Committee Reports > List of Committees > Joint > 1979 > Committee on the Secondary Legislation of the European Communities > Report No. 48 - Energy Labels for Electrical Household Appliances and Plastic Packaging

REPORT

INTRODUCTION

Proposals Examined

1. The following proposals examined by the Joint Committee are aimed at the removal of non-fiscal barriers to trade by harmonising the relevant national laws of the Member States:

(a) Draft Council Directives [R/2163/78 (ENER 54) (ECO 182)]

— on the indication by labelling of the energy consumption of domestic appliances

— applying the aforementioned Directive to electric ovens,

(b) Draft Council Directive [R/1444/78 (AGRI 437)] on the overall migration limit for the constituents of plastics materials and articles intended to come into contact with foodstuffs.

2. The Committee had completed its examination of these proposals when the Council on 14th May, 1979 adopted the proposals contained in document R/2163/78. It has nevertheless decided to report its views on the document to the Houses because one of the proposals adopted was for a framework Directive establishing the principles on which future specific Directives will be based.

ELECTRICAL HOUSEHOLD APPLIANCES

Background

3. The Commission regards the principle of labelling electrical household appliances as emanating from a Council Recommendation of 4th May, 1976 on the rational use of energy for these appliances. It states that since then one Member State has made a labelling system indirectly compulsory as part of its regulations on advertising and that others are contemplating the introduction of compulsory or voluntary systems which differ slightly. In the Commission’s view this could have the effect of raising a barrier to intra-Community trade.

Contents of Directives

4. The Directives consist of (i) a framework Directive which will require Member States who have introduced, or who will introduce, an energy consumption label for specified domestic appliances (ovens, freezers, T.V.s etc.) to use the label which will be prescribed in the specific Directives to be adopted for each individual appliance and (ii) a specific Directive prescribing a label to be used for electric ovens. These labels would inform the public of the energy consumption of the appliances under normal conditions of use with the object of promoting the production and use of appliances which are economic in energy consumption.

5. Under the framework Directive Member States are not being required to introduce a labelling system but if they do manufacturers must use the label prescribed in any specific Directive relating to the appliance in question. The Commission considers that a mandatory system applying in all Member States is not necessary at this stage.

Implications for Ireland

6. Of the appliances covered by the framework Directive, fridges, deep freeze units and televisions are manufactured in this country. If specific Directives are adopted in respect of these appliances, it would be necessary, if a decision is taken to introduce an energy labelling system in this country, for manufacturers to supply energy consumption labels. Even if a mandatory system were not introduced here, it would still be required that any label in fact used must correspond to the label prescribed in any relevant specific Directive.

Views of the Joint Committee

7. The Joint Committee welcomes the adoption of the Directives as it believes that a labelling system should encourage the production and use of low-consumption appliances and thereby help in promoting a rational use of energy. The Committee is advised that labelling would not increase manufacturers’ costs to any appreciable extent.

Acknowledgment

8. The Joint Committee wishes to thank the Confederation of Irish Industry for its invaluable assistance in considering the Directives.

PLASTIC PACKAGING

Background

9. As part of its programme to eliminate technical barriers to trade the Council adopted an outline Directive on 23rd December, 1976 to harmonise the laws in the field of materials and objects intended to come into contact with foodstuffs. It laid down the general principles, criteria and procedure to be followed in the drafting of the specific implementing Directives applicable to specific materials. The present proposal is the third for a specific Directive put forward by the Commission and follows those on ceramic materials and on materials and objects containing monomer vinyl chloride [see Fifty-ninth Report of former Joint Committee (Prl. 6267)] which have yet to be adopted.

10. Plastics may, after contact with foodstuffs for reasonably long periods, transfer substances, including toxic substances, by a process of migration to the foodstuffs themselves. In all Member States there are restrictions in some form or other on the substances which may be used in plastics. Four Member States (Belgium, France, Italy and the Netherlands) have, in addition, adopted legislation prescribing maximum levels of migration for plastic materials. In the Commission’s view the different legislation adopted in the Member States constitutes a technical barrier to trade for the elimination of which the adoption of the proposed Directive is necessary.

Contents of Proposal

11. The Draft Directive proposes that the overall migration level of the constituents of plastics material and articles into or onto foodstuffs should not exceed prescribed limits. The verification of these limits would be carried out using conventional migration tests, the basic rules for which are set out in the draft Directive. The limits and tests could be changed from time to time if developments in scientific and technical knowledge so warranted.

Implications for Ireland

12. There is at present no Irish legislation on the subject. It had been thought originally that, as raw materials or constituents for plastics materials and articles were not manufactured in Ireland, Irish industry would be in compliance with the Directive provided written guarantees of compliance were obtained from their suppliers of raw materials. It has transpired, however, that this is not the case and that compliance with the Directive would involve for industry the establishment of expensive testing facilities in order to test packages before despatch to users. The consequent increase in the costs of packaging materials would inevitably be passed on to the food manufacturers and thence to the ultimate consumer. The Joint Committee is advised that the increase in manufacturers’ costs would be of the order of 2 per cent.

Views of the Joint Committee

13. In the Joint Committee’s view it is essential that the Irish Food Industry should have unhindered access for its products to any part of the Community and this should be the prime consideration in examining the draft Directive. However it has been represented to the Committee that the adoption of the proposed Directive would not, in fact, have the effect of removing a technical barrier to trade. The Plastics Industries Association has informed the Joint Committee that the legal controls in France, Belgium, Italy and the Netherlands do not specify an overall migration limit and do not present a barrier to trade with these countries. In the Association’s opinion there is no evidence that a material would comply with the existing law in one country, but fail to comply with that of another. Clearly, if this is so, there is no justification for adopting a Directive under Article 100 of the EEC Treaty and the Committee recommends that the proposal be specially examined from this point of view before it is proceeded with further.

14. There have also been representations made to the Joint Committee that there is no evidence to support the claim that the proposed Directive would increase the protection of the consumer. It has been suggested to the Committee that if there are undesirable elements in plastics in contact with food they would need to be controlled specifically by specific migration limits and that the overall migration level proposed is so low that it could not have any significant effect on preventing adulteration. In light of these representations and having regard to the cost involved the Committee recommends that the scientific evidence on which the draft Directive is based should be carefully appraised if in fact it is established that there is a barrier to trade which requires to be eliminated.

Acknowledgements

15. The Joint Committee wishes to express its appreciation of the invaluable assistance it received from the Plastics Industries Association, the Irish Packaging Institute and the Food, Drink and Tobacco Federation in its examination of this proposal.

(Signed) MICHAEL NOONAN,

Vice-Chairman of the Joint Committee.

30th May, 1979.