WRITTEN QUESTION E-2723/02

by Peter Skinner (PSE)and Helle Thorning-Schmidt (PSE) to the Commission

(30 September 2002)

Subject: Implementation of Council Directive 1999/38/EC on protecting workers against the carcinogenic effects of wood dusts

Epidemiological studies which have been carried out over an extended period of time have repeatedly pointed to increased cancer prevalence rates among employees engaged in wood-processing. Reports published by the Lyon Cancer Research Agency (IARC) in 1995 and in 1998 particularly produced evidence that, from what was known of the subject at the time, it could be established at the very least that hardwood dust had carcinogenic effects. From the knowledge we possess today, other types of wood are also suspected of being cancer-causing agents. Lately, this position was confirmed by the Scientific Committee for Occupational Exposure Limits (SCOEL) (cf. SCOEL/SUM/102B June 2002). Following a lengthy debate on this subject, the Council passed the directive 1999/38/EC(1) in which all hardwoods were classified as carcinogenic work materials. A workplace limit of 5mg/m3 was decided upon.

On the one hand, it is well known that the directive comes up against very diverse practices in different member countries. This does not only have to do with a political decision on limits, but also concerns differing overall cultures that affect the handling of wood dust. Limit values in Member States vary from 1mg/m3 to 10mg/m3.

On the other hand, it is well known that technical solutions for effective dust reduction exist for most work processes. New technology levels under 1mg for almost all wood-handling activities can be attainable.

Against this background, a satisfactory conversion of the directive will depend strongly on effective dissemination of information on the subject and on a positive exchange of knowledge regarding good practice.

Is the Commission aware of the activities undertaken by Member States regarding the implementation of directive 1999/38/EC?

Does the Commission share the viewpoint that a Community programme is needed to reduce the huge gap between the different Member States as far as prevention activities are concerned?

What kind of activities has the Commission considered to support a proper application of the directive, especially in SMEs?

(1) OJ L 138, 1.6.1999, p. 66.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(30 October 2002)

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Council Directive 1999/38/EC of 29 April 1999 amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work and extending it to mutagens, not later than 29 April 2003. They shall forthwith inform the Commission thereof.

The Commission has pointed out in its Communication Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006(1) that benchmarking and the identification of best practices should be used to work towards converging progress in terms of the Member States' policies. The European employment strategy provides an effective framework for this kind of approach, with input from the European Social Fund. As a matter of fact, guideline 14(c) of the European employment strategy states that Member States will endeavour to ensure a better application at workplace level of existing health and safety legislation by stepping up and strengthening enforcement, by providing guidance to help enterprises, especially small and medium-sized enterprises, to comply with existing legislation, by improving training on occupational health and safety, and by promoting measures for the reduction of occupational accidents and diseases in traditional high risk sectors.

In addition, the Commission has announced in this Communication its intention to consider to propose an amendment to the employment guidelines, calling on the Member States to adopt quantified objectives for reducing accidents at work and occupational illnesses. The Commission has announced as well its intention to analyse the role of the European Social Fund in terms of promoting a healthy and safe working environment, in conjunction with the mid-term assessment of the current programming exercise. In this line, the European Fund for Regional Development and the European Agricultural Guidance and Guarantee Fund could be the object of a similar exercise.

(1) COM(2002) 118 final.