WRITTEN QUESTION E-3887/02

by Theodorus Bouwman (Verts/ALE), Bartho Pronk (PPE-DE)and Stephen Hughes (PSE) to the Commission

(13 January 2003)

Subject: Protection against exposure to asbestos

1. Given that the amended Directive 83/477/EEC, when adopted by the Council, will bring about substantial improvements in the protection of workers against asbestos-related risks, but that it falls short in protecting the wider environment and preventing exposure to asbestos outside the immediate workplace, is the Commission prepared to consider what initiatives could be taken at European level to minimise exposure to asbestos affecting those living and working around sites and buildings containing asbestos and the environment as a whole?

2. Is the Commission prepared to take appropriate steps in order to establish whether national registers of sites and buildings containing asbestos would be a useful instrument (a) in determining the extent of the problem of potential asbestos contamination, and (b) in connection with precautionary measures to be taken in the event of disasters?

3. Has the Commission taken note of the fact that there are strong indications that asbestos-polluted waste originating from the Netherlands has been illegally dumped in Belgium? If so, what measures can the Commission take to end this practice?

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2003)

1. The proposal for a Directive(1) amending Council Directive of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work(2) contains provisions to prevent the spread of asbestos dust at the workplace. Obviously, such measures also help prevent asbestos being released into the environment, thus boosting the protection of people working and living in the vicinity.

The Commission considers that the text of the abovementioned proposal is balanced and efficient in protecting workers at source in stipulating: Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises, all necessary steps to identify presumed asbestos-containing materials. If there is any doubt about the presence of asbestos in a material or construction, the applicable provisions of this Directive shall be observed.

2. The Commission is not at present prepared to take steps on the question of registers either regarding their role in determining the extent of the problem or in connection with precautionary measures. Nevertheless, in the event of an accident, for example a fire, affecting sites and buildings contaminated with asbestos, precautionary measures could consist in (increased) fire protection of those sites and buildings. In this particular respect, a register of sites and buildings contaminated with asbestos might be useful.

3. From the perspective of Community legislation on waste management, it is important to underline that:

(a) 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 Community(3) defines mandatory control procedures that must be applied to control shipments of waste between Member States. In particular, a very stringent control procedure applies concerning disposal of waste presenting risks to human health and the environment, which involves prior notification of the intended shipment and prior written consent by the relevant authorities before the shipment may take place.

(b) Council Directive 75/442/EEC of 15 July 1975(4) on waste, as amended, stipulates a number of key obligations for Member States in connection with the management of waste, which includes asbestos waste. Specifically, Article 4 requires Member States to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment. In particular, this must be done without risk to water, air, soil and plants and animals, without causing a nuisance through noise or odours and without adversely affecting the countryside or places of special interest.

In addition, Member States are specifically required under that provision to take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste.

The Commission is not aware and has not been informed of grounds to suggest that there have been illegal shipments of asbestos waste from the Netherlands to Belgium nor that methods used to deal with such waste lawfully shipped from the Netherlands to Belgium are in contravention of Community rules.

(1) OJ C 304 E, 30.10.2001.

(2) OJ L 263, 24.9.1983.

(3) OJ L 30, 6.2.1993.

(4) OJ L 194, 25.7.1975.