Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium'
10. 7. 98 EN Official Journal of the European Communities C 214/15 Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament and Council Directive amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium’ (98/C 214/05) On 27 March 1998 the Council decided to consult the Economic and Social Committee, under Article 130s of the Treaty establishing the European Community, on the above-mentioned proposal. The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 31 March 1998. The rapporteur was Mr Strasser, who worked alone. At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee adopted the following opinion with 114 votes in favour and three abstentions. 1. Introduction In each Member State fertilizers must display 1. 1. certain technical characteristics which are laid down in binding provisions. Article 7 of Directive 76/116/EEC stipulated that, without prejudice to the provisions of other Community directives, Member States might not, on grounds of composition, identification, labelling or packaging, prohibit, restrict or hinder the marketing of fertilizers marked ‘EC fertilizer’ which comply with the provisions of Directive 76/116/EEC and its annexes. 1. 2. Neither Directive 76/116/EEC and its annexes, nor any other directive, lays down a limit value for the cadmium content of fertilizers. However, national limits existed in Austria, Finland and Sweden prior to their EU accession. In large areas of these countries, especially in the north of Sweden and Finland and in Alpine regions, the soil is very poor (e. g. acidic soil containing highly mobile heavy metals, short summers). Since it has been proved that the heavy metal cadmium damages ecosystems, these Member States have decided to mini- mize the possible risks resulting from the use of fertilizers. 1. 3. When Austria, Finland and Sweden negotiated their EU membership, it was agreed that the limit values for cadmium laid down in each country should also apply for four years (i. e. until 1 January 1999) to fertilizers from other Member States. This constitutes a derogation from Article 7 of Directive 76/116/EEC. 1. 4. It was also stipulated in the Treaties of Accession that Article 7 would be reviewed during this four-year period according to EC procedures insofar as it affected cadmium. The Commission had a study carried out to investigate the environmental impact of cadmium in fertilizers and the possible human risks involved. Because not enough data were available in all Member States, the Commission was unable to reach a final conclusion on the matter. In the Commission’s view, a number of further questions have to be answered about the special situation in Austria, Finland and Sweden, too. 1. 5. The study carried out on the Commission’s behalf also discussed the effects which the derogation granted to Finland, Austria and Sweden might have on the free movement of goods, but it concluded that there was nothing to indicate that the free movement of goods was being impeded. 2. Commission proposals 2. 1. The Commission proposes that notwithstanding Article 7 of Directive 76/116/EEC, Austria, Finland and Sweden should be allowed to continue to restrict the marketing of fertilizers containing cadmium from 1 January 1998 to 31 December 2001. It also proposes that further studies be carried out to examine the risks to health and the environment in the Member States posed by cadmium contained in fertilizers (including the risks to the health of vulnerable population groups). These further studies should be completed by 31 Decem- ber 2001. 3. Comments 3. 1. The Committee endorses the Commission pro- posal that, notwithstanding Article 7, Austria, Finland and Sweden should be allowed to retain their limit values for cadmium from 1 January 1999 to 31 December 2001, bearing in mind that cadmium is a highly sensitive issue in these countries. 3. 2. The Committee also endorses the further studies planned by the Commission. However, these studies should be concluded in time for Community rules C 214/16 EN Official Journal of the European Communities 10. 7. 98 restricting cadmium in fertilizers to be drawn up by 31 December 2001 on the basis of their findings. The Committee trusts that the Member States will lend sufficient support to the Commission in its work. Brussels, 29 April 1998. The President of the Economic and Social Committee Tom JENKINS Opinion of the Economic and Social Committee on the ‘Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on: The Competitiveness of the construction industry’ (98/C 214/06) On 6 November 1997 the Commission decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the above-mentioned communication. The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 1 April 1998 (rapporteur: Mr Muller). At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee adopted the following opinion, with 117 votes in favour and two abstentions. 1. Preliminary observations 1. 1. The Commission’s communication deserves to be given particular attention by the Committee for a number of reasons: it deals with the competitiveness of an important sector of the EU economy (1) characterized by a high level of labour intensity and the presence of an impressive number of small and medium-sized enterprises (SMEs); it highlights multifarious aspects relating to all stages of the construction process; finally, it is submitted at a time when there is a clear need to improve competitiveness throughout the EU, when unemployment is the chief issue of concern, whenstructu- ral changes have to be assessed and planned against the (1) Key figures concerning the construction sector taken from Chapter 2 of the Commission’s communication: it is the largest industrial sector, accounting for 11 % of EU GDP; it is the largest sector in terms of employment — employing 8,8 million persons which represents 7 % of the working population; 26 million workers depend, directly or indirectly, on the construction sector; ‘1=3’ i. e. one job created in the construction sector indirectly generates two extra jobs; the sector comprises 2 million enterprises, 97 % of which have fewer than 20 workers and 94 % of which have fewer than 10 workers. background of the single market and a forthcoming enlargement, and when there is thus an urgent need to harness the full potential for dynamic economic, social and technical change and progress. 1. 2. The Committee supports the Commission’s decision to not just list the issues which need to be reviewed and set out a broad range of possible courses of action but make recommendations in respect of four key objectives (2); these recommendations are to be fleshed out with a view to being incorporated in an action programme. In this context attention is drawn to the importance of the appended lists of recommended specific action linked to the goal of improving competi- tiveness. (2) The four key objectives are: to develop a coherent quality policy; to improve the regulatory environment and the general market framework; to promote a substantial, lasting increase in the level and quality of education and training in the construction sector; and to reorientate and reinforce research and development in order to meet the need for change