WRITTEN QUESTION E-0672/00

by Mauro Nobilia (UEN) to the Commission

(9 March 2000)

Subject: Protection from asbestos for workers in the air and sea transport sectors

In 1990 the Council adopted Directive 90/394/EEC(1) on the protection of workers from the risks related to exposure to carcinogens at work, implementing the framework Council Directive 89/391/EEC(2) on the introduction of measures to encourage improvements in the safety and health of workers at work and applying to all sectors of public and private activity.

In Italy, Article 2 of law 277/91, which was adopted in application of Directives 80/1107/EEC(3), 82/605/EEC(4), 83/477/EEC(5), 86/188/EEC(6) and 88/642/EEC(7) on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work, excluded from its scope workers in the air and sea transport sectors on the grounds that they would be protected by ad hoc national legislation to be introduced at a later date.

However, the Italian Government has not yet adopted specific legislation on the protection of workers in the air and sea transport sectors from exposure to carcinogens.

Will the Commission therefore establish whether the above information is correct?

Will it examine whether Article 2 of Italian law 277/91, excluding certain categories of worker and thereby depriving them of the appropriate protection, is contrary to Community legislation in force on the protection of workers?

If necessary, will it call on the Italian Government to transpose Community directives 90/394/EEC and 89/391/EEC, which are designed to protect all workers, including those in the air and sea transport sectors, from the risks related to exposure to carcinogens at work?

(1) OJ L 196, 26.7.1990, p. 1.

(2) OJ L 183, 29.6.1989, p. 1.

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

(4) OJ L 247, 23.8.1982, p. 12.

(5) OJ L 263, 24.9.1983, p. 25.

(6) OJ L 137, 24.5.1986, p. 28.

(7) OJ L 356, 24.12.1988, p. 74.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 April 2000)

The Commission does not fully agree with the views expressed by the Honourable Member for the following reasons.

Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work, being an individual directive pursuant to framework Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, applies to all sectors of activity, whether public or private, with very specific exceptions in certain public service activities. The air and sea transport sectors are covered by Directive 90/394/EEC.

Taking into consideration the adoption of Commission Directive 91/632/EEC of 28 October 1991(1) adapting to technical progress for the fifteenth time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(2), all forms of asbestos have been classified as carcinogens at Community level and consequently are covered by the scope of Directive 90/394/EEC.

The exclusion of certain categories of workers from the scope of Law 277/91 is in accordance with the provisions of Directives 80/1107/EEC, 82/605/EEC, 83/477/EEC, 86/188/EEC and 88/642/EEC.

This does not mean, however, that workers in the air and sea transport sectors are deprived of protection from exposure to carcinogens. They are covered by the legislation which transposes Directive 90/394/EEC into Italian law.

The Commission would like to point out to the Honourable Member that Directives 90/394/EEC and 89/391/EEC were transposed into Italian law by Legislative Decree No 626 of 19 September 1994 and that this decree's scope does not exclude workers in the air and sea transport sectors.

(1) OJ L 338, 10.12.1991.

(2) OJ 196, 16.8.1967; OJ L 327, 3.12.1980; OJ L 247, 23.8.1982; OJ L 263, 24.9.1983; OJ L 137, 24.5.1986; OJ L 356, 24.12.1988.