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Memorandum of The Paris Appeal - 2006
Memorandum of The Paris Appeal - 2006
Memorandum of The Paris Appeal - 2006
The Paris Appeal has now been signed by many international scientific key figures and by the
Standing Committee of European Doctors (SCED) which represents all medical governing bodies
and medical organizations in the 25 EU Member States.
This Appeal underlines the relationship of cause and effect between chemical pollution and
diseases.
In order to preserve childrens health and the health of future generations, it is vital that the
European Union and all Member States consider the preservation of health and the environment
as the central issue of all public policies.
The concept of sustainable development, focused on preserving the earths resources to meet
the needs of future generations, is insufficient. We need to supplement it with the concept of
sustainable health, which aims at preserving the health of future generations. Whereas, today,
citizens and their health serve economic development, economic development must begin to
serve citizens health.
In the Memorandum of the Paris Appeal, 68 international experts propose 164 Recommendations
and Measures to implement in the field of environmental health, in order to avoid or soften the
public health crises that all EU Member States are facing and are likely to face tomorrow.
These Recommendations and Measures concern diseases mainly related to chemical pollution:
cancers, sterility, congenital malformations, obesity, diseases of the nervous system, allergies
They press for:
(1) The withdrawal of Carcinogenic, Mutagenic and Reprotoxic (CMR) chemical substances
from the market, as, for example, formaldehyde, some phthalates (DEHP), bisphenol A,
cadmium and mercury, as well as their derivatives, and consequently, the reinforcement
of the European regulatory project REACH;
(2) The withdrawal of organobrominated products from the market due to the very high
reactivity of bromine with ozone and thus, the possible worsening of the depletion of the
stratospheric ozone layer;
(3) Marketing authorization for pesticides, food additives and cosmetics following a regulatory
process comparable to the one used for medicines;
(4) The planned decrease in the use of pesticides in the agricultural field and thus, a reform
of the Common Agricultural Policy;
(5) The recovery of wastes through selective sorting and recycling in place of incineration
and co-incineration;
(6) The creation of a European Agency and a Research Institute for the Improvement of
waste management and treatment;
(7) The need to direct the 7th framework program of the European Community for Research
and technological development towards ecology and prevention of environmental
disease, and not only towards genetics and treatments;
(8) Ecology and hygiene education from the earliest age and
(9) The creation of a new medical speciality: environmental medicine.
These measures are all feasible in practice, provided we have the political willpower. Europe
must encourage industrial and agricultural reconversion through targeted legislative and financial
incentives, aimed at stimulating Research and Development (R&D), especially in the field of
green chemistry. As Europe takes into account environmental issues, it must create new jobs and
become the spearhead of a truly clean industry worldwide.
Consulted experts come from the following countries: Austria, Belgium, Denmark, France,
Germany, Great Britain, Greece, Italy, Luxembourg, the Netherlands, Portugal, Spain,
Sweden, Switzerland and the United States.
Contents
INTRODUCTION _________________________________________________________ 10
Title I- The concept of sustainable health_______________________________________ 12
CHAPTER 1: CROSS-COMPLIANCE OF HEALTH TO A HEALTHY ENVIRONMENT _____________
CHAPTER 2: CROSS-COMPLIANCE OF HEALTH TO SUSTAINABLE DEVELOPMENT __________
CHAPTER 3: RECONCILING SUSTAINABLE DEVELOPMENT AND HEALTH _________________
CHAPTER 4: SCIENTIFIC FOUNDATIONS OF SUSTAINABLE HEALTH _____________________
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R-M95: Traceability and labeling of raw materials, furniture and indoor products......62
M96: Ban on materials, furniture and indoor products discharging toxic volatile
substances. ..............................................................................................................62
M97: Additional regulation regarding asbestos..........................................................62
M98: Terms of the removal of asbestos. Ban on the removal of asbestos carried out
in non-EU countries. .................................................................................................63
M99: Chimney sweeping of boilers containing asbestos and containment of asbestos
sheets.......................................................................................................................63
R-M100: Indemnification of asbestos victims and criminal sentences. ......................64
R-M101: Substitutes for asbestos. ............................................................................64
R-M102: Sanitary warning regarding pollution with nanoparticles released from
nanomaterials used in nanotechnologies. .................................................................64
R-M103: Radon. .......................................................................................................65
R-M104: Measurement of radon in water. .................................................................65
R-M105: Indoor air renewal and thermal insulation. ..................................................65
CHAPTER 5 : GENERALITY ON WATER AND SOIL POLLUTION _________________________ 66
R-M106: Water pollution. Stepping up framework directive 2000/60/EC. ..................66
R-M107: Soil pollution...............................................................................................66
CHAPTER 6 : USE OF NITRATES AND PESTICIDES, AND REFORM OF THE COMMON
AGRICULTURAL POLICY. ___________________________________________________ 67
R-M108: Decrease in the agricultural use of nitrates. Stepping up directive
91/676/EEC in the form of a regulation. ....................................................................67
M109: Ban on the use of fertilizers rich in cadmium. .................................................68
M110: Inspections, controls and sanctions regarding the agricultural use of
pesticides..................................................................................................................68
M111: Regulation on good agricultural practices.......................................................68
M112: Inventory regarding the use of pesticides in the Union. ..................................69
M113: Ban on the spraying of pesticides with non controlled means.........................69
M114: Plan for a programmed reduction of pesticide use. ........................................69
M115: Certification of pesticide retailers and users. ..................................................70
M116: Ban on the use of pesticides in areas of water harnessing and other wetlands.
.................................................................................................................................70
M117: Increased support for organic farming in water harnessing areas and other
wetlands. ..................................................................................................................70
M118: Ban on the use of pesticides in public areas. .................................................70
R-M119: Revision of the Common Agricultural Policy. ..............................................70
M120: Taxation of agricultural chemical inputs..........................................................72
M121: Subsidies to institutional/school catering. .......................................................72
M122: Subsidies to organic farming. .........................................................................73
R-M123: Stepping up organic farming. Revision of the regulation proposal planned in
place of Regulation (EEC) N2092/91................ .......................................................74
M124: Ban on the export of pesticides banned on the European market to other
countries. ..................................................................................................................74
M125: Ban on the export of produce for which farmers were subsidized...................74
M126: Quality labels : Regulation on pesticide use. ..................................................75
M127: Ban on open-field GMOs crops, taxation of imported GMOs intended for
animal feed and fraud repression..............................................................................75
CHAPTER 7 : ANALYSES AND TREATMENT OF SEWAGE SLUDGE ______________________ 76
R-M128: Decrease in the use of sewage sludge in agriculture. Revision of directive
86/278/EEC. .............................................................................................................76
M129: Stepping up of the terms of the ban on the spreading of sewage sludge........76
M130: Sewage sludge and incineration. ...................................................................77
R-M131: Treatment of sewage sludge. .....................................................................77
CHAPTER 8: MERCURY POLLUTION ___________________________________________ 77
M132: Mercury limit values for emissions..................................................................77
M133: Extension of mercury limit values for emissions (LVEs) to any coal combustion
facility. Revision of directives 96/61/EC and 2001/80/EC. .........................................78
M134: Extension of limit values for emissions to all sectors of the industry. ..............78
M135: Chlorine and soda industry: gradual dismantling of mercury cell electrolysis..78
M136: Ban on the marketing of products containing mercury. Revision of directive
76/769/EEC. .............................................................................................................78
M137: Ban on mercury imports and exports..............................................................78
M138: Tracing of products in trade............................................................................79
M139: Ban on the use of mercury in gold washing....................................................79
CHAPTER 9: W ASTE MANAGEMENT AND TREATMENT ______________________________ 79
R-M140: Waste management General strategy. ....................................................80
R-M141: Cutting back on waste production at source. Lifecycle of products on the
market. .....................................................................................................................80
M142: Waste management and treatment cost.........................................................81
R-M143: Waste sorting with a view to recovery through selective sorting and
recycling. ..................................................................................................................81
R-M144: Waste recovery through selective sorting and recycling. Revision of directive
2000/76/EC...............................................................................................................82
M145: Ban on the building of any new incinerator and on any new authorization of coincineration. ..............................................................................................................83
M146: Ban on the incineration or co-incineration of hazardous wastes. ....................84
R-M147: Specific treatments and recovery of hazardous wastes. .............................84
R-M148: Dumping of waste and protected storage. ..................................................84
R-M149: Location of the management and treatment of urban and industrial waste. 84
R-M150: Creation of a European Agency for waste management and treatment. .....85
R-M151: Creation of a European Research Institute on waste management and
treatment. .................................................................................................................85
Title VI- Information, education, training, social equality ___________________________ 86
R-M152: Information. Stepping up participative democracy. .....................................86
R-M156: Social equality Righting wrongs...............................................................87
Appendix 1 : Paris Appeal, an international declaration on disease due to chemical pollution
_______________________________________________________________________ 92
Appendix 2 : Signatories of the Paris Appeal ____________________________________ 96
Appendix 3 : Drafting the Memorandum________________________________________ 97
Appendix 4 : Mortality rate per 100.000 individuals (U.S.A.) - Source : Center for Disease
Control and Prevention (CDC) _______________________________________________ 98
INTRODUCTION
The Paris Appeal was proclaimed on May 7, 2004, during the Colloquium on Cancer,
Health, Environment at UNESCO, in Paris (Appendix 1). This Appeal is an international
scientific declaration regarding the sanitary dangers of chemical pollution.
Up to 9 November 2006, the Paris Appeal has now been signed by over a thousand
scientists worldwide, including several Nobel Prize winners, by 1,500 international nongovernmental organizations (NGOs) and by about 250,000 European citizens. The Standing
Committee of European Doctors, which represents all medical governing bodies and
medical doctors organizations in the 25 Member States and two million doctors (Appendix
II), has also signed it. The target is to collect, in Europe, one million signatures as quickly as
possible.
The Paris Appeal states in its three articles that:
Article 1: The development of numerous current diseases is a result of the deterioration of
the environment.
Article 2: Chemical pollution represents a serious threat to children and to Man's survival.
Article 3: As our own health, that of our children and future generations, is under threat,
the Human race itself is in serious danger.
Considering the threats that hang over mankind, the Appeal underlines the states liability in
the development of these threats and suggests 7 categories of measures based on
implementing the (1) principles of prevention, (2) precaution, (3) correction at source of
environmental damage, as a priority, and (4) substitution, regarding marketing of toxic
products.
To the four principles on which the Appeal is based, we need to add the (5) polluter pays
principle, at the legal level.
The present document aims at formalizing precisely Recommendations (R) and technical
Measures (M) that fall within the 7 categories of Measures proposed by the Paris Appeal and
at devising ways to implement them.
Recommendations and measures were elaborated from scientific considerations established
and/or reviewed by a panel of international experts (Appendix III) who worked in close
collaboration with many NGOs.
The field of environmental health is analyzed considering the current effects of chemical
pollution. Sanitary effects related to the loss of biodiversity, energetic issues and climatic
change due to the growing greenhouse effect will not be discussed. However, several
measures concern more specifically radiation pollution, due to it links with chemical pollution
and its harmful effects on health.
This memorandum is intended for the 192 states on this planet, and more particularly, the 25
Member States of the European Union.
In this field, Europe should set an example of scientific rigor, of political determination and,
owing to its cultural past, should be one of the essential ferments in a new awareness.
The memorandum takes into account the major guidelines stated in the Sixth Environment
Action Program, stemming from Decision 1600/2002/EC of the European Parliament and of
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the Council. This scheme aims at dissociating environmental pressure from economic
growth, while meeting the principle of subsidiarity, as well as the diversity of situations, in the
different regions of the European Union.
To achieve this target, the sixth environment action program is based, as stated in its article
2, on the polluter pays principle, the precautionary and preventive action principles, and the
principle of correction of pollution as a priority at source. Moreover, the necessity for an
integrated strategic approach is emphasized, bringing about changes in the production and
consumption modes in the private and public sectors that have a negative impact on the
state of the environment and its evolution.
UNFORTUNATELY, AT MID-TERM OF THE SIXTH ENVIRONMENT ACTION PROGRAM11
LAUNCHED ON 22 JULY 2002, WE HAVE TO SAY ITS IMPLEMENTATION HAS
ENTIRELY OR PARTIALLY FAILED.
Because it offers practical solutions in the field of environmental health and solutions to
technical problems, the present memorandum addresses more specifically European
authorities (Commission, Council and Parliament) and political and administrative key figures
in each of the 25 Member States in the Union.
We, scientists, doctors, jurists, humanists, citizens, signatories of the Paris Appeal,
convinced of the urgency and seriousness of the situation at hand, call upon
European authorities, and more particularly the Commission, Council and Parliament,
to comply with the Recommendations of this memorandum and to take the Measures
mentioned herein, which were freely and independently drawn up by a panel of
scientific experts.
The Sixth Community Action Program for the Environment was implemented from 22 July 2002.
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Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It contains within it
two key concepts: the concept of needs, in particular the essential needs of the worlds
poor, to which overriding priority should be given; and the idea of limitations imposed by the
state of technology and social organization on the environments ability to meet present and
future needs.
This notion is taken up by the United Nations Conference on the Environment and
Development, in principle 4 of the Rio Declaration of June 13 1992, which integrates
protection of the environment in the development process.
In order to achieve sustainable development, environmental protection shall constitute and
integral part of the development process and cannot be considered in isolation from it.
Furthermore, article 1, chapter 6 Protecting and promoting human health , Agenda 21 of
this Conference, highlights the tight bond between health and development. Health is
discussed from the viewpoint of poverty, basic sanitary needs and hygiene for developing
countries, of excessive consumption in rich countries and globally, of demographic growth in
the world, but not from the specific viewpoint of sanitary consequences of environmental
pollution : Both insufficient development leading to poverty and inappropriate development
resulting in over-consumption, coupled with an expanding world population, can result in
severe environmental health problems in both developing and developed nations. Action
items under Agenda 21 must address the primary health needs of the world's population,
since they are integral to the achievement of the goals of sustainable development and
primary environmental care.
Article 53, Chapter VI: Health and sustainable Development in the United Nations Report
on the World Summit in Johannesburg (August 26 September 4 2002) goes even
further and focuses its resolution on sanitary issues, but always within the perspective of
contributing to sustainable development.
The Rio Declaration on Environment and Development states that human beings are at the
centre of concerns for sustainable development, and that they are entitled to a healthy and
productive life, in harmony with nature. The goals of sustainable development can only be
achieved in the absence of a high prevalence of debilitating diseases, while obtaining health
gains for the whole population requires poverty eradication. There is an urgent need to
address the causes of ill health, including environmental causes, and their impact on
development, with particular emphasis on women and children, as well as vulnerable groups
of society, such as people with disabilities, elderly persons and indigenous people.
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- Food additives: Since the first Commission directive 81/712/EEC, dated 28 July 1981,
laying down community methods of analysis for verifying that certain additives used in
foodstuffs satisfy purity criteria, 35 other laws have been drawn up by the Commission and
the Council, (13 directives have been drawn up, which in turn have been modified by 12
other directives, whereas 10 implementing directives have been added to Council directive
89/107/CEE of 21 December 1988) as well as a Council regulation.
To this, we need to add the fact that certain directives, such as Directive 2000/60/EC of the
European Parliament and of the Council of 23 October 2000, establishing a framework for
Community action in the field of water policy, are extremely complex in their wording, often
incomplete and even inaccurate at times, from a scientific viewpoint. These directives are
consequently not only difficult to transfer to national laws, and thus difficult to apply
practically, but also very difficult to interpret, from a legal viewpoint.
It is clear that the vast number and the complexity of directives, regulations or decisions,
coming from European institutions, only serves to prove the continuous need to adapt
Community legislation to new scientific knowledge. The very high number of laws actually
shows how the Member States, as well as industrial and economic sectors within the Union,
influence and put pressure on Europe and in the end, how badly a genuine European policy
in the fields of health and environment is required.
IN FACT, THE VAST NUMBER AND COMPLEXITY OF LAWS PROMULGATED BY THE
EUROPEAN UNION HIGHLIGHT THE LACK OF A GENUINE EUROPEAN POLICY IN
THE FIELDS OF HEALTH AND THE ENVIRONMENT.
In order for European citizens to have a better understanding of EU laws and for EU
Member States to implement them properly, the Commission, the Council and the
European Parliament must reduce the number of laws they draw up, simplify their
wording, adapt them to current scientific knowledge based on strictly independent
experts and limit the number of dispensations and exemptions that are likely to be
granted under the influence of a person or organization.
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The Commission, the Parliament and the Council must propose measures regarding
spheres of activity that are currently partially covered or not covered at all and, in
compliance with the precautionary principle, take more stringent measures in the
environmental fields that are considered as essential to health.
R9: Application of regulations, directives and decisions. The need for reinforced
control means.
Several experts who have signed the Paris Appeal show that organizations, companies or
private individuals repeatedly breach regulations in several EU Member States, due to the
absence of controls and inspections aimed at checking on site whether the practices of these
organizations, companies or private individuals were in compliance with the European
legislation.
The Member States must make sure that the European legislation is strictly enforced
within their countries, and European authorities must make sure that the Member
States enforce it. The Commission must control the Member States more stringently
and frequently and must also carry out regular on-site inspections to check that
organizations, companies and private individuals comply with the law. WITHOUT ANY
STRICT COMPLIANCE TO THE EUROPEAN LEGISLATION AND LAWS, THERE CAN BE
NO EUROPEAN CONSTRUCTION. The Commission must obtain suitable and efficient
control and inspection means.
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decision-making by EU institutions and bodies, nor will it solve the issue of the nature of the
contents of these measures and decision-making. Moreover, it will not solve the lack of
communication and circulation of information between these institutions and bodies and the
peoples of the different EU Member States. Indeed, the measures taken by the European
Union are proposed by the Commission or by the Parliament and the Council, and are
submitted to the vote of the Parliament. Yet, these measures are often decided in the context
of contradictory influences between representatives of the industry or agriculture, on one
hand, and representatives of associations or NGOs acting as representatives of the civil
society, without any other status than that of non-profit organizations. This results in
decisions not always being made in favor of public sanitary and environmental safety in the
Union and in decisions often made without consulting the public or informing it regularly.
EUROPE SUFFERS TODAY FROM A LACK OF TRANSPARENCY.
The European Union must reinforce transparency in elaborating measures and in
decision-making and must reinforce, prior to its decision-making system, the
democratic processes, in order for a suitably representative civil society to take part
effectively in the decision-making process, and following the decision-making, in
order for the peoples in the Union, not only to be regularly informed, but also to be
officially consulted more frequently on main issues regarding specifically
preservation of environment and health.
Athens Declaration for Healthy Cities, 23 June 1998, within the framework of the Healthy city Program launched
by WHO.
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R-M16: Extending the polluter pays principle to health in order to guarantee the
remedying of the sanitary damage caused. Penalties in case of severe and irreversible
physical injuries.
As underlined in the Paris Appeal, environment and health are causally linked: any
modification of the environment, in particular any pollution, may be the cause of diseases.
The polluter pays principle is part of several international documents, including the treaty
instituting the European Community (article 174 2), and stated in several directives.
Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on the
environmental liability with regard to the prevention and remedying of environmental
damage, deals with environmental damage itself, without contemplating sanitary damage
caused by pollution or by environmental damage itself. This is an important loophole in the
European law regarding the enforcement of the polluter pays principle. This loophole is
detrimental to the citizens of the different Member States in the Union who, when they are
the victims of these pollutions, have no other course of action left to them but to associate in
a court action with the public prosecutor in their country, after having formed an association
of victims, and in case of non-remedying, to appeal to the European Communities Court of
Justice.
The polluter pays principle must be applied to environmental sanitary breaches, as
it applies to environmental damage or breaches themselves. The European Union
must legislate on the sanitary breaches caused by pollution or by environmental
damage that derives from them, with a specific law. When severe and irreversible
physical injuries are involved, penalties must fall within the province of criminal law.
R-M17: Applying the law uniformly in all the territories coming under the authority of
the Member States.
In some French overseas territories, the use of plant-protection products, though banned in
the European Union, was still tolerated.
For reasons of equity, EU Member States must make sure that European directives are
fully applied in their territories located outside Europe. Moreover, it would be
preferable that these territories, when they are an integral part of a Member State,
really benefit from the same advantages and obligations as each of the Member States
in the Union.
R18: Sanctions for companies that do not comply with the bans on the marketing of
products.
Any company having its headquarters within the European Union that imports or exports
products banned from the EU market must be very severely sanctioned.
The European Union must take great care in making sure that Community law is
enforced and in making sure the Member States sanction very severely any infraction
regarding the import or export of products banned from the market. Should the
Member States fail to meet this obligation, the European Union must see to it and
introduce financial and/or penal measures in Community law.
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A. Internalization of pollution
(1) Given that pollutants do not remain in one country, region or continent, but that, as
regards water (as underlined in the 1992 Convention on the protection and use of transboundary watercourses and international lakes), these pollutants may contaminate a
neighboring country or even many countries located downstream, and as regards air, (as
underlined in the 1979 Convention in Geneva on trans-boundary atmospheric pollution), this
pollution may travel a great distance, and consequently, contaminate countries very far away
from the polluting area.
(2) According the fundamental principle of the international law on Environment, stated in
principle 2 of the Rio Declaration in 1992 as follows : States have, in accordance with the
Charter of the United Nations and the principles of international law, the sovereign right to
exploit their own resources pursuant to their own environmental and developmental policies,
and the responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national
jurisdiction.,
ANY SIZEABLE POLLUTION MUST COME WITHIN THE AUTHORITY OF AN
INTERNATIONAL JURISDICTION.
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Working Group 11, out of the 413 chemical pollutants sought, 287 were detected on
average, 200 per newborn even though 180 of them are carcinogenic, 217, neurotoxic, and
208 induce congenital malformations or abortions in laboratory animals. The dangers of preor post-natal exposure to compounds of carcinogenic substances or substances that are
toxic for development and the nervous system have not yet been studied. These substances
include heavy metals, such as mercury, cadmium and lead, or Persistent Organic Pollutants
(POPs) of CMR type, such as polycyclic aromatic hydrocarbons (PAHs), polychlorinated
biphenyls (PCBs), polybrominated diphenyl ethers (PBDE), used as brominated flameretardants, or else organochlorinated or organophosphorous pesticides It was clearly
demonstrated that these molecules transfer to the placenta12 and thus contaminated the
fetus, and consequently, that they may disrupt growth and development, cause congenital
malformations and, subsequently, be the cause of sterility, cancers, diseases of the nervous
system or immune deficiencies. Therefore, today, newborns are potentially likely to develop
these different pathologies during their lifecycle. And among long-term effects, we should
mention malformations affecting outer male genitals, as well as functional alterations of the
reproductive system occurring at adult age that may be induced by disruptions in the
programming of gonad development during embryonal life13,14. Thus, molecules acting as
endocrine disruptors may have an impact on the sexual identity process15.
B. Sanitary and socioeconomic arguments.
11
Body Burden The Pollution in Newborns: A benchmark investigation of industrial chemicals, pollutants and
pesticides in umbilical cord blood. Environmental Working Group, July 14, 2005. Available at:
www.ewg.org/reports/bodyburden2/execsumm.php
12
Whyatt RM, Barr DB, Camann DE, Kinney PL, Barr JR, Andrews HF, Hoepner LA, Garfinkel R, Hazi Y, Reyes
A, Ramirez J, Cosme Y, Perera FP. Contemporary-use pesticides in personal air samples during pregnancy and
blood samples at delivery among urban minority mothers and newborns. Environ Health Perspect. 2003
May;111(5):749-756.
13
Sharpe RM, Mc Kinnell C, Kivlin C, Fisher JS. Proliferation and functional maturation of Sertoli cells, and
the relevance to disorders of testis function in adulthood. Reproduction 2003; 125(6):769-784.
14
Skakkebaek NE. Testicular dysgenesis syndrome. Horm Res 2003; 60(3):49.
15
Sultan C, Balaguer P, Terouanne B, Georget V, Paris F, Jeandel C, Lumbroso S, Nicolas J. Environmental
xenoestrogens, antiandrogens and disorders of male sexual differentiation. Mol Cell Endocrinol. 2001 Jun
10;178(1-2):99-105.
16
Available at: http://www.euro.who.int/document/e87325.pdf
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17
Cancer as an Environmental Disease. Series: Environmental Science and Technology Library , Vol. 20.
Nicolopoulou-Stamati, P.; Hens, L.; Howard, V.C.; Van Larebeke, N. (Eds.). 2004
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intensity of a daily dose of a chemical substance that should be taken into account, but also
the repetition of doses - thus the exposure time to this chemical substance (and this,
whatever the intensity of the daily dose) - and considering the previous Recommendation
(R22) :
Any molecule likely to contaminate the water, air, soil or food that has been
scientifically assessed as CMR or probably CMR must be withdrawn from the market.
M24: Withdrawal from the market of chemical substances which transfer to the
placenta.
In the marketing authorization file of any chemical substance, placental transfer of
chemical substances must be systematically and scientifically studied. Any chemical
substance that is lipophilic, bioaccumulative and for which there is a proven placental
transfer, whether it be or not recognized as CMR, must be withdrawn from the market,
due to its possible toxicity for the embryo and fetus in pregnant women and,
subsequently, children.
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Bernard S, Enayati A, Redwood L, Roger H, Binstock T. Autism: a novel form of mercury poisoning. Med
Hypotheses. 2001 Apr; 56(4):462-471.
19
Holmes AS, Blaxill MF, Haley BE. Reduced levels of mercury in first baby haircuts of autistic children. Int J
Toxicol. 2003 Jul-Aug; 22(4):277-285.
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M29: Aldehydes and indoor air pollution. Ban on the use of formaldehyde.
Aldehydes and more particularly formaldehyde are carcinogenic. Formaldehyde is classified
by the International Agency for Research on Cancer (IARC) as a carcinogenic product (group
1) 20,21.
Formaldehyde is present in many materials and products used for buildings.
At room temperature, it evaporates and spreads in the indoor air of public buildings or
homes.
Several surveys, including one carried out in France22, put forward very high rates of
formaldehyde in the indoor air of public buildings, and in particular in schools where children
remain for long periods of time.
The European Union must legislate on indoor air pollution (see Title V, Chapter 4) and
ban the use of aldehydes recognized as toxic, in particular formaldehyde, in materials
and products used in the building industry and indoor furniture products, in
accordance with Measures 50 and 95.
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Saillenfait AM, Sabate JP, Gallissot F. Comparative embryotoxicities of butyl benzyl phthalate, mono-n-butyl
phthalate and mono-benzyl phthalate in mice and rats: in vivo and in vitro observations. Reprod Toxicol. 2003
Sep-Oct;17(5):575-583.
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Latini G, Del Vecchio A, Massaro M, Verrotti A, De Felice C. Phthalate exposure and male infertility. Toxicology.
2006 Sep 21; 226(2-3): 90-98.
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Weuve J, Sanchez BN, Calafat AM, Schettler T, Green RA, Hu H, Hauser R. Exposure to phthalates in neonatal
intensive care unit infants: urinary concentrations of monoesters and oxidative metabolites. Environ Health
Perspect. 2006 Sep;114(9):1424-1231.
27
Available at : http://www.un.org/esa/population/publications/WPP2004/2004EnglishES.pdf
28
Bretveld RW, Thomas CM, Scheepers PT, Zielhuis GA, Roeleveld N. Pesticide exposure: the hormonal function
of the female reproductive system disrupted? Reprod Biol Endocrinol. 2006 May 31;4:30-43.
29
Carlsen E, Giwercman A, Keiding N, Skakkebaek NE. Evidence for decreasing quality of semen during past 50
years. BMJ. 1992 Sep 12;305(6854):609-613.
30
De Vigan C, Khoshnood B, Lhomme A, Vodovar V, Goujard J, Goffinet F. Prevalence and prenatal diagnosis of
congenital malformations in the Parisian population: twenty years of surveillance by the Paris Registry of
congenital malformations. J Gynecol Obstet Biol Reprod (Paris). 2005 Feb;34(1 Pt 1):8-16.
31
Andrieu N, Goldgar DE, Easton DF, Rookus M, Brohet R, Antoniou AC, Peock S, Evans G, Eccles D, Douglas
F, Nogues C, Gauthier-Villars M, Chompret A, Van Leeuwen FE, Kluijt I, Benitez J, Arver B, Olah E, ChangClaude J; EMBRACE; GENEPSO; GEO-HEBON; IBCCS Collaborators Group. Pregnancies, breast-feeding, and
breast cancer risk in the International BRCA1/2 Carrier Cohort Study (IBCCS).
J Natl Cancer Inst. 2006 Apr 19;98(8):535-544.
28
and who breast-feed them 2 to 3 months in general, as is often the case in the Member
States32.
The European Union must develop a family policy aimed at encouraging young
women to have their first child before the age of 30, and families to conceive a third
child with suitable financial and social measures. Meanwhile, in accordance with the
principle of reduction of environmental pollutions at source and in addition to
Measures M24 and M25, the European Union must take much stronger measures to
fight water, air, soil and food pollution, due to reprotoxic substances, in order to limit
contamination of future parents and thus, of their children by these substances.
32
Collaborative Group on Hormonal Factors in Breast Cancer: Breast Cancer and breastfeeding: collaborative
reanalysis of individual data from 47 epidemiological studies in 30 countries, including 50,302 women with breast
cancer and 96,973 women without the disease. Lancet. 2002, 360, 187-196,
33
Childhood Pesticide Poisoning - Information for Advocacy and Action. Prepared for the United Nations
Environment Programme (UNEP). Available at: www.who.int/ceh/publications/en/pestpoisoning.pdf
34
Hanke W, Jurewicz J. The risk of adverse reproductive and developmental disorders due to occupational
pesticide exposure: an overview of current epidemiological evidence. Int J Occup Med Environ Health. 2004;
17(2): 223-243.
35
Kofman O, Berger A, Massarwa A, Friedman A, Jaffar AA. Motor inhibition and learning impairments in schoolaged children following exposure to organophosphate pesticides in infancy. Pediatr Res. 2006 Jul;60(1):88-92.
36
Reynolds P, Von Behren J, Gunier RB, Goldberg DE, Hertz A, Harnly ME. Childhood cancer and agricultural
pesticide use: an ecologic study in California.Environ Health Perspect. 2002 Mar;110(3):319-324.
37
Zahm SH, Ward MH, Blair A. Pesticides and cancer. Occup Med. 1997 Apr-Jun;12(2):269-289.
38
Richard S, Moslemi S, Sipahutar H, Benachour N, Seralini GE. Differential effects of glyphosate and roundup on
human placental cells and aromatase. Environ Health Perspect. 2005 Jun;113(6):716-720.
29
fetus. The European Union must therefore fully review Council Directive 91/414/EEC,
which has now become obsolete.
39
30
40
Steliarova-Foucher E, Stiller C, Kaatsch P, Berrino F, Coebergh JW, Lacour B, Parkin M. Geographical patterns
and time trends of cancer incidence and survival among children and adolescents in Europe since the 1970s (the
ACCISproject): an epidemiological study. Lancet. 2004 Dec 11-17; 364(9451): 2097-2105.
41
Kaatsch P, Steliarova-Foucher E, Crocetti E, Magnani C, Spix C, Zambon P. Time trends of cancer incidence in
European children (1978-1997): Report from the Automated Childhood Cancer Information System project. Eur J
Cancer. 2006 Sep;42(13):1961-1971.
42
Crosignani P, Tittarelli A, Borgini A, Codazzi T, Rovelli A, Porro E, Contiero P, Bianchi N, Tagliabue G, Fissi R,
Rossitto F, Berrino F. Childhood leukemia and road traffic: A population-based case-control study. Int J Cancer.
2004 Feb 10;108(4):596-599.
43
Steffen C, Auclerc MF, Auvrignon A, Baruchel A, Kebaili K, Lambilliotte A, Leverger G, Sommelet D, Vilmer E,
Hemon D, Clavel J. Acute childhood leukaemia and environmental exposure to potential sources of benzene and
other hydrocarbons; a case-control study. Occup Environ Med. 2004 Sep;61(9):773-778.
44
Draper G, Vincent T, Kroll ME, Swanson J. Childhood cancer in relation to distance from high voltage power
lines in England and Wales: a case-control study. BMJ. 2005 Jun 4;330(7503):1290-1295.
45
Fews AP, Henshaw DL, Wilding RJ, Keitch PA. Corona ions from powerlines and increased exposure to
pollutant aerosols. International Journal of Radiation Biology, 1999, 75(12): 1523-1531.
46
Fews AP, Henshaw DL, Keitch PA, Close JJ, Wilding RJ. Increased exposure to pollutant aerosols under high
voltage powerlines. International Journal of Radiation Biology, 1999, 75(12): 1505-1521.
47
Mobile
Phone
and
Health
2004
Report
by
the
board
of
NPRB:
http://www.sante.bouyguestelecom.fr/btdocs/385.pdf
31
According to at least one study having the advantage of a sufficient lapse of time, the risk of
a cerebral tumor appears to be demonstrated in case of prolonged exposure to portable
phones and other cordless phones48.
Certain Member States, such as Germany and Austria, have taken protective measures and
others, such as Great-Britain, have issued recommendations to the public, while many
Member States have not yet taken any measure or promulgated any warning whatsoever.
In general, there is no law in Europe governing the conditions of use of portable phones and
taking into account the particular vulnerability of the fetus (pregnant women) and children,
nor official standards fixing a time limit of use of portable phones.
The European Union must legislate on portable and cordless phone. As a
precautionary measure, the European Union must strongly advise pregnant women
and all children under the age of 8 against using a portable phone for a prolonged
period of time.
48
Hardell L, Carlberg M, Hansson Mild K. Pooled analysis of two case-control studies on use of cellular and
cordless telephones and the risk for malignant brain tumours diagnosed in 1997-2003. Int Arch Occup Environ
Health. 2006 Sep;79(8): 630-639.
49
Joint Report of the WHOs regional office in Europe and the European Agency for Environment, entitled
Childrens health and environment: a review of evidence (Tamburlini G and al., eds. Copenhagen, European
Agency for Environment, 2002. 4457 (Environmental issue report, n 29).
50
Information
note
INFOSAN
N3/2006
Food
allergies
av alaible
at :
www.who.int/foodsafety/fs_management/No_03_allergy_june06_fr.pdf
32
33
R43: Obligation to use substitute products when they are not as hazardous.
The substitution principle was defined in the Commission White Paper (Com(2001)88 final)
of 27 February 2001 on Strategy for a future Chemicals Policy. It consists in systematically
replacing dangerous chemical substances placed on the market with less dangerous or
preferably harmless chemical substances, when such alternatives exist.
The European Union and all the Member States must promote unfailing enforcement
of the substitution principle for all chemical substances intended for marketing, when
they are assessed as dangerous. When there is a less dangerous option, industrialists
must submit to it, without any possible dispensation or exemption. The
dangerousness or harmlessness of a chemical substance for health and /or
51
52
34
R-M45: Regulation regarding CMR substances which have not been withdrawn from
the market, because there is no substitute and these substances are considered
essential.
In accordance with group of measures #1 of the Paris Appeal, when for a CMR
product, no alternative exists, the product must be withdrawn from the market, if it is
not justified as essential to society. Conversely, it may remain on the market, if it is
considered to be essential. But, in that case, it may remain on the market under
certain conditions only, i.e., in the framework of a strict regulation defining the
persistence time on the market (transitory period), the amount placed on the market
(quotas) and the restriction of its use (curtailment).
53
35
The European Union must extend the list of hazardous substances classified in the
toxic substances or harmful substances categories to all substances for which it
has been proven that they are CMR and to those proven to be immunosuppressive,
allergenic or neurotoxic. When certain of these substances are still included in the
products placed on the market, the European Union must include substances proven
to be CMR and those proven to be immunosuppressive, allergenic or neurotoxic, in
the list of dangerous substances classified in the toxic substances or harmful
substances categories. When these substances are still contained in products on the
market, the European Union must, at first, reinforce the traceability and labeling of
marketed products, by imposing a clear mention of the sanitary risks to the consumer,
and subsequently, withdraw them from the market, as soon as a non-toxic alternative
has been found.
54
36
use renewable raw materials ; use catalysts ; avoid the manufacturing of by-products ;
maximize atom saving ; use safer solvents and auxiliaries ; increase energetic efficiency ;
design non persistent substances ; analyze pollution risks in real time ; reduce accident risks
to a minimum.
The European Union must make an absolute priority to assist industrialists in
improving processes to market products that are clean and non toxic for health and
the environment. Following the example of the European Program TOPCOMBI (Toward
optimized chemical processes and new materials by combinatorial science), launched
on 11 March 2005, dedicated to catalysis57, the European Union in partnership with
industrialists and researchers, must implement and fund many other research
programs, in the field of green chemistry.
M51: Phthalates.
Phthalates are used as plasticizers, notably in Polyvinyl Chloride (PVC), and thus, in most
common plastic objects made of PVC.
57
37
Certain phthalates are also used in the manufacturing of many cosmetic products and food
packaging. Due to their unstable combination with the polymers contained in packaging,
phthalates thus contaminate foods. Some phthalates are potentially CMR substances due to
their reprotoxic and carcinogenic properties (Refer to Measure M31).
The most commonly used phthalates are di-isononyl phthalate (DINP), di-(2-ethylhexyl)
phthalate (DEHP), di-n-butyl phthalate (DBP), di-isodecyl phthalate (DIDP), le di-n-octyl
phthalate (DNOP) and butyl benzyl phthalate (BBP).
In 1999, directive 1999/815/CE temporarily banned the use of these 6 phthalates in
childrens toys and in childcare articles. Since 1999, as a precautionary measure, this ban
has been prolonged several times, as testified by Directive 2005/84/EC of the European
Parliament and of the Council of 14 December 2005, amending for the 22nd time Council
Directive 76/769/EEC on the approximation of the laws, regulations and administrative
provisions of the Member States relating to restrictions on the marketing and use of certain
dangerous substances and preparations (phthalates in toys and childcare articles).
In 2004, phthalates were registered on the list of undesirable chemical substances by
Denmarks Agency for Environmental Protection60.
DEHP is a CMR product. It is classified as reprotoxic (category 1) in Commission Directive
2001/59/EU of 6 August 2001.
In accordance with groups of Measures #1 and 2 of the Paris Appeal and in addition to
Measure M31 of the Memorandum, as a precautionary measure, the European Union
must immediately withdraw DEHP from the market, must ban the use of plastics
containing phthalates to manufacture medical equipment61 and cosmetics. Moreover,
in compliance with the substitution principle, the European Union must promote the
gradual replacement of polymers combined with phthalates, i.e. essentially PolyVinyl
Chloride (PVC) plastics, by alternative polymers that do not require phthalates,
because of their natural softness and elasticity.
60
Available at : http://www.mst.dk/homepage
Alternative to Polyvinyl Chloride (PVC) and Di(2-Ethylhexyl)Phthalate (DEHP) Medical Devices in Going Green :
A Resource Kit for Pollution Prevention in Health Care. Available at: http:///www.noharm.org/goinggreen
62
Joint Inserm assessment Glycol ethers : new toxicological data Edition Inserm, 2006. Available at:
http://www.inserm.fr/fr/questionsdesante/mediatheque/expertises
61
38
M53: Bisphenol A.
Bisphenol A (BPA) is used as a monomer in the industrial manufacturing of polycarbon
plastics and of epoxy resins. It is also used as an antioxidant in plasticizers and PVC and as
an polymerization inhibitor in PVC.
BPA has been known to be an endocrine disrupter63, acting as an estrogen64, since 1936.
And yet, BPA is part of the composition of inner coatings for most cans of food, of plastics
used to manufacture baby bottles and stiff water bottles and toys, etc. Moreover, BPA is
used as an additive in other common products.
Heating, sterilization, acidity or basicity, repeated washings of polycarbonate-based products
or products including an epoxy resin coating lead to a release of BPA65,66,67,68,69,.
Finally, the presence of BPA in drinking water and bath water is another potential source of
exposure70,71. Although BPA is quickly metabolized in the body72, different studies show that
this molecule is present in the blood and fatty tissue of the body, which is proof that the body
is continuously contaminated by BPA73.
BPA, due to its reprotoxic properties, can be classified as a CMR substance. And yet, BPA is
a chemical substance authorized by Commission Directive 2002/72/EC of 6 August 2002
relating to plastic materials and articles intended to come into contact with foodstuffs.
Given that BPA is a CMR substance, that there is scientific evidence proving that it
contaminates the body, in accordance with group of measure #1 of the Paris Appeal,
the European Union must withdraw BPA from the market for the manufacturing of
plastic materials intended to come into contact with foodstuffs, i.e., on one hand, to
manufacture baby bottles and stiff water bottles, and on the other hand, inner coatings
for cans of food (refer to Recommendation Measure R-M66 ), and this, all the more as
there are alternative options. The European Union must thus revise directive
2002/72/EC authorizing the use of BPA to manufacture any object intended to come
into contact with foodstuffs.
M54: Mercury.
Mercury and its derivatives are very toxic, in particular for children74 and mostly the fetus
(Refer to Measure M26).
63
Paris F, Balaguer P, Terouanne B, Servant N, Lacoste C, Cravedi JP, Nicolas JC, Sultan C.Phenylphenols,
biphenols, bisphenol-A and 4-tert-octylphenol exhibit alpha and beta estrogen activities and antiandrogen activity
in reporter cell lines. Mol Cell Endocrinol. 2002 Jul 31;193(1-2):43-49.
62
Dodds EC, Lawson W. Synthetic oestrogenic agents without the phenanthrene nucleus. Nature 137:996 (1936).
65
Brotons JA, Olea-Serrano MF, Villalobos M, Pedraza V, Olea N. Xenoestrogens released from lacquer coating
in food cans. Environ Health Perspect 103: 608612 1995.
64
Consumers Union. Baby alert: new findings about plastics. Consumer Reports May:2829. 1999.
65
Howdeshell KL, Peterman PH, Judy BM, Taylor JA, Orazio CE, Ruhlen RL, and al. Bisphenol A is released from
used polycarbonate animal cages into water at room temperature. Environ Health Perspect 111:11801187.
2003.
66
Kang JH, Kito K, Kondo F. Factors influencing the migration of bisphenol A from cans. J Food Prot 66:1444
1447. 2003
67
Kang JH, Kondo F. Determination of bisphenol A in canned pet foods. Res Vet Sci 73:177182. 2002.
68
Kawagoshi Y, Fujita Y, Kishi I, Fukunaga I. Estrogenic chemicals and estrogenic activity in leachate from
municipal waste landfill determined by yeast two-hybrid assay. J Environ Monit 5:269274, 2003.
69
Coors A, Jones PD, Giesy JP, Ratte HT. Removal of estrogenic activity from municipal waste landfill leachate
assessed with a bioassay based on reporter gene expression. Environ Sci Technol 37:34303434, 2003.
70
Volkel W, Colnot T, Csanady GA, Filser JG, Dekant W. Metabolism and kinetics of bisphenol A in humans at low
doses following oral administration. Chem Res Toxicol 15:12811287, 2002.
71
Takeuchi T, Tsutsumi O, Ikezuki Y, Takai Y, Taketani Y. Positive relationship between androgen and the
endocrine disruptor, bisphenol A, in normal women and women with ovarian dysfunction. Endocr J 51:165169,
2004.
72
Zero mercury campaign by European Environmental Bureau (EEB) and Ban Hg Working Group. Available at:
http://www.zeromercury.org/
39
In addition to Measure M26 and in accordance with group of measures #2 of the Paris
Appeal, the European Union must urgently and firmly legislate in the field of mercury
contamination and, by virtue of the precautionary principle, ban the marketing of any
products containing mercury, when the latter are intended for the consumers market
on a large scale. In accordance with group of measures #1 of the Paris Appeal, when
the product appears to be essential to society, it may be placed on the market under
certain conditions only, i.e. in the framework of a strict regulation, limiting its use and
strictly guaranteeing waste management after use.
40
the cause of hematological and renal disruptions, of diseases of the nervous system, of
proven reprotoxicity in animals, as well as in women and men75.
Thus, all scientific data show that lead present in the environment may be the cause of male
infertility76.
Moreover, in 1980 as well as during its updating in 1987, lead and its organic derivatives
were classified by the IARC as probably carcinogenic for man (group 2B). As opposed to
this, lead chromates and arsenates were classified by the IARC as certainly carcinogenic for
man (group 1)77. Lead, and more particularly its inorganic derivatives, are thus CMR
substances.
Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations
and administrative provisions of the Member States relating to restrictions on the marketing
and use of certain dangerous substances and preparations, supplemented by Council
Directive 89/677/EEC of 21 December 1989, amending for the eighth time Directive
76/769/EEC, bans the use of lead carbonates and sulfates in the composition of paints.
This directive is very incomplete, as it does not nominally concern all other lead salt, in
particular, chlorides, chromates and oxides. Moreover, surveys conducted by the group of
experts of the Paris Appeal were able to check that Directive 89/677/EEC, even transposed
in national law, was not applied in its whole in certain Member States and that lead paints,
though prohibited for private individuals, were actually still commonly used by professionals.
Owing to the very high toxicity of lead and to the CMR properties of its inorganic
derivatives, in accordance with group of measures #1 of the Paris Appeal, the
European Union must reinforce the ban on the marketing of lead paints, extend it to all
its derivatives and make it mandatory for each Member State to implement this ban,
through a specific directive. Member states must make sure that this ban concerns,
not only private individuals, but also professionals. The European Union must be
particularly careful here and this all the more as alternative options exist.
75
Joint Inserm assessment: Lead in the environment : What are the risks for health ? 1999. Available at:
http://www.inserm.fr/en/outils/recherche/resultats.jsp
76
Benoff S, Centola GM, Millan C, Napolitano B, Marmar JL, Hurley IR. Increased seminal plasma lead levels
adversely affect the fertility potential of sperm in IVF. Hum Reprod. 2003 Feb;18(2):374-383.
77
IARC (1987) Lead and lead compounds. In : Overall evaluations of carcinogenicity an updating of IARC
monograph volumes 1-42. IARC monographs on the evaluation of the carcinogenic risk of chemicals to humans,
supplement 7 ; Lyon.
78
Polycyclic Aromatic Hydrocarbons.
41
The European Union must legislate on the chemical treatment of indoor wood,
including wood used to manufacture furniture, by means of a specific directive.
The European Union must ban the treatment of indoor wood by creosotes,
formaldehyde (refer to Measure M50), pentachlorophenol (PCP), gammahexachlorocyclohexane (Lindane), xylene, aldrine, dieldrine and copper arsenic- and
chromium-based products, and this all the more as there are alternative options based
on the use of boron, copper naphthenate or by-products of colza oil, such as the
combination of succinic anhydride and methyl unsaturated ester.
79
Birnbaum L, Staskal D. Brominated flame retardants: cause for concern? Environ Health Perspect. 2003;112: 9
17.
80
Darnerud P, Eriksen G, Johannesson T, Larsen P, Viluksela M. Polybrominated diphenyl ethers: occurrence,
dietary exposure and toxicology. Environ Health Perspect. 2001; 109(suppl 1):4968.
81
. Hallgren S, Darnerud P. Effects of polybrominated diphenyl ethers (PBDEs), polychlorinated biphenyls (PCBs)
and chlorinated paraffins (CPs) on thyroid hormone levels and enzyme activities in rats. Organohalogen Compd.
1998; 35: 391394.
82
Hallgren S, Darnerud P. Polybrominated diphenyl ethers (PBDEs), polychlorinated biphenyls (PCBs) and
chlorinated paraffins (CPs) in ratstesting interactions and mechanisms for thyroid hormone effect. Toxicology.
2002; 177: 227243.
83
Hall A, Kalantzi O, Thomas G. Polybrominated diphenyl ethers (PBDEs) in grey seals during their first year of
lifeare they thyroid hormone endocrine disruptors? Environ Pollut. 2003; 126: 29 37.
84
Legler J, Cenijin P, Malmbenrg T, Bergman A, Brouwer A. Determination of the endocrine disrupting potency of
hydroxylated PCBs and flame retardants with in vitro bioassays. Organohalogen Compd. 2002; 56: 5356.
85
. Hallgren S, Darnerud P. Effects of polybrominated diphenyl ethers (PBDEs), polychlorinated biphenyls (PCBs)
and chlorinated paraffins (CPs) on thyroid hormone levels and enzyme activities in rats. Organohalogen Compd.
1998; 35: 391394.
86
Hallgren S, Darnerud P. Polybrominated diphenyl ethers (PBDEs), polychlorinated biphenyls (PCBs) and
chlorinated paraffins (CPs) in ratstesting interactions and mechanisms for thyroid hormone effect. Toxicology.
2002; 177: 227243.
87
Gillner M, Jakobsson E. Structureaffinity relationships for thyroid and dioxin receptor binding of halogenated
naphthalenes and diphenylethers. Organohalogen Compd. 1996; 29: 220 221.
88
Meerts I, Letcher R, Hoving S, Marsh G, Bergman A, Lemmen JG, van der Burg B, Brouwer A. In vitro
estrogenicity of polybrominated diphenyl ethers, hydroxylated PDBEs, and polybrominated bisphenol A
compounds. Environ Health Perspect. 2001; 109: 399407.
89
Meerts I, Assink Y, Cenijn P, Van Den Berg JH, Weijers BM, Bergman A, Koeman JH, Brouwer A. Placental
transfer of a hydroxylated polychlorinated biphenyl and effects on fetal and maternal thyroid hormone
homeostasis in the rat. Toxicol Sci. 2002; 68: 361371.
90
Morse D, Groen D, Veerman M, van Amerongen CJ; Koeter HBWM; Smits van Prooije AE; Visser TJ; Koeman
JH; Brouwer A. Interference of polybrominated biphenyls in hepatic and brain thyroid hormone metabolism in fetal
and neonatal rats. Toxicol Appl Pharmacol. 1993; 22: 2733.
42
including neurotoxicity, 91,92,93,94,95 and cancers in rodents96. And recently, Schecter and coll,
have observed the transfer of PBDEs from maternal to fetal tissue97.
In compliance with Measure M55 and owing to the extremely serious impact of
bromine on stratospheric ozone and health impact of brominated flame-retardants, all
brominated flame-retardants must be banned from the market and their use
prohibited.
91
Birnbaum L, Staskal D. Brominated flame retardants: cause for concern? Environ Health Perspect. 2003; 112: 9
17.
92
Branchi I, Alleva E, Costa L. Effects of perinatal exposure to a polybrominated diphenyl ether (PBDE 99) on
mouse neurobehavioural development. Neurotoxicology. 2002; 23: 375384.
93
Branchi I, Capone F, Alleva E, Costa L. Polybrominated diphenyl ethers: neurobehavioral effects following
developmental exposure. Neurotoxicology. 2003; 24: 449462.
94
Eriksson P, Viberg H, Jakobsson E, Orn U, Fredriksson A. A brominated flame retardant, 2,2_,4,4_,5pentabromodiphenyl ether: uptake, retention, and induction of neurobehavioral alterations in mice during a critical
phase of neonatal brain development. Toxicol Sci. 2002; 67: 98103.
95
Viberg H, Fredriksson A, Eriksson P. Neonatal exposure to the brominated flame retardant, 2,2_,4,4_,5pentabrominated ether, decrease cholinergic nicotinic receptors in hippocampus and affects spontaneous
behavior in the adult mouse. Environ Toxicol Pharmacol. 2004; 17: 61 65.
96
NTP. 1986. Toxicology and Carcinogenesis Studies of Decabromodiphenyl Oxide (CAS No. 116319-5) in
F344/N Rats and B6C3F1 Mice (Feed Studies). TR-309. Research Triangle Park, NC: National Toxicology
Program. Available at: http://www.epa.gov/iris/subst/0035.htm#reforal. Accessed December, 2006.
97
Schecter A, Johnson-Welch S, Tung KC, Harris TR, Papke O, Rosen R. Polybrominated diphenyl ether (PBDE)
levels in livers of U.S. human fetuses and newborns. J Toxicol Environ Health A. 2007; 70(1): 1-6.
43
According to Measure M55 and Recommendation-Measure R-M59, brominated fireretardants must be urgently terminated and all new TV sets, computers and other
electrical and electronic equipments containing brominated flame-retardants must be
banned in the EU. Moreover, following the example of certain Member States, such as
Italy, the European Union must make it compulsory for each Member State to set up a
special recycling system for old electrical or electronic appliances and a specific
treatment procedure regarding all their brominated components.
98
Available at : http://www.ewg.org/reports/skindeep2/findings/index.php
44
All allergy cases or skin or respiratory intolerances, occurring in a user and which
appear to be related to the use of a commonly used product, must be medically
notified. All the cases must be registered with a specific organization at the level of
each Member State in the Union. In case of known toxicity, the European Union must
withdraw the product used. Each Member State of the European Union must thus set
up a specific watch organization and the European Union, an organization to
centralize all data.
99
100
45
101
Cottier S., Riquet A. M., Feigenbaum A., Pollet B., Lapierre C. and Mortreuil P. Identification of potential
migrants from vinylic organosol varnish by gas chromatography - mass spectrometry and liquid chromatography mass spectrometry, J. Chromatogr. A 771, 366-373, 1997.
102
Biedermann M., Bronz M., Brchler B., Grob K., Keller F., Neukom H. P., Richard N. and Spinner C. Reaction
products of bisphenol-A-diglycidyl ether (BADGE) and bisphenol-F-diglycidyl ether (BFDGE) with hydrochloric
acid and water in canned food with aqueous matrix, Mitt. Lebensm. Hyg. 90, 177-194, 1999.
103
Simoneau C., Theobald A., Hannaert P., Roncari P., Roncari A., Rudolph T. and Anklam E. Monitoring of
bisphenol-A-diglycidyl-ether (BADGE) in canned fish in oil, Food Add. Contam. 16, 189-195, 1999.
104
Terasaki M, Kazama T, Shiraishi F, Makino M. Identification and estrogenic characterization of impurities in
commercial bisphenol A diglycidyl ether (BADGE). Chemosphere. 2006 Oct;65(5):873-880.
105
Satoh K, Ohyama K, Aoki N, Iida M, Nagai F. Study on anti-androgenic effects of bisphenol a diglycidyl ether
(BADGE), bisphenol F diglycidyl ether (BFDGE) and their derivatives using cells stably transfected with human
androgen receptor, AR-EcoScreen. Food Chem Toxicol. 2004 Jun;42(6):983-993.
106
Available at: http://www.efsa.europa.eu/fr/in_focus/nutrition_health.html
46
The European Union, in compliance with group of measures #2 of the Paris Appeal,
must ban any additive presenting CMR properties, used in plastic objects intended for
foodstuffs. Moreover, in accordance with group of measures #1 of the Paris Appeal,
the European Union must ban the use of the BADGE molecule in coatings intended for
cans of food.
47
The fifty-sixth Report of the joint FAO/WHO committee concerning the assessment of food
additives107 estimates that some of them present allergenic risks, that others are toxic, and
finally that for others, toxicological data are not sufficient.
Given that food additives are used at low dose, repeatedly, over a prolonged period of time,
one should not only take into account data of acute toxicity, but essentially data of chronic
toxicity, in accordance with scientific consideration #2 (CS2) in Title 1 of the Memorandum.
And yet, for most additives currently on the market, chronic toxicity data do not exist or are
insufficient.
To this, we need to add the fact that certain foodstuffs contain a very important number of
additives of different categories and that, in accordance with scientific consideration #3
(CS3), the synergistic action of several additives generates magnified toxic effects.
Finally, owing to the very broad distribution and consumption of foodstuffs on the market, of
the important number and of the diversity of food additives used, of their different chemical
properties, of their possible presence in great amounts in the same food, there is no way
epidemiological studies can answer scientifically and accurately the question of long-term
sanitary effects induced by food additives for the whole population. We therefore have to
consider essentially toxicological studies, which urgently requires to reinforce the
toxicological file in the process of marketing authorization of food additives. Moreover, if the
utilitarian goal aimed at in food additives and in drugs differs, additives are substances that
are comparable on all scores to a drug, due to the way they are introduced and their
biological effects on the body.
IT IS UNACCEPTABLE TODAY, FROM A SCIENTIFIC VIEWPOINT, THAT THE
MARKETING AUTHORIZATION OF FOOD ADDITIVES IS ONLY REGULATED IN THE
FRAMEWORK OF THE PRINCIPLE OF POSITIVE LISTS AND THAT IT IS NOT
SUBMITTED TO MUCH STRICTER PROCEDURES, REQUIRING A VERY
COMPREHENSIVE TOXICOLOGICAL FILE, STATING NOTABLY THE POTENTIAL
LONG-TERM CMR EFFECTS RELATED TO REPEATED LOW DOSES.
A new procedure of marketing authorization for food additives must thus be defined and
implemented, not only to those about to be placed on the market, but also for those that are
already on the market.
The European Union must fully review the legislation as regards food additives. It
must limit the total number of authorized additives, limit the total number used in each
foodstuff placed on the market and, most of all, set up a procedure of marketing
authorization for each additive, following the same process as those used for
medicines.
107
Available at:
http://search.who.int/search?ie=utf8&lr=lang_fr&site=default_collection&client=WHO&proxystylesheet=french&out
put=xml_no_dtd&oe=utf8&q=additifs+alimentaires
108
Howard CV, Newby JA. Could the Increase in Cancer Incidence be Related to Recent Environmental
Changes? In Cancer as an Environmental Disease. auth/eds P Nicolopolou-Stamati, L Hens, CV Howard and N
Van Larebeke. Kluwer Academic Publishers. 2004.
48
an active substance or through the direct or indirect action of the additives they contain, or
else of the products of their degradation in the body or in the environment109,110,111,112,113.
Moreover, the formulation of the product may potentialize the toxicity of the active
substance114.
Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection
products on the market deals with the assessment of pesticides active materials and of their
marketing. This directive is incomplete and does not correspond to current scientific
knowledge. Moreover, it is insufficient (Refer to Recommendation R33).
Within the framework of a thematic strategy on the sustainable use of pesticides, the
Commission proposed on 12 July 2006 a new directive to the European Parliament and to
the Council establishing a frame to community action in order to reach a sustainable use of
pesticides. This directive contains new measures, including the implementation of national
action plans, the creation of a training system for professional users In fact, a regulation
revising the above mentioned directive 91/414/EEC should be promoted, which would
include all the measures regarding the cutbacks on pesticide use and reliance and the
protection of people likely to be contaminated.
Owing to the inadequacy of Council Directive 91/414/EEC, and to the fact it is not
suited to the serious health issues which the different Member States are currently
facing, given the CMR properties of many currently marketed pesticides, in
accordance with groups of measures #1 and 2 of the Paris Appeal, the European
Union must fully review the very principle of Council Directive 91/414/EEC.
Considering the precautionary principle and combating environmental pollution at
source, it must reinforce the marketing authorization procedure of pesticides and
entirely re-assess, from the biological and toxicological viewpoint, all pesticides
currently on the market, at the sanitary and environmental level.
109
Davis DL, Gottlieb MB, Stampnitzky JR. Reduced ratio of male to female births in several industrial countries :
A sentinel health indicator? JAMA. 279(13):1018-2103, 1998.
110
Arbuckle TE, Lin Z, Mery LS. An exploratory analysis of the effect of pesticide exposure on the risk of
spontaneous abortion in an Ontario farm population. Environ Health Perspect.109(8):851-857, 2001.
111
Greenlee AR, Arbuckle TE, Chyou PH. Chyou.Risk Factors for Female Infertility in an Agricultural Region.
Epidemiology 14:429-436, 2003.
112
Sanborn M, Cole D, Kerr K, Vakil C, Sanin LH, Bassil K. Pesticides literature review. Toronto, Ontario College
of Family Physicians, 2004. Available at :
http://www.ocfp.on.ca/local/files/Communications/Current%20Issues/Pesticides/Final%20Paper%2023APR2004.p
df
113
Schettler, T., Stein, J., Reich, F., Valenti, M., & Wallinga, D. (2000). In harms way: Toxic threats to child
development. Cambridge, MA: Greater Boston Physicians for Social Responsibility.
114
Richard S, Moslemi S, Sipahutar H, Benachour N, Seralini GE. Differential effects of glyphosate and roundup
on human placental cells and aromatase. Environ Health Perspect. 2005 Jun;113(6):716-720.
49
contact, that the three studies mentioned in the report testing the effect of fipronil are
insufficient, that they were not carried out in the strict conditions of Council Directive
91/414/EEC, that they do not clear fipronil as regards bee mortality and that, consequently,
by virtue of the precautionary principle, fipronil, as well as imidaclopride, must be withdrawn
from the market.
The European Union must ban the marketing of pesticides imidaclopride and fipronil
and make sure they are not used, not only in all EU Member States, but also in any
extra European territory governed by them, given the damage caused in apiculture.
R-M73: Pesticide residue in foods. New procedures for the marketing authorization of
pesticides.
Regulation (EC) N 396/2005 of the Parliament and the Council, of 23 February, 2005,
concerning the maximum residue limits (MRL) of pesticides in plant or animal products
establishes the maximum amounts of pesticide residues authorized that can be found in
animal or plant products designed for human or animal consumption.
However, given that pesticide residue, though at low dose, is ingested repeatedly, over a
prolonged period of time, setting maximum amounts authorized, such as recommended by
the previous regulation, does not protect people against a long-term sanitary effect of
pesticides. And yet, it is now a fact that pesticide residue contents in fruits, vegetables and
cereals have increased in Europe since 1997115. This is what the European Commission (DG
SANCO) points out in its latest report116 referring to year 2004, drawn up in particular from
control reports carried out by Member States. It has now been proven by many scientific
studies that organochlorinated or organophosphorous pesticides are toxic for children, that
organochlorinated pesticides may induce congenital malformations117 and diseases, such as
sterility and cancers, that organophosphorous pesticides may induce learning difficulties or
diseases of the nervous system118,119, that both of these pesticides may cause
allergies120,121 (Refer to Recommendation R33),
115
The percentage of residue-free samples went from 60% in 1997 to 53% in 2004. The percentage of the
sample that showed a residue content equal to or lower than the residue threshold limit was 37% in 1997
compared to 40% in 2004. Furthermore, the percentage of samples exceeding MRLs was 3% in 1997 compared
to 5% in 2004. The percentage of samples showing multiple residues was 15.5% in 1997, but 23.4% in 2004. As
for baby foods, only 92% of samples showed no residue and 2. 7% showed values exceeding specifically set
MRLs .
116
Annual reports on the monitoring of pesticide residue in Europe. Available at :
http://ec.europa.eu/food/fvo/specialreports/pesticides_index_en.htm
117
Bell, I.Hertz-Piccioto and JJ Beaumont, a case control study of pesticides and fetal death due to congenital
anomalies. Epidemiology, 2001,12: 148-156.
118
Sanborn, MS. et al. Systematic Review of Pesticide Human Health Effects. Ontario College of Family
Physicians. April, 2004. Available at :
http://www.ocfp.on.ca/English/OCFP/Communications/Publications/default.asp?s=1
119
Solomon G. et al. Pesticides and Human Health: A Resource for Health Professionals. A peer-reviewed report
by Physicians for Social Responsibility (LA and Greater Bay Area chapters) and Californians for Pesticide
Reform. 2000. Available on-line at: http://www.psrla.org/pesthealthmain.htm
120
Underner M, Cazenave F, Patte F. Occupational asthma in the rural environment. Rev Pneumonol Clin. 1987,
43:26-35.
121
Reigart JR, Roberts JR. 1999. Recognition and Management of Pesticide Poisonings, Fifth Edition. U.S. EPA
735-R-98-003, March
50
In compliance with groups of measures #1 and 2 of the Paris Appeal, any pesticide
presenting CMR properties must be banned from the market. The marketing of any
pesticide must be submitted to a procedure similar to that used for medicines, which
implies the obligation to file a marketing request comprising in-depth and properly
documented biological, toxicological and epidemiological studies, as is the case for
the marketing authorization of medicines. Finally, in compliance with measures 1, 2, 3
and 4 of the Paris Appeal, the European Union must reinforce Regulation (EC) N
396/2005 and monitor its implementation. It must set lower maximum residue limits
(MRL) taking into account the presence of several pesticides in the same product, of
their possible potentialization and of the particular sensitivity of the embryo, the fetus
(pregnant women) and children. The European Union must implement integrated plans
to decrease significantly pesticide reliance and consequently, their use.
51
52
PFCs are used in semiconductor manufacturing. Yet they are GHGs, as are SF6, which are
used to manufacture many electrical devices. As for H2S, far more toxic than SO2, it is mainly
discharged by oil refineries, paper pulp manufacturing factories and garbage dumps.
Persistent organic pollutants (POPs) consist of many substances. Some, such as PAHs,
come from fossil fuel combustion; others are present on the market, such as many
organochlorinated or organophosphorous compounds used in agriculture as pesticides, while
others, such as furan, dioxin or Polychlorinated biphenyl (PCB), are by-products of waste
incineration.
Some of these pollutants are GHGs or deplete the stratospheric ozone layer. Moreover, most
of them also have a direct poisonous effect on the human body, such as an increase in
cardiovascular mortality related to PM10 particles, diseases of the respiratory mucous
membrane caused by numerous pollutants, CMR effects of PAHs and some heavy metals, or
the role of VOCs in the onset of certain cancers
53
urban populations from PM-related diseases, notably cardio-respiratory ones, and from
resulting premature mortality. Indeed, for particles under 10m in diameter (PM10),
recommended normative values do not take into account naturally occurring aerosols, which
implies a significant weakening of current standards, as recommended by the Commission
Directive 1999/50/EC of 25 May 1999. Likewise, for fine particles (under 2.5 m in diameter
(PM2.5)), the most harmful to health, the annual average limit value should be 10g/m3 as
recommended by the WHO, at most 15g/m3 as is the case in the United States, whereas in
the proposed directive, it is set at a significantly higher level, over 20g/m3.
The European Union must legislate on air quality by setting standards that take
current international scientific data into consideration, and in accordance with WHO
recommendations. In its current phrasing, the CAFE directive is inappropriate to
address the health issues related to outdoor air pollution due to dust in the Member
States of the Union. The limit values of this directive must be revised and lowered.
122
IARC (International Agency for Research on Cancer): IARC Monographs on the evaluation of carcinogenic risk
to humans. Volume 45. Occupational Exposures in Petroleum Refining; Crude Oil and Major Petroleum Fuels.
IarcPress, Lyon; 1989.
123
Pope CA 3rd, Burnett RT, Thun MJ, Calle EE, Krewski D, Ito K, Thurston GD. Lung cancer, cardiopulmonary
mortality, and long-term exposure to fine particulate air pollution. JAMA. 2002 Mar 6;287(9):1132-1141
124
Garshick E, Laden F, Hart JE, Caron A. Residence near a major road and respiratory symptoms in U.S.
Veterans.Epidemiology. 2003 Nov;14(6):728-736.
125
Venn AJ, Lewis SA, Cooper M, Hubbard R, Britton J. Living near a main road and the risk of wheezing illness
in children. Am J Respir Crit Care Med. 2001 Dec 15;164(12):2177-2180.
126
McConnell R, Berhane K, Yao L, Jerrett M, Lurmann F, Gilliland F, Kunzli N, Gauderman J, Avol E, Thomas D,
Peters J. Traffic, susceptibility, and childhood asthma.Environ Health Perspect. 2006 May;114(5):766-772.
54
127
55
131
56
By means of a specific directive, the European Union must impose systematic and
periodic servicing for all diesel engines currently on the market.
57
New threshold limit values (TLV) must be introduced and relevant manufacturers must
comply with the technical recommendations of the directive, referring to the BREF reference
document by 1 January 2008.
In order to reduce pollution induced by particles, sulfur dioxide, and nitrogen oxides,
the European Union and the Member States must see to the strict compliance with
Directive 2001/80/EC of the European Parliament and of the Council of 23 October
2001 on the limitation of emissions of certain pollutants into the air from large
combustion plants, and make sure that the deadline of 1 January 2008 is met.
R-M88: Trans-boundary pollution. Limit values for emissions (LVE) for pollutants in
the air. Inadequacy of the CAFE directive proposal.
The Member States signed the Gothenburg protocol of 1 December 1999 at the United
Nations Economic Commission for Europe (UNECE) on long range trans-boundary air
pollution designed to abate acidification, eutrophication and ground-level ozone.
Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulfur dioxide,
nitrogen dioxide and nitrogen oxides, particulate matter and lead in ambient air sets limit
values for pollutants. Directive 2000/69/EC of the European Parliament and of the Council of
16 November 2000 relating to limit values for benzene and carbon monoxide in ambient air
defines two new pollutants. Directive 2002/3/EC of the European Parliament and of the
Council of 12 February 2002 relating to ozone in ambient air adds ozone induced pollution.
Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and
management, and its daughter directive 2004/107/EC of the European Parliament and of the
Council of 15 December 2004 relate to arsenic, cadmium, mercury, nickel and polycyclic
aromatic hydrocarbons in ambient air.
There is growing concern over atmospheric emission of pollutants and their long range transboundary propagation, which by far outgrows individual preoccupations for each Member
State. Therefore strong action on behalf of the Union is required.
As for water pollution, air pollution requires that the Union take action outside the frame of
the subsidiarity principle. Such an action consists in implementing measures applicable by all
Member States. This is what is recommended by the Directive proposal from the Council and
the European Parliament and the Clean Air For Europe Directive (CAFE) introduced by the
Commission COM(2005)447 final and currently under discussion in the Parliament. The
current directive proposal as presented in COM(2005)447 final introduced by the
Commission remains very complex in its phrasing. It covers atmospheric pollution by dusts,
sulfurous anhydride (SO2), nitrogen oxides (NOx), carbon monoxide (CO), lead, benzene and
ozone. Although it is quite complex, the directive proposal is actually insufficient regarding
dusts (see Recommendation-Measure R-M76), confused regarding so-called natural
emissions, and is in fact incomplete. It does not cover heavy metals other than lead. It does
not cover PAH or ammonia (NH3) pollution, and, most importantly, it does not cover chlorine
or bromine atmospheric pollution, which are actually crucial for the future of the planet (see
Chapter 3). Finally, it only very modestly touches upon the sanctions faced by the Member
States for disregarding the terms or implementation schedule of the directive.
The European Union must simplify the phrasing of the current CAFE directive
proposal on air pollution. It must include atmospheric emissions of all volatile heavy
metals, especially mercury and cadmium. It has to include PAHs, carbon dioxide
(CO2), methane (CH4), and ammonia. It must also include chlorine and bromine
induced pollution, and must enforce limit values agreed on for PM10 and PM2.5. More
generally, regarding emission limit values, the European Union must legislate in
accordance with sanitary safety targets to be met as soon as possible by the majority
of the Member States of the Union. When the Member States are unable to meet the
targets, the Union will need to revise the schedule instead of modifying authorized
limit values to take these Member States into account. Finally, it must act with
58
increased strictness regarding the sanctions faced by the Member States not willing,
to comply with the terms of the directive, while able to do so, in due course.
AS IT IS, IT IS OBVIOUS THAT THE DIRECTIVE AS PROPOSED WILL NOT BRING ANY
INCREASE IN SANITARY SAFETY FOR THE DIFFERENT PEOPLES OF THE UNION IN
COMPARISON TO THE CURRENT SITUATION, AND THAT IT WILL NOT BE POSSIBLE
TO IMPLEMENT ANY PRACTICAL ENVIRONMENTAL HEALTH POLICY ON AIR
THROUGHOUT THE UNION.
132
Kelfkens G, de Gruijl FR, van der Leun JC: Ozone depletion and increase in annual carcinogenic ultraviolet
dose. Photochem Photobiol 1990, 52: 819-823.
133
De Fabo EC: Arctic stratospheric ozone depletion and increased UVB radiation: potential impacts to human
health. Int J Circumpolar Health 2005, 64: 509-522.
134
Available at : www.unep.org/org/ozone
59
22 March 1985, a certain number of substances involved in that process have been replaced
or are still in the process of being replaced. But other SDOs are still in use.
The Montreal Protocol stipulates that the production and consumption of 96 chemical
compounds containing chlorine and bromine have to be phased out by 2040 following a
defined calendar.
These notably include halocarbons, and particularly chlorofluorocarbons (CFCs), halons,
carbon tetrachloride (CCl4), methyl chloroform, hydrobromofluorocarbon (HBCF),
hydrochlofluorocarbon (HCFC), methyl bromide (CH3Br), and bromochloromethane (BCM).
Halons, CFCs, CH3Br, HBFCs, and BCM have now been formally prohibited. But HCFCs are
still partially allowed, as are CFC, chloromethane and CH3Br gels. Moreover, certain CFCs
are still used as propellants for medical purposes, in asthma medication for instance.
Provision is made in the Montreal Protocol for the creation of a fund designed to help
developing countries to gradually move out of their dependency regarding substances and
products which take part in ozone layer depletion, and the trade of which is now strictly
controlled.
R-M90: Chlorinated and brominated products. Chlorine and bromine emissions in the
atmosphere.
The implementation of the Montreal Protocol has led to a significant reduction of CFC use,
even though they are still used as propellants for medical purposes. CFC bans have led to
their replacement by substances such as HCFCs. HCFC use should in turn be gradually
phased out by 2020, as those substances are also potentially SDO, though to a lesser extent
than CFCs. SDO manufacturers worldwide are now concentrating on research and
development of new substances which could possibly replace HCFCs and all other SDOs.
Hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs)compounds which, like CFCs
and HCFCs, are known as halocarbonsare currently being used in replacement of banned
SDOs.
Phasing out SDOs and replacing them with other halocarbons is the current answer to ozone
depletion. But unfortunately, CFCs and HCFCs are powerful greenhouse gases (GHGs). As
a result, they also generate an additional threat to another major environmental issue:
climate change. Thus, replacing SDOs with other halocarbons is not a viable solution.
Taking into account article 3 of the Paris Appeal, the European Union must legislate,
by means of a specific directive, on chlorine and bromine atmospheric emissions, and
on the commercial and industrial use of chlorinated and brominated substances. It
has to assess the measures which have been implemented in conformity with the
Montreal Protocol on the reduction of chlorine and bromine substances use inside the
union, and should also initiate a new global assessment of the implementation of the
Montreal Protocol.
CFC use in propellants should be prohibited, including for medical use, as these
actually are of no proven medical benefit.
Finally, owing to the very high reactivity of bromine with stratospheric ozone, the
European Union must urgently make it a priority to legislate in a very firm manner on
the use of all brominated substances. In accordance with Measure 55, their use and
trade must be prohibited.
60
Thus, for instance, the Sick Building Syndrome (SBS) was defined by the WHO in 1982 as a
new combination of ailments specifically associated with the use of insalubrious facilities135.
There are several potential causes to this: emission of toxic chemical substances,
electromagnetic exposure, presence of microorganisms, poor ventilation.
Likewise, Multiple Chemical Sensitivity (MCS), though not yet acknowledged as a syndrome
by the WHO, has recently been defined as a true pathology by the Danish environment
protection agency136.
Furthermore, several recent scientific studies have investigated the development of certain
cancers and/or leukemia as a consequence of chemical pollution inside office or residential
buildings.
Passive smoking probably has an impact, but it cannot account alone for the emergence of
these pathologies, especially when several studies suggest that the accumulation of dusts,
VOCs or other chemical substances have a decisive impact.
135
IndoorAirPollutants: Exposure and Health Effects. Report on a World Health Organization meeting.
Copenhagen, Denmark: World Health Organization Regional Office for Europe; 1983. EURO reports and studies
no 78.
136
Environmental
Project
no.
988,
2005:
http://www.mst.dk/udgiv/publications/2005/87-7614-5484/html/helepubl_eng.htm
137
The right to healthy indoor air: report on a WHO meeting, Bilthoven, The Netherlands 15-17 May 2000.
61
R-M95: Traceability and labeling of raw materials, furniture and indoor products.
Indoor air pollutants are firstly due to outdoor air pollution, secondly to their discharge from
building materials, furniture, wall and floor lining, and thirdly to everyday consumer products
available on the market.
The European Union must legislate in the field of traceability of building and fitting out
materials, of furniture and of all products put on the market according to their life
cycle. It must make sure that such materials, furniture or products do not emit dust,
VOCs or any other toxic substance when subject to heat. The European Union must
legislate by means of a specific directive on the labeling of such materials, furniture
and products.
M96: Ban on materials, furniture and indoor products discharging toxic volatile
substances.
Any building or fitting out material, any furniture and any product known to discharge
dust or fibers, formaldehyde, VOCs or toxic volatile heavy metals, or any other toxic
substance must be formally banned from the market.
138
139
nd
62
M98: Terms of the removal of asbestos. Ban on the removal of asbestos carried out in
non-EU countries.
Asbestos removal from any building, road, air or maritime vehicle, and in general, from any
product placed on the market and containing asbestos, is hazardous. Asbestos removal is
often more hazardous for health than confinement without removal. In France, 76% of
buildings sites are breaking the law, as they release asbestos fibers beyond tolerated
thresholds.
Asbestos removal needs to be avoided if it can be replaced by a sealing procedure,
consisting of a protection casing with a sealed covering, in order to prevent asbestos fibers
from polluting indoor air. Any asbestos removal, all the more so when asbestos flakes are
concerned, needs to be carried out by specialized teams. European Member States which
contributed, because of a laisser faire policy, to the pollution of their environment, allowing
the asbestos industry to develop in their countries must be held responsible. In accordance
with ethical considerations, they must by no means, for financial or economic reasons,
commit asbestos removal from contaminated vehicles or facilities to third countries, which
are, in most instances, inexperienced and insufficiently equipped.
Owing to the risks related to asbestos removal, the European Union and Member
States must make sure that asbestos removal processes are performed under secure
and ethical conditions. The European Union must prohibit any asbestos removal from
vehicles or objects that are requested from third countries due to economic
profitability reasons.
Boilers and notably the parts of burners and fireboxes placed on the market prior to
the ban on asbestos potentially contain asbestos which has become friable. And yet,
operations to replace all these parts or some of them on boilers are often carried out
by non-specialized and often ill-equipped professionals. Due to the flakiness of
asbestos, asbestos removal may induce indoor air pollution.
Furthermore, as roof sheets and roofs in asbestos-cement (fibrocement) are not
considered to be friable, they are authorized by EU Member States. However, friction
of these sheets on metal (steel, aluminum) or wooden frames may generate
asbestos fibers in significant amounts under the roof.
In compliance with Measure M97, chimney sweeping of any boiler manufactured prior
to the ban on asbestos, and therefore probably containing some, must be prohibited.
Member States must make sure that the replacement of old boilers is carried out by
63
specialists. The European Union must also legislate on the obligation to withdraw or
confine any hard sheet of asbestos located under the roof, as soon as people live or
work in the buildings concerned.
140
http://www.chrysotile.com/fr/chrysotile/substitute/default.aspx
ARC Monographs on the Evaluation of Carcinogenic Risks to Humans. Volume 81. Man-made Vitreous
Fibres. 2002: http://monographs.iarc.fr/ENG/Monographs/vol81/volume81.pdf
142
Vaughan GL, Trently SA, Wilson RB. Pulmonary response, in vivo, to silicon carbide whiskers. Environ Res.
1993 Nov;63(2):191-201.
143
Adachi S, Takemoto K, Kimura K. Tumorigenicity of fine man-made fibers after intratracheal administrations to
hamsters. Environ Res. 1991 Feb;54(1):52-73.
141
64
processes, etc. Nanoparticles are thus much smaller than PM2.5 particles (Refer to
Recommendation-Measure R-M76). From a sanitary viewpoint, nanoparticles are extremely
dangerous ; they can penetrate the body through the respiratory tract. They also go directly
through the skin and penetrate the cellular membranes to reach the core, where they may
cause irreversible lesions. As underlined by the British Royal Society and the Royal
Academy of Engineering, sanitary risks are thus highly probable and probably very high.
Major precautions therefore need to be taken for people working in the field of
nanotechnologies144.
The European Union and the Member States must consider with great care the
potential sanitary hazards related to nanotechnologies and, owing to the
precautionary principle, suggest practical measures aimed at protecting exposed
people.
R-M103: Radon.
Over 50% of terrestrial radioactivity is caused by radon, naturally present in the ground.
Radon can accumulate in the air of residential buildings, due to its discharge not only from
the ground, but also, possibly, from building materials. It can also be found in drinking water.
According to WHO, several tens of thousands of lung cancer related deaths are imputable to
radon.
Current directives, including Council Directive 97/43/EURATOM of 30 June 1997 on health
protection of individuals against the dangers of ionizing radiation in relation to medical
exposure, take into account specific situations such as those related to medical imagery,
professional exposure or radioactive waste processing. They do not, however, take into
account information of the public on possible contamination by naturally radioactive
substances, such as radon.
Some countries have set at 200-400 Bq/m3 the limit above which measures have to be taken
to limit radon exposure in the air of residential building, whereas it has been shown that the
risk of lung cancer significantly increases above a 100/m3 value.
The European Union must legislate on the radon content in public and private places,
and must define an acceptable threshold limit dose. It must also approximate existing
laws in the different Member States of the Union, and encourage the latter to
implement sanitary protection measures in radon-hazardous areas.
144
Nanoscience and nanotechnologies: opportunities and uncertainties. London: The Royal Society & The Royal
Academy of Engineering, 2004. Available from www.royalsoc.ac.uk/policy and www.raeng.org.uk
65
insulation and soundproofing. In case of low outdoor temperatures, air circulated from the
outside implies heat losses, and conversely, in case of high outdoor temperatures, a heat
input. There are several known techniques that allow to combine air circulation with thermal
insulation.
The European Union must encourage Member States to revise architectural standards
regarding suitable indoor air circulation while allowing the thermal and acoustic
insulation of buildings. It must also encourage technological research in that area.
145
66
Strategy for Soil Protection (COM(2002)179final), the Commission defined the targets of a
thematic strategy for soil protection.
Human activity sectors involved in water and soil pollution concerning, in addition to private
individuals activities, activities in the agricultural sector, in the industrial sector and in the
distribution of products placed on the market, due to the wastes they generate. To each of
these sectors correspond specific directives.
Water and soil pollution due to agricultural activities falls within two types of main factors:
excessive use of chemical inputs, and more specifically pesticides (See Chapter 6), and use
of sewage sludge (See Chapter 7).
The European Union must make sure that specific directives deriving from the
framework law 2000/60/EC on water are practically applied by each of the different
pollution key figures.
146
Tannenbaum SR, Young V, Green L, Ruiz de Luzuriaga K: Intestinal formation of nitrite and N-nitroso
compounds. IARC Sci Publ 1980, 31: 2819
147
Ward MH, Mark SD, Cantor KP, Weisenburger DD, Correa-Villasenor A, Zahm SH: Drinking water nitrate and
the risk of non-Hodgkin's lymphoma. Epidemiology 1996, 7: 465-471.
148
De Roos AJ, Ward MH, Lynch CF, Cantor KP: Nitrate in public water supplies and the risk of colon and rectum
cancers. Epidemiology 2003, 14: 640-649
149
Ward MH, deKok TM, Levallois P, Brender J, Gulis G, Nolan BT, et al: Workgroup report: Drinking-water nitrate
and health--recent findings and research needs. Environ Health Perspect 2005, 113: 1607-1614
67
The European Union and the Member States must make sure the nitrate directive is
strictly enforced, reinforce field inspections and controls and devise severe sanctions
for any breach regarding the application of this directive. Moreover, the European
Union and Member States must coordinate their actions with a view to harmonize the
terms of nitrate control and measurement in water and, through specific research,
assess with accuracy the consequences of nitrate pollution on health and
environment. Finally, in case of repeated breaches by the Member States, the
Commission must consider reinforcing this directive in the form of a European
regulation.
150
IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. Volume 58.Beryllium, Cadmium,
Mercury, and Exposures in the Glass Manufacturing Industry. 1994.
68
Concerning the training of farmers, the European Directive to come on the sustainable use of
pesticides, which is currently being discussed and which should become a regulation (refer
to Recommendation-Measure RM70), states that the Member States will need to set up
training plans.
Good agricultural practices must be designed and taught independently from the business
sector and harmonized within the Union.
In order to decrease the amounts of pesticides used in each of the Member States and
to rationalize agricultural practices regarding their use, the European Union must
establish the provisions and restrictions of use of pesticides, with a specific
regulation. Once this regulation comes into effect, the European Union must make
sure that the Member States enforce its application.
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M116: Ban on the use of pesticides in areas of water harnessing and other wetlands.
Owing to the toxicity of pesticides, following experiments carried out in several European
countries:
the European Union and the Member States must ban the use of pesticides in farmed
areas, in particular in water harnessing areas, in wetlands, in particular around lakes
and along rivers and sea coasts, in order to reduce pollution due to pesticides in
rivers, ground water and seas.
M117: Increased support for organic farming in water harnessing areas and other
wetlands.
In water harnessing areas, close to streams, lakes and ponds, along sea coasts
(M113), the European Union must encourage the use of alternatives to intensive
farming and therefore develop organic farming with adequate legislative measures
and financial incentives.
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151
Available at : http://eca.europa.eu/audit_reports/special_reports/docs/2005/rs03_05fr.pdf
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The European Union must also promote various forms of organic farming through
direct financial incentives.
It must promote the setting up of permanent grasslands and pulse-based productions
(clover, alfalfa, field peas, field beans, etc), fixative of nitrogen in the air, in order for
Europe not to depend so much on the import of soy cakes (for animal feed) and oil (for
the manufacturing of nitrogen fertilizers).
Soybeans an its by-products must therefore be submitted to taxation at the borders.
Finally, the European Union must reform the CAP on fairer bases, through adequate
financial incentives and fiscal measures, and make sure that the prices of agricultural
produce are fixed not only based on the produced amount, but also based on the
quality of these produce, according to new criteria to be defined : organoleptic quality,
sanitary safety of foodstuffs, etc. It is clear that one of the major criteria must be the
low content in contaminants, and in particular in pesticides, or better still, the absence
of pesticides in these produce.
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152
http://www.uipp.org/uipp/partenaire.php
Bourn D, Prescott J. A comparison of the nutritional value, sensory qualities, and food safety of organically and
conventionally produced foods. Crit Rev Food Sci Nutr. 2002 Jan;42(1):1-34.
154
FAOs twenty-second regional conference for Europe : the influence of organic farming on the innocuousness
and quality of foods. Available at : http://www.fao.org/docrep/meeting/X4983f.htm
155
Lu C, Knutson DE, Fisker-Andersen J, Fenske RA. Biological monitoring survey of organophosphorus pesticide
exposure among pre-school children in the Seattle metropolitan area. Environ Health Perspect. 2001
Mar;109(3):299-303;
156
Curl CL, Fenske RA, Elgethun K. Organophosphorus pesticide exposure of urban and suburban preschool
children with organic and conventional diets. Environ Health Perspect. 2003 Mar;111(3):377-382.
153
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M124: Ban on the export of pesticides banned on the European market to other
countries.
For obvious humanitarian and sanitary reasons and in accordance with principle 14 of the
Rio Declaration on the environment and development,
the European Union must ban all exports of pesticides, which it has withdrawn from
the market, to other countries, and take strict sanctions against companies that would
not comply, whether they be national or multinational.
M125: Ban on the export of produce for which farmers were subsidized.
The extreme industrialization of agriculture in developed countries, and in some developing
countries, and the promotion of competitiveness within the framework of globalization, are
the cause of the difference in productivity between farms in Northern countries and those in
Southern countries, and consequently, of the worsening of sales inequalities between these
countries, which explains the increase in importance of fair trade, as supported by the FAO.
Such an inequality is one of the factors that causes persistent famine and poverty in the
world.
The European Union, aware of its humanitarian calling and of its international
responsibilities, must redefine its common agricultural policy and not only found it on
the sanitary and economic interests of its own Member States, but also place it within
a global framework involving poor countries.
In order to achieve this, it must ban any export of subsidized produce likely to
destabilize local agricultures of Southern countries and for which farmers were
subsidized. European agriculture should therefore be gradually redirected towards the
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production of quality produce intended for its domestic market, without any prejudice
to farmers in Southern countries.
M127: Ban on open-field GMOs crops, taxation of imported GMOs intended for animal
feed and fraud repression.
The known sanitary risks of GMOs are essentially the onset of allergies. Other risks include
the possibility of bacterial resistance and, mostly, of pesticide-related diseases, as transgenic
plants contain them in great amounts, either because the transgenesis process specifically
leads them to synthesize them, or because they absorb them from the outside environment.
Environmental risks of GMOs are various : contamination of other types of crops, loss in
biodiversity, increase in the resistance to self-propagating plants and pests, possibilities of
bacterial transfer of transgens in the soil, and even at the level of bacteria of the intestinal
flora, etc. 157,158,159,160,161,162.
In 2005, the area sown with GMOs worldwide rose to 90 mil. hectares163. Farmed areas in
Europe are very limited (58.000 ha in Spain). Regulation (EC) No 1830/2003 of the European
Parliament and of the Council of 22 September 2003, on the traceability and labeling of
GMOs and the traceability of food and feed products produced from GMOs, exempts from
the labeling obligation any product containing GMO traces, if they do not exceed the
threshold of 0.9% per ingredient.
157
Dale, PJ, Clarke B, Fontes EMG. Potential for the Environmental Impact of Transgenic Crops, Nature
Biotechnology 20 (6), 2002, 567 -574-575.
158
Conner AJ, Glare TR, NAP JP. The release of genetically modified crops into the environment, Part II.
Overview of ecological risk assessment , The Plant Journal 33, 2003. 19-46
159
ICFS (International Council For Science). New Genetics, Food and Agriculture: Scientific Discoveries - Societal
Dilemmas , Paris, 2003, 56 pages. Disponible sur :
http://www.icsu.org/Gestion/img/ICSU_DOC_DOWNLOAD/90_DD_FILE_ICSU_GMO%20report_May%202003.p
df
160
FAO (Organisation des Nations Unies pour lAlimentation). La situation mondiale de l'alimentation et de
l'agriculture 2003-2004 - Les biotechnologies agricoles : Une rponse aux besoins des plus dmunis? 2004, 227
pages.
161
GM Science Review Panel. GM Science Review: First Report - an Open Review of the Science Relevant to
GM Crops and Food Based on the Interests and Concerns of the Public , Londres, Dpartement du commerce
et de l'industrie, 2003. Available at : http://www.gmsciencedebate.org.uk/report/default.htm
162
Gruzza M, Fons M, Ouriet MF, Duval-Iflah Y, Ducluzeau R. Study of gene transfer in vitro and in the digestive
tract of gnotobiotic mice from Lactococcus lactis strains to various strains belonging to human intestinal flora.
Microb Releases. 1994 Jul;2(4):183-189.
163
Source : www.isaaa.org
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Directive 2001/18/EC of the European Parliament and of the Council of 12 March, 2001,
relating to voluntary dissemination of genetically-modified organisms in the environment,
requests mid- and long-term health controls that are not enforced in Europe. In fact, this
directive is incomplete. It should include the obligation to evaluate the chronic toxicity of
GMOs on mammals that consume them today, using tests, as is the case for directive
91/414/EEC on pesticides. As it stands today, directive 2001/18/EC is clearly not as
restrictive as the regulation on pesticides.
The European Union must ban on its soil any GMO crop for the purpose of marketing,
must ban the marketing of any GMO product, must ban any import of GMO products
for human foods, must set a tax on any import of GMO products intended for animal
feed, must regulate extremely strictly any experimental crop of GMOs in open fields,
must regularly carry out the required inspections and must finally make it compulsory
for Member States to severely sanction any fraud to these regulations.
M129: Stepping up of the terms of the ban on the spreading of sewage sludge.
Heavy metals in sewage sludge disperse in the soil when soil pH is below 6, i.e. acid or
neutral.
Any sludge spreading on farmed land must be banned if sludge contains heavy metal
contents that are higher than authorized standards, if soil pH was not measured by an
official organization, and if pH is shown to be below 6 and if the land to be spread is
close to a wetland.
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164
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M133: Extension of mercury limit values for emissions (LVEs) to any coal combustion
facility. Revision of directives 96/61/EC and 2001/80/EC.
Small coal combustion facilities discharge more or less as much mercury as large facilities.
For industries using coal combustion, the Union must fix LVEs, including for small
businesses, and therefore revise and extend Council Directive 96/61/EC of 24
September 1996 and supplement Directive 2001/80/EC of the European Parliament and
of the Council of 23 October 2001 on the limitation of emissions of certain pollutants
into the air from large combustion plants, by extending it to small combustion
facilities and introducing the conditions to fight emissions of mercury or its byproducts.
M134: Extension of limit values for emissions to all sectors of the industry.
Given that the sources of mercury or by-products emission concern many sectors of the
industry,
the European Union must consider fixing LVEs to all sectors of the industry, including
industries involved in the production of chlorine and soda, cement works and
secondary steel manufacturing plants.
M135: Chlorine and soda industry: gradual dismantling of mercury cell electrolysis.
Considering Council Directive 96/61/EC of 24 September 1996, and the PARCOM Decision
90/3 on Reducing Atmospheric Emissions from Existing Chlor-Alkali Plants of 14 June 1990 of
the OSPAR Commission.
The European Union must attend to the progressive dismantling of mercury cell
electrolysis used in the chlorine and soda industry, and encourage their substitution
with currently available processes, in compliance with BREF documents in their
current state. Moreover, the European Union must attend to the safe storage of
mercury thus released.
78
chloride, as quickly as possible, by 2008. To achieve this, the European Union must
amend Regulation (EC) No 304/2003 of the European Parliament and of the Council of
28 January 2003 concerning the export and import of dangerous chemicals.
79
However, implementation and incineration present drawbacks. Most of the time, dumps are
open air and thus insufficiently secured, and incineration or co-incineration discharges
numerous pollutants.
In reality, incineration or co-incineration, though they have the advantage of simplifying
problems and enabling energetic recovery of some wastes, are activities which use up a lot
of reusable resources other than energetic. Both activities are thus insufficiently profitable
economically. Moreover, despite current regulatory precautions and standards, incineration
and co-incineration remain very polluting, and thus incompatible with a healthy environment.
Though very probable, harmful consequences on health are difficult to establish: possible
cancers in the vicinity of incinerators or dumps166,167, long-distance trans-boundary transfers
of pollutants, involvement in stratospheric ozone depletion and increase in the greenhouse
effect (see further on).
166
Franchini M, Rial M, Buiatti E, Bianchi F. Health effects of exposure to waste incinerator emissions: a review of
epidemiological studies. Ann Ist Super Sanita. 2004;40(1):101-115.
167
Hu SW, Shy CM. Health effects of waste incineration: a review of epidemiologic studies. J Air Waste Manag
Assoc. 2001 Jul;51(7):1100-1109.
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The European Union must reconsider Directive 2006/12/EC and introduce the notion
of lifecycle of products on the market. The marketing of products with a long lifecycle
must be promoted compared to that of products with a short lifecycle.
Product lifecycle must thus be the focus of the modern worlds concerns. It must be
systematically assessed by industrialists through specific performance tests and be
part of the terms of the marketing authorization.
Thus, disposable products or objects, even if they are recyclable, must be banned
from the market, when there is another option with a longer lifecycle in identical safety
conditions.
R-M143: Waste sorting with a view to recovery through selective sorting and
recycling.
Due to the multitude and very diverse nature and origin of wastes, their sorting is extremely
complex.
Council Directive 75/442/EEC of 15 July 1975 on waste establishes, in annex I, a list of 16
categories of wastes.
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This same list was taken up again in Directive 2006/12/EC of the European Parliament and
of the Council of 5 April 2006 (see previously), promulgated in place of directive 75/442/EC.
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste established, in
annex I, another more accurate list regarding categories or generic types of hazardous
waste listed according to their nature or the activity which generated. Thus, in annex I of this
directive, are considered to be hazardous: hospital wastes, pharmaceutical wastes, wood
preserving products, biocides and phytopharmaceutical products, solvent residue,
halogenous substances, used oil, tar coming from the industry, inks, colorings, plasticizers
and glues, etc.
In reality, considering Commission Decision 2000/532/EC of 3 May 2000 replacing Decision
94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC
on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to
Article 1(4) of Council Directive 91/689/EEC on hazardous waste, a much more exhaustive
list of waste, resulting from a synthesis of directives 75/442/EEC and 91/689/EEC, was
drawn up, leading to a European catalog of waste. This catalog lists 839 categories of waste,
recorded in 20 chapters.
In reality, the European catalog of waste does not take into account the recyclability or reusability of waste.
Among waste reusable in the form of components or directly recyclable, one should
mention: (1) household biowaste, (2) the vast majority of paper and cardboard boxes, (3)
bioplastics packaging, (4) green waste and non-treated wood, (5) glass objects, (6) brokendown transport vehicles, (7) electrical and electronic appliances.
On the other hand, the following cannot be directly used or recycled and thus require
specific prior treatment : (1) numerous food packaging on the market, (2) sewage sludge, (3)
treated wood, (4) hospital and medical wastes, (5) used oil, (6) residue from the industry and
laboratories, and in general, all hazardous products.
In order to recover waste through the recycling of other resources than energy
production, the European Union and Member States must make a distinction
between reusable or recyclable waste and non-recyclable or reusable waste, and
institute for reusable or recyclable waste a management and treatment option based
on organized collection, selective sorting and recycling after specific treatment.
R-M144: Waste recovery through selective sorting and recycling. Revision of directive
2000/76/EC.
In the Communication from the Commission - Towards a thematic strategy on the prevention
and recycling of waste, the European Commission encourages Member States to recycle
recyclable waste and to reuse the parts of those that are reusable to save raw material
resources and limit pollution.
All parties concerned were asked to present their observations prior to 30 November 2003.
This resulted in Communication COM (2005) 666 final from the Commission to the Council,
the European Parliament, the European Economic and Social Committee and The
Committee of the Regions : Taking sustainable use of resources forward - A Thematic
Strategy on the prevention and recycling of waste.
Among the planned targets, one should underline: the simplification and modernization of the
current legislation, its application, the introduction of the notion of lifecycle in waste
management, the development of a more ambitious policy in waste prevention and the
development of joint recycling standards.
In reality, there are three types of recycling: (1) The first type concerns the conversion of
green waste into compost. (2) The second type consists in collecting, in the form of spare
parts, the components used to manufacture objects placed on the market. Such a collection
particularly applies to out-of-service vehicles and to electrical and electronic appliances (TV
sets, computers, washing machines, refrigerators, etc.). (3) The third type of recycling
consists in collecting the raw material that was used to manufacture products or objects
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placed on the market, in order to reuse it to manufacture new products or objects. Such
reuse particularly applies to paper and cardboard, non-treated wood, glass, and metal
objects (including out-of-service vehicles). It may also apply to electrical and electronic
appliances, after re-use of their components.
The European Union must encourage the Member States to commit themselves to a
strategy of waste management based on organized collection, selective sorting and
reuse or recycling of waste in three priority fields : composting, recovery of secondary
materials and recovery in the form of spare parts in electrical or electronic appliances
components. To achieve this target, and in compliance with Commission proposals
COM (2005) 666 final, the European Union must define a waste management scheme
applicable to each of the Member States, through a specific frame directive, must fully
revise Directive 2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the incineration of waste and must make sure that the Commission
meets the schedule of proposed measures it has fixed.
M145: Ban on the building of any new incinerator and on any new authorization of coincineration.
Incineration and co-incineration are non-discriminating, insufficiently profitable economically
and very polluting processes of energetic waste recovery.
Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on
the incineration of waste aims at fixing minimum requirements that incineration and coincineration facilities must meet. It aims in particular at limiting the emission of certain
pollutants, such as nitrogen oxides (NOx), sulfur dioxide (SO2), heavy metals, dioxins and
furans, by fixing limit values for emissions (LVEs) in incinerators exhaust fumes, as well as
in the discharge of used water from the cleaning of exhaust gases, the target being to reduce
the transfer of pollutants in the air and water.
This directive needs to be fully revised, as it is incomplete, does not allow for selective
sorting and recycling of waste, and most of all, is very harmful.
Indeed, the following are authorized to be incinerated or co-incinerated : sewage sludge,
medical and hospital wastes, treated wood (likely to contain halogenous compounds or
heavy metals), and other hazardous wastes containing substances, such as
polychlorobiphenyls (PCBs), polycloroterphenyls (PCTs), chlorine, fluoride, sulfur, heavy
metals. Moreover, the recycling of secondary materials is planned only after incineration, i.e.
from incineration residue, which is not profitable at all economically. Furthermore, limit values
for emissions in the air and water are very insufficient and incomplete.
Thus, for example, in this directive, no LVE is given for bromine. And yet, the incineration of
brominated products, such as flame-retardants in electrical and electronic appliances
notably, is likely to give out bromine fumes that could be the cause, as chlorine fumes, of the
depletion of the stratospheric ozone layer (Refer to Title IV, Chapter 3).
Finally, control measures are planned in a non-continuous way for numerous substances and
not planned for others. The issue of incineration is not limited to the emission of dioxins.
Numerous other toxic substances, including polychlorobiphenyls (PCBs), are also discharged
and not measured directly and regularly.
Blind incineration of waste, such as proposed by directive 2000/76/EC, is thus, as it stands,
extremely dangerous, polluting for the environment, offers no sanitary safety whatsoever
and, moreover, is insufficiently profitable economically.
Owing to the fact the sanitary consequences and environmental dangers of
incineration and co-incineration may occur over very long distances, the European
Union must not only fully revise Directive 2000/76/EC of the European Parliament and
of the Council of 4 December 2000 on the incineration of waste, but also immediately
prohibit the construction of any new incinerator and make sure no new co-incineration
authorization is issued. These bans must last as long as a waste management scheme
applicable to all EU Member States, clearly defining the collection, selective sorting
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and recycling means, has not been put in place, in compliance with Commission
proposals contained in communication COM (2005) 666 final.
Such a moratorium immediately applicable to all EU Member States is essential, if the
target is for the Union to adopt an environmental policy equal to the public health
challenge that it is now facing.
R-M149: Location of the management and treatment of urban and industrial waste.
The Basel Convention of 22 March 1989 on the control of trans-boundary movements of
hazardous wastes and their elimination, was adopted by the European Union through two
Council Decisions : Council Decision 93/98/EEC of 1 February 1993 on the conclusion, on
behalf of the Community, of the Convention on the control of trans-boundary movements of
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hazardous wastes and their disposal (Basel Convention) and Council Decision 97/640/EC of
22 September 1997 on the approval, on behalf of the Community, of the amendment to the
Convention on the control of trans-boundary movements of hazardous wastes and their
disposal (Basle Convention), as laid down in Decision III/1 of the Conference of the Parties,
prohibiting movements of hazardous wastes intended for their final elimination and recovery
operations towards non-party States.
Imports or exports of wastes, including hazardous wastes to or from one non-party State, are
banned. For party States, trans-boundary movements may be authorized only if the transport
and elimination of waste are harmless.
In addition to the ethical conditions considered in the Basle Convention, it appears moreover
that waste transport is expensive and that it may be dangerous.
Therefore, waste management and treatment must be carried out locally, in the Member
State that produces them. Thus, urban waste management and treatment must be borne by
towns and cities within the framework of a sustainable health charter (refer to
Recommendation-Measure R-M14). Likewise, industrial waste management and treatment
must be dealt with by specialized industrial organizations located in protected facilities, far
away from towns, cities and wetlands.
The European Union and Member States must attend to the decrease of road, rail and
maritime transport of waste and therefore, must make sure that waste treatment is
carried out locally, on protected sites, far away from towns, cities and wetlands, and
this all the more as they are dangerous.
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workstation and thus to offer primary prevention in suitable safety conditions ; (2) due to the
evolution of current scientific data, new safety standards must be defined ; (3) owing to new
scientific data on pollution, company doctors are not informed and trained well enough.
Specific training regarding new public health issues needs to set up. (4) workers may present
new sanitary risks related to the increase of pollution. These risks may be worsened due to a
lack of information or precaution ; (5) finally, a certain number of new diseases caused by
pollution need to be acknowledged as vocational diseases and victims must obtain
compensations.
The European Union and Member States, in partnership with unions, must start up an
in-depth reform of health at work by redefining new safety standards, giving company
doctors the possibility to provide a genuine primary prevention of diseases and
making sure that workers meet safety requirements and that they receive suitable
compensations, including in case of a new disease caused by pollution.
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Research
and
technical
Education, research and technological development are essential to reduce pollution and
improve health. In these fields, it is vital that Europe be one of the front runners and possibly
show the way in the world.
R-M157: The failure of the 6th framework program in terms of sanitary research. The
need to include environmental health and prevention in the 7th framework program.
Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002
concerning the sixth framework program of the European Community for research,
technological development and demonstration activities, contributing to the creation of the
European Research Area and to innovation (2002 to 2006) had planned to direct research
towards seven thematic areas assessed as a priority for a global amount of 16,270 million
Euros.
The seven thematic areas identified were : (1) life sciences, genomics and biotechnology for
health, (2) information society technologies, (3) nanotechnologies and nanosciences, (4)
aeronautics and space, (5) food quality and safety, (6) sustainable development, global
change and ecosystems, (7) citizens and governance in a knowledge-based society.
None of these seven thematic areas specifically dealt with the link between health and the
environment, as the first field dealt with health without considering the possibility of risk
factors related to the environment and as the sixth field dealt with environmental research,
without considering the sanitary consequences of pollution. Moreover, in the first field, no
research on prevention was considered, no more than environmental prevention.
This has resulted in the 6th framework program of the European Community being a
complete failure in terms of public health, if results, as regards treatment breakthroughs
and the fight against diseases, are analyzed, and this, despite the huge amounts of money at
stake. Thus, contrarily to what was planned, acquiring fundamental knowledge on the
genome has in fact allowed no real advances in the screening and treatments of most
diseases.
Fighting the main diseases identified has been an incredible failure in terms of public health,
due to the absence of a decisive breakthrough, as regards screening and treatment, whereas
the incidence of these diseases has been growing unavoidably, including since the
implementation of this program. This is notably the case of cancers, diabetes, diseases of
the nervous system, whereas fertility problems have not even been considered in the sixth
plan.
And yet, the 7th framework program of the European Community for research and
technological development, currently being drawn up, does not learn from the failure of the
previous plan, in terms of health, and is the continuation of the 6th framework program,
without taking into account, as a priority, health and environmental issues, and more
particularly environmental health issues. This is a very serious conceptual mistake, which
leads and will lead inexorably to endanger future generations.
In terms of health, the European Union and the Member States must learn from the
failure of the 6th framework program relating to research, technological development
and demonstration activities, and modify the direction taken in the draft of the 7th
framework program.
The European Union and the Member States must therefore include, as a priority,
research and technological development activities in the fields of health and
environment, and more particularly in that of environmental health, considering the
concept of sustainable health, and not only of sustainable development. European
citizens must be particularly careful regarding the direction of research of the 7th
framework program, as, in compliance with articles 2 and 3 of the Paris Appeal, their
health, and that of future generations, is at stake.
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168
Boyle P, Ferlay J. Cancer incidence and mortality in Europe, 2004. Ann Oncol. 2005 Mar;16(3):481-488.
Steliarova-Foucher E, Stiller C, Kaatsch P, Berrino F, Coebergh JW, Lacour B, Parkin M. Geographical
patterns and time trends of cancer incidence and survival among children and adolescents in Europe since the
1970s (the ACCISproject): an epidemiological study. Lancet. 2004 Dec 11-17; 364(9451): 2097-2105.
169
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Likewise, in the last 20 years, in many Member States, in women, the incidence of breast
cancers has doubled ; in men, that of prostate cancers has tripled, whereas that of testicular
cancers has increased at least fivefold.
Simultaneously, over the last 20 years, advances in treatments have not come up to financial
investments. Thus, therapeutic research based on the study of the genome or the immune
system has reached a dead end.
This has resulted in the fact that, in the United States, the curve of cancer-related mortality
has remained steady in the last 50 years, in spite of the different research plans implemented
(refer to appendix IV) and this is also true in Europe. Therefore, cancer research must now
follow a different path. Although we need to continue research in the field of biology and in
particular of genetics to develop new treatments, it has become essential today to reconsider
cancer research globally to direct it as a priority towards prevention.
In general, it is admitted that one cancer out of four (25%) is caused by tobacco addiction
and that cancers non related to tobacco, that is to say three cancers out of four (75%), are
caused by individual factors related to lifestyle and/or collective factors, related to physical,
chemical or biological degradation of the environment171,172. Thus, research in prevention
must, as a priority, concern individual and environmental factors.
The European Union and the Member States must fully review their strategy in terms
of cancer research and direct it more specifically towards environmental prevention.
170
Kaatsch P, Steliarova-Foucher E, Crocetti E, Magnani C, Spix C, Zambon P. Time trends of cancer incidence
in European children (1978-1997): Report from the Automated Childhood Cancer Information System project. Eur
J Cancer. 2006 Sep;42(13):1961-1971.
171
Belpomme D, Irigaray P, Newby JA, Seralini GE, Sasco AJ, Howard V. Cancer as an environmental disease.
Estimation of the risk attributable to environmental factors. En cours de publication.
172
Belpomme D, Sasco AJ, Irigaray P, Newby JA, Howard V, Seralini GE, Clapp R. Cancer as an environmental
disease. Specific analysis of several cancer types. Soon to be published.
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Scientists and researchers at the international colloquium in May the 7 , 2004, at UNESCO in Paris on
"Cancer environment and society" organized by French cancer research organization ARTAC gave
their support to the Paris Appeal.
PREAMBLE
Recalling that, according to the Constitution of the World Health Organization (WHO) of 7 April 1948,
Health is "a state of complete physical, mental and social well-being and not merely the absence of
disease or infirmity",
Recalling the commitment to the universal principles of human rights, asserted in the Universal
Declaration of Human Rights of 10 December 1948, and in the two International United Nations
Covenants on Economic, Social and Cultural Rights, and specifically Article 12.1, which sets out the
right for every human being to the highest attainable standard of physical and mental health,
Recalling the Stockholm Declaration of the United Nations Conference on the Human Environment
adopted 16 June 1972, stating that "Man has the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits a life of dignity and well-being", and that
the right to life itself is acknowledged as a fundamental human right;
Recalling the Declaration of the Hague on the environment signed by representatives of 24 countries
on March 11, 1989, reasserting that remedies to be sought involve not only the fundamental duty to
preserve the ecosystem, but also the right to live in dignity in a viable global environment, and the
consequent duty of the community of nations vis--vis present and future generations to do whatever
needs to be done to preserve the quality of the atmosphere;
Recalling that the United Nations Convention on the Rights of the Child signed on November 20,
1989, sets out in Article 6 that States Parties shall "recognize that every child has the inherent right to
life" and shall "ensure to the maximum extent possible the survival and development of the child" and
in Article 24 that States Parties "recognize the right of the child to the enjoyment of the highest
attainable standard of health ()" and "shall take appropriate measures () to combat disease ()
taking into consideration the dangers and risks of environmental pollution";
Recalling the European Charter on Environment and Health adopted 8 December 1989, according to
which every individual is entitled to an environment conducive to the highest attainable level of health
and well-being;
Recalling Resolution 45/94, passed on 14 December 1990, by the General Assembly of the United
Nations, on the need to ensure a healthy environment for the well-being of individuals declaring that
everyone has the right to an adequate standard of living for his or her own health and well-being;
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Recalling the Convention on Biological Diversity of 5 June 1992, stating in its Preamble that "where
there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty
should not be used as a reason for postponing measures to avoid or minimize such a threat";
Recalling that the Rio Declaration on Environment and Development of 13 June 1992, proclaims in
Principle 1 that " Human beings are at the centre of concerns for sustainable development () and
are entitled to a healthy and productive life in harmony with nature", and in Principle 15 that "in order
to protect the environment, the precautionary approach shall be widely applied by States according
to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific
certainty shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation";
Recalling that, under Article 2 of Annex V of the Ospar Convention for the Protection of the Marine
Environment of the North-East Atlantic, signed on 22 September 1992, Contracting Parties shall fulfil
their obligation and take " the necessary measures to protect the maritime area against the adverse
effects of human activities so as to safeguard human health" with a view to eliminating the
discharge, emission or loss of hazardous substances found in the marine environment by the year
2020;
Recalling that the consolidated version, dated October 2, 1997, of the Treaty establishing the
European Community specifies in Article 174, regarding the environment, that Community policy on
the environment shall contribute to pursuit of the following purposes: preserving, protecting and
improving the quality of the environment, protecting human health, prudent and rational utilization of
natural resources and promoting measures at international level to deal with regional or worldwide
environmental problems. In 2, the same article makes it clear that Community policy on the
environment shall be based on the precautionary principle, and Preventive Action Principle, on
the Correction Principle, aiming at correcting, first and foremost, the sources of environmental
degradation, as well as on the Polluter-pays Principle;
Recalling that the Cartagena Protocol on Biosafety with regard to the Convention on Biological
Diversity of 29 January 2000, reasserts in its Preamble and Article 1 the precautionary approach
contained in Principle 15 of the Rio Declaration on Environment and Development, taking into account
risks to human health;
Recalling that the Stockholm Convention on Persistent Organic Pollutants (POPs) of 22 May 2001,
recognizes that "Persistent Organic Pollutants possess toxic properties, resist degradation,
bioaccumulate and are transported through air, water and migratory species" and specifies, in Article
1, its objective, which is to "protect human health and the environment from Persistent Organic
Pollutants";
Recalling that the Johannesburg Declaration on Sustainable Development of 4 September 2002,
denounces the continuing loss of biodiversity, desertification, the adverse effects of climate change,
more frequent and devastating natural disasters, and air, water and marine pollution;
SCIENTIFIC CONSIDERATIONS
1. Whereas the sanitary situation is deteriorating worldwide, and considering that this deterioration,
though different in nature, affects developing as well as industrialized countries,
2. Whereas chronic diseases registered by WHO, especially cancers, are increasing alarmingly;
whereas the global incidence of cancers is on the rise worldwide; whereas since 1950, the incidence
of cancers among the populations of highly industrialized nations has increased steadily; whereas
anyone, young or old, can be affected by cancer; whereas chemical pollution, the magnitude of which
remains to be assessed, could largely contribute to the onset of cancer,
3. Whereas exposure to some substances or chemicals cause a rise in the incidence of some
congenital anomalies,
4. Whereas infertility, and particularly male infertility - whether it be consecutive or not to congenital
malformations or due to a decline in sperm quality and/or sperm counts - is on the rise, especially in
highly industrialized areas; whereas, in some European countries, up to 15% of couples are now
infertile, chemical pollution being one of the causes of infertility,
5. Aware of the fact that human beings are now exposed to a widespread chemical/toxic pollution
caused by multiple substances or chemicals; that this pollution affects human health; that these effects
are often due to a poorly regulated marketing of chemicals, but also to inadequately controlled
management and monitoring of production, consumer use and disposal of these chemicals,
6. Conscious of the fact that these substances or chemicals are more and more numerous :
Polyaromatic hydrocarbons (PAHs), organo-halogenated derivatives such as dioxins and
polychlorinated biphenyls (PCBs), asbestos, toxic metals including those qualified as hazardous heavy
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metals such as lead, mercury and cadmium, pesticides, food additives and others ; that some of these
products resist degradation and are persistent in the environment; that many of these products
contaminate the air, water, soil and food web ; that man is constantly exposed to persistent toxic
substances or products, including Persistent Organic Pollutants (POPs) ; that, among these
substances or products, some bioaccumulate in living organisms, including the human body,
7. Whereas most of these substances or products are currently being marketed without prior and
sufficient toxicological testing and risk assessment for human health,
8. Whereas these numerous chemical substances or products cause a widespread dispersed
contamination throughout the environment ; whereas they interact with one another thus causing
additional and/or synergic toxic effects in the environment and/or living organisms; whereas it is
therefore extremely difficult to produce evidence, at the epidemiological level, of a direct link between
exposure to one and/or the other of these chemical substances or products, and the development of
these diseases,
9. Whereas, regarding toxicology, a number of these substances or chemicals are hormonedisrupting chemicals (endocrine disrupters), that can be carcinogenic, mutagenic or toxic for
reproduction (CMRs) for human beings, and therefore susceptible to induce cancers, congenital
malformations and/or infertility; whereas some of these substances or products can be, among other
effects, allergenic resulting in chronic respiratory diseases, such as asthma; whereas some are
neurotoxic chemicals, leading to degenerative diseases of the central nervous system in adult
population and to intellectual impairment in children; whereas some are immunotoxic, leading to
immunodeficiency, particularly in children, causing infections, especially viral infections; whereas
pesticides are deliberately spread in large amounts in the environment, while a great number are toxic
chemical pollutants for animals and/or human beings and for the environment,
10. Whereas children are the most vulnerable and exposed to contamination by these pollutants;
whereas a great number of these substances or toxic products are transported across the placenta
and can pass through to the fetus; whereas they accumulate in human adipose tissue and are then
found in breast-feeding mothers' milk; therefore acknowledging that pollutants have already entered
the child's system as from his/her birth; whereas, in addition, children can ingest and/or inhale these
substances or products and/or inhale the air polluted by the same substances, especially in our
homes,
11. Whereas these polluting substances or products can induce diseases in children population, such
as those listed in 9 ; whereas one out of seven children in Europe suffers from asthma, whereas
asthma is made worse by city and home pollution; whereas incidence in pediatric cancers has been
on the rise for the last 20 years in some industrialized countries; and whereas these considerations
all lead to the fact that Children are now in serious danger,
12. Whereas the human being is a mammal consubstantial with the surrounding flora and fauna, any
irreversible destruction or pollution of which endangers his own life; whereas man is responsible for
the disappearance of several thousand species each year,
13. Whereas the 28 July 1999 Wingspread Statement, signed by 22 U.S. scientific experts and
NGO's, establishes a causal link between extinct wildlife and domestic animals and contamination of
the environment by some of these chemicals; whereas man is exposed to the same products as these
domestic or wild animal species; whereas these products caused diseases in these animal species
(congenital malformations, infertility) leading thus to their extinction and considering that these
diseases parallel those now found in human beings,
14. Whereas chemical pollution in all its forms has become one of the main causes of current human
scourges such as cancers, infertility, congenital diseases, etc; whereas contemporary medicine is
unable to halt them and, despite great advances in medical research, could well never be able to
eradicate them,
15. Whereas, moreover, pollution triggered by the atmospheric release of greenhouse gases leads
unquestionably to a worsening of global warming and serious climatic disruption; whereas,
according to the less pessimistic scientific forecasts, by 2100, the average temperature could well
have risen by 3, which will contribute to the deve lopment and proliferation of viruses, bacteria,
parasites and vectors of these infectious agents; and considering that consequently, the spreading of
their ecological niche from the southern to the northern hemisphere would be likely to cause the
dispersion of the diseases they induce and the recurrence of infectious and/or parasitic diseases,
which had been partially halted in the last century, or even the appearance of new diseases, in
northern hemisphere nations.
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DECLARATION
Based on these considerations, We, Scientists, Medical Doctors, Jurists, Ethicists and Citizens,
convinced of the urgency and seriousness of the present situation, solemnly declare that :
Article 1 : The development of numerous current diseases is a result of the deterioration of the
environment.
Article 2 : Chemical pollution represents a serious threat to children and to Man's survival.
Article 3 : As our own health, that of our children and future generations, is under threat, the
Human race itself is in serious danger.
We call upon national decision-makers, European Authorities, international organizations, and
specifically the United Nations Organization (UNO), to take the following measures:
Measure 1: Banning all products that are certainly or probably carcinogenic, mutagenic or reprotoxic
(CMRs) for human beings, as specified by competent international scientific authorities and
organizations, and therefore applying to these products the principle of substitution; exceptionally,
whenever implementation of this principle is not feasible and the use of the product concerned is
considered unavoidable, limiting its use to a minimum with particularly stringent measures of fixed
quotas,
Measure 2: Applying the precautionary principle to all chemicals that, regardless of toxicity
characteristics specified in Measure # 1 (refer to 9 and 13), and because they are persistent,
bioaccumulative, toxic (PBT) or very persistent and very bioaccumulative (vPvB), constitute an
allegedly serious and/or irreversible danger for human and/or animal health, and more generally the
environment, without waiting for the definite proof of an epidemiological link, so as to anticipate and
avoid serious and/or irreversible sanitary or ecological damage,
Measure 3: Promoting the adoption of toxicological standards or international thresholds to protect
people, based on the assessment of risks for the most vulnerable, i.e. mostly children and the embryo.
Measure 4: With respect to the precautionary principle, adopting programs with scheduled deadlines
and targets in precise figures so as to achieve elimination or strictly regulated reduction in polluting
substances emissions and in the utilization of marketed chemicals, such as pesticides, modeling the
reduction in use implemented in Sweden, Denmark or Norway,
Measure 5: Due to the serious threats to mankind, calling upon States to require from every public or
private entity to take responsibility for the consequences of their actions or their inefficiency to react;
whenever this is not the State's responsibility, it should be dealt with by an international jurisdiction;
Measure 6: As for global warming and climate change, this responsibility requires nations to
implement forceful measures to cut greenhouse gases emissions without waiting for prior effective
implementation of the Kyoto Protocol.
Measure 7: As regards Europe, reinforcing the REACH program (Registration, Evaluation and
Authorisation of CHemicals) that aims at regulating the marketing of chemicals so as to ensure
substitution of the most dangerous for man with less dangerous substitutes; as regards the world,
adopting international regulations to control the marketing of chemicals following the REACH program
in a reinforced version.
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96
97
700
600
Maladies
cardiovasculaires
500
400
300
Cancer
200
100
0
1950
1960
1970
1980
1990
2002
Relative stability of cancer mortality over the last 50 years in the United States
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