the possibility of
withdrawing nonylphenol from the market. The reply was that
nonylphenol
in making certain
polymers such as polystyrene and PVC, but is also and above
all used in nonylphenol ethoxylates which have a wide range
of uses. The latter are not toxic in themselves, but end up in
sewers where they break down and release nonylphenol, which
pollutes the environment.

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Official Journal of the European Union

6.6.2003

2.1.6.
Nonylphenol ethoxylates can be replaced with alco-
hol ethoxylates (non-ionic surfactants) or sulphonates of
linear alkylbenzene, alkyl sulphonates, ether alcohol sulphates
(anionic surfactants) or betaines (amphoteric surfactants).
These surfactants are more difficult to synthesise and especially
difficult to obtain in a very pure state (high cost). To obtain
the same properties as those of nonylphenol ethoxylates, the
industry sometimes needs to use several surfactants, incurring
a higher cost.

It should be emphasised that, according to the spokesperson
for CEFIC (European Chemical Industry Council), substitute
products exist, but not for all preparations.

2.2. Health risks

2.2.1.
skin.

Nonylphenol has a marked corrosive effect on the

The EESC asked the Commission representatives to
2.2.2.
make available to it,
if possible, European-level statistics
covering preventive measures in the Member States, and where
appropriate covering compensation for occupational diseases.
The EESC has not received the information requested, which is
not available in Eurostat either. By way of example, in Belgium
nonylphenol is mentioned in the list of occupational diseases
under heading 1.123.01 (phenols or similar substances). For
nonylphenol in particular, it has not been possible to ascertain
whether there are any compensation claims. For the phenols
or similar substances heading the figures for Belgium are
4 claims submitted in the three years from 1999 to 2001, and
3 claims for review in the same period.

3. Chromium VI in cement

3.1.

Introduction

3.1.1.
The draft directive of the European Parliament and
the Council, and scientific studies, have shown that cement
preparations containing chromium VI can induce allergic
reactions in certain circumstances, if they come into direct,
prolonged contact with the skin. The CSTEE (the European
Commission’s Scientific Committee on Toxicity, Ecotoxicity
and the Environment) confirmed the adverse effects on health
of the chromium VI contained in cement.

3.1.2.
In the draft directive in question, the Commission
suggests that, in order to protect human health, it is necessary
to restrict the marketing and use of cement and cement
preparations containing more than 2 ppm of chromium VI.
Use will have to be limited for manual work where there is a
risk of contact with the skin.

3.1.3.
Chromium and soluble chromates are used in fer-
rochromium alloys, in electronic chromium-plating for anti-
corrosion surfaces, in the manufacture of (bi)chromates for
pigments, in tanneries, as pesticides, in welding (chromium-
based alloys),
in fireproof bricks, as mordants in dyeing
processes, in photoengraving and in wood processing. Cement
generally contains chromium. It is mentioned in the list of
occupational diseases under the heading ‘sinus’.

2.3. Opinion of the chemical industry (CEFIC)

2.3.1.
The chemical industry employers’ federation takes
the view that the draft directive is the result of an analysis
and evaluation of risks under Regulation (EEC) No 793/93.
Producers of NP/NPEs have made their position known on the
Internet site http://www.cefic.org/cepad.

2.3.2.
directive poses no problem for them.

The enterprises concerned take the view that this

2.3.3.
Derivatives) has submitted its views on the question.

CEPAD (the European Council for Alkylphenols and

3.1.4.
It is possible to reduce the presence of hexavalent
chromium in cement either by using raw materials with a low
chromium content (this is not a simple matter, since cement-
makers extract raw materials from deposits close to the factory)
or by adding ferrous sulphate to the clinker to reduce
hexavalent to trivalent chromium (insoluble).
It is worth
stressing here that this is only effective for a limited duration,
as ferrous sulphate is not a stable substance.

For welding purposes, hexavalent chromium can be
3.1.5.
reduced to trivalent chromium by adding zinc to the welding
alloys.

2.4.

The EESC’s opinion on nonylphenol and nonylphenol
ethoxylates

3.2. Health risks

2.4.1.
The EESC agrees that the Commission needs to
reconcile economic and social imperatives, the protection of
workers’ health in terms of a policy of prevention and, where
necessary, compensation for occupational diseases, and a
concern for environmental protection; it takes the view that
the present proposal for a directive of the European Parliament
and of the Council responds to these concerns.

3.2.1.
Chromium VI is dangerously carcinogenic by inha-
lation. The organs affected are the lungs and the facial sinuses.

3.2.1.1.
irritant (chromate eczema). This is also true of chromium III.

In cement, when wet, chromium VI is also a skin

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Official Journal of the European Union

C 133/15

3.2.2.
The EESC has not found European-level statistics on
this (or on nonylphenol). Given this lack of data, it is practically
impossible to obtain a full picture of the situation in the
various Member States, and this is an obstacle to developing a
true prevention policy.

information on the date of packaging, storage conditions and
the storage period during which the soluble chromium VI
content is below 0,0002 % of the total dry weight of the
cement.

3.2.3.
By way of example, in Belgium hexavalent chrome
appears in the list of occupational diseases under heading
No 105 (chromium or its compounds).

3.2.3.1.
For the three years from 1999 to 2001, 117 claims
for recognition of an occupational disease were submitted,
along with 21 claims for review.

3.2.4.
Even in the mechanised use of cement, mortar or
concrete, final work often has to be done by hand (fitting of
links, corners, staircases etc.). Research in Germany has shown
that about 16 % of all work with cement has to be done
manually.

3.2.5.
A reduction in this percentage seems unlikely. Even
for those 16 %, chromium VI concentration and hence the
likelihood of developing eczema must be minimised.

3.2.6.
As a result, the Commission proposal should seek to
amend the relevant paragraph of Annex I of Directive 76/769/
EEC to read as follows: ‘May not be placed on the market or
used as a substance or constituent of preparations, if it contains
more than 0,0002 % soluble chromium VI of the total dry
weight of the cement, for all activities, where there is a risk of
contact to the skin.’

3.2.7.
As the contributions of the French cement industry
trade union, and of CEMBUREAU (European cement sector) in
it should be emphasised that no-one
particular, confirm,
questions that users coming into contact with cement can
suffer from skin complaints for many reasons.

The Scandinavian countries, for example, have con-
3.2.8.
siderable experience in the use of cements with a low soluble
chromium content. Since the 1980s these countries have been
restricting the use of cements containing more than 2 ppm of
chromium VI. As a result, the working conditions of users
handling cements have improved considerably. This experience
has also shown that the addition of ferrous sulphate does not
involve any technical difficulties, and that the quality of the
cements is not affected by it.

3.2.9.
The EESC emphasises the importance of information,
particularly for non-professional users. Without prejudice to
the application of other Community provisions on classifi-
cation, packaging and labelling of dangerous substances and
the packaging of cement must carry legible
preparations,

This information for consumers should stress the advisability
of using gloves when handling cement directly.

3.2.10.
extensive documentation and the available statistics.

CEMBUREAU has made available to the EESC

3.3. The EESC’s opinion on chromium VI and cement

3.3.1.
draws attention to four points:

On the basis of the information obtained, the EESC

1)

2)

3)

4)

the need for the cement sector not to view the debate in
purely economic terms and for it to confirm its wish to
cooperate in achieving a lasting solution;

the users, i.e. the concrete and construction sectors, have
not been sufficiently consulted by the Commission;

this also applies to the European social organisations for
those sectors;

as noted in the CEMBUREAU document, the CEN (Euro-
pean Committee for Standardisation), on the initiative of
European cement producers, has begun to develop a
common standard for determining the soluble chro-
mium VI content of cement.

The EESC notes

3.3.2.
that CEMBUREAU has com-
missioned an epidemiological survey of available data on
cement-related dermatitis to be carried out by an independent
expert (National Institute of Occupational Health (NIOH),
Oslo, Norway).

The results of this survey will be made available to the EESC at
the time of their publication (planned for April 2003).

3.3.3.
The EESC thinks it desirable to acquaint itself with
the conclusions of this survey before adopting a final position,
and reserves the right to return to the matter in a possible new
opinion.

3.3.4.
ment which may be tabled by the Commission.

The EESC would like to be informed of any amend-

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Official Journal of the European Union

6.6.2003

3.3.5.
The EESC intends, within a limited timescale, to
encourage structured consultation between the social partners
in the sectors concerned.

3.3.6.
The EESC notes that CEMBUREAU has said it
maintains contacts with ERMCO (European association for
ready-to-use concrete), BIBM (International Bureau for Precast
Concrete), FIEC (European Construction Industry Federation)
and EFBWW (European Federation of Building and Woodwor-

kers in the EEC) to develop a complete approach to the
question of workers’ health.

A convention between the parties designed to
3.3.7.
guarantee health protection for people coming into contact
with cement would be highly desirable, and would be likely to
make an important contribution, on the part of the social
partners concerned, to the draft directive under discussion; as
a result, its adoption and its implementation by the Member
States would be made easier.

Brussels, 26 March 2003.

The President

of the European Economic and Social Committee

Roger BRIESCH

Opinion of the European Economic and Social Committee on:

— the ‘Proposal for a Directive of the European Parliament and of the Council concerning the

alignment of measures with regard to security of supply for petroleum products’,

— the ‘Proposal for a Directive of the European Parliament and the Council concerning

measures to safeguard security of natural gas supply’, and

— the ‘Proposal for a Council Directive repealing Council Directives 68/414/EEC and 98/93/EC
imposing an obligation on Member States of the EEC to maintain minimum stocks of crude
oil and/or petroleum products, and Council Directive 73/238/EEC on measures to mitigate
the effects of difficulties in the supply of crude oil and petroleum products’

(COM(2002) 488 final — 2002/0219 (COD) — 2002/0220 (COD) — 2002/0221 (CNS))

(2003/C 133/04)

On 15 October 2002, the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposals.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
the Committee’s work on the subject, adopted its opinion on 13 March 2003. The rapporteur was
Mr Cambus.

At its 398th plenary session on 26 and 27 March 2003 (meeting of 26 March), the European Economic
and Social Committee adopted the following opinion with 96 votes in favour and three abstentions.