Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and the Council concerning the export and import of dangerous chemicals COM(2006) 745 final — 2006/0246 (COD)
Date: 2007-05-30
Institutions: European Economic and Social Committee
Subjects: chemical product, dangerous substance, exchange of information, export monitoring, import policy, international trade

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Official Journal of the European Union

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Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the
European Parliament and of the Council relating to the installation of lighting and light-signalling
devices on wheeled agricultural and forestry tractors’

COM(2007) 192 final — 2007/0066 (COD)

(2007/C 175/10)

On 11 May 2007 the Council of the European Union decided to consult the European Economic and Social
Committee, under Article 95 of the Treaty establishing the European Community, on the abovementioned
proposal.

Considering that the content of the proposal is entirely satisfactory and requires no comment on its part,
the Committee, at its 436th plenary session, held on 30 and 31 May 2007 (meeting of 30 May), approved
the proposed text by 162 votes to 1 with 8 abstentions.

Brussels, 30 May 2007.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the
European Parliament and the Council concerning the export and import of dangerous chemicals’

COM(2006) 745 final — 2006/0246 (COD)

(2007/C 175/11)

On 21 December 2006, the Council decided to consult the European Economic and Social Committee,
under Articles 133 and 175(1) of the Treaty establishing the European Community, on the abovementioned
proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing
the Committee's work on the subject, adopted its opinion on 8 May 2007. The rapporteur was Mr Pezzini.

At its 436th plenary session, held on 30 and 31 May 2007 (meeting of 30 May 2007), the European
Economic and Social Committee adopted the following opinion by 148 votes to 2 with 1 abstention.

1. Conclusions and recommendations

1.1
The European Economic and Social Committee (EESC)
has always supported the active role played by the European
Commission in introducing and implementing the Rotterdam
Convention on the prior informed consent (PIC) procedure for
hazardous chemicals and pesticides
trade,
together with the Stockholm Convention on Persistent Organic
Pollutants (POP).

in international

smooth, uniform procedures to ensure the prompt provision of
proper
import dangerous
chemical products and substances.

to countries

information,

that

The Committee considers that the more stringent provi-
1.3
sions under Regulation (EC) 304/2003, which was annulled by
the Court of Justice on the grounds of its wrong legal basis, and
reinstated in the present proposal for a new regulation are a key
element in overall safety and the management of dangerous
chemicals.

1.2
The Committee agrees that a harmonised approach by
the Commission is necessary, aimed at improving the protection
of human health and the environment in importing countries,
especially developing countries. It also agrees on the need to use
and transparent mechanisms based on
streamlined,

clear

1.4
The Committee supports the Commission's aim to use
the opportunity provided by the correction of the legal basis of
the
the regulation in order to increase the effectiveness of

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Community instrument and boost
tying in
closely with Regulation (EC) No 1907/2006 on chemicals legis-
lation (REACH) which is to come into force in June 2007.

legal certainty,

2. Reasons

In the Committee's view,

1.5
the new legislation should
include provisions on, firstly, the drafting of practical guides and
the organisation of
information documents and,
training courses based on Community standards,
intended
primarily for customs officials, with contributions from relevant
Commission and, in particular, Joint Research Centre (JRC) staff.

secondly,

for

the aims and mechanisms of

The European Committee has previously (1) expressed its
2.1
support
the Rotterdam
Convention (2), which set up a prior informed consent proce-
dure for the export and import of dangerous chemicals, at the
same time improving access to information and providing tech-
nical assistance to developing countries.

1.5.1
The Committee emphasises the importance of using
the language of the importing country on labelling and the
safety data sheets.

1.6
The EESC warmly welcomes the fact that provision is
made for exports to proceed on a temporary basis, while further
efforts are made to obtain explicit consent.

2.2
The Committee agreed with the views of Member States,
that it was ‘appropriate to go beyond the provisions of the
convention in order to fully assist developing countries’ (3).

2.3
Regulation (EC) No 304/2003 concerning the export and
adopted on
import of dangerous
18 January 2003 and come into force on 7 March 2003, was in
fact primarily aimed at implementing the Rotterdam Convention
with regard to the prior informed consent procedure for certain
hazardous chemicals and pesticides in international trade.

chemicals, which was

and

transparent

The EESC is convinced that the key to the effective,
1.7
smooth
proposed
functioning
mechanisms lies in the customs control arrangements, and in
full cooperation between the customs authorities and the
national authorities designated to apply the regulation (DNAs).

the

of

2.3.1
which went beyond the requirements of the convention.

the regulation contained some provisions

However,

1.8
The Committee emphasises that it is essential for the
proposed improvements to the Combined Nomenclature, and
the development of a version of the EDEXIM database specifi-
cally for customs authorities, to be backed by information and
training initiatives
that are systematic and harmonised at
Community level.

the regulation stipulates

2.4 More specifically,
the
exporter of a chemical listed therein must notify the designated
the
national authority prior to the first
intended export of
chemical. Once the notification has been checked for
full
compliance, it is forwarded to the Commission, which registers
it in the EDEXIM database as notification of a Community
export, specifying the product and the importing country.

that

1.8.1
The EESC views the financial and human resources
available to the Commission and, in particular, the JRC for this
purpose to be entirely inadequate to the task of:

Likewise,

2.5
in the event of a Community import of a
chemical from a third country, the Commission receives the
relevant export notification, acknowledges receipt of the notifi-
cation and registers it in the EDEXIM database.

— preparing harmonised information and training packages,

and guides for the various categories of user;

— ensuring the accuracy of safety data sheets for intermediate

and final users, especially workers;

— establishing a dialogue with technical assistance to importing
countries, especially developing countries and those with
transitional economies;

— ensuring greater awareness in civil society of existing risks

and how to prevent them.

responsible for
2.6 More generally,
ensuring proper application of the regulation. In practice this
means it must manage the export and import notifications.

the Commission is

(1) EESC Opinion of 20.6.2002 on the Proposal for a Council Regulation
concerning the export and import of dangerous chemicals, OJ C 241 of
7.10.2002, p. 50.

(2) The Rotterdam Convention, which was signed on 11 September 1998
and came into force on 24 February 2004, governs the export and
import of certain dangerous chemicals and pesticides, and is based on
the fundamental principle of prior informed consent (PIC) on the part
of the importer of a chemical product. More than 30 chemicals are
currently covered by the PIC procedure under the terms of
the
Convention.
(3) See footnote 1.

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The

EU export

2.7
currently
applies to some 130 chemical products and groups of products/
substances,
listed in Annex I, Part 1 of Regulation (EC)
No 304/2003 (4).

notification

procedure

Lastly, clear obligations are imposed concerning packa-

2.8
ging and labelling.

2.14
The Committee agrees that a harmonised approach by
the Commission is necessary, aimed at improving the protection
of human health and the environment in importing countries,
especially developing countries. It also agrees on the need to use
streamlined,
and transparent mechanisms based on
smooth, uniform procedures in order to ensure the prompt
provision of proper information, free of red tape, to importing
countries about EU exports of dangerous chemical products and
substances.

clear

2.9
Regulation (EC) No 304/2003 also provides for penalties
in the event of infringement, specifying that such penalties must
be ‘effective, proportional and dissuasive’, and are to be deter-
mined by the Member States.

3. The Commission proposal

In addition, Regulation (EC) No 1907/2006 of

2.9.1
the
European Parliament and of the Council concerning the registra-
tion, evaluation, authorisation and restriction of chemicals
(REACH) was adopted on 18 December 2006, and will come
into effect on 1 June 2007 (5).

2.10
In its judgments in Cases C-94/03 and C-178/03 (both
of 10 January 2006), the Court of Justice of the European
Communities established that
the legal basis of Regulation
(EC) No 304/2003 should have Articles 133 and 175 of the EC
Treaty and not on Article 175 alone and that, consequently, the
regulation itself was annulled. The Court did however specify
that the effects of the regulation would be maintained pending
the adoption, within a reasonable period of time, of a new regu-
lation founded on appropriate legal bases.

The

report

covering

the 2003-2005 period (6),
2.11
presented on 30 November 2006 in accordance with Article 21
of Regulation (EC) No 304/2003,
reviewed the following
aspects:

— implementation to date of the regulation;

— problems encountered in the procedural phases;

— changes needed to increase its effectiveness.

2.12
All the Member States now have the necessary legisla-
tion and administrative systems for the implementation and
enforcement of the Regulation: 2 273 export notifications have
been made to date (more than 80 % of them originating from
Germany, the United Kingdom, the Netherlands, France and
Spain), while the number of importing countries rose from 70
in 2003 to 101 in 2005.

Customs control arrangements are the most sensitive
2.13
part of
the system. Closer cooperation between designated
national authorities and the customs authorities is needed, with
regular exchange of information and clearer provisions, particu-
larly regarding the specific obligations of exporters and the
application of improved control instruments to the Combined
Nomenclature and the Integrated Tariff of
the European
Communities (TARIC).

(4) Subsequently amended by Commission Regulation (EC) No 777/2006.
(5) See ITACA No 3 (December 2006), p. 8 — Rome, Sergio Gigli.
(6) COM(2006) 747 final of 30 November 2006.

3.1
In addition to rectifying the legal bases, which had led to
Regulation (EC) No 304/2003 being annulled, the Commission's
proposal for a new regulation introduced other changes, in the
following areas:

— new legal bases;

— new definitions. The definition of
extended, and the concept of
corrected;

‘exporter’ needs to be
‘preparation’ needs to be

— a new explicit consent procedure;

— reinforcement and strengthening of customs control;

— new comitology rules (7).

4. General comments

The Committee restates its full support for Community
4.1
strategies in favour of sustainable development,
including the
voluntary SAICM framework (8), and highlights the need for a
preventive approach to chemicals management
to
guard against any harmful effects for human health and the
environment, as it previously pointed out several times (9) in its
contribution to the introduction of the REACH legislation.

in order

4.2
The EESC thus supported the introduction of the REACH
system, especially the move to make manufacturers, importers
or users responsible for preparing documentation on chemicals
with a view to registration and an initial risk assessment; for
this reason the EESC supported the establishment of an EU
registration system and of a Community body to manage it (10).

In connection with the reporting requirements laid
4.2.1
down by the specific rules on dangerous chemicals,
the
Committee urges the Commission to review the list of products
posing a risk to human health and the environment, and to
replace them with less dangerous products and preparations
wherever practical alternatives have been prepared and tested as
a result of technological research and innovation.

(7) See Decision 1999/468/EEC, as amended in July 2006.
(8) SAICM: Strategic Approach to International Chemicals Management —

UNEP.

(9) See EESC opinions CESE 524/2004 and 850/2005 on chemicals legis-
lation (REACH). OJ C 112 of 30.4.2004 and OJ C 294 of 25.11.2005.
(10) See EESC opinion CESE 524/2004, point 3.1. OJ C 112 of 30.4.2004.

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4.3
The EESC has always supported the active role played by
the European Commission in introducing and implementing the
Rotterdam Convention on the PIC procedure for hazardous
chemicals and pesticides in international trade, together with the
Stockholm Convention on Persistent Organic Pollutants (POP),
aimed at eliminating the production and use of certain chemical
products, including nine types of pesticide. The Committee has
also recently drawn up an opinion on this issue (11).

4.4
The Committee considers that the more stringent provi-
sions under Regulation (EC) 304/2003, which was annulled by
the Court of Justice on the grounds of its wrong legal basis, and
reinstated in the present proposal for a new regulation (12) are a
key element in overall safety and the management of dangerous
chemicals.

4.5
The Committee also believes that amendments should be
made to the regulatory provisions, to close the operational loop-
holes and resolve the problems in implementation identified in
the 2003-2005 report.

4.6
The Committee therefore supports the Commission's aim
to use the opportunity provided by the correction of the legal
basis of the regulation in accordance with the Court's judgment
(on which the Committee drew up an opinion at the time (13))
in order to increase the effectiveness of the Community instru-
ment by ensuring greater clarity, transparency and legal certainty
for both exporters and importers.

4.7
The EESC considers that the legal certainty, consistency
and transparency of the proposed new Community legislation
should be ensured by means of better definitions of the terms
‘exporter’, ‘preparation’ and ‘chemical subject to the PIC proce-
dure’.

4.8
In order to contribute to the process of simplification,
removing red tape and speeding up procedures, the EESC fully
supports the provision to allow exports to proceed on a
temporary basis, while further efforts are made to obtain explicit
consent,
together with the provision to waive the consent
requirement for chemicals to be exported to OECD countries.

Brussels, 30 May 2007.

4.9
The Committee also stresses the importance of the fact
that requests for consent and period review of consent are to be
channelled through the Commission, in order to prevent unne-
cessary overlaps or duplication, as well as misunderstandings
and uncertainty in importing countries. It considers that the
financial and human resources allocated to Commission and, in
particular, JRC services for this purpose must also be adequate
to the task of providing harmonised information and training
packages, guides and safety data sheets for the different cate-
gories of user and, lastly, a dialogue with the importing coun-
tries, especially developing countries, with a view to identifying
and clarifying problems arising from import/export notifica-
tions.

4.9.1
Given the seriousness of the work accidents sometimes
caused by dangerous chemical substances, and in the light of
the international conventions of the ILO on this matter (14), the
Committee cannot overemphasise the importance of providing
labelling information and safety data sheets in the language of
the importing country. This would benefit intermediate and
final consumers, especially those working in agriculture and
SMEs.

4.10
The EESC is convinced that the key to the effective,
smooth and transparent functioning of the mechanisms intro-
duced under the proposed legislation lies in the customs control
arrangements, and in full cooperation between the customs
authorities and the national authorities designated to apply the
regulation (DNAs). The proposed improvements, consisting in
the inclusion of ‘warning flags’ in the Combined Nomenclature,
and the development of a version of
the EDEXIM database
specifically for customs authorities, must be backed by informa-
tion and training initiatives that are systematic and harmonised
at Community level.

4.11
In the Committee's view, the preparation of practical
guides and information documents, as well as training actions
based on Community standards, should be stipulated in the new
legislation, particularly for the newly-joined Member States.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(11) See opinion NAT/331, CESE 23/2007. OJ C 93 of 27.4.2007.
(12) Community provisions stipulate that notification must be given for
the export of all chemical products/parasiticides which are banned or
severely restricted in the EU, as well as for compounds containing such
products, and the explicit consent of the importer must be obtained.
This applies to products matching the criteria for PIC notification,
even if they lie beyond the scope of the Convention and are not among
those products already subject to the PIC procedure.

(13) See footnote 1, point 5.10.

(14) See Articles 7 and 8 of ILO Convention C 170 concerning Safety in
the use of Chemicals at Work, 1990, and Articles 9, 10 and 22 of
Convention C 174 concerning the Prevention of Major Industrial Acci-
dents, 1993.