COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 184 final - SYN 256 
Brussels, 30 May 1990 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 83/477/EEC on the 
protection of workers from the risks related 
to exposure to asbestos at work 
(presented by the Commission) 
A. 
EXPLANATORY MEMORANDUM 
Asbestos, the danger of which has been recognized in many scientific 
studies and research projects, has been a major concern of the 
Commission for a long time. 
A system of protection at Community level was thus set up by the 
adoption of two Council Directives, one on the protection of workers 
from asbestos^1) and the other relating to restrictions on the 
marketing and use of this agent(2>. The Council adopted two other 
Directives for the protection of the environment, one for limiting the 
pollution of the aquatic environment^3*, and the other on the 
prevention and reduction of environmental pollution by asbestos^4*. 
Asbestos is being monitored more and more effectively at the workplace» 
the results of which would tend to indicate that exposure to asbestos 
fibres can be reduced still further. 
Moreover, studies are being carried out on the possibilities of using 
replacement fibres and their harmfulness. The properties of these 
fibres are sometimes no match - at least not yet - for those of 
asbestos fibres in certain industrial applications, and the data on 
their effects on the health of the general public and workers are not 
yet conclusive. 
The Commission is following closely the production and use of asbestos 
and the prospects for change, taking particular account of the 
situation in third countries. 
In spite of all these efforts, there are more than 1 500 deaths every 
year in the Community as a result of occupational exposure to asbestos. 
This figure mirrors the effects of occupational exposure - in some 
cases very high - received prior to the adoption of the original 
legislation on the protection of workers. The most recent 
epidemiological data would tend to indicate that a substantial 
reduction in the limit values for occupational exposure to asbestos can 
reduce still further the risks that such diseases will occur. 
This has been the Commission's strategy in its revision of the 
provisions of Directive 83/477/EEC, notably the provisions of Articles 
3 (3) and 8. 
(1) 0J No L263, Of 24.9.83, p. 25 
(2) 0J No L263 of 24.9.83, p. 33 and 0J No L375 of 31.12.85, p. 1 
(3) OJ No L129 Of 18.5.76, p. 23 
(4) OJ NO L85 of 28.3.87, p. 40 
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1. General observations on the proposal for a Directive 
The Council Directive of 19 September 1983 (1) on the protection of workers from the 
risks related to exposure to asbestos at work provides in Article 9 that the Council, 
acting on a proposal from the Commission, shall review the provisions laid down in 
Article 3(3) and Article 8 before 1 January 1990, to take account, in particular, of 
progress made in scientific knowledge and technology and in the light of experience 
gained in the application of the said Directive. In order to fulfil these provisions, the 
Commission proposes the present text to the Council. 
The deadline set for the implementation of Directive 83/477/EEC into national 
legislation in the various Member States were 1 January 1987, at the latest, and 1 
January 1990, at the latest, in the case of asbestos-mining activities. As the latter 
deadline was the same as the deadline for adapting this Directive to progress in 
technology, the Commission has not contemplated reworking other provisions than 
those for which it had received a brief from the Council. 
(1) OJ No L 263, 24.9.83, p. 2. 
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2. Observations concerning certain specific aspects of the proposal for a Directive 
a) Limit values for exposure at the place of work and the level of action (Article 1. 
points 1 and 4) 
The most recent scientific and technical data show that the type of fibre appears 
to influence the prevalence of certain types of cancers. For example, fibres which 
belong to the amphibole category (crocidolite and amosite, in particular, but also 
tremolite) have a far greater association with mesotheliomas than fibres of the 
serpentine group, to which chrysotile belongs. 
In addition, it appears that all types of asbestos fibres are not used to the same 
degree at work. Chrysotile alone accounts for 97% of world production of 
asbestos fibre, whereas crocidolite accounts for only 2%, and amosite 1%. 
Actinolite, tremolite and anthophyllite together represent less than 1% of world 
production. 
In order to take account of these different parameters and to ensure greater 
protection of workers, it is appropriate to make a distinction between chrysotile, 
on the one hand, and crocidolite and amosite, on the other, for the purpose of 
laying down limit values for exposure at the place of work (Article 8) and the 
action levels (Article 3 (3)) in this proposal for a Directive. 
The action level for crocidolite and the limit values for exposure at work for 
crocidolite, amosite, asbestos and chrysotile put forward in this proposal are 
therefore lower than those set out in Directive 83/411/EEC. 
The reference method for measuring the concentration of asbestos in the air at 
the place of work, which is described in Annex 1 of Directive 83/477/EEC and 
which uses optical microscopy, has been retained in this proposal because it is 
simplest method to use, the most widespread at work and the least costly; the 
Commission did not consider it advisable to propose a modification to the 
reference method. 
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b) Specific proposals for buildings (Article 1 (2) 
The current proposal supplements the provisions of Directive 83/477/EEC with a 
ban on the use of detachable or friable asbestos in building construction, in order 
to prevent asbestos from being released into the atmosphere when a structure 
becomes older, and to safeguard the exposed population. 
c) Provisions for the adaptation to progress in technology of the method for 
measuring asbestos fibres (Article 1 (3)) 
The procedure for the adaptation to progress in technology, which was advocated 
in Directive 83/477/EEC and which provided for action to be taken by the 
Council, on the basis of a proposal from the Commission, has been simplified so 
that action is taken by the Committee for Adaptation to Technical Progress, 
which was established by Article 9 of Directive 80/1107/EEC. This makes it 
possible for the measurement method to be adapted quickly in order to provide 
optimum protection of workers at the earliest possible opportunity. 
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Proposal for a Council Directive amending 
Directive 83/477/EEC on the protection of 
workers from the risks related to exposure to 
asbestos at work 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
having regard to the Treaty establishing the European Economic Community, and in 
particular Article 118A thereof, 
having regard to the proposal from the Commission drawn up following consultation 
with the Advisory Committee on Safety, Hygiene and Health Protection at Work (1) 
in cooperation with the European Parliament (2), 
having regard to the opinion of the Economic and Social Committee (3), 
Whereas the Council Resolution of 21 December 1987 on safety, hygiene and 
health at work (4) stresses the importance of improving the safety and health of 
workers at work; 
(1) OJ No ... 
(2) OJ No ... 
(3) OJ NO ... 
(4) OJ No C 28, 3.2.1988, p. 1 
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Whereas Article 9 of Directive 83/477/EEC (5) provides that the Council, 
acting on a proposal from the Commission, must review the provisions laid 
down in Article 3 (3) and in Article 8 of the Directive before 1 January 1990, 
taking into account, in particular, progress made in scientific knowledge and 
technology and in the light of experience gained in applying the Directive; 
Whereas the increase in knowledge in this field, shows that it is desirable to 
reduce the exposure limit values for asbestos as well as to adjust certain other 
measures; 
Whereas asbestos is a harmful agent found in various forms in a large number 
of circumstances at work; whereas chrysotile is the most widely-used fibre, and 
crocidolite and amosite are much less widely used; whereas tremoiite exists 
only as a contaminant and whereas actinolite and anthophyllite are rarely found 
in the working environment. 
Whereas the prohibition of the spraying process alone is not sufficient to 
prevent asbestos particles in atmosphere and therefore the use of detachable or 
friable asbestos in building construction must also be prohibited. 
Whereas a decision cannot yet be taken establishing a single method for 
measurement of asbestos in air concentrations at Community level. 
Whereas Council Decision 74/325/EEC (6) as last amended by the Act of 
Accession of Spain and Portugal, provides that the Advisory Committee 
on Safety, Hygiene and Health Protection at Work is to be consulted 
by the Commission for the purpose of drafting proposals in this field; 
(6) OJ No L 185,. 9.7.1974, p. 15. 
(5) OJ No L 263, 24.9.1983, p. 25 
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HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 83/477/EEC is hereby amended as follows: 
1. Article 3 ( 3 ) i s replaced by the following: 
'3. if the assessment referred to in paragraph 2 shows that the concentration 
of asbestos fibres in the air at the place of work in the absence of any 
personal protective equipment is, at the option of the Member States, at a 
level as measured or calculated: 
a) FOR CHRYSOTILE IN THE ABSENCE OF OTHER FORMS OF ASBESTOS: 
lower than 0.25 fibres per cm3 in relation to an eight-hour reference period 
and/or 
lower than a cumulative dose of 15.00 fibre-days per cm3 over 3 months, 
b) FQH ALL OTHER FORMS OF ASBESTOS EITHER ALQNE QR IN 
MIXTURES. INCLUDING MIXTURES CONTAINING CHRYSOTILE 
lower than 0.10 fibres per cm3 in relation to an eight-hour reference period 
and/or 
lower than a cumulative dose of 6.00 fibre-days per cm3 over 3 months, 
Articles 4, 7,13,14 (2), 15 and 16 shall not apply." 
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2.Article 5 is replaced by the following: 
"Article 5 
The application of asbestos by means of the spraying process shall be 
prohibited, together with the use of detachable or friable asbestos in 
building construction." 
3. In Article 7 (1) the third subparagraph is replaced by the following: 
•The Council, acting on a proposal from the Commission, and taking 
account in particular of progress made in scientific knowledge and 
technology and of experience gained in the application of this Directive, 
shall re-examine the provisions of the first sentence of paragraph 1 before 
31 December 1995, with a view to establishing a single method for 
measurement of asbestos-in-air concentrations at Community level." 
4. Article 8 is replaced by the following: 
"Article 8 
The following limit values shall be applied: 
a) concentration of chrysotile fibres in the air at the place of work: 
0.80 fibres per cm3 measured or calculated in relation to an eight-hour 
reference period; 
b) concentration of crocidolite, amosite or any form of asbestos other than 
chrysotile, either alone or in combination in the air at the place of work: 
0.30 fibres per cm3 measured or calculated in relation to an eight-hour 
reference period; 
c) concentrations of chrysotile fibres in combination with other forms of 
asbestos fibre in the air at the place of work: 
A proportional figure calculated from the limit values in a) and b) taking 
account of the proportions of chrysotile and other fibres in the mixture." 
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5. Arti c Le 9 is replaced by the following: 
"Article 9 
The amendments required to adapt the annexes of this Directive to take 
account of technical progress shall be made in accordance with the 
procedure described in Articles 9 and 10 of Directive 80/1107/EEC". 
Article 2 
1. Member States shall adopt the laws, regulations and administrative provisions 
necessary to comply with this Directive by 31 December 1992 and shall 
forthwith inform the Commission thereof. This date is, however, postponed 
until 31 December 1995 in the case of asbestos-mining activities. 
The provisions adopted pursuant to the first subparagraph shall 
make express reference to this Directive. 
2. Member States shall communicate to the Commission the provisions of 
national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive is addressed to the «ember States. 
Done at For the Council 
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IMPACT note: Impact on competitiveness and employment 
of the proposal for a Council Directive amending Directive 
83/477/EEC on the protection of workers from the risks 
related to exposure to asbestos at work 
I. Main justification for the measure: 
The Council Directive of 19 September 1983 (1) on the protection of workers 
from the risks related to exposure to asbestos at work makes provision in Article 
9 for the Council, acting on a proposal from the Commission, to review the 
provisions laid down in Article 3 (3) and in Article 8 before 1 January 1990. This 
is to take into account, in particular, progress made in scientific knowledge and 
technology and experience gained in applying this Directive. 
The review is therefore concerned with the action level (Article 3 (3)) and limit 
values for exposure to asbestos at the place of work (Article 8). In response to 
these provisions, the Commission is presenting this proposal for a Directive to 
the Council. 
The impact on competitiveness and employment of this proposal is limited. 
II. Obligations imposed directly on undertakings 
A lowering of the limit values for exposure to asbestos at the place of work, 
together with a parallel revision of the action level, that is the concentration of 
asbestos above which certain provisions of the Directive enter into force, 
necessarily imposes some constraints on the undertakings concerned: additional 
technical protection measures, provision of personal protective equipment, etc. 
To offset this it must be borne in mind that, since the adoption of Directive 
83/477/EEC, undertakings have had ample time to install the technical 
infrastructure to allow them to tackle the risk of limiting the concentration of 
asbestos fibres at the workplace. 
(1) 0J No L 263, 24.9.1983, p. 25. 
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As this infrastructure has been in place since 1 January 1987, when the Directive 
entered into force and was assimilated into national law a lowering of limit 
values and of the additional action level would present undertakings with fewer 
financial and administrative constraints than the initial entry into force of 
Directive 83/477/EEC. 
It must be noted that, in this proposal, a distinction is made between fixing the 
action level and exposure limit values for chrysotile on the one hand and for 
crocidolite and amosite on the other. As the optical microscope method set out 
in Directive 83/477/EEC still applies to this proposal, there is no apparent 
additional constraint imposed on undertaking by reason of this new distinction. 
As for prohibiting the use of detachable or friable asbestos in building 
construction, as put forward in the proposed Directive, this only confirms the 
state of affairs which already exists in most Member States. Since the asbestos 
cement used in building construction and public works is excluded from the 
concept of "detachable or friable asbestos", the economic constraint on 
undertakings is virtually non-existent. Furthermore, it should be stressed that the 
technical adaptation of Directive 83/477/EEC is done on the basis of minimum 
requirements (Article 118A), leaving the Member States free to introduce more 
stringent measures of they wish. If some Member States were to do so, it would 
be difficult to claim that this proposal directly imposes constraints on 
undertakings. 
III. Characteristics of the undertakings concerned 
Asbestos use has dropped considerably in Member States. This has changed the 
type of undertaking now called upon to work with asbestos so that the majority of 
small and medium-sized undertakings affected by this proposal are building and 
public works contractors, involved particularly in the demolition of structures 
containing asbestos. The asbestos mining industries in Italy and Greece, and the 
processing industries using asbestos (brakes, high-temperature furnaces, 
cladding, special seals, etc), generally involve bigger undertakings. 
A difficulty lies in the fact that monitoring and controlling levels of asbestos dust 
in small and medium-sized undertakings in the construction and public works 
industries is not always easy; sites are temporary, mobile and generally involve 
small numbers of workers (fewer than 10). This difficulty becomes more 
significant as exposure limit values are lowered and more people resort to 
personal protective equipment as the only certain way of ensuring that limit 
values are complied with under variable work conditions. 
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IV. Obligations which may be imposed indirectly on undertakings through local 
authorities 
Some Member States specify a nationally-recognized laboratory to undertakings 
to carry out measurements of asbestos fibres at the workplace. Compared with 
Directive 83/477/EEC, this proposal contains no supplementary measures which 
can be directly imposed on undertakings via local authorities. 
V. Special measures for the SMEs 
No specific exemption or incentive for the SMEs is contained in this proposal. 
However, it must be borne in mind that working with asbestos imposes very 
severe constraints for the safety of the public and of workers. In order to ensure 
the same level of protection for workers in all sizes of industry it would therefore 
not be in order to allow the SMEs any flexibility. 
VI. Effects on the competitiveness of undertakings 
1. Advantages for undertakings 
The legislation of some Member States already contains lower limit 
values for occupational exposure to asbestos than the ones set out in this 
proposal. Denmark and the Federal Republic of Germany are in the 
process of prohibiting the use of asbestos at the workplace. By 
harmonizing the limit values for exposure to asbestos in a binding 
manner, those undertakings which have invested accordingly will have 
no cost handicap in relation to other European undertakings. 
It is also expected that reduction of limit values will result in less lost 
time from ill health if exposure to dust is reduced due to improved 
working condition. 
2. Disadvantages for undertakings 
The lowering of the action levels and exposure limit values, as set out in this 
proposal could result in additional costs arising from the technical monitoring of 
workplaces additional adaptation of them and possibly from the purchase of 
additional personal protective*equipment. 
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VII Consultation with the two sides of industry 
At its plenary meeting on 28 and 29 November 1989, the Advisory Committee on 
Safety, Hygiene and Health Protection at Work asked the Commission to take its 
opinion on the proposed Directive into account. 
All the social partners agreed to lowering the limit values for workplace 
exposure to asbestos. The workers' group expressed the wish to go even further 
by banning the use of asbestos at Community level. 
ISSN 0254-1475 
COM(90) 184 final 
DOCUMENTS 
EN 05 
Catalogue number : CB-CO-90-195-EN-C 
ISBN 92-77-60025-X 
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