PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 83/477/EEC ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK
Date: 1990-05-30
Institutions: European Commission
Subjects: asbestos, health risk, occupational health, occupational safety

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC90) 184 final  - SYN  256 

Brussels, 30  May 1990 

Proposal  for a 

COUNCIL  DIRECTIVE 

amending  Directive 83/477/EEC  on the 
protection  of workers  from the  risks  related 
to exposure  to asbestos at work 

(presented  by the  Commission) 

A. 

EXPLANATORY MEMORANDUM 

Asbestos, the danger of which  has been recognized  in many scientific 
studies and  research projects, has been a major  concern of the 
Commission  for a  long time. 

A system of protection at Community  level was thus set up by the 
adoption of  two Council  Directives, one on  the protection of workers 
from asbestos^1) and  the other  relating  to restrictions on the 
marketing and use of  this agent(2>.  The Council  adopted  two other 
Directives  for  the protection of  the environment, one  for  limiting the 
pollution of  the aquatic environment^3*, and  the other on the 
prevention and  reduction of environmental  pollution by asbestos^4*. 

Asbestos  is being monitored more and more effectively at  the workplace» 
the results of which would  tend to  indicate that exposure  to asbestos 
fibres can be reduced  still  further. 

Moreover, studies are being carried out on the possibilities of using 
replacement  fibres and  their  harmfulness.  The properties of  these 
fibres are sometimes no match - at  least not yet - for  those of 
asbestos  fibres  in certain  industrial  applications, and  the data on 
their effects on the health of  the general  public and workers are not 
yet conclusive. 

The Commission  is following closely  the production  and use of asbestos 
and  the prospects  for change, taking particular  account  of the 
situation  in third countries. 

In spite of all  these efforts, there are more than  1 500 deaths every 
year  in the Community  as a result of occupational  exposure  to asbestos. 
This figure mirrors the effects of occupational  exposure -  in some 
cases very  high - received  prior  to the adoption of  the original 
legislation on  the protection of workers.  The most  recent 
epidemiological  data would  tend  to  indicate that a substantial 
reduction  in the  limit  values  for occupational  exposure  to asbestos can 
reduce still  further  the risks that  such diseases will occur. 

This has been  the Commission's  strategy  in  its revision of the 
provisions of Directive 83/477/EEC, notably  the provisions of Articles 
3  (3) and 8. 

(1) 0J No L263, Of  24.9.83, p. 25 
(2) 0J No L263 of 24.9.83, p. 33 and 0J No L375 of 31.12.85, p. 1 
(3) OJ No L129 Of  18.5.76, p. 23 
(4) OJ NO L85 of 28.3.87, p. 40 

-  2  -

1. General observations on the proposal for a Directive 

The Council Directive of 19 September  1983 (1) on the protection of workers from the 
risks related  to  exposure  to asbestos  at work  provides  in  Article  9 that  the  Council, 
acting on  a proposal  from  the  Commission,  shall  review  the  provisions  laid  down in 
Article  3(3)  and  Article  8 before  1 January  1990, to  take  account,  in  particular,  of 
progress  made  in scientific  knowledge  and  technology  and  in  the  light  of  experience 
gained in the application  of the said Directive. In order  to fulfil  these provisions, the 
Commission proposes the present text to the Council. 

The  deadline  set  for  the  implementation  of  Directive  83/477/EEC  into  national 
legislation  in  the  various  Member  States  were  1 January  1987,  at  the  latest,  and  1 
January  1990,  at  the  latest,  in  the  case  of  asbestos-mining  activities.  As  the  latter 
deadline  was  the  same  as  the  deadline  for  adapting  this  Directive  to  progress  in 
technology,  the  Commission  has  not  contemplated  reworking  other  provisions  than 
those for which it had received a brief from the Council. 

(1)  OJ  No  L  263,  2 4 . 9 . 8 3,  p.  2. 

-  3  -

2. Observations concerning certain specific aspects of the proposal for a Directive 

a)  Limit values for exposure at the place of work and the level  of action  (Article 1. 

points 1 and 4) 

The most recent scientific  and technical data show that  the type of fibre  appears 
to influence  the prevalence of certain types of cancers. For example, fibres which 
belong to the amphibole category (crocidolite and amosite, in particular, but also 
tremolite)  have  a  far  greater  association  with  mesotheliomas  than  fibres  of  the 
serpentine group, to which chrysotile belongs. 

In addition,  it appears  that  all  types of  asbestos fibres  are  not  used  to  the  same 
degree  at  work.  Chrysotile  alone  accounts  for  97%  of  world  production  of 
asbestos  fibre,  whereas  crocidolite  accounts  for  only  2%,  and  amosite  1%. 
Actinolite, tremolite  and anthophyllite  together  represent  less than  1% of world 
production. 

In  order  to  take  account  of  these  different  parameters  and  to  ensure  greater 
protection of workers, it is appropriate  to make a distinction  between chrysotile, 
on  the  one  hand,  and  crocidolite  and  amosite, on  the  other,  for  the  purpose  of 
laying  down  limit values  for  exposure  at  the  place  of  work  (Article  8)  and  the 
action levels (Article 3 (3)) in this proposal for a Directive. 

The  action  level  for  crocidolite  and  the  limit  values  for  exposure  at  work  for 
crocidolite,  amosite,  asbestos  and  chrysotile  put  forward  in  this  proposal  are 
therefore lower than those set out in Directive  83/411/EEC. 

The  reference  method  for  measuring  the  concentration  of  asbestos  in  the  air  at 
the place  of work, which  is described  in Annex  1 of  Directive  83/477/EEC  and 
which  uses  optical  microscopy,  has been  retained  in  this proposal  because  it is 
simplest  method  to  use,  the  most  widespread  at  work  and  the  least  costly;  the 
Commission  did  not  consider  it  advisable  to  propose  a  modification  to  the 
reference  method. 

-  4  -

b)  Specific proposals for buildings (Article 1 (2) 

The current proposal supplements the provisions of Directive 83/477/EEC with a 
ban on the use of detachable or friable asbestos in building construction, in order 
to prevent  asbestos  from  being  released  into  the  atmosphere  when  a structure 
becomes older, and to safeguard the exposed population. 

c)  Provisions  for  the  adaptation  to  progress  in  technology  of  the  method  for 

measuring asbestos fibres (Article 1 (3)) 

The procedure for the adaptation to progress in technology, which was advocated 
in  Directive  83/477/EEC  and  which  provided  for  action  to  be  taken  by the 
Council, on the basis of a proposal from the Commission, has been simplified so 
that  action  is  taken  by  the  Committee  for  Adaptation  to  Technical  Progress, 
which was  established  by Article  9  of  Directive  80/1107/EEC.  This  makes it 
possible for the measurement method to be adapted quickly in order to provide 
optimum protection of workers at the earliest possible opportunity. 

-  5  -

Proposal for a Council Directive amending 

Directive 83/477/EEC on the protection of 

workers from the risks related to exposure to 

asbestos at work 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

having  regard  to  the  Treaty  establishing  the  European  Economic  Community,  and  in 
particular Article 118A thereof, 

having  regard  to  the  proposal  from  the  Commission  drawn  up  following  consultation 
with the Advisory Committee on Safety, Hygiene and Health Protection at Work (1) 

in cooperation with the European Parliament (2), 

having regard to the opinion of the Economic and Social Committee (3), 

Whereas the  Council Resolution  of 21 December  1987 on safety,  hygiene and 
health at work (4) stresses the importance of improving the safety and health of 
workers at work; 

(1)  OJ  No  . .. 
(2)  OJ  No  . .. 
(3)  OJ  NO  . .. 
(4)  OJ  No  C 28,  3.2.1988,  p.  1 

-  6  -

Whereas  Article  9  of  Directive  83/477/EEC  (5)  provides  that  the  Council, 
acting  on  a  proposal  from  the  Commission,  must  review  the  provisions  laid 
down in Article 3 (3) and in Article 8 of the Directive before  1  January 1990, 
taking into account,  in particular,  progress  made in scientific  knowledge and 
technology and in the light of experience gained in applying the Directive; 

Whereas the  increase  in knowledge  in this field, shows that it is desirable  to 
reduce the exposure limit values for asbestos as well as to adjust certain other 
measures; 

Whereas asbestos  is a harmful agent found in various forms in a large number 
of circumstances at work; whereas chrysotile is the most widely-used fibre, and 
crocidolite  and  amosite  are  much  less  widely  used; whereas  tremoiite  exists 
only as a contaminant and whereas actinolite and anthophyllite are rarely found 
in the working environment. 

Whereas  the  prohibition  of  the  spraying  process  alone  is  not  sufficient  to 
prevent asbestos particles in atmosphere and therefore the use of detachable or 
friable asbestos in building construction must also be prohibited. 

Whereas  a  decision  cannot  yet  be  taken  establishing  a  single  method  for 
measurement of asbestos in air concentrations at Community level. 

Whereas Council Decision 74/325/EEC (6) as last amended by the  Act  of 
Accession  of Spain and Portugal, provides that the Advisory  Committee 

on Safety, Hygiene and Health  Protection  at Work  is to be consulted 

by the Commission  for the purpose of drafting proposals  in this field; 

(6)  OJ  No L 185,. 9.7.1974, p. 15. 

(5)  OJ  No L 263, 24.9.1983, p. 25 

-  7  -

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 83/477/EEC is  hereby  amended  as 

f o l l o w s: 

1. Article 3 ( 3 ) i s  replaced  by  the 

f o l l o w i n g: 

'3. 

if  the  assessment  referred  to  in paragraph 2  shows  that  the  concentration 
of  asbestos  fibres  in  the  air  at  the  place  of  work  in  the  absence  of  any 
personal  protective  equipment  is, at the  option of  the  Member  States, at a 
level as measured or calculated: 

a)  FOR CHRYSOTILE IN THE ABSENCE OF OTHER FORMS OF ASBESTOS: 

lower  than  0.25 fibres per  cm3  in  relation  to  an eight-hour  reference  period 
and/or 

lower than a cumulative dose of  15.00 fibre-days per cm3 over 3 months, 

b)  FQH ALL OTHER FORMS OF ASBESTOS EITHER ALQNE QR IN 

MIXTURES. INCLUDING MIXTURES CONTAINING  CHRYSOTILE 

lower  than  0.10 fibres per  cm3  in  relation  to  an eight-hour  reference  period 
and/or 

lower than a cumulative dose of 6.00 fibre-days per cm3 over 3 months, 

Articles 4, 7,13,14 (2),  15 and  16 shall not apply." 

- 8 -

2.Article  5 is replaced  by the following: 

"Article  5 

The  application  of  asbestos  by  means  of  the  spraying  process  shall  be 
prohibited,  together  with  the  use  of  detachable  or  friable  asbestos  in 
building construction." 

3. In Article 7 (1) the third  subparagraph  is  replaced  by  the  f o l l o w i n g: 

•The  Council,  acting  on  a  proposal  from  the  Commission,  and  taking 
account  in  particular  of  progress  made  in  scientific  knowledge  and 
technology  and  of  experience  gained  in  the  application  of  this  Directive, 
shall re-examine  the provisions of the first sentence  of paragraph  1 before 
31  December  1995,  with  a  view  to  establishing  a  single  method  for 
measurement of asbestos-in-air concentrations at Community level." 

4. Article 8 is replaced by the following: 

" A r t i c le  8 

The  following 

l i m it  values  shall  be  applied: 

a) 

concentration of chrysotile fibres in the air at the place of work: 

0.80  fibres  per  cm3 measured  or  calculated  in  relation  to  an  eight-hour 
reference period; 

b) 

c) 

concentration of crocidolite,  amosite or any form of asbestos other than 
chrysotile, either alone or in combination in the air at the place of work: 

0.30  fibres  per  cm3 measured  or  calculated  in  relation  to  an eight-hour 
reference period; 

concentrations  of  chrysotile fibres in  combination  with  other  forms  of 
asbestos fibre in the air at the place of work: 

A proportional figure calculated from the limit values in a) and b) taking 
account of the  proportions of chrysotile and other fibres in the mixture." 

- 9 

5. Arti c Le 9 is replaced  by the following: 

"Article  9 

The  amendments  required  to  adapt  the  annexes  of  this  Directive  to  take 
account  of  technical  progress  shall  be  made  in  accordance  with  the 
procedure described in Articles 9 and 10 of Directive 80/1107/EEC". 

Article 2 

1. 

Member States shall adopt the laws, regulations and administrative provisions 
necessary  to  comply with  this Directive  by 31  December  1992 and  shall 
forthwith inform the Commission thereof.  This  date  i s,  however,  postponed 

u n t il  31  December  1995  in  the  case  of  asbestos-mining  a c t i v i t i e s. 

The  p r o v i s i o ns  adopted  pursuant 

to  the  f i r st  subparagraph 

s h a ll 

make  express  r e f e r e n ce 

to  t h is  D i r e c t i v e. 

2. 

Member  States  s h a ll  communicate  to  the  Commission  the  p r o v i s i o ns  of 

n a t i o n al 

law  which  they  adopt 

in  the  f i e ld  covered  by  t h is  D i r e c t i v e. 

A r t i c le  3 

This  D i r e c t i ve 

is  addressed  to  the  «ember  S t a t e s. 

D o ne  at 

For  the  Council 

-  10  -

IMPACT note: Impact on competitiveness and employment 

of the proposal for a Council Directive amending Directive 

83/477/EEC on the protection of workers from the  risks 

related to exposure to asbestos at work 

I. Main justification for the measure: 

The  Council  Directive  of  19 September  1983 (1)  on  the  protection  of  workers 
from the risks related to exposure to asbestos at work makes provision in Article 
9  for  the  Council,  acting  on  a  proposal  from  the  Commission,  to  review  the 
provisions laid down in Article 3 (3) and in Article 8 before  1 January  1990. This 
is to take  into account, in particular, progress made in scientific  knowledge and 
technology and experience gained in applying this Directive. 

The review is therefore  concerned with the action level (Article 3 (3)) and limit 
values for  exposure  to  asbestos at  the place  of work  (Article  8). In  response to 
these  provisions,  the  Commission  is presenting  this  proposal  for  a  Directive  to 
the Council. 

The impact on competitiveness and employment of this proposal is limited. 

II. Obligations imposed directly on undertakings 

A  lowering  of  the  limit  values  for  exposure  to  asbestos  at  the  place  of  work, 
together  with  a parallel  revision of the action level, that  is the  concentration of 
asbestos  above  which  certain  provisions  of  the  Directive  enter  into  force, 
necessarily  imposes some constraints  on the undertakings concerned:  additional 
technical  protection  measures, provision  of  personal  protective  equipment,  etc. 
To  offset  this  it  must  be  borne  in  mind  that,  since  the  adoption  of  Directive 
83/477/EEC,  undertakings  have  had  ample  time  to  install  the  technical 
infrastructure  to  allow  them  to  tackle  the  risk  of  limiting  the  concentration  of 
asbestos fibres at the workplace. 

(1)  0J  No  L  263,  2 4 . 9 . 1 9 8 3,  p.  25. 

-  11  -

As this infrastructure has been in place since 1 January 1987, when the Directive 
entered  into  force  and  was  assimilated  into  national  law  a  lowering  of  limit 
values and of the additional action level would present undertakings with fewer 
financial  and  administrative  constraints  than  the  initial  entry  into  force  of 
Directive 83/477/EEC. 

It must be noted that, in this proposal, a distinction is made between fixing the 
action  level  and exposure  limit values  for  chrysotile  on  the  one  hand  and  for 
crocidolite and amosite on the other. As the optical microscope method set out 
in  Directive  83/477/EEC  still  applies  to  this  proposal,  there  is  no  apparent 
additional constraint imposed on undertaking by reason of this new distinction. 

As  for  prohibiting  the  use  of  detachable  or  friable  asbestos  in  building 
construction,  as put  forward  in the  proposed  Directive,  this  only  confirms  the 
state  of  affairs  which already exists in most Member States. Since  the asbestos 
cement  used  in  building  construction  and  public  works  is  excluded  from  the 
concept  of  "detachable  or  friable  asbestos",  the  economic  constraint  on 
undertakings is virtually non-existent. Furthermore, it should be stressed that the 
technical adaptation of Directive 83/477/EEC is done on the basis of minimum 
requirements (Article  118A), leaving the Member States free to introduce more 
stringent measures of they wish. If some Member States were to do so, it would 
be  difficult  to  claim  that  this  proposal  directly  imposes  constraints  on 
undertakings. 

III. Characteristics of the undertakings concerned 

Asbestos use has dropped considerably in Member States. This has changed the 
type of undertaking now called upon to work with asbestos so that the majority of 
small and medium-sized undertakings affected  by this proposal are building and 
public works  contractors,  involved  particularly  in  the  demolition  of  structures 
containing asbestos. The asbestos mining industries in Italy and Greece, and the 
industries  using  asbestos  (brakes,  high-temperature  furnaces, 
processing 
cladding, special seals, etc), generally involve bigger undertakings. 

A difficulty  lies in the fact that monitoring and controlling levels of asbestos dust 
in  small  and medium-sized  undertakings  in  the  construction  and  public works 
industries is not always easy; sites are temporary, mobile and generally  involve 
small  numbers  of  workers  (fewer  than  10).  This  difficulty  becomes  more 
significant  as  exposure  limit  values  are  lowered  and  more  people  resort  to 
personal  protective  equipment  as  the  only  certain  way  of  ensuring  that  limit 
values are complied with under variable work conditions. 

-  12  -

IV. Obligations which may be imposed indirectly on undertakings through local 
authorities 

Some Member  States specify  a nationally-recognized  laboratory to undertakings 
to carry out  measurements  of asbestos fibres at  the workplace. Compared  with 
Directive 83/477/EEC, this proposal contains no supplementary measures which 
can be directly imposed on undertakings via local authorities. 

V. Special measures for the SMEs 
No specific  exemption  or  incentive  for  the  SMEs is contained  in this proposal. 
However,  it  must  be  borne  in  mind  that  working  with  asbestos  imposes  very 
severe constraints for the safety of the public and of workers. In order to ensure 
the same level of protection for workers in all sizes of industry it would  therefore 
not be in order to allow the SMEs any flexibility. 

VI. Effects on the competitiveness of undertakings 

1. Advantages for undertakings 

The  legislation  of  some  Member  States  already  contains  lower  limit 
values for occupational exposure to asbestos than the ones set out in this 
proposal.  Denmark  and  the  Federal  Republic  of  Germany  are  in  the 
process  of  prohibiting  the  use  of  asbestos  at  the  workplace.  By 
harmonizing  the  limit  values  for  exposure  to  asbestos  in  a  binding 
manner,  those  undertakings  which  have  invested  accordingly  will  have 
no cost handicap in relation to other European undertakings. 

It  is  also  expected  that  reduction  of  limit  values  will  result  in  less  lost 
time  from  ill  health  if  exposure  to  dust  is  reduced  due  to  improved 
working condition. 

2. Disadvantages for undertakings 

The  lowering  of  the  action  levels  and  exposure  limit values,  as  set  out  in  this 
proposal could result in additional costs arising from  the technical monitoring of 
workplaces  additional  adaptation  of  them  and  possibly  from  the  purchase  of 
additional personal protective*equipment. 

-  13  -

VII Consultation with the two sides of industry 

At its plenary meeting on 28 and 29 November  1989, the Advisory Committee on 
Safety, Hygiene and Health Protection at Work asked the Commission to take its 
opinion on the proposed Directive into account. 

All  the  social  partners  agreed  to  lowering  the  limit  values  for  workplace 
exposure to asbestos. The workers' group expressed  the wish to go even  further 
by banning the use of asbestos at Community level. 

ISSN 0254-1475 

COM(90) 184 final 

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