# CE2004084EN.01057701.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/577 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/577

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(2004/C 84 E/0654)

WRITTEN QUESTION E-0373/04

by Roberta Angelilli (UEN) to the Commission

(12 February 2004)

Subject:   Ansaldo-Breda: infringement of environmental protection legislation

Subject:

Ansaldo-Breda is an Italian rolling stock manufacturer. In the last few years, its works in Pistoia have been undergoing renovation, as extremely high levels of asbestos had been detected in its buildings and production processes.

However, it has emerged from the preliminary judicial investigations now underway that, in the course of stripping asbestos from the roof, those responsible failed to take the necessary precautions as regards either prior information and warning or the provision of adequate protective equipment, either for Ansaldo-Breda employees or for the employees of the firm in charge of carrying out the renovation work. This infringed the provisions of the Framework Directive 80/1107/EEC (1) as amended by Directive 88/642/EEC (2), and consequently compensation has been agreed, although it is only partial and relates to a shorter period than the time taken by the whole operation.

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According to Ansaldo-Breda employees it also seems that, subsequently, some of the broken asbestos panelling was buried in an undeclared dump inside the factory perimeter. The first evidence about the dump emerged some five years ago and was reported to the competent Italian authorities. Nevertheless, the employees claim that, to-date, no measures have been taken to avoid any possible dispersion of asbestos fibres into the air or pollution of the subsoil, nor has any action been taken to ensure the dump is made safe.

Given the high toxicity of asbestos and its considerable chemical and physical resistance, the stripping, removal, disposal and sealing required should be carried out by highly specialised experts in order to safeguard the immediate environment, as prescribed in successive recent Community legislation.

In view of the foregoing:

| 1. | Does the Commission consider that Article 137 of the EC Treaty, and more specifically Directives 89/654/EEC (3) and 89/656/EEC (4), have been infringed? |
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1.

Does the Commission consider that Article 137 of the EC Treaty, and more specifically Directives 89/654/EEC (3) and 89/656/EEC (4), have been infringed?

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| 2. | Does the Commission consider that Directive 90/394/EEC (5), as amended by Directives 97/42/EC (6) and 1999/38/EC (7), and Directive 98/24/EC (8) have been infringed? |
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2.

Does the Commission consider that Directive 90/394/EEC (5), as amended by Directives 97/42/EC (6) and 1999/38/EC (7), and Directive 98/24/EC (8) have been infringed?

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| 3. | Does the Commission consider that Directive 87/217/EEC (9) has been infringed? |
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3.

Does the Commission consider that Directive 87/217/EEC (9) has been infringed?

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| 4. | Is the Commission aware of the presence of a dump containing asbestos panels on the site? |
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4.

Is the Commission aware of the presence of a dump containing asbestos panels on the site?

| 5. | What action can be taken to protect the employees? |
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5.

What action can be taken to protect the employees?

Answer given by Mr Dimas on behalf of the Commission

(6 April 2004)

(6 April 2004)

A.   General comments:

| — | With regard to the health and safety of workers, Council Directive 89/391/EEC of 12 June 1989 (10) sets out general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with national laws and/or practices and training of workers and their representatives, as well as general guidelines for the implementation of the said principles. |
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With regard to the health and safety of workers, Council Directive 89/391/EEC of 12 June 1989 (10) sets out general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with national laws and/or practices and training of workers and their representatives, as well as general guidelines for the implementation of the said principles.

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| — | In particular, the exposure of workers to asbestos is currently governed by Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (11). The aim of the Directive is the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. It lays down limit values and other specific requirements, such as the employer's obligation to provide workers with adequate information concerning the risks to health from exposure to asbestos, the precautions to be taken and the need to provide workers with the appropriate respiratory equipment and other personal protective equipment in certain circumstances. |
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In particular, the exposure of workers to asbestos is currently governed by Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (11). The aim of the Directive is the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. It lays down limit values and other specific requirements, such as the employer's obligation to provide workers with adequate information concerning the risks to health from exposure to asbestos, the precautions to be taken and the need to provide workers with the appropriate respiratory equipment and other personal protective equipment in certain circumstances.

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| — | Moreover, several of the individual Directives provided for in Directive 89/391/EEC, such as those mentioned by the Honourable Member, also apply in relation to protection of the health and safety of workers, e.g. 89/654/EEC (12), 89/656/EEC (13), 90/394/EEC (14) and 98/24/EC (15) (which repeals Directives 80/1107/EEC and 88/642/EEC). |
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Moreover, several of the individual Directives provided for in Directive 89/391/EEC, such as those mentioned by the Honourable Member, also apply in relation to protection of the health and safety of workers, e.g. 89/654/EEC (12), 89/656/EEC (13), 90/394/EEC (14) and 98/24/EC (15) (which repeals Directives 80/1107/EEC and 88/642/EEC).

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| — | These Directives do not affect the right of Member States to apply or introduce laws, regulations or administrative provisions to ensure greater protection for workers. |
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These Directives do not affect the right of Member States to apply or introduce laws, regulations or administrative provisions to ensure greater protection for workers.

| — | It is the responsibility of each Member State to transpose and implement the above Directives. It is primarily the responsibility of the relevant national authorities in Italy to ensure that the Directives are properly applied and to make provision in national legislation for administrative and judicial redress. However, if there is evidence to show that national legislation transposing the Community Directives is not being applied, the Commission, as guardian of the Treaty, could invoke the provisions of the Treaty, in particular Article 226. |
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It is the responsibility of each Member State to transpose and implement the above Directives. It is primarily the responsibility of the relevant national authorities in Italy to ensure that the Directives are properly applied and to make provision in national legislation for administrative and judicial redress. However, if there is evidence to show that national legislation transposing the Community Directives is not being applied, the Commission, as guardian of the Treaty, could invoke the provisions of the Treaty, in particular Article 226.

B.   Specific answers to the Honourable Member's five questions:

| 1. and 2. | The information given by the Honourable Member concerns the application in practice of Italian legislation transposing the Directives mentioned in this written question. The monitoring and supervision of its application are primarily the responsibility of the Italian authorities. The Commission does not have sufficient information to establish whether these Directives have been infringed. However, it will take the necessary steps to obtain more detailed information and to ensure, within the limits of the powers conferred on it by the Treaty, that Community law is complied with. |
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1. and 2.

The information given by the Honourable Member concerns the application in practice of Italian legislation transposing the Directives mentioned in this written question. The monitoring and supervision of its application are primarily the responsibility of the Italian authorities. The Commission does not have sufficient information to establish whether these Directives have been infringed. However, it will take the necessary steps to obtain more detailed information and to ensure, within the limits of the powers conferred on it by the Treaty, that Community law is complied with.

| 3. and 4. | As regards the alleged illegal asbestos landfill, a breach of EC waste legislation could be envisaged, and in particular of Articles 4, 8 and 9 of Directive 75/442/EEC, on waste (16), as amended, and of Article 2 of Directive 91/689/EEC, on hazardous waste (17).
  As the Commission is not aware of the specific situation described by the Honourable Member, it will take the appropriate steps in order to gather detailed information and to ensure, within the limits of the powers conferred on it by the EC Treaty, that Community law is complied with.
  Should the Commission come to the conclusion that Community law is being breached in the specific case, it will not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community law.
  Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos mainly addresses the control of pollution from the production of raw asbestos and the working of products containing asbestos. It contains only a few general provisions related to the transport and disposal of waste containing asbestos. On the basis of the information given by the Honourable Member, it is not possible to assess with certainty whether there has been a breach of this Directive. |
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3. and 4.

As regards the alleged illegal asbestos landfill, a breach of EC waste legislation could be envisaged, and in particular of Articles 4, 8 and 9 of Directive 75/442/EEC, on waste (16), as amended, and of Article 2 of Directive 91/689/EEC, on hazardous waste (17).

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As the Commission is not aware of the specific situation described by the Honourable Member, it will take the appropriate steps in order to gather detailed information and to ensure, within the limits of the powers conferred on it by the EC Treaty, that Community law is complied with.

Should the Commission come to the conclusion that Community law is being breached in the specific case, it will not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community law.

Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos mainly addresses the control of pollution from the production of raw asbestos and the working of products containing asbestos. It contains only a few general provisions related to the transport and disposal of waste containing asbestos. On the basis of the information given by the Honourable Member, it is not possible to assess with certainty whether there has been a breach of this Directive.

| 5. | Action to be taken to protect employees' rights, in particular the right to compensation, comes under the administrative and judicial redress procedures established by Italian national law. |
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5.

Action to be taken to protect employees' rights, in particular the right to compensation, comes under the administrative and judicial redress procedures established by Italian national law.

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(1)  OJ L 327, 3.12.1980, p. 8.

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(2)  OJ L 356, 24.12.1988, p. 74.

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(3)  OJ L 393, 30.12.1989, p. 1.

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(4)  OJ L 393, 30.12.1989, p. 18.

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(5)  OJ L 196, 26.7.1990, p. 1.

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(6)  OJ L 179, 8.7.1997, p. 4.

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(7)  OJ L 138, 1.6.1999, p. 66.

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(8)  OJ L 131, 5.5.1998, p. 11.

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(9)  OJ L 85, 28.3.1987, p. 40.

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(10)  OJ L 183, 29.6.1989.

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(11)  OJ L 263, 24.9.1983.

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(12)  OJ L 393, 30.12.1989.

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(13)  OJ L 59, 6.3.1991.

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(14)  OJ L 196, 26.7.1990.

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(15)  OJ L 131, 5.5.1998.

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(16)  OJ L 194, 25.7.1975.

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(17)  OJ L 377, 31.12.1991.

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