COMMISSION OF THE EUROPEAN COMMUNITIES 
§*-•*•• C0M(90) 221 final - SYN 110 
Brussels,22 May 1990 
|1. Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the protection of workers 
from risks related to exposure to carcinogens at work 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the protection of workers 
from risks related to exposure to carcinogens at work 
PREVIOUS TEXT AMENDED TEXT 
Citations and recitals 1-10 unchanged 
Recital 10a (new) 
Whereas nevertheless, in order to 
contribute to a reduction in these risks 
limit values should be established for 
all those carcinogens for which the 
available information. including 
scientific and technical data, make this 
possible. 
Other recitals unchanged 
Article 1(1), second paragraph 
To be amended as follows: 
It lays down particular minimum 
provisions in this area. It lays down limit values and other 
minimum requirements in this area 
Article 1 (2 and 3) unchanged 
Article 1(4) new 
4. This Directive shall not affect 
more stringent and/or specific 
provisions in the existing Directives 
concerned with the protection of 
workers from the risk related to 
exposure to carcinogens. 
Article 2 and 3 unchanged 
Article 3a (new) 
1- The contents of Annex III shall be 
established in accordance with the 
procedure laid down in Article 16 
paragraph 1 for all those carcinogens 
for which the available information^ 
including scientific and technical data. 
make this possible. 
2. The limit values set down in Annex 
III shall be observed by employers 
without prejudice to the provisions of 
Article 5. 
3. In the case of any activity likely to 
involve a risk of exposure to 
carcinogens, for which limit values have 
been fixed the employer shall carry out 
measurements at regular intervals to 
ascertain compliance with the limit 
values. He shall keep records of the 
results of those measurements and 
make them available, on request, to the 
competent authority. Workers and 
their representatives shall be informed 
of the results of such measurements. 
Article 3 to 15 unchanged 
Article 16 
To be amended as follows 
1. Subject to paragraph 2 Annex I and 
1. Annex I may be amended in III may be amended in accordance only 
accordance only with the procedure laid with the procedure laid down in Article 
down in Aticle 118 A of the Treaty. 118A of the Treaty. 
2. Purely technical adjustment to Annex 
II in the light of technical progress, 
changes in international regulations or 
specifications and new findings in the 
field of carcinogens shall be adopted in 
accordance with the procedure laid 
down in Article 17 of Directive 
89/391/EEC. 2. Purely technical adjustments to the 
Annexes in the light of technical 
progress, changes in international 
regulations or specifications and new 
findings in the field of carcinogens shall 
be adopted in accordance with the 
Êrocedure laid down in Article 17 of 
directive 89/391/EEC. 
Article 17 to 19 unchanged 
Annex I 
To be amended as follows 
1 to 4 unchanged 
- 5 (new) Work involving exposure to 
certain wood dust, in particular oak 
and beech, 
- 6 (new) Work involving exposure to 
leather dust. 
- 7 (new) Work involving exposure to 
certain nitrosamines. for example in 
the rubber industry. 
Annex II unchanged 
Annex III (new) 
List of exposure limit values (to which 
reference is made in Article 3a (new)) 
The Commission is unable to accept the following amendments proposed by the 
European Parliament: (1) 
1. Amendments No 1 and 39 (concerning recital No 2 a (new) and Article 14 b 
(new)) 
The Commission considers these to be unnecessary given that the legal basis is 
Article 118A, which stipulates that constraints shall not be imposed on small and 
medium-sized undertakings. 
2. Amendments No 2 and 10 (concerning recitals 6 and Article 1.1) 
The Commission considers that Directive 89/391/EEC is sufficient reference for 
this Directive. 
3. Amendment No 3 (concerning recital 6a (new)) 
The Commission considers that this recital is not followed up in the main body of 
the Directive. 
4. Amendments No. 4 (2nd to 5th paragraphs) and 13 (2nd and 3rd paragraphs) 
(concerning recital 10a (new) and Article 2a (new)) 
While the second and third paragraphs of Amendment No. 4 and the second 
paragraph of Amendment No. 8 are not followed up in the main body of the 
Directive, the other paragraph relate to provisions already covered in another 
form. 
5. Amendments No. 5 and 17 (concerning recital 10 b (new) and Article 3, 4a 
(new)) 
The Commission considers that the protection of pregnant women, nursing 
mothers and young persons is covered m the Common Position (Article 3.4 and 
statement in minutes) 
6. Amendments No. 6-7-25-29-31 (concerning recital 10 (new), and Articles 3.4 
- 8.1 - 12a -13) 
The Commission considers that workers' rights and employers' obligations are 
covered by Directive 89/391/EEC, from which this proposal derives 
1) The numbering of the amendments corresponds to that in Doc. PE 139/129 
r.C-
7. Amendments No. 13 et 48(B) (concerning Article 2.4) 
The Commission opposes the introduction of a specific action levels; at any 
moment, all preventive measures must be applied 
8. Amendments No. 15,20,38 (concerning Articles 3.2 - 4.2 -14.8) 
The Commission considers that these amendments do not substantially modify 
the content of the Common Position. 
9. Amendment No. 18 (concerning Article 4.1a) 
The Commission considers that employers are already obliged to replace agents 
whenever technically possible.. ' 
10. Amendments No. 19 and 24 (concerning Article 4.2 and 7.1) 
The Commission agrees with the Council that additional administrative 
constraints on small and medium-sized undertakings must be avoided as far as 
possible. 
11. Amendment No. 26 (concerning Article 9) 
The Commission is conscious of the fact that the competent authorities of the 
Member States already have access to workplaces. 
12. Amendment No. 27 (concerning Article 10b) 
The Commission does not consider these proposals to be realistic. 
13. Amendments No. 33-34-50-51 (concerning Article 14 and Annex II) 
The Commission considers that medical surveillance is applied differently in 
different Member States, but that the text of the Common Position already 
contains all the elements necessary to ensure that these measures are applied to 
workers at risk. 
14. Amendment No. 41 (concerning Article 16a (new)) 
The Commission does not consider it necessary to publish once again in the 
Official Journal the list of R45 agents ("may cause cancer"). 
15. Amendment No. 48 (concerning Annex III (new)) 
The Commission considers it necessary to give further consideration to the limit 
value for Benzene and will bring forward a Directive as soon as possible. 
-a 
ISSN 0254-1475 
COM(90) 221 final 
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