WRITTEN QUESTION E-1185/02

by Erik Meijer (GUE/NGL) to the Commission

(25 April 2002)

Subject: Ending exports of materials containing asbestos from EU Member States to third countries after the introduction of a ban on asbestos use within the EU

1. Does the Commission recall that during the European Parliament's debate in plenary on 10 April 2002 on the subject of exposure to asbestos at work(1) several speakers asked whether after 2005, when a general ban on the use of asbestos will come into

force in the EU in view of the serious public health risk it poses, exports of asbestos, asbestos products and asbestos waste from the EU to third countries would still be possible, and that the Commission replied that unfortunately, for complex reasons, this question had still not been satisfactorily resolved?

2. What is the current volume of the exports in question? Which materials containing asbestos are involved and to which countries do the exports go?

3. Are there Member States which take the view that they would be put at an unfair disadvantage by a ban on exports?

4. What other factors still stand in the way of implementation of a ban on exports of this kind?

5. How can the introduction of an export ban still be achieved?

6. What would be the first date on which an export ban could come into force after all the necessary procedures had been completed?

7. What is the Commission doing towards achieving the introduction of a ban as early as possible?

(1) COM(2001) 417 C5-0347/2001 2001/0165(COD) A5-0091/2002.

Answer given by Mr Liikanen on behalf of the Commission

(19 June 2002)

The Commission took the decision in 1999 (Commission Directive 1999/77/EC(1)) to expand the ban on marketing and use to all varieties of asbestos fibres. This ban also covers products containing these fibres. As a result of the adoption of these restrictive measures, the volume of exports of asbestos has fallen dramatically over the last two years and now stands at a very low level. Between January 2001 and November 2001, the total volume of EU exports of asbestos to third countries stood at 266,2 tonnes(2), as against 8 991 tonnes for 2000. In 2001, asbestos was exported, in descending order by tonnage, to the following third countries: Turkey, India, Cuba, Sri Lanka and Angola.

With regard to the export of waste (Council Regulation (EEC) No 259/93(3)), this has already been banned since 1994 to countries which are not in the European Free Trade Association for all waste containing asbestos intended for final disposal and also, since 1 January 2002, to countries which do not belong to the Organisation for Economic Cooperation and Development (OECD) for all waste containing asbestos intended for recovery.

Council Regulation (EEC) No 2455/92(4) lays down an obligation to notify exports to third countries of all varieties of asbestos, with the exception of chrysotile. Under this Regulation, the international PIC (Prior Informed Consent) procedure is also specifically applied to crocidolite. The PIC procedure was drawn up in the course of work carried out under the aegis of the FAO(5) and the UNEP(6), and was ratified by the PIC convention. Negotiations are being conducted under this convention(7) to also include all categories of asbestos, including chrysotile, in the list of substances subject to the PIC procedure.

The Commission's proposal for a new Council regulation concerning the export and import of dangerous chemicals(8), which will implement the PIC Convention in the Community and replace Council Regulation (EEC) No 2455/92, already covers all types of asbestos (including chrysotile). This proposal has already been submitted to the Parliament and the Council. One of the specific provisions of this new regulation is that the importing country must give its explicit consent for the export to take place.

All of these measures should help ensure that the population and the environment in third countries are effectively protected against the risks arising from international trade in asbestos.

In the meanwhile, and in accordance with the provisions of recital 10 of Commission Directive 1999/77/EC, the Commission has consulted the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) and asked it to conduct an analysis of scientific data since 1999 in order to re-assess the effects on health of chrysotile and its substitutes (cf. the answer given by the Commission to Written Question No E-0200/02 by Messrs Tannock, Arvidsson and Trakatellis(9)).

(1) Commission Directive 1999/77/EC of 26 July 1999 adapting to technical progress for the sixth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos) OJ L 207, 6.8.1999.

(2) Source: Eurostat.

(3) Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community OJ L 30, 6.2.1993.

(4) Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals OJ L 251, 29.8.1992.

(5) Food and Agriculture Organisation of the United Nations.

(6) United Nations Environment Programme.

(7) The PIC Convention was adopted on 10 and 11 September 1998 at the Rotterdam conference, under the aegis of the FAO and the UNEP. On 31 May 2002, 72 countries had signed the PIC Convention (+ EC), and 21 countries had ratified it. The Convention will enter into force once it has been ratified by 50 countries.

(8) COM(2001) 803 final.

(9) OJ C 160 E, 4.7.2002, p. 197.