EN Official Journal of the European Union CE 88/181

(2004/C 88 E/0188)

WRITTEN QUESTION E-0384/04

by Roberta Angelilli (UEN) to the Commission

(12 February 2004)

Subject: Ansaldo-Breda: infringement of laws protecting workers from exposure to asbestos

Ansaldo-Breda is an Italian rolling stock manufacturer. From 1987 to 1991, work was carried out at its plant in Pistoia to replace the Eternit covering on the roof, to bring the workplace into line with European health and safety legislation.

These works were carried out without interrupting the normal production process, issuing the workforce with protective equipment or informing them of the real risk of exposure to asbestos dust. Employees report that, at the time these works took place, they were obliged to clean the workbenches every day with compressed air jets, thus recirculating the asbestos dust that had fallen from the roof covering.

This has resulted in recent years in a mortality rate for mesothelioma, a rare form of cancer caused by exposure to asbestos, that is much higher than the national average. Consequently, the Pistoia employees concerned have obtained recognition that they are suffering from an industrial disease and are entitled, under Italian law 257/92, to receive various pensions, allowances and other benefits, although only in respect of the period up to 1990.

In actual fact, however, some renovation work was carried out after 1991 and is still in progress, although there is no provision for the employees who are still going about their business at the plant to receive comparable compensation for the period from 1991 to the present.

The Italian judiciary is inquiring into this question, and it appears from their investigation that the local health authority has checked levels of exposure to asbestos and considers them to be acceptable at present; this finding would seem to be at odds, however, with the fact that twenty employees have died from mesothelioma in recent years.

In view of the European Union's commitment to protecting the health and safety of workers, as shown in Parliament's resolution of 23 October 2002 on a new Community strategy on health and safety at work (2002-2006) (1) and the Council's decision of 22 July 2003 setting up a European committee to monitor workers' health (2):

1. Does the Commission consider that Article 137 of the EC Treaty, and more specifically Directive 83/477/EEC (3), transposed in Legislative Decree 277/91, have been infringed?

2. Does the Commission consider that Directive 2003/18/EC (4) has been infringed?

3. Is the Commission aware of the works the firm has carried out to remove the asbestos, and can it state how long those works took, whether the work is still in progress, whether the work was carried out in safe conditions and whether the employees have received adequate information about them?

4. Is the local health authority properly monitoring compliance with European legislation on safety at workplaces where asbestos is present?

5. What action can be taken to obtain recognition of employees' right to compensation in respect of the period following the period in respect of which such recognition has already been obtained?

Answer given by Mr Dimas on behalf of the Commission

(19 April 2004)

The exposure of workers to asbestos is currently governed by Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work. The aim of the Directive is the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. It lays down limit values and other specific requirements. The Directive does not prejudice the right of Member States to apply or introduce laws, regulations or administrative provisions ensuring greater protection for workers.

It is the responsibility of each Member State to transpose and implement the Directive. The Italian national authorities are primarily responsible for ensuring that directives are correctly applied and for making provision in national law for administrative and judicial redress. However, if there is substantive evidence to show that national legislation transposing Community directives is not being applied, the Commission, as guardian of the EC Treaty, could invoke the provisions of the Treaty, in particular Article 226.

Italy has informed the Commission of the measures it has taken to transpose Directive 83/477/EEC.

The information provided by the Honourable Member relates to the implementation of Italian legislation to transpose the Directive. The national authorities are solely responsible for monitoring its application, and it is up to the Member States to see to it that these authorities fulfil their duties by carrying out effective checks to ensure that national legislation is being applied correctly. The Commission does not have the appropriate information to assess the actions of the Italian authority in question in this case.

Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC constitutes an important step forward in the protection of workers exposed to asbestos, as it contains stricter requirements with a view to improved prevention.

However, as the deadline for transposal of this Directive in the Member States is in April 2006, it cannot yet be established that there has been an infringement. As indicated in point 1, the case mentioned by the Honourable Member relates to the application of Italian legislation.

The Commission has not received any official information from the national authorities concerning the case mentioned in the written question. The Commission therefore plans to ask the Italian authorities for specific information concerning the situation described by the Honourable Member.

The national authorities are solely responsible for matters relating to recognition of and compensation for occupational diseases. At Community level there is the Commission Recommendation of 19 September 2003 concerning the European schedule of occupational diseases (5), which is addressed to Member States and includes certain illnesses caused by asbestos. However, this Recommendation is not binding, and Member States continue to have sole jurisdiction in this area.

(1) OJ C 300 E, 11.12.2003, p. 290.

(2) OJ C 218, 13.9.2003, p. 1.

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

(4) OJ L 97, 15.4.2003, p. 48.

(5) OJ L 238, 25.9.2003.