Introduction
Prof. Dybing made an
introduction with information
on logistical arrangements for
the day regarding meals, etc.
1. Adoption of the draft
agenda
The draft agenda was
adopted. The order of some
points was changed with point
13 of rev. 1 of draft agenda
becoming the 7th (Strategies
for dealing with additional
opinion requests submitted by
other DGs of the Commission).
2. Presentation of new CSTEE
members
The information was
given that Profs. Terracini,
Wennig and Tarazona had sent
apologies for absence.
A 'tour de table' took
place allowing for Commission
staff and CSTEE members to
present themselves giving
information on background,
academic and/or professional
experience, particular
scientific interests developed,
etc. The need for this was due
to the fact that this was the
first meeting of the three
newly appointed members to the
CSTEE, Profs. Mark Costello,
Katarina Victorin and Janneche
Utne Skare. The CSTEE chairman
welcomed, with the arrival of
'new' members, expertise in
environmental related matters
to the committee.
3. Declarations of interest
No member of the CSTEE
attending this meeting
mentioned any interest in
whatever capacity that might be
considered prejudicial to
his/her independence
considering the nature of
topics in the agenda. The CSTEE
secretary also informed CSTEE
members that, other than forms
for signing declarations of
interest, forms for
confidentiality rules were
available as well.
4. Information from the
CSTEE secretariat
The CSTEE secretary
expressed on behalf of the
Commission his most vivid
thanks to Prof. Dybing and his
Institute for providing the
facilities to allow the CSTEE
plenary meeting to take place
in Oslo. It was reminded that
the choice of venue was due to
the convenience of having the
CSTEE plenary meeting back to
back with EUROTOX' 99 which had
taken place in Oslo and ended
the day before.
Particularly for the
benefit of the three new
members, the CSTEE secretary
gave some information namely
related to the rules of
procedure of the committee
(copies were available) as well
as some other on
reimbursements, etc.
Confidentiality rules
were also explained and briefly
discussed between members. It
was in particular made clear
that information exchange of
confidential data between CSTEE
members and eventually other
(third) parties would have to
be conditional upon information
being given at the outset about
the fact that confidentiality
rules apply.
The CSTEE secretary drew
the attention of the new
members in particular to a
number of documents available
as 'room documents' and
explained their purpose. Some
of them were 'thematic'
documents for use in the
discussions on some of the
agenda items and some others
were for allowing for an easier
follow up of the subjects from
meeting to meeting. These
included lists of all documents
submitted in connection with
any technical subject being the
object of a CSTEE activity,
opinion requests or own
initiative reports, others
being e.g. lists of documents
sent since the previous plenary
meeting.
The CSTEE chairman
explained that a lot of the
CSTEE's activities are due to
requests from Commission
services but that the CSTEE
adopts reports/opinions on its
own initiative as well. As
regards the way in which the
CSTEE works he said that a lot
of activities are done in
working groups before the
subject is discussed at plenary
meetings.
5. Adoption of the draft
minutes of the 9th CSTEE
plenary meeting held on the 7th
of May 1999 in Brussels
The minutes were not yet
available. The CSTEE secretary
took the commitment of sending
them later by post for possible
adoption by written procedure.
6. Progress reports on
opinion requests related to the
'Water framework
directive':
A.
I) Report from a study
on Technical specifications for
classification and presentation
of ecological status of surface
waters, March 1999 and
II) Report from a study
on Technical specifications for
monitoring of ecological status
of surface waters, March 1999
B. Revised proposal for a
list of priority substances in
the context of the Water
Framework Directive (COMMPS
procedure) and Draft Final
Report on the Assessment of
options of the statistical
treatment and evaluation of
monitoring data within the
COMMPS procedure
Due to the absence of
the chairperson/rapporteur for
this particular opinion request
no detailed
presentation/discussion took
place. Still the chairperson
had sent an e-mail commenting
that so far very scant
contributions had been received
from other working group and/or
CSTEE members. Dates for a
future working group meeting
were discussed.
The CSTEE secretary
further gave the information
that a message had been
received from the Commission
requester service with the
indication that a report on
'Intercalibration' was missing
from the report Technical
specifications for monitoring
of ecological status of surface
waters, March 1999'. This would
be sent later when available.
The message also included
information on the political
side of things in that
discussions were continuing at
Council level. There had been
some problems with translation
of texts and legal revisions of
drafts but that, as far as
progress was concerned from the
CSTEE involvement side,
everything was under control.
Regarding section B of
the opinion request the
information had been received
from the Commission requester
service by the CSTEE
secretariat that the schedule
previously agreed (adoption of
part B of the opinion by
September or November 99 at the
latest) is in principle
acceptable to them.
7. Strategies for dealing
with additional opinion
requests submitted by other DGs
of the Commission:
i) Opinion request on a
proposed "ready
biodegradability" approach to
update detergent legislation
(EC - DG III/C/4)
A representative of the
Commission requester service
(DG III/C/4) presented this
point. The information was
given that the Commission is
currently updating the
legislation on detergents since
the one still in force dates
from the early 70's. Then it
had been introduced mostly to
deal with the problem of
detergents in rivers and so it
was based on primary
biodegradability.
More modern legislation is now being envisaged, the principle is to base EU legislation on ready biodegradability instead. Discussions with M. States have been taking place since quite some time now and the idea is of course to include testing of ready biodegradability in the EU legislation. In essence the issues on which the CSTEE's views will be sought are related to the methodological aspects of the biodegradability tests. Terms of reference have already been submitted in June 99 with the questions that concern the approach using ready biodegradability. There is also a question about the suitability of different tests. It includes still other questions on topics that have been raised during the discussions with M. States. On the other hand the Commission has a 'problem' with timing. An opinion is necessary by October or November 99 at the latest. This is a consequence of the agreed schedule which includes an inter-service consultation within the Commission in view of having a Commission proposal adopted by the first quarter of next year.
The CSTEE secretary read
out the questions included in
the terms of reference since
apparently not all CSTEE
members had received the terms
of reference in time for the
meeting.
The CSTEE chairman
invited those present to
volunteer to the working group
which will have to deal with
this opinion request. He
pointed out that it is
basically an environmental
issue and that therefore people
with an expertise in this field
would be the logical
candidates. He also pointed out
that it would be convenient to
include people with expertise
in test methods. If needed
perhaps external experts could
be identified.
Some CSTEE members
volunteered to participate but
it was understood that
suggestions for external
experts could be made with some
CSTEE members to inform the
CSTEE secretariat later of
possible nominees.
ii) Other
The information was
given by the CSTEE secretariat
that a new opinion request will
be submitted soon. It follows
up from an obligation which
Member States have, in the
framework of EU law, to notify
the Commission of any measures
they intend to take which
impinges on either existing EU
law or may be considered to be
in conflict with internal
market rules.
The Danish authorities
have notified the Commission
about their intention of
banning, where possible, all
uses of lead (ban on importing,
selling and manufacturing in
the Danish territory, but not
on exports). This of course
they intend to do on the
grounds of health and
environmental protection.
Because such a measure
implies, as was said, problems
in terms of internal market and
free circulation of goods, the
Commission has to avail itself
of the well-founded nature of
such an intention. This is the
reason why the CSTEE will be
asked whether the arguments,
based on health and
environmental protection
grounds, put forward by the
Danish authorities are well
founded or not.
On the other hand the
opportunity will be taken to
ask the CSTEE another question,
a general one this time, on the
general risks of lead and its
compounds to human health and
the environment. In principle
the CSTEE was to receive,
probably in the course of the
week after the plenary, a
specific set of terms of
reference. There is urgency in
having these opinions adopted
as, for legal reasons
(Commission reply to the Danish
notification), the matter is
urgent.
The DG III/C/4
representative then commented
on the nature of the
documentation which, on their
side, will be submitted to the
committee. A report on heavy
metals submitted by the Danish
EPA, which is essentially a
review of the state of the art,
with the targets and the
reduction instruments for heavy
metals, including of course
also lead. The second report is
an environmental project, also
carried out by the Danish EPA,
specifically on lead. The first
one dates from 1994. The second
from 1998 and it focuses in a
comprehensive way on the
problems of lead in Denmark.
They have both been translated
into English and will be made
available to the CSTEE in the
course of the week after the
plenary. Both reports cover
human health and environmental
issues.
Another Commission
representative (XXIV/A/4)
confirmed that other
documentation is being prepared
for submission to the CSTEE.
Contacts with the WHO are being
established to obtain data.
Confirmation was given that the
objective of the general
opinion request on lead
compounds is to ascertain
whether there is a need to take
measures at community level and
in principle the already
significant amount of
documentation obtained is the
most relevant part, although in
respect of some data only the
references and abstracts had
been obtained. In any case they
will be made available to the
CSTEE. One particularly
interesting piece of data
mentioned is an "American"
piece of research on child
health related effects.
On top of that it is
known that other Commission
services, i.e. DG V, also have
other reports on the subject
which could be made available
to the CSTEE.
At this stage of the
presentation by Commission
representatives, CSTEE members
expressed interest in knowing
in more detail what the
questions to the committee
could be like. To this question
the answer was that, for the
moment (plenary meeting) it was
difficult to say as the
problems raised can be
extremely comprehensive.
The CSTEE chairman
suggested that given that it
was not possible for the moment
to have a clear idea of what
the exact nature/scope of the
questions will be like, it
would be better to form a
'core' working group, and for
that the previously, 'metals'
working group of the CSTEE
could be a starting point,
leaving the 'door open' to
chose the necessary external
experts depending on the
'subtlety' of the questions.
Some possible names were
mentioned and the sensitivity
of having 'the' Danish CSTEE
member in the working group was
also discussed. In the end it
was not considered a problem as
the rules on 'declarations of
interest' should be enough to
settle the matter. In any case
his contribution would take
place, in principle, rather on
a 'consultative' basis.
In general terms the
CSTEE expressed the view that,
should the questions be as
comprehensive as it looked they
will from the presentations,
the task is likely to be a very
daunting one. This however
would need to be checked vis à
vis a clear mandate to the
CSTEE as related to the
needs/objectives of the opinion
request in question. A concern
that a specific CSTEE member
expressed was whether the
questions would be only on lead
or whether there might be
extrapolations to other metals
as well. The question stemmed
from the realisation that, very
often, data looked at on one
chemical includes conclusions
on others and the temptation
may be there for widening the
scope of the conclusions.
Other aspects discussed
(although admittedly not the
kind of subjects falling within
the remit of the CSTEE) were
possible internal marketing
implications coming about from
a general ban on a chemical in
one single country.
It was pointed out that
what the CSTEE will have to
look at are the risks and give
opinions on risks. The task of
judging the proportionality of
any measures is not the CSTEE's
responsibility but for making
such a judgement a good
scientific basis is necessary.
Given the schedule of
meetings with the following
plenary due to take place by
the end of September, on the
understanding that the
responsible Commission services
would like to have an opinion
adopted by the November
plenary, a working group
meeting as soon as possible in
view of having at least a draft
ready for presentation at the
September plenary was judged
indispensable.
The CSTEE chairman said
that this should not be too
problematic since the
representatives of Commission
services had given reassurances
that both the terms of
reference and the data would be
provided in the course of the
week after the 10th CSTEE
plenary.
8. Euromarker in oil system
- progress report
Some aspects of the
discussion on this topic as
they had taken place at the
occasion of the previous
plenary meeting were reminded.
The chairperson/rapporteur for
this particular opinion request
was entrusted with the task of
obtaining more data if possible
and in particular to contact
BASF, manufacturers of the
product (solvent yellow 124).
Furthermore more data was also
obtained by the Commission
requester service, sent to the
CSTEE secretariat and
subsequently distributed to the
CSTEE.
However what was
obtained was scarce and not
necessarily very informative.
Furthermore the problems raised
by the Danish authorities may
not be strictly speaking due to
the chemical under
consideration but either to
other dyes or even to effects
of the fuel itself and not the
marker. The kind of effects
observed (i.e. skin and throat
irritation, coughing, etc.),
are all perfectly attributable
to the fuel itself.
Patch tests have been
carried out with dyes, oils and
other compounds and the results
were that at given
concentrations (below 10%) the
dyes did not have any
irritating effects particularly
if used in open air. On the
other hand it is known that the
oils have irritating
properties. It would look as if
this might have been due to
their solubility allowing for
an easier skin penetration.
The concentration of the
dyes being in the region of 3
to 5 ppm, and therefore very
low, they would indicate, given
the above, that the effects
cannot be attributable to it.
On the other hand toxicology
data on those dyes is missing.
Things get more complicated if
one bears in mind that there
are other dyes too, i.e. one
blue which has to be added to
the yellow to give the fuel its
known greenish colour and the
blue dye is not listed in any
of the publications consulted.
It was reminded again
that the Danish concerns
stemmed also from an accident
in Sweden and that the Swedish
authorities carried out a very
thorough investigation.
Apparently the Swedish data
points out that the dye is
toxic to aquatic organisms and
that it can bioaccumulate.
Unfortunately no copy of the SW
study was available in English
to the CSTEE. The new SW member
of the CSTEE commented on her
experience with the so-called
Swedish accident. Apparently
the "problem" arose when the
two azo colorants were added to
a so-called environmentally
classified fuel used
essentially in wood cutting
devices for forest processing.
It was especially in that
sector that people experienced
irritations. There were so many
cases that investigations were
carried out, with and without
the colouring agents. Other
tests done were combustion
exhaust tests, chemical
analysis, and determination of
mutagenic substances used in
the test and so on. Skin tests
with the oil were also done, as
well as volunteer studies with
people working with such
machinery and not exposed
people as controls.
Some of the tests that
were carried out were closed
chamber experiments where the
exhausts would be introduced.
The battery of tests also
included function tests,
inflammatory and even
psychological tests. It was
therefore quite a thorough
study.
The conclusions were
that there was no difference
dependent on whether the
colouring agents had been used
or not. The conclusion was also
that the so-called
environmentally good fuel was
more irritating to the skin as
it contained less aromatic
compounds and more long chain
aliphatic ones making it
obviously more irritating to
the skin.
The inevitable
conclusion was that there was
an unfortunate time coincidence
in that both the colouring
agent and the new fuel
(environmental friendly) oil
specification were introduced
simultaneously. However, given
the results of the thorough
testing conducted, it was
obvious that it had been the
change in oil specification and
not the adding of the colouring
agent that was at the source of
the health problems observed.
The toxicological data
on these colouring agents was
looked at but there was not
much information although it
would look as if, given the
structure of the yellow dye,
one could expect some
carcinogenic effects, in spite
of the fact that no testing had
been conducted on that.
Under such circumstances
the Swedish authorities had to
conclude that, from the
toxicological data available,
none of the colorants looked
'nice'. However, other
alternatives used by other
countries, on which there was
also very little toxicological
information, did not seem to be
better either.
Prof. Dybing informed
the CSTEE about the interest
that the Norwegian authorities
have on a decision on this
opinion request as they wanted
to pass legislation on the blue
and the yellow colorants. The
situation is complicated in
Norway as it has a special
agreement within the EEA
agreement. If Norwegian
authorities were to decide on
their own regardless of such
agreements the yellow colorant
as such would probably pass the
Norwegian classification
system.
This is the reason why
the Norwegian authorities are
interested in knowing whether
there are any ongoing plans to
evaluate these chemicals within
the EU system. This is
important because their system
is harmonised to the EU one but
different decisions could be
taken on given compounds.
It was reminded that
classification issues are the
province of DG XI but nobody
from that Directorate General
was present to give
information.
The terms of reference
submitted by DG XXI were
reminded to help focus the
discussion but in spite of the
fact that the question was
explicitly centred on one dye
it was the opinion of some
CSTEE members that, to the
extent that there might be
three dyes involved, one could
not exclude that the risk
assessment should focus on all
three and not just one. One
other aspect was that, in spite
of the fact that the concerns
seemed to be on acute effects,
chronic ones should be a cause
for concern as well.
A CSTEE member expressed
the view that, even though
tests might have been carried
out in Sweden one could not say
that there are no risks as very
sensitive methods would be
needed to register effects. The
CSTEE ought to make a
toxicologically based
evaluation of these colouring
agents.
As far as the
toxicological information
available was concerned this
was extremely poor, both for
the blue and the yellow
colouring agents and also for
some of the other agents that
were looked at and some that
were actually used, there were
no toxicological information at
all.
What one should ask for
is of course that the producers
of these compound should make
more thorough investigations of
the health effects or even
ecotoxicological effects of
these compounds; and even if
the concentration in the oil is
just 5mg per litre, still huge
quantities of oil are being
used, so the total quantity of
these agents that are being
produced cannot be so small.
Two aspects were also
reminded: one was that the
chemical should definitely be
produced in large quantities
and so this should require a
certain amount of toxicological
and ecotoxicology information
apparently not currently
available. But because these
are existing chemicals, and
this seems to be the case, data
can be asked for. On the other
hand the presence of these
chemicals is in the ppm region.
The logical conclusion is that
the oil must be the toxic
element and not the dyes.
It was also suggested
that the previous azo-dyes
working group could take on the
task of discussing the subject
and that to start a draft could
be produced and circulated
between members. Depending on
the initial results of this
approach one could consider
either stick to the limited
scope of the terms of reference
or expanding to some
recommendations.
Concerns were
subsequently expressed about
the ecotoxicological effects of
the dyes as acute toxicity
tests had been carried out on
daphnia and growth reduction in
green algae was also observed.
It would look as if
these two compounds, the blue
and the yellow colouring
agents, are not biologically
degradable. Based on physical
and chemical data they are
seemingly potentially
bio-accumulative, the
conclusion being that these
chemicals can be
environmentally hazardous and
therefore one probably should
somehow evaluate the risks of
these dyes against what is
known and what can be
reasonably predicted on the
basis of scientific data today.
To conclude the
rapporteur confirmed the brief
given to him. In principle the
task is to address the terms of
reference as they stand and not
to cover environmental aspects
unless a different decision is
taken. A draft will be
circulated between other
members of the working group
for comments. In principle the
CSTEE should aim to adopt the
opinion by the September 99
plenary.
9. The use of measured
exposure data in risk
assessments - progress
report
Prof. Jansson made the
presentation of this point on
which a paper had been
previously distributed. He said
that some sort of the combined
modelling/measuring activity
could be very useful. The paper
contains some recommendations
accordingly.
On important premise is
to make the existing data more
available and this was
considered essential. As to
combined monitoring data, they
are not published in a regular
way. That has been discussed in
the European Environment Agency
together with OECD, and a
meeting is being envisaged to
discuss that. Another
possibility to improve the data
base for measuring data for
compounds to be risk assessed
is following the Japanese
experience where they have been
working on at least more than a
thousand compounds. They have
now some data on the compounds
and they have divided the work
between the prefectures in
Japan. Local laboratories have
taken a couple of compounds
each and developed the methods
necessary and then made a
measured survey.
Many of these data are
very useful but one has also to
realise that some of the
measurements are quite old.
There are much better methods
today and some of them should
be repeated. Perhaps even for
some of them a special survey
for the European situation
should be carried out and some
sort of survey programme should
be set up in support of the
risk assessment procedures. At
least get some sort of basic
information on the levels of
these compounds in the
environment which is something
that is also going to be
discussed in the EEA where a
meeting will take place with
people involved in monitoring
in the EU.
But perhaps this is not
the most clever use of the
measurements in the process and
one could say that
possibilities to include some
resources in the risk
assessment procedure for
complementary measurements
would be very useful. In many
cases this is not needed, but
in some other cases where one
can see possible problems it
might be useful, especially if
it is coming out from estimates
from models of exposure.
It would be desirable to
have the possibility to go in
and verify this exposure data
in some way. One can just
mention the possibility to use
the JRC for this; if one could
find some resources within the
JRC to be used in the risk
assessments in the EU it would
be a good way to do it.
And lastly it is
recommended that the
communication channels between
users and developers of models
should be as open as possible
as the users sometimes are not
very experienced in modelling.
They are using these models as
black boxes and they have
difficulties to judge the
outcomes. Including people that
know about models in that work
is essential. The reverse is
also true: when the use of the
models indicates that something
is wrong, there should be a
feed back to the developers to
improve the models.
There are still some
question marks about how that
should be done. The situation
is probably improving and a
meeting took place last year
where it was obvious that the
communication was not working
well between those developing
models and those using models
and doing the monitoring. The
third element of the process
would be the inclusion of
measurement activities in the
risk assessment procedures.
Perhaps the CSTEE could put
forward ideas to improve the
situation.
The CSTEE chairman
wrapped up the discussion
saying that since the CSTEE has
a working document and that
there are several issues,
firstly it is probably better
for the CSTEE not to "reinvent
the wheel". But perhaps paying
some attention to modelling
should not go amiss if tackled
in a generic sense. Consistency
of information when one is
getting exposure assessment
from e.g. consultants, is
necessary. It is the sort of
framework that one ought to
recommend for exposure
assessment information.
It is important for
surveillance and on certain
chemicals or substances one is
looking at, one ought to flag
those up as needing some sort
of surveillance program. These
are all key issues. A working
group is probably needed but it
need be a focussed working
group. On the other hand the
committee should come up with
some views on what are the key
issues and how one might move
forward.
In the EU chemical
framework what is needed is
exposure assessment for the
sort of materials being dealt
with and a suitable document
within the Community in this
area probably does not exist.
But clearly one needs to
highlight this as a part of the
research needs, because of the
gap, and one should draw on
anywhere where that is being
done in order not to "reinvent
the wheel".
Later, some more
detailed information may be
needed after that because when
one gets reports from
consultants or others, e.g.
DG3, other information becomes
available. It may not reflect
the situation in nature and
because of the way in which is
presented, assumptions are
made. One should look for some
consistency in some strong
sense coming through the
exposure, rather than a "wait
and see" approach.
One should also be
concerned with verification of
the data. It is true that the
European Environment Agency if
they have a contact list of the
national authorities
responsible for air and water
quality in each country then
one can just e-mail them and
say: "can you confirm the
following data of monitoring
data or exposure data, or
models, chemical in your
country?", and if they say
"no", you will have had no
assessment done, and if the say
"yes", this is confirmed by the
analysis at that laboratory.
The CSTEE chairman
called a halt to the debate
suggesting that a small working
group be formed. Himself with
the secretary and Prof. Jansson
will try to write some sort of
brief, the idea being not to
deal with the total problem all
at once. Membership was
suggested and an informal
composition agreed. The
preparation of the brief will
take place as soon as possible
and will subsequently be
circulated for comments. The
chairman concluded the point
expressing the view that this
could well be one of the most
important activities that the
CSTEE could engage into.
10. Toxicological
characteristics and risks of
certain citrates and adipates
used as a substitute for
phthalates in plasticisers in
certain soft PVC products -
progress report on the request
for an opinion
Before the presentation
of this point started, a brief
discussion took place on the
availability of the following
reports:
Consumer Safety Research
Report - LGC Technical Report
Number : LGC/1999/DTI/004 -
June 1999 "Interlaboratory
Validation of Laboratory-based
Agitation Methods for the
Determination of Phthalate
Plasticiser Migration from PVC
Toys and Childcare Articles"
(CSTEE/97/1-Add 148/D) and
Validation of the method
"Determination of
Diisononylphthalate in saliva
simulant" - TNO report V99.598
from Rinus Rijk & Karl
Ehlert (TNO Nutrition and Food
Research Institute) - 27 May
1999 (CSTEE/97/1-Add 149).
The former had been sent
to the CSTEE before the meeting
at the request of LGC who had
sent copies. Copies of the
latter were distributed during
the meeting. The CSTEE chairman
welcomed the submission of the
reports and, on behalf of the
committee, congratulated
himself for realising that the
recommendations of the CSTEE in
its previous "Phthalates"
opinion had seemingly been
endorsed in practice
(validation attempt of the
conclusions of the so-called
Dutch study on a possible
standardisation of test method
to measure phthalate release).
The representative of DG
XXIV/A/4 recapped the sequence
of events on this opinion
request, particularly as
regards the provision of data
on citrates/adipates to the
CSTEE. It was pointed out that
the limited resources available
to Commission services did not
allow to carry out an ideal
data search. In spite of this
the CSTEE got some. Some had
been provided by Industry and
some other via the Scientific
Committee for Food (SCF) who
had evaluated a few of these
chemicals. This did not prove
to be an easy process, mainly
for logistical reasons, but a
synoptic document was provided
and should the CSTEE deem it
necessary, the underlying
dossiers can be provided as
well.
The CSTEE was asked
whether, since Mrs Knaap (from
the SCF) is a member of
"Phthalates and substitutes"
working group, the
perspectives/conclusions of the
SCF would not be represented
anyway. The question was also
asked whether perhaps direct
contacts between the
chairpersons of the CSTEE and
of the SCF would not be a means
of obtaining such data.
The CSTEE chairman
answered saying that, as
chairman of the committee he
would be quite happy to talk to
the SCF chairman but that in
any case more detailed data
would have to be provided
because the CSTEE could not
operate on the basis of summary
information.
The DG XXIV/A/4
representative also gave the
information that a two
generation reproductive study
on acetyltributylcitrate should
be available soon as
reassurances have been given
that it is in the stage of
completion.
A recurrent issue
(raised in previous CSTEE
meetings and again during this
one) was that of which of these
substances (citrates/adipates)
were in effect used in toys.
From information provided by
producers of such substances
(included in a documentation
package submitted before this
meeting) in respect of
citrates, apparently only one
of the substances is being used
or considered for use in toys.
It would look from that
information that the relevant
citrate is only one, and it
happens to be the one for which
the conclusion of a two
generation study is still
pending.
The question was asked
whether the other citrates are
not used or whether this is not
known, to which the answer was
that they are apparently not
considered by toy
manufacturers. Another
indication seems to be that the
American Toy Manufacturers have
also suggested that ATBC was a
potential candidate for a
plasticiser in toys.
On adipates, checks have
been carried out on the
available data but the adipates
identified were included in
information that came by the
end of last year, from
government laboratories who
tried to identify plasticizers
in toys. On the other hand
there was no co-operation
whatsoever from producers of
adipates in identifying
substances, nor have Commission
services had any co-operation
in this area from the toy
manufacturers. Therefore, with
regard to adipates, Commission
services can only tell the
CSTEE that the adipates that
have been specifically
mentioned in the terms of
reference were those which were
reported by some national
government laboratories as
something they have found
themselves in toys.
Apart from this there is
very little else that can be
said but apparently there are
other substitute materials.
This information has been made
available by DG III. This seems
corroborated by some surveys
carried out by M. States'
authorities on what kind of
materials and substitutes are
found in the market. Of course
such data are all sort of
"snapshots" of the situation in
different moments, but one of
the surprising things that was
discovered would be that there
were enormous amounts of other
materials being used. That
might be something to take into
consideration. It looks as if
we have a very confusing
situation, and we have not been
able to further narrow down the
terms of reference.
A CSTEE member asked the
question of whether there was a
legal framework on what is
allowed in children's toys to
which the answer was that there
is a toys directive but that
one should probably work more
on a sort of assumption that
there should be nothing
dangerous in there, rather than
prescribing all the things. One
of the characteristics of the
toys directive is that it does
not go into the details of
which substances are allowed or
not.
From the side of the
CSTEE secretariat the
information was given that the
toys directive is a new
approach directive based on a
number of presumptions: number
one that a product is safe if
it is in conformity with the
"upper-stream" directives (in
this respect the toys directive
is subsidiary of other
legislative instruments). This
means for instance that the
toys directive must comply also
with other directives in force,
for instance the directive on
limitations of marketing and
use, but certainly with
chemicals legislation in
general. In practice, should
phthalates be banned in the
framework of the limitations
directive, they could be
automatically banned in toys if
such were the scope of the
measure. But the situation is
such that, from a legal point
of view there is no ban until
now on these phthalates. But
this is where DG3 is making
progress and where work is
ongoing at community level and
this is the current legal
situation.
Currently, in order to
follow the essential
requirements, the manufacturer
has two possibilities: either
to follow harmonised standards
or abide to a certification and
that is when a certification
body is needed.
The CSTEE secretary
reminded that as regards the
data supplied on the
availability of substitutes,
the origin of the data sent to
de committee stemmed from an
agreement reached at a member
state's experts meeting in
February where a request was
made for the information they
had available on alternatives
to phthalates in toys to be
submitted to Commission
services (DG III). However this
seems to have been understood
to mean alternatives not only
to phthalates (plasticisers)
but also to other matrix
materials. A document submitted
by Greenpeace (CSTEE/98/17-Add.
35) describes substitute
materials to soft PVC.
The CSTEE secretary
reminded the exact scope of the
terms of reference submitted to
the committee. The CSTEE has
been specifically asked about
Phthalates substitutes but on
the other hand other
stakeholders are bringing in
the issue of the substitution
of PVC into the discussions.
From the documentation made
available to the CSTEE, and the
correspondence from Sweden is
revealing, the issue there does
not seem to be so much related
with phthalates or other
plasticisers but rather with
PVC and with the perceived need
to replace PVC itself. In terms
of the scope of the forthcoming
CSTEE opinion this should be
borne in mind.
At this point the CSTEE
chairman tried to summarise the
situation saying that there are
a number of issues to consider.
One was whether the CSTEE needs
to revise its opinions on
phthalates, perhaps simply
updating it. On the other hand
there are some new test methods
which the CSTEE should look at
in the light of whether it fits
the proposal the CSTEE made in
its previous opinion. Finally
there is the issue of citrates
and adipates as alternatives
but that is where the following
presentation made by the
working group chairperson would
enlighten the committee.
The phthalates working
group chairperson welcomed the
provision of data from both
responsible Commission services
and made an initial
presentation on the state of
play as regards data so far
made available to the CSTEE and
its intrinsic usefulness.
Unfortunately the conclusion
had to be that there is still a
"lack of data problem" and this
in spite of the data obtained
from the SCF who have taken a
look to citrates and adipates
and from them one knows what
was available or not.
The one chemical on
which more data has been
provided is ATBC, on which
there is some toxicological
data, but previous assessments
of the SCF could not establish
an acceptable daily intake or a
tolerable daily intake about
this substance because there
was not enough data available.
However this has now recently
been evaluated or re-evaluated
by JECFA (Joint Expert
Committee on Food Additives) in
Rome just at the beginning of
the previous month of June 99
and as soon as that report is
available the CSTEE will
consider it. Contacts will be
established with JECFA to
ensure that this is done
The working group
chairperson then made a
detailed description of the
conclusions so far possible on
the range of chemicals
considered (citrates/adipates).
The overwhelming conclusion was
that, at the time of the
presentation, data was
seemingly not available, or not
of sufficient quality, that
could allow for a proper
characterisation to be made of
those chemicals, particularly
bearing in mind the nature of
the questions asked in the
terms of reference submitted to
the CSTEE back in December
1998. On the other hand the
confidentiality issues raised
in particular by one
manufacturer posed the problem
of how should that data be used
in this consultation.
The DG XXIV/A/4
representative made an account
of the contacts established
with industry to try and find
more data. There are basically
two industry sectors involved:
citrates producers and
phthalates producers. Citrates
producers are a completely
different line of business from
the phthalates producers if
only because the phthalates
producers are the old
companies.
In between them is the European Council of Plasticisers and the European Chemical Industry. So far the Chemical Industry and the plasticisers Council have apparently followed the phthalates producers line. The only sources of industry information on alternative plasticisers have been the citrates' who have supplied data. Industry has been asked many times to co-operate, by DG3 and by DG XXIV to supply the information that is available to them and therefore there is nothing more that can be done. Generally one assumes that when we are being told by industry that a certain substance is used for certain applications and not for others one would be generally inclined to take that information as valid because it would not be in their interest to cheat on that. Also if the same information comes from a completely different source of toy manufacturers in the US, one would be inclined to think that that is a serious piece of information.
On the other hand the
surveys that have been carried
out are not necessarily
representative if anything
because some of them have been
carried out with the intention
of finding phthalates.
One of the new CSTEE
members asked whether one could
assume that the question asked
was whether citrates/adipates
were "better" than phthalates
to which the chairman answered
saying that, by inference, one
could accept this to be in fact
the question. However, in
practical terms a positive
answer could not be given as
long as comparable data is not
available since it is dangerous
in toxicology to say something
is safer because there is less
data. That would make compounds
on which there were no data the
safest of all (absence of
evidence is not evidence of
absence).
A CSTEE member raised
the point that it could in
principle be possible to make
conclusions on a chemical that
is hydrolysed but some
commented back saying that the
breakdown rate of hydrolysis is
not known and that,
furthermore, hydrolysis
products can be active. Even if
ones contends that this is not
likely, data is needed to prove
that.
The discussion of this
point was concluded in that a
draft needed be prepared and
circulated among working group
members. A decision on whether
to organise a meeting before
the plenary would be taken
depending on a number of
variables as perceived need,
availability of members, status
of draft, etc.
Some suggested that, on
the discussion on methods of
phthalates extraction
measuring, the important thing
to do is decide what is the
best method, also considering
other methods in the US.
It was also suggested
that the first issue to address
is the draft on
citrates/adipates. The 2nd
issue is the tests and although
the CSTEE has not been formally
asked an opinion on those it
would be interesting to see
whether the working group
thinks that they meet the
criteria set by the CSTEE.
The representative of DG
XXIV/A/4 reminded the CSTEE
that, bearing in mind that
there are a number of other
materials which presumably are
or can be used as replacements
of soft PVC, if there is any
remark that the CSTEE would
like to make on those other
materials its views will be
extremely welcome. The DG III
representative pointed out that
any suggestions for the CSTEE
to take on other tasks such as
the one described should be
discussed between the services
before.
Finally the
representative of DG XXIV/A/4
explained how they would like
to proceed with the analysis of
the TNO and LGC reports. In a
first instance they submitted
them to the 'Risk evaluation
unit' of DG XXIV. On the basis
of their analysis the issue
will be discussed with other
Commission services and a
decision will be made on what
questions will be asked to the
CSTEE on this.
The CSTEE chairman
suggested that the committee
could as a starter just say
whether they fit the criteria
set by the CSTEE in their last
opinion. A detailed analysis
will not be carried out before
the Commission submits terms of
reference.
Regarding a possible
update of the "Phthalates
opinion" this will take place
if necessary as and when data
is provided that will indicate
such a need.
11. Available scientific
approaches to assess the
potential effects and risks of
chemical substances on
terrestrial ecosystems -
progress report
On behalf of the
chairperson of this working
group the CSTEE secretary gave
the committee information
submitted by him. Basically a
range of activities at OECD
level, SETAC, etc. were
mentioned, all of which should
provide the CSTEE useful input
on the subject. The CSTEE
secretary also gave the
information that, at the
competent authorities meeting
that had taken pace in Berlin
in mid June and which the CSTEE
secretary attended, M. States
representatives were informed
about the fact that the CSTEE
had engaged in this activity
with some of them showing
interest in following it and/or
participating. DE in particular
have already contacted the
CSTEE secretariat suggesting
experts to integrate the CSTEE
working group. Suggestions will
be submitted to the working
group chairperson for his
appreciation.
12. Feedback from the
competent services of the
Commission on the follow up to
the opinions adopted previously
by the CSTEE
The representative of DG
III made an account of the
situation on Arsenic. The
information on the possible
voluntary commitment with
industry given at the previous
meeting was confirmed, but
according to the procedures
other EU institutions will have
to be informed (EP, Council). A
formal procedure will start
soon.
Regarding asbestos the
Commission proposed a more
stringent directive (ban) than
was the case before and EU M.
States voted favourably but at
the same time there is a WTO
complain against France which
is being assisted by the EC and
the position of the CSTEE has
been used in this context.
However, even though the
directive was voted favourably
by M. States it needs to be
formally adopted and in this
case it is the Commission who
should do so but the procedure
has been momentarily suspended
at the request of Commissioner
L. Britain because of other WTO
cases.
Regarding Creosote, the
opinion stemmed from a request
from M. States to keep their
more stringent legislation and
these decisions are at the
stage if inter-service
consultation. Some formal legal
changes were considered
necessary with the entry into
force of the new Treaty, and
that is why there have been
delays.
The Creosotes opinion
has been the subject of a
letter from Tar manufacturers
who wondered why there has been
a revision of the opinion. The
working group explained that
this was due to the fact that
the initial figures used in the
calculations were incorrect.
On azo dyes there is a
proposal for a ban which is
also going through
inter-service consultation and
some comments are being taken
into account before the
proposal is finalised soon.
On Cadmium, PCP and Tin
organic compounds a directive
has also been proposed with
which the M. States agreed and
which has been published in the
Official Journal. However, on
Cadmium, as reported last time,
DG III would like to review the
Cadmium provisions as what has
been done in the directive was
giving the new M. States,
Sweden and Austria, the
possibility to keep their
stricter legislation for an
additional period of time as
there is a lack of information.
More data will be available
under the existing substances
regulation and perhaps also an
update of the study which the
CSTEE peer reviewed and found
not very satisfying will be
carried out. A draft
specification for a study is
being elaborated by the
relevant Commission service.
A paper criticising the
CSTEE approach in its opinion
on tropospheric ozone was
described and some of its
content analysed vis à vis the
previous debates on the
subject. The criticisms in the
paper are levelled vis à vis
the AOT 40 concept in
particular and were judged by
the CSTEE difficult to accept
as, from the paper, it was
impossible to ascertain whether
an argument was being either
made in favour or against it.
13. Information related to
the opinion on Human and
Wildlife Health Effects of
Endocrine Disrupting Chemicals,
with Emphasis on Wildlife and
on Ecotoxicology Test Methods
A short discussion on
this topic took place. The
message was reiterated by the
CSTEE secretariat and endorsed
by the CSTEE, that it should
keep the watching brief, i.e.
keep an eye on developments in
view of
improving/changing/updating the
CSTEE opinion as and where it
might become necessary.
The working group
chairperson further informed
that, by the look of the latest
developments it seemed as if
repeated low dose findings
should not be considered any
longer an issue. Effects are
seldom reproduced, hence the
doubts surrounding this issue.
On the other hand, on the issue
of tests, the in vitro ones are
still preferred.
14. Update by the CSTEE
chairman on the latest meetings
of the Scientific Steering
Committee on matters of
interest to the CSTEE
The CSTEE chairman
informed the committee about
the new rules of SSC
membership. The SSC has
continued its activities on
BSE, this time on disposable
fallen stock , dead animals
which might have been
contaminated. Other issue under
its programme is antibiotic
resistance on which an
important meeting will take
place during the current month
of July and one important point
already raised is that there is
quite a knowledge gap on
problems related to the
environmental dissemination of
antibiotics.
15. Arrangements for the
next meeting of the CSTEE
The next plenary meeting
was confirmed for the 27/28th
of September 1999 in Brussels.
16. Any other business
The information was
given that a consultation of
the CSTEE might take place in
the short term future on the
Technical Guidance Document in
support of the Biocides
Directive (98/8/EC).
Prospects of a future
consultation of the CSTEE on
future finalised risk
assessments produced under
Regulation 793/93 were
discussed. As DG XI had
provided a list of the
substances in the priority
lists whose risk assessments
are likely to be ready sooner,
these were discussed The point
to note is that none should be
ready for submission before
October 99. Hence presumably by
the September plenary no news
will be available yet.
The DG III
representative gave the
information that the CSTEE
should expect to be consulted
in a not too distant future on
methylene chloride, textile
chemicals and, as already said,
on Cadmium.
Annexes:
I - Final agenda
II - Attendance list
SCIENTIFIC COMMITTEE ON
TOXICITY, ECOTOXICITY AND THE
ENVIRONMENT (CSTEE)
10th PLENARY MEETING -
1st of July 1999, 9H30 a.m.
National Institute of
Public Health (Folkehelsa)
Geitmyrsveien 75 (access
via Lovisenbergaten), Oslo,
Norway
- DRAFT AGENDA (rev. 2)-
1. Adoption of the draft
agenda
2. Presentation of new
CSTEE members
3. Declarations of
interest
4. Information from the
CSTEE secretariat
5. Adoption of the draft
minutes of the 9th CSTEE
plenary meeting held on the 7th
of May 1999 in Brussels
6. Progress reports on
opinion requests related to the
'Water framework directive':
A.
I) Report from a study
on Technical specifications for
classification and presentation
of ecological status of surface
waters, March 1999 and
II) Report from a study
on Technical specifications for
monitoring of ecological status
of surface waters, March 1999
B. Revised proposal for
a list of priority substances
in the context of the Water
Framework Directive (COMMPS
procedure) and Draft Final
Report on the Assessment of
options of the statistical
treatment and evaluation of
monitoring data within the
COMMPS procedure
7. Strategies for
dealing with additional opinion
requests submitted by other DGs
of the Commission:
i) Opinion request on a
proposed "ready
biodegradability" approach to
update detergent legislation
(EC - DG III/C/4)
ii) Other
8. Euromarker in oil
system - progress report
9. The use of measured
exposure data in risk
assessments - progress report
10. Toxicological
characteristics and risks of
certain citrates and adipates
used as a substitute for
phthalates in plasticisers in
certain soft PVC products -
progress report on the request
for an opinion
11. Available scientific
approaches to assess the
potential effects and risks of
chemical substances on
terrestrial ecosystems -
progress report
12. Feedback from the
competent services of the
Commission on the follow up to
the opinions adopted previously
by the CSTEE (note: given the
exceptional nature of the venue
most of the information under
this agenda item may have to be
provided via the CSTEE
secretariat)
13. Information related
to the opinion on Human and
Wildlife Health Effects of
Endocrine Disrupting Chemicals,
with Emphasis on Wildlife and
on Ecotoxicology Test Methods
14. Update by the CSTEE
chairman on the latest meetings
of the Scientific Steering
Committee on matters of
interest to the CSTEE
15. Arrangements for the
next meeting of the CSTEE
16. Any other business
LIST OF PARTICIPANTS
CSTEE:
Prof. James W. BRIDGES,
Prof. Philip L. CHAMBERS, Prof.
Erik DYBING, Prof. Bo JANSSON,
Prof. S. KYRTOPOULOS, Dr. Ole
LADEFOGED, Prof. Dr. José
RUEFF, Prof. Mirja
SALKINOJA-SALONEN, Prof. Marco
VIGHI, Prof. Joseph VOS, Prof.
Dr. Helmut GREIM, Dr. Claude
LAMBRE, Prof. Katarina
VICTORIN, Prof Janneche U.
SKARE, Prof. Marc COSTELLO
European Commission:
DG XXIV: Mrs M. de SOLÀ,
Mr. J. COSTA-DAVID, Mrs A.
FOKKEMA.
DG III/C/4: Mrs L.
PERENIUS