WRITTEN QUESTION E-0995/01

by María Sornosa Martínez (PSE) to the Commission

(30 March 2001)

Subject: Infringement of Community asbestos law in the Valencia region (Spain)

In 1998, employees of the Fibrocementos del Levante company based in Sant Vicent del Raspeig (Valencia region) went to court to complain about the damage which the use of asbestos in their work was doing to their health. The Sant Vicent court has yet to open the case, although six people have died since January 2000 as a result of being exposed to asbestos and breathing it in. Furthermore, it is calculated that by 2005 (the date by which the asbestos-banning Directive 99/77(1) an extension of Directive 85/467(2) must have been implemented), 30 % of the company's employees will have become ill.

In addition, the Valencia Regional Government's Minister for Finance and Economic Affairs has recently published a register of companies which reveals that 32 firms in the region are still working with asbestos. Their workers undergo regular medical checks but they continue to be fully exposed to asbestos whilst at work.

Although Directive 99/77 is not due to come into force until 1 January 2005, the case involving Fibrocementos del Levante (and also those involving other Valencian companies which work with asbestos) is nonetheless infringing Community law which is already in force, notably:

- Directive 80/1107(3) on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (which includes asbestos in Annex I);

- Directive 87/217(4) on the prevention and reduction of environmental pollution by asbestos.

In the light of the above facts:

- would the Commission be willing to establish an aid scheme for those who die from asbestos-related diseases before the substances concerned is finally banned in 2005?

- is the Commission intending to investigate the Spanish authorities on the grounds that they may have infringed Directives 80/1107 and 87/217 in the case of Fibrocementos del Levante and other Valencian companies?

(1) OJ L 207, 6.8.1999, p. 18.

(2) OJ L 269, 11.10.1985, p. 56.

(3) OJ L 327, 3.12.1980, p. 8.

(4) OJ L 85, 28.3.1987, p. 40.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(30 May 2001)

Council Directive 80/1107/EEC(1) of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work, which is mentioned by the Honourable Member, provides for limit values and specific requirements to be laid down, via individual directives, for the agents listed in its Annex I. On this basis, the Council adopted Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work(2), which is the second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC.

This Directive 83/477/EEC, which has already been amended twice, in 1991 (91/382/EEC)(3) and in 1998 (98/24/EC)(4), lays down the Community rules applicable to the protection of workers from asbestos.

A subsequent revision of this Directive is currently under way, and the Commission's proposal for an amendment is expected to be adopted in the coming months.

This Directive has been correctly transposed into national law by Spain and it is up to the relevant national authorities, particularly via its Labour Inspectorate services, to check and monitor the correct application of Spanish measures.

It is therefore the responsibility of the Member States to ensure that the implementation of measures provided for in national legislation are monitored adequately and to provide for compensation for cases of occupational disease due to exposure to asbestos fibres at work.

Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos(5) establishes that asbestos shall be dealt with in such a way that emissions into air and water are minimised. In addition, solid asbestos waste should, as far as reasonably predictable, be reduced at source and prevented. This involves using Batnec (best available techniques not entailing excessive costs), including, where appropriate, recycling or treatment. Asbestos waste can be landfilled only in sites licensed for this purpose.

Directive 87/217/EEC has been transposed into national law by Spain. The national authorities are responsible for the implementation of the measures provided in the Directive.

The Honourable Member's question does not contain sufficiently precise information to indicate that Spain has probably infringed, or is continuing to infringe, one or more of the above legal obligations.

(1) OJ L 327, 3.12.1980.

(2) OJ L 263, 24.9.1983.

(3) OJ L 206, 29.7.1991.

(4) OJ L 131, 5.5.1998.

(5) OJ L 85, 28.3.1987.