RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM RISKS RELATED TO EXPOSURE TO CARCINOGENS AT WORK
Date: 1990-05-22
Institutions: European Commission
Subjects: accident prevention, carcinogenic substance, occupational health, occupational safety, protective equipment

COMMISSION OF THE EUROPEAN  COMMUNITIES 

§*-•*•• 

C0M(90) 221  final  - SYN 110 

Brussels,22  May  1990 

Re-examined  proposal  for a 

COUNCIL  DIRECTIVE 

on  the protection of workers 
from risks related  to exposure  to carcinogens at work 

(presented  by the Commission  pursuant  to Article  149.2(d) 
of  the EEC  treaty) 

|1. 

Re-examined  proposal  for  a 

COUNCIL  DIRECTIVE 

on  the  protection  of  workers 
from  r i s ks  related  to  exposure  to  carcinogens  at  work 

PREVIOUS TEXT 

AMENDED TEXT 

Citations and recitals 1-10 unchanged 

Recital 10a (new) 

in  order 

Whereas  nevertheless, 
to 
contribute to a  reduction  in  these risks 
limit  values  should  be  established  for 
all  those  carcinogens  for  which  the 
available 
including 
information. 
scientific  and  technical  data, make  this 
possible. 

Other recitals unchanged 

Article 1(1), second paragraph 

lays  down  particular  minimum 

It 
provisions in this area. 

To be amended as follows: 

It  lays  down  limit  values  and  other 
minimum requirements in this area 

Article 1 (2 and 3) unchanged 

Article 1(4) new 

4. 
This  Directive  shall  not  affect 
specific 
more 
and/or 
stringent 
provisions  in  the  existing  Directives 
the  protection  of 
concerned  with 
workers  from 
to 
exposure to carcinogens. 

the  risk  related 

Article 2 and 3 unchanged 

Article 3a (new) 

in  accordance  with 

1- The  contents  of  Annex  III  shall  be 
established 
the 
procedure  laid  down  in  Article  16 
paragraph  1 for  all  those  carcinogens 
for  which  the  available  information^ 
including scientific  and  technical  data. 
make this possible. 

2. The  limit values  set  down  in  Annex 
III  shall  be  observed  by  employers 
without  prejudice  to  the  provisions  of 
Article 5. 

a 

risk  of 

exposure 

3.  In  the  case  of  any  activity  likely  to 
involve 
to 
carcinogens, for which limit values have 
been fixed  the employer  shall carry out 
measurements  at  regular  intervals  to 
ascertain  compliance  with  the  limit 
values.  He  shall  keep  records  of  the 
results  of  those  measurements  and 
make them available, on request, to the 
competent  authority.  Workers  and 
their  representatives  shall be  informed 
of the results of such measurements. 

Article 3 to 15 unchanged 

Article 16 

I  may  be  amended 

1.  Annex 
in 
accordance  only with  the procedure  laid 
down in Aticle 118 A of the Treaty. 

To be amended as follows 
1. Subject  to paragraph  2  Annex I and 
III may be amended  in accordance only 
with the procedure  laid down in Article 
118A of the Treaty. 

2. Purely  technical  adjustment  to Annex 
II  in  the  light  of  technical  progress, 
changes  in  international  regulations  or 
specifications  and  new  findings  in  the 
field  of  carcinogens  shall  be  adopted  in 
accordance  with 
laid 
down 
in  Article  17  of  Directive 
89/391/EEC. 

the  procedure 

light  of 

in 
the 
changes 

2.  Purely  technical  adjustments  to  the 
technical 
Annexes 
progress, 
international 
regulations  or  specifications  and  new 
findings  in the field  of carcinogens shall 
be  adopted 
in  accordance  with  the 
Êrocedure  laid  down  in  Article  17  of 
directive 89/391/EEC. 

in 

Article 17 to 19 unchanged 

Annex I 

To be amended as follows 

1 to 4 unchanged 

-  5  (new)  Work  involving  exposure  to 
certain  wood  dust,  in  particular  oak 
and beech, 

-  6  (new)  Work  involving  exposure  to 
leather dust. 

-  7  (new)  Work  involving  exposure  to 
certain  nitrosamines.  for  example  in 
the rubber industry. 

Annex II unchanged 

Annex III (new) 

List of  exposure  limit values  (to which 
reference is made in Article 3a (new)) 

The  Commission  is  unable  to  accept  the  following  amendments  proposed  by  the 
European Parliament: (1) 

1.  Amendments  No  1 and  39  (concerning  recital  No  2  a  (new)  and Article  14 b 

(new)) 

The Commission considers these to be unnecessary given that the legal  basis is 
Article 118A, which stipulates that constraints shall not be imposed on small and 
medium-sized undertakings. 

2.  Amendments No 2 and 10 (concerning recitals 6 and Article 1.1) 

The Commission considers that Directive 89/391/EEC is sufficient  reference for 
this Directive. 

3.  Amendment No 3 (concerning recital 6a (new)) 

The Commission considers that this recital is not followed up in the main body of 
the Directive. 

4.  Amendments  No. 4  (2nd  to 5th paragraphs)  and  13 (2nd  and 3rd paragraphs) 

(concerning recital 10a (new) and Article 2a (new)) 

While  the  second  and  third paragraphs  of  Amendment  No.  4  and  the  second 
paragraph  of  Amendment  No. 8  are  not  followed  up in the  main body of the 
Directive,  the  other paragraph  relate  to provisions  already  covered  in another 
form. 

5.  Amendments  No.  5  and  17  (concerning  recital  10 b  (new)  and  Article  3, 4a 

(new)) 

The  Commission  considers  that  the  protection  of  pregnant  women,  nursing 
mothers and young persons is covered m the Common Position (Article 3.4 and 
statement in minutes) 

6.  Amendments No. 6 - 7 - 2 5 - 2 9 - 31  (concerning recital 10 (new), and Articles 3.4 

- 8.1 - 12a -13) 

The  Commission  considers  that workers' rights and  employers' obligations  are 
covered by Directive 89/391/EEC, from which this proposal derives 

1)  The numbering of the amendments corresponds to that in Doc. PE 139/129 

r.C-

7.  Amendments No. 13 et 48(B) (concerning Article 2.4) 

The  Commission  opposes  the  introduction  of  a  specific  action  levels;  at  any 
moment, all preventive measures must be applied 

8.  Amendments No. 15,20,38 (concerning Articles 3.2 - 4.2 -14.8) 

The  Commission  considers  that these  amendments  do not  substantially  modify 
the content of the Common Position. 

9.  Amendment No. 18 (concerning Article 4.1a) 

The Commission considers that employers are already obliged to replace agents 
whenever technically possible.. 

' 

10.  Amendments No. 19 and 24 (concerning Article 4.2 and 7.1) 

The  Commission  agrees  with  the  Council  that  additional  administrative 
constraints on small  and medium-sized undertakings  must be  avoided  as far as 
possible. 

11.  Amendment No. 26 (concerning Article 9) 

The Commission  is conscious  of  the fact  that  the competent  authorities  of the 
Member States already have access to workplaces. 

12.  Amendment No. 27 (concerning Article 10b) 

The Commission does not consider these proposals to be realistic. 

13.  Amendments No. 33-34-50-51  (concerning Article 14 and Annex II) 

The  Commission  considers  that  medical  surveillance  is  applied  differently  in 
different  Member  States,  but  that  the  text  of  the  Common  Position  already 
contains all the elements necessary to ensure that these measures are applied to 
workers at risk. 

14.  Amendment No. 41 (concerning Article 16a (new)) 

The  Commission  does  not  consider  it  necessary  to  publish  once  again  in  the 
Official Journal the list of R45 agents ("may cause cancer"). 

15.  Amendment No. 48 (concerning Annex III (new)) 

The Commission considers it necessary to give further consideration to the limit 
value for Benzene and will bring forward a Directive as soon as possible. 

-a 

ISSN 0254-1475 

COM(90) 221 final 

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ISBN 92-77-60484-0 

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