COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 28.04.1997 
COM(97) 191 final 
95/0229 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
amending for the first time Directive 90/394/EEC on the protection of workers 
from the risks related to exposure to carcinogens at work (Sixth individual 
Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
The initial proposal for this amendment to the Directive was presented by the Commission to 
the Council on 14 September 19951. 
The main aims are the removal of the existing exclusion in Directive 90/394/EEC of a whole 
series of preparations containing carcinogens and the laying down of a limit value for 
occupational exposure to benzene, a well-known carcinogen.. 
The European Parliament at its second reading proposed 11 amendments to the common 
position adopted by the Council on 2 December 19962 
The Commission agreed on one amendment, which intends to advance the date by which 
Member States shall bring into force the provisions necessary to comply with this Directive. 
This re-examined proposal contains the above amendment and is presented by the Commission 
under the terms of Article 189 C(d) of the Treaty. 
1 OJ 317, 28.11-95, p. 16 
2 OJC6, 9.1.97, p. 15 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
amending for the first time Directive 90/394/EEC on the protection of workers 
from the risks related to exposure to carcinogens at work (Sixth individual 
Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) 
PREVIOUS TEXT AMENDED TEXT 
Citations, recitals and Article 1 unchanged 
Article 2.1 
Member States shall bring into 
force the laws, regulations and 
administrative provisions 
necessary to comply with this 
Directive not later than ... (*) 
shall forthwith inform the 
Commission thereof. 
When Member States adopt these 
provisions, they shall contain a 
reference to this Directive on shall 
be accompanied by such reference 
on the occasion of their official 
publication. The methods of 
making such reference shall be 
laid down by the Member States. 1. Member States shall bring into 
force the îaws, regulations and 
administrative provisions 
necessary to comply with this 
Directive not later than 31 
December 1998. They shall 
forthwith inform the Commission 
thereof 
When Member States adopt these 
provisions, they shall contain a 
reference to this Directive on shali 
be accompanied by such reference 
on the occasion of their official 
publication. The methods of 
making such reference shall be 
iaid down by the Member States. 
(*) Three years after adoption of this 
Directive 
Article 2.2 and Article 3 unchanged 
The Commission is unable to accept the following amendments proposed by the 
European Parliament: 
1. Amendment No 1 (concerning recital No 2 a(new)) 
The Council has already rejected this recital because it refers to a Commission's 
communication on which the Council was not consulted. 
2. Amendment No 2 (concerning recital No 8 a(new)) 
The simplification of the current procedure (Article 118 A) is unlikely to be accepted 
by the Council, given the political implications in the setting of limit values for 
carcinogens which can never give complete protection. 
Additionally, this amendment gives rise to no legal follow-up in the text. 
Amendment No 3 (concerning recital No 8 b(new)) 
As for N° 2, this amendment gives rise to no legal follow-up in the text. However the 
Commission accepts the idea to keep up to date the priority list, bearing in mind that 
data are not available for aU carcinogens. 
Amendment No 4 (concerning recital No 9 a(new)) 
The Council already rejected this proposal. Given the complexity of determing and 
monitoring such limit values in practice, and taking into account of the binding nature 
of these values, it was felt more appropriate to await the presentation by the 
Commission of figure for specific substances. 
Amendment No 5 (concerning recital No 9 b(new)) 
In this case also there is no legal follow up in the text. However (see amendment 3) 
these compounds can be included in the list as a matter of priority. 
Amendment No 6 (concerning recital No 10 a(new)) 
The Council already rejected this recital which refers to a Directive only dealing with 
environmental protection. 
Amendment No 7 (concerning Article 1.2 b) 
This definition is not necessary, because it would contrast with an already 
internationally accepted terminology. 
8. Amendment No 8 (concerning Article 1.2 c (new)) 
(see amendment 4) 
9. Amendment No 9 (concerning Article 1.6 table A) 
Transitional measures are needed in order to allow sectors of activities to comply with 
the Directive. 
For the most part the Member States apply currently limit values much higher than 3 
ppm and it is not unreasonable to give a delay for adaptation by industry to this new 
strict limit. 
10. Amendment No 10 (concerning Article 1.6 after table B (new)) 
No Community methods exist at this moment. Member States apply suitable methods. 
The Commission is to investigate the possibility of a single method of analysis at 
Community level, but this cannot be presented at this moment. 
4 

ISSN 0254-1475 
COM(97) 191 final 
DOCUMENTS 
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