WRITTEN QUESTION E-1098/02

by Antonios Trakatellis (PPE-DE) to the Commission

(18 April 2002)

Subject: Protection of workers from risks associated with exposure to asbestos at work

According to Council Directive 91/382/EEC(1), asbestos is a particularly hazardous agent which can cause serious illness and which is found in various forms in a large number of circumstances at work. Moreover, according to Council Directive 98/24/EC(2), the respect of minimum requirements on the protection of the health and safety of workers from the risks related to chemical agents aims to ensure not only the protection of the health and safety of each individual worker but also to provide a level of minimum protection of all workers.

In Greece there are a great many public buildings which contain asbestos, such as the County Court and the Police Court in Athens, and the schools in Thessaloniki and the Ilia region.

Will the Commission therefore say whether:

1. the Greek authorities have made any legal and administrative provision to comply with the above directives,

2. the Greek Government has taken the necessary measures to identify harmful agents at places of work and, consequently, to provide workers with the relevant essential information,

3. checks have been carried out at places of work which do not respect the requirements concerning workers' health and safety and, if so, how frequently,

4. it is aware of any premises which have been declared unfit owing to the risks to workers' health and what measures it will take to replace them, and

5. whether there is any evidence that the limits on the duration and intensity of workers' exposure to harmful chemical agents, including asbestos, are observed so that the risks associated therewith can be reduced to a minimum, particularly in buildings housing school premises?

(1) OJ L 206, 29.7.1991, p. 16.

(2) OJ L 131, 5.5.1998, p. 11.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 May 2002)

The Commission shares the view of the Honourable Member on the importance of respect of the minimum requirements on the protection of health and safety of workers from the risks related to exposure to asbestos.

As regards the protection of health and safety of workers at work there exists the Directive 83/477/EEC(1). This Directive has been amended and updated by Directives 91/382/EEC(2) and 98/24/EC(3). Furthermore, on 20 July 2001 the Commission adopted a proposal for a Directive of the Parliament and of the Council amending Council Directive 83/477/EEC(4), which aims to reinforce further the protection of workers. The main provisions of the proposal concern stricter limit values, an obligation for the employer to prove his capacity in activities involving asbestos removal and an extensive duty to inform employees.

The Greek authorities have communicated the national legal and administrative provisions implementing Directives 91/382/EEC and 98/24/EC.

Concerning the other questions put by the Honourable Member, it should be recalled that the correct application of national health and safety measures adopted to transpose the Community Directives is the responsibility of the Member States. The Commission cannot act unless it receives information that is evidence of systematic failure to apply the national legislation in accordance with the Directives. The Commission has had no indication of any application of the national provisions that would be contrary to the Directives mentioned above.

(1) Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC), OJ L 263, 24.9.1983.

(2) Council Directive 91/382/EEC of 25 June 1991 amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC).

(3) Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).

(4) OJ C 304 E, 30.10.2001.