This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOUNCIL DIRECTIVE
of 19 March 1987
on the prevention and reduction of environmental pollution by asbestos
(87/217/EEC)
(OJ L 85, 28.3.1987, p. 40)
Amended by:
Official Journal
No page date
"M1 Council Directive of 23 December 1991 (91/692/EEC) L 377 48 31.12.1991
Amended by:
"A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.19951987L0217 — EN — 01.01.1995 — 002.001 — 1
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 ftom 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;!B
(1) OJ No C 349, 31. 12. 1985, p. 27.
(2) Opinion delivered on 9. 3. 1987 (not yet published in the official Journal).
(3) OJ No C 207, 18. 8. 1986, p. 21.
(4) OJ No C 46, 17. 2. 1983, p. 1.
(5) OJ No L 263, 24. 9. 1983, p. 33.
(6) OJ No L 262, 27. 9. 1976, p. 201.
(7) OJ No L 269, 11. 10. 1985, p. 56.
(8) OJ No L 263, 24. 9. 1983, p. 25.
(9) OJ No L 188, 16. 7. 1984, p. 20.1987L0217 — EN — 01.01.1995 — 002.001 — 2
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).!B
(1) OJ No L 194, 25. 7. 1975, p. 47.1987L0217 — EN — 01.01.1995 — 002.001 — 3
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 (SIC! asbestos)
per m3of 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 (SIC! economi-
cally) 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 m3of
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 discharged 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 m3of 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.!B1987L0217 — EN — 01.01.1995 — 002.001 — 4
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.!B
(1) OJ No L 84, 31. 3. 1978, p. 43.1987L0217 — EN — 01.01.1995 — 002.001 — 5
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 "A1623votes, 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. At intervals of three years the Member States shall send information
to the Commission on the implementation of this Directive, in the form
of a sectoral report which shall also cover other pertinent Community
Directives. This report shall be drawn up on the basis of a questionnaire
or outline drafted by the Commission in accordance with the procedure
laid down in Article 6 of Directive 91/692/EEC (1). The questionnaire or
outline shall be sent to the Member States six months before the start of
the period covered by the report. The report shall be sent to the
Commission within nine months of the end of the three-year period
covered by it.
The first report shall cover the period from 1994 to 1996 inclusive.The Commission shall publish a Community report on the implemen-
tation of the Directive within nine months of receiving the reports from
the Member States.
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.!B
(1) OJ No L 377, 31. 12. 1991, p. 48.!M1
!B1987L0217 — EN — 01.01.1995 — 002.001 — 6
Article 15
This Directive is addressd to the Member States.!B1987L0217 — EN — 01.01.1995 — 002.001 — 7
ANNEX
METHODS OF SAMPLING AND ANAL YSES
A. DISCHARGE OF AQUEOUS EFFLUENT
The reference method of analysis to determine total suspended matter (filterable
matter from the non precipitated (SIC! non-precipitated) sample) as expressed inmg/l shall be filtering through a 0,45 µm filter membrane, drying at 105 °C and
weighing (
1).
Samples must be taken in such a way as to be representative of the discharge over
a 24-hour period.
This determination must be conducted to a precision of ± 5 % and an accuracy (2)
of ± 10 %.
B. SPECIFICATIONS TO BE MET WHEN SELECTING A METHOD FOR
MEASURING EMISSIONS INTO THE AIR
I. Gravimetric method
1. The method selected shall be a gravimetric method which is capable
of measuring the total quantities of dust emitted through the dischargeducts.
Account shall be taken of the concentration of asbestos in dust. When
concentration measurements are required, the concentration ofasbestos in dust shall be measured or evaluated. The controlling
authority shall decide on the periodicity of such measure, according to
the characteristics of the plant and of its production, but this should beinitially at least every six months. If a Member State has establishedthat the concentration does not display any significant variation, the
frequency of measurement may be reduced. Where periodical
measures are not taken, the limit value specified in Article 4 of theDirective applies to the total dust emissions.
Sampling shall be conducted before any dilution of the flow to be
measured.
2. The sampling must be conducted to a precision of ± 40 % and an
accuracy of ± 20 % at the limit value. The limit of detection must be
20 %. At least two measurements under the same conditions shall be
made in order to check the compliance with the limit value.
3. Operation of the installation
Measurements shall only be valid if sampling takes place while the
installation is operating normally.
4. Selecting the sampling point
Sampling shall take place at a point where there is a laminar flow of
air. As far as possible, care shall be taken to avoid turbulence, andobstacles which might disrupt the flow of air.
5. Modifications required for sampling
Suitable apertures shall be made in ducts where sampling is to take
place and proper platforms shall be provided.
6. Measurements to be taken before sampling
Before sampling commences, it is first necessary to measure air
temperature and pressure and the velocity of flow in the duct. Airtemperature and pressure shall normally be measured along the
sampling line at normal flow rates. Under exceptional conditions, it is
also necessary to measure the water vapour concentration so that theresults can be amended accordingly.
7. General requirements of the sampling procedure!
B
(1) See Annex III to Directive 82/833/EEC(OJ No L 378, 31. 12. 1982, p. 1).
(2) These items are defined in Article 2 of Directive 79/869/EEC (OJ No L 271, 29. 10.
1979, p. 44) as amended by Directive 81/855/EEC (OJ No L 319, 7. 11. 1981, p. 16).1987L0217 — EN — 01.01.1995 — 002.001 — 8
The procedure requires a sample of air from a duct carrying the
emissions of asbestos dust to be drawn through a filter, and the
asbestos content of the dust retained in the filter to be measured.
7.1. The sampling line shall first be checked to ensure that it is airtight and
that there are no leaks which might give rise to measurement errors.
The sampler head shall be carefully sealed off and the sampler pumpstarted up. The rate of leakage shall not exceed 1 % of the normalsampling flow.
7.2. Normally sampling shall be conducted under isokinetic conditions.7.3. Duration of sampling shall depend on the type of process being
monitored and the sampling line used and the sampling period shallbe sufficient to ensure that an adequate quantity of material is
collected for weighing. It shall be representative of the full process
being monitored.
7.4. When the sampler filter is not in the immediate proximity of the
sampler head, it is essential to recover materials deposited in thesampling probe.
7.5. The sampler head and the number of points where samples must be
taken shall be determined in accordance with the national standardadopted.
8. Nature of the sampler filter
8.1. The filter appropriate to the technique of analysis used shall be
chosen. For the gravimetric method, glassfibre filters are preferable.
8.2. A minimum filtration efficiency of 99 % is required, as defined with
reference to the DOP test using an aerosol with particles of 0,3 µm
diameter
9. Weighing
9.1. An appropriate high precision balance shall be used.9.2. In order to achieve the accuracy required for weighing it is essential to
condition filters thoroughly before and after sampling.
10. Expression of results
In addition to measurement data, results shall record temperature,
pressure and flow data and shall include all relevant information, suchas a simple diagram showing the location of sampling points, thedimensions of ducts, the volumes sampled and the method of
calculation used to obtain the results. These results shall be expressed
at normal temperature (273 K) and pressure (101,3 kPa).
II. Countable fibres method
Where fibre counting procedures are used for the purpose of checking
compliance with the limit value in Article 4 of the Directive, subject to theprovisions of Article 6 (3) of the Directive, a conversion factor of twofibres/ml to 0,1 mg/m
3of asbestos dust may be used.
For the purposes of the Directive a fibre is defined as any object of length
greater than 5 µm, breadth less than 3 µm, and having a length/breadth
ratio greater than 3/1, which is countable by phase contrast opticalmicroscopy using the European reference method defined in Annex I of
Directive 83/477/EEC.
A fibre counting method shall meet the following specifications:
1. The method shall be capable of measuring the concentration of
countable fibres in the emitted gases.
The controlling authority shall decide on the periodicity of such
measures, according to the characteristics of the plant and of its
production, but this should be at least every six months. Where
periodical measures are not taken, the limit value specified in Article4 applies to the total dust emission.
Sampling shall be conducted before any dilution of the flow to be
measured.
2. Operation of the installation
Measurement shall only be valid if sampling takes place while the
installation is operating normally.!
B1987L0217 — EN — 01.01.1995 — 002.001 — 9
3. Selecting the sampling point
Sampling shall take place at a point where there is a laminar flow of
air. As far as possible, care shall be taken to avoid turbulence andobstacles which might disrupt the flow of air.
4. Modifications required for sampling
Suitable apertures shall be made in ducts where sampling is to take
place, and proper platforms shall be provided.
5. Measurements to be taken before sampling
Before sampling commences, it is first necessary to measure air
temperature and pressure, and the velocity of flow in the duct. Airtemperature and pressure shall normally be measured along thesampling line at normal flow rates. Under exceptional conditions, it is
also necessary to measure the water vapour concentration so that the
results can be amended accordingly.
6. General requirements of the sampling procedure
The procedure requires a sample of air from a duct carrying the
emissions of asbestos dust to be drawn through a filter, and the
countable asbestos fibres in the dust retained on the filter to bemeasured.
6.1. The sampling line shall first be checked to ensure that it is airtight,
and that there are no leaks which might give rise to measurementerrors. The sampling head shall be carefully sealed off and the
sampling pump started up. The rate of leakage shall not exceed 1 % of
the normal sampling flow.
6.2. Sampling of the emitted gases shall be conducted inside the emission
duct under isokinetic conditions.
6.3. Duration of sampling shall depend on the type of process being
monitored and the size of the sampling nozzle used. The samplingperiod shall be sufficient to ensure that the sample collection filtercarries between 100-600 countable asbestos fibres/mm
2. It shall be
representative of the full process being monitored.
6.4. The sampling head and the number of points where samples must be
taken shall be determined in accordance with the national standard
adopted.
7. Nature of the sampling collection filter
7.1. The filter appropriate to the technique of measurement shall be
chosen. For the countable fibre method, membrane filters (mixed
esters of cellulose or cellulose nitrate) of nominal pore size 5 µm, with
printed squares and a diameter of 25 mm shall be used.
7.2. The sample collection f ilter shall have a minimum filtration
efficiency of 99 % with respect to countable asbestos fibres.
8. Counting of fibres
The fibre counting method shall conform to the European reference
method, as set out in Annex I of Directive 83/477/EEC.
9. Expression of results
In addition to measurement data, results shall record temperature,
pressure and flow data and shall include all relevant information, such
as a simple diagram showing the location of sampling points, thedimensions of ducts, the volumes sampled and the market ofcalculation used to obtain the results. These results shall be expressed
at normal temperature (273 K) and pressure (101,3 kPa).!
B1987L0217 — EN — 01.01.1995 — 002.001 — 10