Proposal for a Council Directive amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (98/C 123/12) (Text with EEA relevance) COM(1998) 170 final - 98/0093(SYN)

(Submitted by the Commission on 18 March 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,

Having regard to Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (1), as amended for the first time by Directive 97/42/EC (2),

Having regard to the proposal from the Commission, drawn up following consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189c of the Treaty,

Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health of workers;

Whereas, under the terms of that Article, such directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings,

Whereas germ cell mutagens are substances which can cause a permanent change in the amount or structure of the genetic material of a germ cell, which may in turn lead to a change in the phenotypic characteristics of that cell, and which may be transmitted to future generations of offspring.

Whereas because of their interaction with DNA germ cell mutagens are likely to have carcinogenic effects;

Whereas vinyl chloride monomer is classified as a category 1 carcinogen under Council Directive 67/548/EEC;

Whereas, for the sake of consistency and clarity, the essential provisions of Council Directive 78/610/EEC on the approximation of the laws, regulations and administrative provisions of the Member States on the protection of health and safety of workers exposed to vinyl chloride monomer should be included in this Directive, without reducing the level of protection of the health and safety of workers.

Whereas Council Directive 78/610/EEC can be repealed after the entry into force of this Directive;

Whereas the carcinogenicity of oak and beech dusts has been confirmed in epidemiological studies on workers exposed; whereas, a large number of workers are exposed to a potential health risk;

Whereas Article 16 of Directive 90/394/EEC makes provision for the establishment of exposure limit values in respect of all carcinogens for which this is possible, on the basis of the available information, including scientific and technical data;

Whereas it is appropriate to fix such limit values for wood dust; whereas the current limit values for vinyl chloride monomer should be reduced to reflect best minimum standards for technological practices which reflect feasibility factors while maintaining the aim of ensuring the health of workers at work;

Whereas the respect of the minimum requirements on the protection of health and safety of workers from the specific risks related to carcinogens aims not only to ensure the protection of the health and safety of each individual worker but also to provide a level of minimum protection of all workers in the Community;

Whereas a consistent level of protection from the risks related to carcinogens has to be established for the Community as a whole and whereas that level of protection has to be set by a framework of general principles to enable Member States to apply the minimum requirements consistently.

Whereas this amendment constitutes a practical aspect of the realisation of the social dimension of the internal market;

Whereas, pursuant to Decision 74/325/EEC (3), the Advisory Committee on Safety, Hygiene and Health Protection at Work is to be consulted by the Commission with a view to drawing up proposals in this field,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 90/394/EEC, as amended for the first time by Directive 97/42/EC, is hereby amended as follows:

1. Article 1.4 shall be replaced by the following:

'As regards asbestos, which is dealt with by a specific Directive, the provisions of this Directive shall apply when they are more favourable to safety and health at work.`

2. Items 5 to 7 shall be added to Annex I

'5. Work involving exposure to wood dusts from the following species: beech and oak.

6. A substance which meets the criteria for classification as a category 1 or 2 mutagen set out in Annex VI to Directive 67/548/EEC;

7. A preparation composed of one or more substances referred to in point 6 where the concentration of one or more of the individual substances meets the requirements for concentration limits for the classification of a preparation as a category 1 or 2 mutagen set out either:

- in Annex I to Directive 67/548/EEC, or

- in Annex I to Directive 88/379/EEC where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in it without concentration limits,`

3. In part A of Annex III the following agent shall be added:

>TABLE>

Article 2

Directive 78/610/EEC on the approximation of the laws, regulations and administrative provisions on the protection of health of workers exposed to vinyl chloride monomer shall be repealed with effect from . . ..

Article 3

On the basis of the latest available scientific data, the Commission may within five years of the date of this Directive present a proposal to the Council for the adoption of revised limit values for vinyl chloride monomer and wood (oak and beech) dust in accordance with Article 118A of the Treaty.

Article 4

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive not later than . . . They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 5

This Directive is addressed to the Member States.

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

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

(3) OJ L 185, 9.7.1974, p. 15. Decision as last amended as a result of the 1994 Act of Accession.