WRITTEN QUESTION P-0879/99

by Antonios Trakatellis (PPE) to the Commission

(26 March 1999)

Subject: Presence of asbestos and chrysotile in schools and possibility of funding replacement from 2nd CSF

The continued use of asbestos building materials (for walls, ceilings etc) in 18 schools in Thessaloniki, against which parents and pupils are protesting by occupying the premises, represents a threat to the health of the children and the workers concerned. These schools were built using materials made of asbestos to cover the emergency needs caused by the earthquake which hit Thessaloniki in 1978; they have remained in place since then to the point where the asbestos panels are now sagging and cracking, spreading asbestos fibres into the environment. Exposure to chrysotile is extremely hazardous to health since it causes lung cancer and other respiratory diseases.

Given that the authorities estimate that it will take ten years to rebuild schools and that the authorities of the prefecture of Thessaloniki claim that there is a shortfall of Drs 2 billion in payment for schools already completed, will the Commission say:

1. why the applicable provisions have not been implemented under Directive 83/477/EEC(1) as amended by Directive 91/382/EEC(2) on the protection of workers from the risks related to exposure to asbestos at work and Directive 90/394/EEC(3) of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work, which contain strict rules on protection and protective measures by employers and which are expected to be replaced in 2001 by more stringent provisions for protection and protective measures by employers as provided by Directive 98/24/EC(4),

2. what measures it will take to protect public health (of pupils, teachers and other staff) in schools from exposure to asbestos and chrysotile,

3. whether the State - which is the employer in this specific case - is liable for failing to implement the above directives,

4. whether the replacement of the asbestos or the construction of new school buildings can be funded from the operational programmes for education and industry or other source under the 2nd CSF and why the Greek Government has so far failed to make such a request, and

5. why it has not yet issued a directive banning asbestos and chrysotile when they are already banned under national law in 8 Member States?

Answer given by Mr Flynn on behalf of the Commission

(6 May 1999)

The Commission is well aware of the health risks associated with exposure to any form of asbestos and therefore considers that the utmost must be done to minimise these risks.

1 and 3. The Community directives on the protection of workers exposed to asbestos (83/477/EEC(5), amended by 91/382/EEC and 90/394/EEC) have been transposed into Greek law. Any question concerning their application is a matter for the Greek authority responsible for appropriate monitoring and surveillance, as prescribed by Article 4(2) of Directive 89/391/EEC(6).

2. In the field of public health, action by the Community can take, in accordance with Article 152 of the EC Treaty (ex Article 129), either the form of incentive measures excluding any harmonisation of the laws and regulations of the Member States aimed at cooperation between the Member States and coordination of their policies and programmes or Council recommendations, in the area of prevention and health information and education. The Parliament and the Council have adopted programmes on health promotion, information, education and training and on pollution-related diseases, which could serve for the exchange of information on policies and sharing of experience and best practice with respect to exposure to asbestos and practical measures and steps to eliminate or reduce exposure of the public.

4. According to information obtained from the Greek authorities, asbestos has not been used in the past and is not being used now for the construction of school buildings in Greece.

However the Greek authorities state that following the earthquake at Kalamata in 1986, mobile structures containing asbestos were bought for temporary replacement of damaged school buildings. Following the reconstruction of the damaged schools, these mobile structures were transferred to other places in Greece where school buildings were lacking. Certain of these mobile structures are still in use today.

The construction of new school buildings is co-funded by the European regional development fund (ERDF) under the thirteen regional operational programmes and under the operational programme "Education and initial vocational training" of the 2nd Community support framework for Greece (1994-1999). The construction of new school buildings for the replacement of the mobile structures containing asbestos can be co-funded by the ERDF under the same operational programmes.

5. A proposal to ban chrysotile asbestos, with some minor exceptions and transitional arrangements, will be considered by the Member States at a technical progress committee meeting on 4 May 1999. If the proposal achieves the required support, and is subsequently adopted by the Commission, then new uses of chrysotile asbestos would be banned throughout the Community by 1 January 2005. However, the proposal would not in itself prohibit the continued use of buildings which already contain asbestos, nor require the removal of asbestos from buildings.

(1) OJ L 263, 24.5.1983.

(2) OJ L 206, 29.7.1991.

(3) OJ L 196, 26.7.1990.

(4) OJ L 131, 5.5.1998.

(5) OJ L 263, 24.9.1983.

(6) OJ L 183, 29.6.1989.