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COUNCIL DIRECTIVE
of 19 March 1987
on the prevention and reduction of environmental pollution by asbestos
(87/217/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas successive action programmes of the European Communities (4) on the environment emphasize the importance of preventing and reducing environmental pollution; whereas in this context asbestos has been listed among the first-category pollutants to be investigated on the grounds of their toxicity and of their potentially serious effects on human health and the environment;
Whereas Council Directive 83/478/EEC (5) inserted in Directive 76/769/EEC (6), as last amended by Directive 85/467/EEC (7), provisions restricting the marketing and use of crocidolite (blue asbestos) and products containing crocidolite fibres and special provisions concerning the labelling of products containing asbestos;
Whereas Council Directive 83/477/EEC (8) lays down provisions on the protection of workers from the risks related to exposure to asbestos at work;
Whereas Directive 84/360/EEC (9), lays down provisions on the combating of air pollution from industrial plants;
Whereas Member States should take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as possible, reduced at source or prevented;
Whereas it is appropriate to allow a sufficient period of time for the application of these measures to existing plants;
Whereas Member States should have the possibility, whilst respecting the provisions of the Treaty, to introduce more stringent provisions in order to protect health and the environment;
Whereas disparities between the provisions in force or being amended in the Member States as regards the control of pollution from industrial plants can create unequal conditions of competition and thereby directly affect the functioning of the common market; whereas it is therefore necessary to approximate legislation in this field pursuant to Article 100 of the Treaty;
Whereas reducing pollution by asbestos serves to further one of the Community's objectives regarding the protection and improvement of the environment; whereas, however, specific powers for this purpose are not expressly provided for in the Treaty and Article 235 must therefore also be invoked,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The objective of this Directive is to lay down measures and to supplement provisions already in force, with a view to preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment.
2. This Directive shall be applied without prejudice to the provisions laid down by Directive 83/477/EEC.
Article 2
For the purpose of this Directive:
1. Asbestos means the following fibrous silicates:
- crocidolite (blue asbestos),
- actinolite,
- anthophyllite,
- chrysotile (white asbestos),
- amosite (brown asbestos),
- tremolite.
2. Raw asbestos means:
the product resulting from the primary crushing of asbestos ore.
3. Use of asbestos means:
activities which involve the handling of a quantity of more than 100 kilograms of raw asbestos per year and which concern:
(a) the production of raw asbestos ore excluding any process directly associated with the mining of the ore, and/or
(b) the manufacturing and industrial finishing of the following products using raw asbestos: asbestos cement or asbestos-cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings, asbestos fillers.
4. Working of products containing asbestos means:
activities other than the use of asbestos, which are liable to release asbestos into the environment.
5. Waste means:
any substance or object as defined in Article 1 of Directive 75/442/EEC (1).
Article 3
1. Member States shall take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as reasonably practicable, reduced at source and prevented. In the case of the use of asbestos, these measures should entail using the best available technology not entailing excessive cost, including where appropriate recycling or treatment.
2. In the case of existing plants, the requirement in paragraph 1 that best available technology not entailing excessive costs be used to reduce and eliminate emissions of asbestos into the air shall be applied taking into account the elements set out in Article 13 of Directive 84/360/EEC.
Article 4
1. Without prejudice to Article 3, Member States shall take the measures necessary to ensure that the concentration of asbestos emitted through the discharge ducts into the air during use of asbestos does not exceed a limit value of 0,1 mg/m3 (milligrams of abestos per m3 of air discharged).
2. Member States may exempt from the obligation referred to in paragraph 1 the plants emitting less than 5 000 m3/hour total gaseous discharges, where the discharge of asbestos into the air is not more than 0,5 grams per hour at any time under normal operating conditions.
When this exemption applies, the competent authorities of Member States shall take appropriate measures in order to ensure that the thresholds referred to in the first subparagraph are not exceeded.
Article 5
Member States shall take the measures necessary to ensure that:
(a) all aqueous effluent arising in the manufacture of asbestos cement is recycled. Where such recycling is not ecoomically feasible, Member States shall take the measures necessary to ensure that the disposal of liquid waste containing asbestos does not result in pollution of the aquatic environment and other sectors including the air.
To this end:
- the limit value of 30 grams of total suspended matter per m3 of aqueous effluent discharged shall apply,
- the competent authorities of Member States shall, for each plant concerned, specify the volume of discharges into water of the total quantity of suspended matter dischargd per tonne of product taking account of the specific situation of the plant.
These limits shall apply at the point where the waste waters leave the industrial plant.
(b) All aqueous effluent arising in the manufacture of asbestos paper or board is recycled.
However, the discharge of aqueous effluent containing not more than 30 grams of suspended matter per m3 of water may be authorized during routine cleaning or maintenance of the plant.
Article 6
1. Member States shall take the measures necessary to ensure that measurements are taken at regular intervals of emissions into the air and of discharges of aqueous effluent from facilities to which the limit values provided for in Articles 4 and 5 apply.
2. For the purposes of checking compliance with the said limit values the sampling and analysis procedures and methods shall be in conformity with those described in the Annex or with any other procedure or method which gives equivalent results.
3. Member States shall notify to the Commission the procedures and methods they are using together with the information relevant to assess the pertinence of such procedures and methods. On the basis of this information, the Commission will keep under review the equivalence of the different procedures and methods and report to the Council five years after notification of the Directive.
Article 7
Member States shall take the measures necessary to ensure that:
- activities involving the working of products containing asbestos do not cause significant environmental pollution by asbestos fibres or dust,
- the demolition of buildings, structures and installations containing asbestos and the removal therefrom of asbestos or materials containing asbestos involving the release of asbestos fibres or dust do not cause
significant asbestos environmental pollution; to that end they shall satisfy themselves that the plan of work provided for in Article 12 of Directive 83/477/EEC prescribes the introduction of all the necessary preventive measures to this end.
Article 8
Without prejudice to Directive 78/319/EEC (1), as last amended by the 1985 Act of Accession, Member States shall take the measures necessary to ensure that:
- in the course of the transport and deposition of waste containing asbestos fibres or dust, no such fibres or dust are released into the air and no liquids which may contain asbestos fibres are spilled,
- where waste containing asbestos fibres or dust is landfilled at sites licensed for the purpose, such waste is so treated, packaged or covered, with account being taken of local conditions, that the release of asbestos particles into the environment is prevented.
Article 9
A Member State may, in order to protect health and the environment, introduce provisions which are more stringent than those of this Directive, in compliance with the conditions laid down by the Treaty.
Article 10
The procedure provided for in Articles 11 and 12 is established for the adaptation of the Annex to technical progress and shall be followed for any modification of the methods of sampling and analysis mentioned in the Annex. This adaptation must not result in any direct or indirect modification of the limit values indicated in Articles 4 and 5.
Article 11
A Committee for the adaptation of this Directive to scientific and technical progress, hereinafter called 'the Committee', consisting of representatives of the Member States and chaired by a representative of the Commission, is hereby set up.
The Committee shall draw up its rules of procedure.
Article 12
1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The Chairman shall not vote.
3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion.
(b) Where the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.
Article 13
1. The Commission shall periodically make a comparative assessment of the application of this Directive by Member States. Member States shall supply the Commission with all information relevant to this end. The confidential nature of any information supplied should be respected.
2. Where necessary, in the light of the evolution of knowledge in the medical field and that of technological progress, the Commission shall submit further proposals aimed at preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment.
Article 14
1. Subject to paragraph 2, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1988. They shall forthwith inform the Commission thereof.
2. Member States shall adopt and publish the provisions necessary to comply with Articles 4 and 5 as soon as possible and in any case not later than 30 June 1991 for plants built or authorized before the date given in paragraph 1.
3. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 15
This Directive is addressd to the Member States.
Done at Brussels, 19 March 1987.