COMMUNICATION FROM THE COMMISSION ON THE RESULTS OF THE ASSESSMENT PROVIDED FOR IN THE COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK
Date: 1996-09-05
Institutions: European Commission
Subjects: asbestos, carcinogenic substance, health risk, occupational health, workplace

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  05.09.1996 
COM(96) 426  final 

COMMUNICATION  FROM THE  COMMISSION 

ON THE RESULTS  OF THE 

ASSESSMENT PROVIDED FOR IN THE COUNCIL DIRECTIVE ON THE 

PROTECTION  OF WORKERS  FROM THE RISKS RELATED TO 

EXPOSURE TO ASBESTOS AT WORK 

S U M M A RY 

Asbestos is a particularly  hazardous agent which can cause serious illness and which is found 

in various  forms  in  a large number  of circumstances  at work.  To  combat these  dangers the 
European  Council  adopted in  September  1983 a Directive 83/477/EEC1 on the protection of 

workers  from  the  risks  related  to  exposure  to  asbestos  at  work,  which  was  subsequently 
updated  and  amended by Council Directive 91/382/EEC2. 

Article 9(1) provides for the review of the provisions of the Directive by 31 December  1995 

"taking account in particular of progress made in scientific  knowledge and technology  and of 

experience gained  in applying the Directive". 

Following the analysis of the implementation  of Council Directive 83/477/EEC, as amended 

by Council Directive  91/382/EEC, and on the basis of consultations with the Member  States 

of  the  European  Union,  the  Commission  considers  that  the  measures  provided  for  by  the 

existing Community legislation are still demonstrating their validity in the global  framework 

of the protection of the health of workers exposed to asbestos; as stressed before, the Council 

Directive 90/394/EEC on the protection of workers exposed to carcinogens, which lays down 

protection  measures which are sometimes mot stringent, completes incisively  at some points 

the Asbestos Directive. Consequently a thorough revision of Directive 83/477/EEC would be 

necessary  only  after  a  radical  change  in  policy  on  the  marketing  of  products  containing 

asbestos, in  other words if it were decided  at Community  level  to extend  prohibition  of the 

use of asbestos. 

JO L 263, 24.9.1983, p. 23 

JO L 206, 29.7.1991, p. 16 

1. 

Introduction 

Asbestos  is  a  particularly  hazardous  agent  which  can  cause  serious  illness  and 
which  is found  in various forms  in  a large number  of  circumstances at work  To 
combat these dangers the European Council adopted in September  1983 a Directive 
83/477/EEC1  on  the  protection  of workers  from  the risks related  to  exposure  to 
asbestos  at  work,  which  was  subsequently  updated  and  amended  by  Council 
Directive 91/382/EEC2. 

Article  9(1)  provides  for  the  review  of  the  provisions  of  the  Directive  by  31 
December  1995  "taking  account  in  particular  of  progress  made  in  scientific 
knowledge  and technology  and of experience gained  in applying the Directive". 

In  addition,  Article  7(1)  provides  at the  same time for  a review  of the  reference 
method for  the measurement  of asbestos in the air, described  in Annex I,  "with a 
view  to  establishing  a  single  method  for  measurement  of  asbestos-in-air 
concentrations  at Community  level". 

This Communication  refers  to the above reviews. 

2.  Overview  on  asbestos 

Mineralogical details 

The term  asbestos refers to a group of fibrous,  microcrystalline hydrated  silicates, 
of varying chemical  composition.  The four  main types of asbestos are: 

- 

chrysotile or white asbestos 
crocidolite,  or blue asbestos 

JO L 263, 24.9.1983, p. 25 

JO L 206, 29.7.1991, p. 16 

-  ^ amosite 

anthophyllite. 

There  are  two  main  mineralogical  groups  of  asbestos:  serpentine  asbestos, 
comprising chrysotile, and amphibole asbestos comprising crocidolite, amosite and 
anthophyllite. 

Chrysotile fibres vary in length up to  5 cm; crocidolite fibres  can be up to  8 cm 
in  length.  Asbestos  fibres  are  generally  much  smaller  in  diameter  than  other 
mineral  or vegetable  fibres,  and therefore  have a high length/diameter  ratio. The 
respirable  fibres,  which  are  considered  liable  to  induce  biological  effects,  are 
usually fractions of bigger fibres, with a length of more than five micrometres and 
a length/breadth  ratio greater than 3:1. 

When  fibres  small  enough to enter the  respiratory  airways  are inhaled,  they  are 
further  split  into their component fibrils,  350 angstroms or so in  diameter in the 
case of chrysotile and somewhat larger with amosite or crocidolite. 

Its fibrous  structure and chemical  composition give asbestos unique properties: it 
is resistant to  abrasion,  high temperatures  and corrosive  chemicals,  and, because 
of its low electrical  and thermal  conductivity,  it is  fireproof. 

Uses 

Asbestos  was  widely  used  in  the  past  because  of  its  physical  and  chemical 
properties and because of its relative cheapness. 

It has been claimed that there are over 3 000 uses for asbestos, although this has 
never, in fact, been properly  documented. Its main uses have included: 

1.  Asbestos-cement  sheets and wall  boards (buildings,  work  surfaces,  housings 

and electrical  equipment) 

2.  Asbestos-cement pipes (water, gas, special  fluids,  sewage) 
3.  Asbestos thread (textiles, tape, seals, friction  disks, flexible  hose, etc.) 

.Asbestos cloth  (mattresses,  sheeting,  clothing,  gloves, conveyor belts,  etc.) 

4. 
5.  Asbestos felt  (noise  insulation) 
6.  Asbestos card  (insulation,  coating,  cladding, etc.). 
7.  Asbestos board  (flameproof  cladding,  seals for  chemical  containers,  etc.) 
8.  Raw asbestos (mixed  with  other  substances for  insulation). 

At present the biggest use of asbestos remains in the production of asbestos-cement 
pipes.  Most  other  uses have been  replaced. 

Substitutes 

Asbestos is difficult  to replace and each new technology of substitution  necessitates 
expense  and  research. 

Because  no  natural  mineral  fibres  are  as readily  utilised  as asbestos,  until  a  few. 
years ago efforts  to find  a substitute were therefore  confined  to man-made  fibres. 
It may  seem  illogical, from  the  safety  angle, to replace a fibrous  material  such  as 
asbestos  with  a  fibrous  equivalent,  but  only  fibrous  structures  give  materials 
refractory  and  abrasion  resistance properties. 

Indeed  a  1993 WHO Environmental  Health  Criteria  Report (IPCS  -  International 
Programme on Chemical  Safety)  recommends that  "all fibres  which  are respirable 
and biopersistant  must undergo testing  for  toxicity  and  carcinogenicity.  Exposure 
to  these  fibres  should  be  controlled  to  the  same  degree  as  required  for  asbestos 
until  data are available  supporting  a less degree  of control". 

For  some years  now,  interest  has focused  on  a  number  of  chemicals  capable  of 
producing a compact non-fibrous  material, which is particularly  useful  for thermal 
and  noise  insulation.  However,  more  is  known  about  man-made  mineral  fibres 
(MMMF)  and  their  industrial  applications  are  tried  and  tested.  Examples  are 
mono- and polychrystalline glass fibres. In general two categories are distinguished: 
insulating wool  (glass wool, rock wool, slag wool) and refractory  fibres  (ceramics 
and alumina). 

There  is  still  some  doubt  as to  the  health  risk  posed  by  man-made  mineral  fibres 

for  workers  exposed  to  (hem,  and  epidemiological  studies  are  not  conclusive  at 

present.  The  activities  intended  to  classify  MMMF  at  Community  level,  in  the 

framework  of  the  Directive  67/548/EEC\  are  in  progress  (see  6 a). 

3.  Asbestos-related  diseases 

The  group  of  diseases  known  to  be  caused  by  asbestos  includes  pulmonary  and 

pleural  fibrosis  and  cancer  of  the  lungs,  pleura  and  peritoneum. 

Diffuse  interstitial  fibrosis  of the lung (or asbestosis) has been  associated  with 

exposure  to  asbestos  from  the  1930s;  it  is  a  chronic  progressive  disease 

leading  to  respiratory  failure  which  can  cause  death. 

The  development  of  asbestosis  depends  chiefly  on  the  quantity  of  fibres 

inhaled,  which  is  related  to  the  intensity  and  duration  of  exposure.  Smoking 

seems to  aggravate  the biological  action  of  asbestos. 

Lung  cancer,  which  can  occur  many  years  after  exposure  (latency  up  to 

20 years),  is  the  second  most  frequent  cause  of  death  due  to  asbestos 

exposure. 

There  is  no  comparative  scale  of  the  lung  cancer  risk  associated  with  the 

different  types  of  fibre;  however,  recent  studies  have  shown  that  amphibole-

type fibres  are more harmful  than  chrysotile.  The incidence  of  lung  cancer  is 

also dose-related; in epidemiological  terms, the more fibres  inhaled, the higher 

the  incidence. 

The  combined  effect  of  cigarette  smoking  and  exposure  to  asbestos  is one  of 

the better studied examples of the synergy of occupational  factors and personal 

habits;  for  smoking/asbestos  relationships, 

the  most  accredited 

is 

the 

multiplicative  model.  Taking  into  account  that  smoking  by  itself  causes  a 

JO  196,  16.8.1967, p. 1 

-major  increase  in  lung  cancer,  scientific  data  seem  to  demonstrate  that  in  a 

worker who smokes and who is also exposed  to asbestos that already high risk 

is enormously  increased,  one  in  five  death  being  attributable  to  lung  cancer. 

Cancers of the pleura and peritoneum  (or mesothelioma) generally  take longer 

to  appear  after  initial  exposure  than  tumours  of  the  lung  (over  25  years  in 

some  cases).  That  means  that  in  the  following  ten  years  we  will  continue  to 

be faced  to the results of the higher  levels of  asbestos concentration  in the  air 

existing  before  the  adoption  of  the  83/477/EEC  Directive. 

In general,  epidemiological^,  the risk  levels seem  to be,  in  descending  order, 

crocidolite  and  amosite  (two  amphibole  types  of  asbestos),  followed  by 

chrysotile  and  anthophyllite  (another  amphibole). 

The existence of a dose response relationship  for  mesothelioma  is less evident 

and  open  to debate,  mainly  because the  assessment  of the  effect  of low  doses 

of asbestos  on the induction  of this type of cancer  lends itself  to  considerable 

uncertainties. 

4.  Community  legislation 

Asbestos, with  no distinction  between  the various types, is listed  in Annex  I of the 

Council  Directive  67/548/EEC  "on  the  approximation  of  laws,  regulations  and 

administrative  provisions  relating  to the  classification,  packaging  and  labelling  of 

dangerous  substances",  and  classified  as  a  "Category  1 carcinogenic  agent"  with 

the  phrase risk R45. 

A substantial  body  of legislation  has been  adopted  by  the Council,  on the basis  of 

proposals  from  the Commission,  to limit  the health  risks of  exposure  to  asbestos, 

and  a  strategy  of  protection  has been  put  in  place  at  several  levels: 

-  ^restriction of entry onto the market of asbestos and products containing  it and 
of  its  use  (Council  Directive  83/478/EEC4  and  85/610/EEC5;  Commission 
Directive  91/659/EEC6V 

reduction  of  the  exposure  levels  as  well  limitation  of  use  at  workplace  (see 

below) 

prevention  and  reduction  of  environmental  pollution,  including  control  on 
wastes containing asbestos (Council Directives 78/319/EEC7 and 87/217/EEC8) 

rules  for  import/export  of  certain  dangerous  chemicals,  among  whose 

crocidolite  (Council  Regulation  1734/88*1 

The  Commission  has  launched  studies  on  the  asbestos  industry  and  on  the 

industries  producing  fibres  which  can  substitute  for  asbestos.  The  Commission 

intends  to  review  the  present  Directive  on  restrictions  for  marketing  and  use  of 

asbestos  on the basis  of  this  work. 

The actions  carried out up to now in the field  of environment,  internal  market and 

workers'  protection  are  complementary,  even  if  it  must  be  stressed  that  the 

protection  of  workers  exposed  to  the  inhalation  of  asbestos  fibres  is  not  strictly 

speaking related to the policies  concerning the restriction  or prohibition  of the use 

of  products  containing  these  fibres;  in  fact,  even  if,  all  use  of  asbestos  were 

prohibited,  some  categories  of  workers would  still  be exposed  to the inhalation  of 

the  fibres  because  products  containing  it  would  still  be  present  (for  example, 

asbestos-cement  sheets,  cladding,  textiles,  etc.)  or because  they  were  involved  in 

maintenance  or removal  (e.g.  renovation  of  buildings). 

JO L 263, 24.9.1983, p. 33 

JO L 375, 31.12.1985, p. 1 

JO L 363, 31.12.1991, p. 36 

JOL84,  31.3.1978, p. 43 

JO L 85, 28.3.1987, p. 40 

JO L 155, 22.6.1988, p. 2 

The- Communication  concerns  particularly  the  protection  of  workers,  which  is 
specifically  regulated at Community level by a) the Council Directive 83/477/EEC, 
as  amended  by  the  Council  Directive  91/382/EEC,  on  the  protection  of  workers 
from  the risks related to exposure to asbestos at work and b) the Council  Directive 
90/394/EEC.  on  the  protection  of  workers  from  the  risks  related  to  exposure  to 
carcinogens  at work. 

a) 

In view  of the risks of exposure to asbestos, as described  above, the Council 
Directive  83/477/EEC  stresses  the  need  for  preventive  measures  and  the 
commitment  of  the  Member  States.  This  Directive  applies  to  all  exposed 
workers, with  the exception  of those in  sea or air transport. 

It requires that  in the  case of  any  risk  activity,  the risk must  be assessed  "to 
determine  the  nature  and  degree  of  the  workers'  exposure"  and  that  this 
assessment  will  be the  subject  of  consultation  with  the  workers  and/or  their 
representatives  and  "shall  be  revised  where  there  is  reason  to  believe  that  it 
is incorrect  or there is a material  change in the work". 

The  activities  in  which  workers  are  or  may  be  exposed  are  subject  to  a 
notification  system  administered  by  the responsible  authority  of the Member 
States  It  is interesting  to note that  the Directive  prohibits  the application  of 
asbestos by means of the spraying process as well the working procedures that 
involve  using  low-density  insulating  or  soundproofing  materials  which 
contains asbestos. 

One  crucial  measure  is  the  establishment  of  exposure  limit  values.  The 
Directive  prescribes  0.6  fibres  per  cm3 measured  or  calculated  in  relation  to 
an  eight-hour  reference  period  for  chrysotile,  and  0.3  fibres  per  cm3 for  all 
other  forms  of  asbestos,  either  alone  or  in  mixtures,  including  mixtures 
containing chrysotile. A reference method and measurement procedure are laid 
down. 

Although important,  compliance with the limit value is only  one of the many 
measures provided  for  in the Directive  ; others  include the restriction  of  the 

-numbers  of  workers  exposed,  appropriate  design  of  work  processes,  proper 

cleaning  of  work  areas,  information,  medical  surveillance,  etc. 

Specific  measures  are  also  requested  for  workers  involved  in  the  demolition 

work  or  in  work  on  removing  asbestos  and/or  asbestos-containing  products 

from  buildings,  structures,  plant or installations  or from  ships. 

The  Directive  allows  employers  not  to  apply  certain  provisions  where  the 

asbestos-in-air  concentration  is  below  1/3  of  the  above  limit  values  and/or 
lower than a cumulative  dose  of  12.00 fibre/days per cm3 over a three-month 
period  for  chrysotile  and  of  6.00  fibre/days  for  other  forms  of  asbestos  or 

mixtures. 

b)  The  Directive  90/394/EEC10 has  as its  aim  the  protection  of  workers  against 
risks to their health  and safety,  including the prevention  of  such risks, arising 

or likely  to  arise  from  exposure  to  carcinogens  at work. 

As  at the time  of  its  adoption,  asbestos  was  not yet  classified  and  labelled  at 

Community  level  as  carcinogen,  the  Directive  was  not  to  be  applied  to 

workers  exposed  to  these  fibres. 

Since  1991, when  all  forms  of  asbestos  were  classified  as  carcinogens  in  the 

framework  of  the  Council  Directive  67/548/EEC,  the  Directive  90/394/EEC 

is  in  principle  to  be  applied  also  to  the  workers  exposed  to  asbestos.  As  the 

Directive  on  asbestos  is  still  in  force,  the  Directive  90/394/EEC  is  to  be 

applied  only  where  measures  are more  stringent  then  in  83/477/EEC. 

Among  the  provisions  of  the  Directive  90/394/EEC  which  are  to  be 

considered,  the  principles  of  substitution  of  a  carcinogen  with  a  substance 

which  is  not  dangerous  or less  dangerous  to  the  health  at workers  has  to  be 

pointed  out.  This  is  the first  measure  that  employers  have to  consider,  when 

technically  possible. 

10 

JO L 196, 26.7.1990, p. 1 

10 

This  provision  has  to  be  analyzed  very  carefully  in  order  to  get  enough 

knowledge  of  the  substitute  as  far  as  its  hazard  for  health  is  concerned;  this 

exercise  takes  sometimes  very  long  time,  as  it  is  demonstrated,  for  instance, 

by  the current  difficulties  on the classification  of  man-made mineral  fibres at 

Community  level. 

5.  Other  Community  activities 

The  initiatives  of  the Commission  have  not been  only  concerned  with  legislation. 

During  the  period  prior  to  the  adoption  of  the  Directive  83/477/EEC,  the 

Commission  was  advised  on  the  need  to  stimulate  the  establishment  of  a 

mesothelioma  register  in  those  countries  of  the  EEC  where  none  exists,  "in 

accordance  with  criteria  and  procedures  agreed  upon  by  a panel  of  pathologists". 

In  replying  to  this  advice,  the  Commission  set  up in  1977  a Mesothelioma  Panel 

comprising  pathologists  from  each  Member  State  whose  main  task  was  to 

standardize the pathological  diagnosis of mesothelioma by exchange of  information 

between  members  of  national  Panels. 

This  information  has  been  made  available  in  the  publication  "A  colour  Atlas  of 

Mesothelioma",  which  illustrated  the macroscopic  and microscopic  criteria  for  the 

diagnosis  of  mesothelioma.  The  Panel  embarked  also  on  a programme  to  explore 

new  diagnostic  methods,  particularly  of  histochemical  and  immunohistochemical 

techniques  which  might  assist  pathologists  in  coming  to  concise  conclusions, 

particularly  with  respect  to  small  biopsy  samples  during  life. 

This  Panel  exists  today  and  continues  to  be  of  assistance  to  national  panels. 

However during  1996-1997 the Commission intends to redefine the mandate of the 

Panel  to  improve  its  role  in  relation  to national  registers. 

This  activity  is  complemented  by  the  action  currently  carried  out  by  the 

Commission  on the harmonization  of European  statistics on occupational  diseases. 

11 

This action was launched  in  1991 and has culminated  in  1995 with  a pilot pçoject 
covering 31 items of the European  Schedule recognised  in the year  1995 in all the 
Member  States of the European  Community  Among the 31 items are  included: 

Asbestosis 
Mesothelioma  following  the inhalation  of asbestos dust 
Complication  of asbestosis in the form  of bronchial  cancer. 

The evaluation  of the data obtained  in the pilot  study will  start in  1996. Although 
the main aim of this action is to reorientate future  work in the field  of comparable 
statistics in the European  Community, the data obtained for  the three above items 
will  be extremely  useful  for  setting the magnitude  of the health  hazard  posed  by 
asbestos. 

"The Commission is currently funding  a research proposal on mesothelioma within 
the Biomedical  and  Health  Research  Programme,  which  runs until  30 November 
1996.  Its  title 
is  "A  Multicentric  Case  Reference  Study  on  Malignant 
Mesothelioma,  Environmental  Asbestos  Exposure  and  Risk  Factors  other  than 
Asbestos", and it brings together 25 teams from  Belgium, Denmark, Greece, Italy, 
Spain,  Sweden  and  Switzerland". 

6.  Âtt&ul&jaO!^^ 

Between  1993  and  1994,  the  Commission  organized  two  meetings  with 
representatives  of the Members  States in  order to discuss some points relevant  to 
a  possible  second  amendment  of  Directive  83/477/EEC.  The  following  subjects 
were  discussed: 

a)  possibility  of proposing  a joint Directive  on asbestos and  man-made  mineral 

fibres  (MMMF), 

b)  exposure limit values for  asbestos, 
c)  method  for  measuring the asbestos-in-air  concentration  at the workplace, 
d)  prohibition  on use. 

A summary  of the  discussions is given  below: 

12 

a)  The delegations were in general  opposed to a joint Directive,  mainly  because 
of the  difficulty  of  extending  the  Asbestos  Directive,  in  its present  form,  to 
cover the wide variety of man-made mineral  fibres  and the prevention  of the 
risks associated  with them. 

Many  Member  States  have  already  introduced  measures  which  apply 
specifically  to workers exposed to MMMF, with  occupational  exposure limit 
values generally  of around  1 fibre/ml  for  ceramic fibres  and between  1 and 5 
fibres/ml for  the other  fibres. 

The  results  of  discussions  on  the  classification  of  man-made  mineral  fibres 
(Council  Directive  67/548/EEC)  are  of  particular  interest  to  the  Member 
States; after numerous postponements, because of the extended discussions, the 
Committee  for  Adaptation  to  Technical  Progress  created  under  Directive 
67/548/EEC  is  not  expected  to  take  a  decision  on  this  classification  until 
sometime in  1996. Pending this decision, however, some Member States have 
already  classified  MMMF as carcinogens,  as a precautionary  measure, on the 
basis of  the  classification  adopted  by  the International  Agency  for  Research 
on Cancer  (IARC) in Lyon. 

The  delegations  supported  the  involvement  of  the  Scientific  Committee  for 
Occupational  Exposure  Limits  to  Chemical  Agents,  recently  established 
officially  by  Commission Decision  95/320/EC11 of  12 July  1995. 

b)  Adherence to the occupational  exposure limit values must be regarded as only 
one of the preventive measures to be taken, albeit an important one. According 
to the latest epidemiological  findings,  the level  of protection  provided  for by 
Directive 83/477/EEC  as amended by Directive 91/382/EEC  still  seems to be 
adequate,  at  least  against  the  risk  of  asbestosis  and  lung  cancer.  For 
mesothelioma,  there is no level  which  can be regarded  as  safe. 

JO L  188, 9.8.1995, p. 14 

13 

*Some  Member  States  apply  values  even  lower  than  those  specified  in  the 
Council  Directive,  i.e.  between  0.15  and  0 5  fibres/cm3  for  chrysotile  and 
about 0.1 fibres/cm3  for  amphiboles  (see indicative table). 

r 

Austria 

Belgium 

Denmark 

Finland 

\  France 

Germany 

Greece 

Ireland 

Italy 

Luxembourg 

Netherlands 

Portugal 

Spain 

Sweden 

h 

United Kingdom 

European Union  (1991) 

Chrysotile 

Other  forms 

0.15 

0.5 

0.3 

0.3 

0.3 

0.15 

1.0 

0.6 

0.6 

0.6 

0.3 

0.6 

0.6 

0.2 

0.5 

0.6 

0.15 

0.15 

0.3 

0.3 

0.1 

0.15 

0.5 

0.3 

0.2 

0.3 

0.1 

0.3 

0.3 

// 

0.2 

0.3 

Table:  Occupational  Exposure  Limit  values  for  Asbestos  in  Member  States 
(fibre/cm3) 

c)  The  method  generally  preferred  for  measuring  fibres  is  the  phase  contrast 
optical  microscope,  as  specified  in  Annex  I  of  Directive  83/477/EEC.  The 
electron  microscope was preferred  by one particular  delegation, but  although 
its use is more or less obligatory for concentrations below 0.2 fibres/ml, it has 
quite a number of disadvantages: technical (type of fibre not easily  identifiable 

14 

-if the microscope is not equipped  with a spectrophotometer),  economic (high 
cost  of  readings,  approximately  ECU  350  a  time)  and  practical  (limited 
availability  both  of the equipment  itself  and  of personnel  trained  in  its use). 

Over the last two years, the Commission has collaborated on a project  run by 
the World Health Organisation  in Geneva to define  a "Recommended  method 
for the determination of airborne fibre number concentration by phase contrast 
optical  microscopy  (membrane  filter  method)"  which  could  be  used  for  all 
fibres, both natural and man-made, present in the atmosphere at the workplace. 

The document, now being published, was approved by all the delegations and 
could therefore  be used as a "single method  for the measurement of asbestos-
in-air  concentrations". 

d)  Prohibitions  on  use  are  clearly  subject  to  the  existing  Council  Directives 
(76/769/EEC12,  as amended  in  1983 and  1985) relating to restrictions  on the 
marketing  and  use  of  products  containing  asbestos.  Irrespective  of  any 
development in this area (controlled use or prohibition with exceptions), many 
Member  States already  prohibit the use of asbestos almost entirely,  with one 
or two specific  exceptions (some countries adopted this policy  as early as the 
1970s). 

The representative of Member States did not feel  that it is necessary at present 
to  prohibit  more  activities  than  those  which  are  indicated  in  the  existing 
Directive. 

12 

JO L 262, 27.9.76, p. 201 

15 

CONCLUSIONS 

Following  the  analysis  of  the  implementation  of  Council  Directive  83/477/EEC,  as 
amended  by  Council  Directive 91/382/EEC,  and  on the basis of consultations with  the 
Member  States of the European  Union, the Commission  considers that: 

the  measures  provided  for  by  the  existing  Community  legislation  are  still 
demonstrating their validity in the global framework  of the protection of the health 
of  workers  exposed  to  asbestos;  as  stressed  before,  the  Council  Directive 
90/394/EEC on the protection of workers exposed to carcinogens, which lays down 
protection  measures  which  are  sometimes  mor  stringent,  completes  incisively  at 
some points the Asbestos Directive. Consequently  a thorough revision of Directive 
83/477/EEC  would  be  necessary  only  after  a  radical  change  in  policy  on  the 
marketing  of  products  containing  asbestos,  in  other  words  if  it  were  decided  at 
Community  level  to extend  prohibition  of the use of asbestos. 
In  this  case  the  Directive  might  then  concentrate  in  the  specific  and  limited 
situation  where it is likely  that workers would  still  be exposed  to asbestos. 

The  existing  Directive  requires that  each  employer  assess the risk in  the  case of 
any  activity  likely  to involve the risk of  exposure to asbestos. 

All employers may be concerned by this evaluation because the dangers of asbestos 
are  not  simply  limited  to  workers  in  mines  or  in  enterprises  which  manufacture 
asbestos  products.  They  extend  to  workers  manipulating  such  products  and  to 
workers who  may unexpectedly  encounter  asbestos  in buildings  (or  in  products), 
for  example  electricians,  plumbers  and  other  service employees. 

In fact there are several recent studies demonstrating that past exposure to asbestos 
in  such  categories  of worker will  regrettably  and  inevitably  lead  to illness. 

The Commission has followed with interest the solutions found  in certain Member 
States  to  this  problem.  These  solutions  involve  employers  or  in  some  case 
proprietors  of buildings with the obligation to search for  the presence  of asbestos 
in their premises. 

16 

The-Commission believes that the approach offers  certain advantages. On thepther 
hand for  small  enterprises which may occupy  older premises the procedures could 
be a financial burden. 

The  Commission  invites  Member  States  to  reflect  on  this  issue  and  intends  to 
consider the necessity for Community action in a further  review which it will carry 
out before  the year 2000. 

as far  as the occupational  exposure limit values are concerned,  more than  half of 
the  Member  States  have  adopted  figures  up  to  75%  less  than  the  "minimum 
requirements" prescribed by the Directive. Given that there is no agreement on the 
minimum  exposure  which  can  protect  against  lung  cancer  and  mesothelioma  the 
Commission  intends  to  pursue  a  policy  of  further  reduction  to  these  limits. 
However,  it  has to  be  reiterated  that  these  illnesses  were  in  the  main  contracted 
before  the  1983  Directive  was  in  place  and  when  levels  of  exposure  were 
considerably  higher. The benefits to health of even the first improvements in  1983 
are  not  yet  come to  fruition,  and  the  added  benefit  of  further  changes  has to  be 
assessed  on the basis of modern  scientific  and technico-economic data. 

Nevertheless, the Commission has undertaken a number of enquiries with interested 
parties which have suggested that a limit for  chrysotile of 0.3 fibres/cm3 would be 
technically  achievable. 

At lower levels the method  of measurement  becomes inaccurate and would  cause 
considerable  technical  difficulties.  As indicated  before,  the  advantages  of  such a 
diminution  have yet to be fully  evaluated  scientifically,  although  without  doubt a 
reduction  in exposure must be considered  advantageous. 

The Commission will consult widely over the coming period in order to define the 
need  for  further  change  to  the  Directive  and  will  be  assisted  by  its  Scientific 
Committee**. 

*)  This action by the Committee  would be parallel  to a analogous activity  on values 

for  man-made  mineral  fibres,  which  is planned  to start soon. 

17 

For other  forms  of asbestos or  for  mixtures  (including  those  with  chrysotile)  there 

is  no  obvious  agreement  un  a  suitable  lower  figure  which  is  at  the  time 

scientifically  valid  and  technically  achievable  although  figures  in  Member  States 

vary  from  0.1  to  0.3  (the  European  Community  existing  value) 

as  soon  as  the  current  review  is  completed,  the  Commission  will  then  Lake  the 

appropriate  steps during  1996-1997,  in cooperation  with  Member  States, to amend 

the  Annex  1  (Reference  method  for  measurement  of  asbestos  in  air)  to  this 

Directive  to  take  into  account  the  method  adopted  by  the  World  Health 

Organisation.  That  would  be made in  accordance with  the procedure  described  in 
Articles  9  and  10  of  Council  Directive  80/1107/EEC13  (adaptation  to  technical 
progress). 

13 

JO L327,  3.12.1980,  p. 8 

-1? 

ISSN 0254-1475 

COM(96) 426  final 

DOCUMENTS 

EN 

04  05  14 

Catalogue number  :  CB-CO-96-420-EN-C 

ISBN  92-78-07920-0 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg