WRITTEN QUESTION E-2992/97 by Paul Lannoye (V) to the Commission (1 October 1997)

Subject: Ozone concentrations in the lower atmosphere

According to information published in recent weeks it appears that the health protection threshold values for ozone concentration in the lower atmosphere have once again been regularly exceeded during the summer months throughout the European Union. This is the case not only for the value of 180 ì/m3 (average over one hour), which involves an obligation to inform the population, but also for that of 110 ìg/m3 (average over eight hours).

In the absence of any effective Community policy to reduce emissions of NOx and VOC in the short term, it would be logical for the European Union to take joint steps to protect workers exposed to excessive concentrations of ozone and required to undertake heavy physical activity. Those directly affected are construction workers on open-air sites and high-calibre sports persons of whom spectacular performances are demanded.

Can the Commission envisage a proposal on this subject on the basis of Article 118a of the Treaty (Title VIII, Chapter 1)?

Answer given by Mr Flynn on behalf of the Commission (1 December 1997)

The Commission has established a framework of legislation to encourage improvements in the safety and health of workers, including individual directives on the protection of workers from risks related to exposure to chemical, physical and biological agents at work. Most of this legislation is now transposed and employers have to implement measures to protect the health and safety of workers exposed to such risks even if there are no specific rules on particular issues (for example ozone).

The employer is responsible under Council Directive 89/391/EEC for the introduction of measures to encourage improvements in the health and safety of workers at work ((OJ L 183, 29.6.1989. )) to ensure the health and safety of his workers and for consulting them in this matter. Therefore, the employer should use the information provided by the authorities with regard to air pollution caused by ozone in order to comply with this responsibility. The possible risks to health from excessive concentration of ozone may not be limited to the examples given by the Honourable Member and may involve certain specific work activities where ozone might be released.

The Commission has decided to include ozone in the priority list for the establishment of an occupational exposure limit value. The evaluation of the latest scientific data will start shortly.

Overall however, emissions precursors of ozone (nitrogen oxides and volatile organic compounds) are already set to decline significantly in coming years as a result of Community legislation on emissions from transport ((Doc. COM(96) 248. )) and industry, for example, Council Directive 96/61/EC concerning integrated pollution prevention and control ((OJ L 257, 10.10.1996. )) and the proposal for a Council directive on limitation of emissions of volatile organic compounds due to the use of organic solvents in certain industrial activities ((OJ C 99, 26.3.1997. )).

The Commission is also preparing proposals for new air quality objectives for ozone and for an integrated strategy for the reduction of ozone precursors, as required by Council Directive 92/72/EEC on air pollution by ozone ((OJ L 297, 13.10.1992. )) and Council Directive 96/62/EC on ambient air quality assessment and management ((OJ L 296, 21.11.1996. )). It is expected that these proposals will be adopted by the Commission in 1998. The improvements in air quality which will be expected in coming years will clearly have benefits also for those at work.