WRITTEN QUESTION E-2845/01

by Luciano Caveri (ELDR) to the Commission

(17 October 2001)

Subject: Asbestos

The problem of removing material containing asbestos fibres from buildings is still a delicate issue in the European Union. Asbestos is proven to be dangerous to human health, which is why the legislation of many countries provides for its removal and disposal in special dumps. What further measures and obligations can be introduced at Community level?

Answer given by Mrs Wallström on behalf of the Commission

(6 December 2001)

The Commission shares the view of the Honourable Member on the importance of a safe handling and disposal of construction materials containing asbestos. There is indeed, extensive Community legislation on asbestos: 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)(1) in the Union from 1 January 2005 at the latest, although this directive does not concern itself with the removal of existing asbestos. Council Directive 87/217/EEC of 19 March 1987 regulates the prevention and reduction of environmental pollution by asbestos(2). The latter Directive stipulates that the demolition of buildings, structures and installations containing asbestos and the removal therefrom of asbestos or materials containing asbestos involving the release of asbestos fibres or dust should not cause significant environmental pollution. Furthermore, on the basis of an initial Commission Proposal, construction materials containing asbestos have been recently classified as hazardous waste and thus will have to be

disposed of following the obligations laid down in Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(3) from 1 January 2002 onwards. In addition, the Commission is considering measures to promote the practice of selective demolition in order to segregate the hazardous wastes present in construction materials and ensure their safe disposal.

Furthermore, as regards the protection of health and safety of workers at work there is 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)(4). This Directive has been amended and updated by Council Directives 91/382/EEC of 25 June 1991(5) and 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(6). 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(7), 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.

(1) OJ L 207, 6.8.1999.

(2) OJ L 85, 28.3.1987.

(3) OJ L 377, 31.12.1991.

(4) OJ L 263, 24.9.1983.

(5) OJ L 206, 29.7.1991.

(6) OJ L 131, 5.5.1998.

(7) OJ C 304 E, 30.10.2001.