EN Official Journal of the European Union C 97/15

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (Codified version)

COM(2006) 664 final — 2006/0222 (COD)

(2007/C 97/07)

On 12 December 2006, the Council decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 22 January 2007. The rapporteur was Mr Verboven.

At its 433rd plenary session, held on 15 and 16 February 2007 (meeting of 15 February), the European Economic and Social Committee adopted the following opinion by 192 votes to three, with six abstentions.

1. Conclusions and recommendations

1.1 The Committee endorses the proposal and hopes that it will be adopted swiftly by the Parliament and the Council.

1.2 Moreover, the Committee reiterates its wish that the Member States ratify ILO Convention 162 on Safety in the use of asbestos.

2. Explanatory statement

2.1 Summary of the Commission proposal

2.1.1 The purpose of this proposal is to undertake a codification of Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC). The new Directive will supersede the various acts incorporated in it (1); according to the Commission, this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

2.2 General comments

2.2.1 Exposure to asbestos remains a major risk factor for various occupational categories, particularly in the construction sector. It is generally considered that many tens of millions of tons of asbestos were used in Europe during the 20th century. Despite the EU's asbestos ban in 1999, exposure to asbestos will continue for decades, mainly due to the number of buildings containing the substance. Moreover, waste management and the scrapping of a wide variety of equipment containing asbestos can also pose risks of exposure.

2.2.2 The Committee has, on several occasions, examined the issues raised by the protection of workers exposed to asbestos. One example worth citing is the own-initiative opinion adopted on 4 March 1999 (2).

2.2.3 The first directive designed to protect workers from the risks of asbestos exposure dates back to 1983. It was amended on a number of occasions in order to extend its scope, strengthen prevention measures and reduce the limit values for exposure. These different amendments could cause problems for those affected by the legislation.

2.2.4 A codification must not make any substantial change to the content. Having examined the proposal, which combines the various provisions in force in a logical manner and makes them clearer, the Committee believes that the text in question fully upholds this basic principle and has no issue to raise.

2.2.5 The Committee hopes that the Commission will not delay in consulting the social partners and the advisory committee on safety, hygiene and health protection at work.

2.2.6 The Committee therefore endorses the proposal and hopes that it will be adopted swiftly by the Parliament and the Council.

2.3 Specific comments

2.3.1 The Committee recalls its opinion of 4 March 1999 and, in particular, reiterates its wish that the Member States ratify ILO Convention 162 on Safety in the use of asbestos. To date, only ten of the 27 Member States have ratified it. Ratification by all EU Member States would contribute to the reputation of the ILO Convention as a major instrument for worldwide protection of workers' safety and health.

Brussels, 15 February 2007. The President of the European Economic and Social Committee Dimitris DIMITRIADIS

(1) Council Directive 83/477/EEC, Council Directive 91/382/EEC, Council Directive 98/24/EC (Article 13 only) and Directive 2003/18/EC of the European Parliament and of the Council.

(2) OJ C 138, 18.5.1999, p. 24.