Re-examined proposal for a Council Directive amending for the first time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 1997-04-28
Institutions: European Commission
Subjects: cancer, carcinogenic substance, health risk, occupational safety, working conditions

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 28.04.1997 
COM(97)  191 final 

95/0229  (SYN) 

Re-examined proposal for a 

COUNCIL DIRECTIVE 

amending for the first time Directive 90/394/EEC on the protection of workers 
from the risks related to exposure to carcinogens at work (Sixth individual 
Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) 

(presented  by the Commission  pursuant  to Article  189 c (d) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

The initial proposal for this amendment to the Directive was presented by the Commission to 
the Council on 14 September 19951. 

The main aims are the removal of the existing exclusion in Directive 90/394/EEC of a whole 
series  of  preparations  containing  carcinogens  and  the  laying  down  of  a  limit  value  for 
occupational exposure to benzene, a well-known carcinogen.. 

The  European  Parliament  at  its  second  reading  proposed  11  amendments  to  the  common 
position adopted by the Council on 2 December 19962 

The  Commission  agreed  on  one  amendment,  which  intends to  advance the  date  by  which 
Member States shall bring into force the provisions necessary to comply with this Directive. 

This re-examined proposal contains the above amendment and is presented by the Commission 
under the terms of Article 189 C(d) of the Treaty. 

1  OJ 317, 28.11-95, p. 16 

2  OJC6, 9.1.97, p. 15 

Re-examined proposal for a 

COUNCIL  DIRECTIVE 

amending for the first time Directive 90/394/EEC on the protection  of workers 
from  the risks related  to exposure to carcinogens  at work (Sixth  individual 
Directive within  the meaning of Article 16 (1) of Directive  89/391/EEC) 

PREVIOUS  TEXT 

AMENDED  TEXT 

Citations, recitals and Article  1 unchanged 

Article  2.1 

Member  States  shall  bring  into 
force  the  laws,  regulations  and 
administrative 
provisions 
necessary  to  comply  with  this 
Directive  not  later  than  ...  (*) 
shall 
the 
Commission thereof. 

forthwith 

inform 

1.  Member  States  shall  bring  into 
force  the  îaws,  regulations  and 
administrative 
provisions 
necessary  to  comply  with  this 
than  31 
Directive  not 
December 
shall 
forthwith  inform  the  Commission 
thereof 

later 
1998.  They 

When Member  States adopt  these 
provisions,  they  shall  contain  a 
reference to this Directive on shall 
be accompanied by such reference 
on  the  occasion  of  their  official 
publication.  The  methods  of 
making  such  reference  shall  be 
laid down by the Member States. 

When Member  States  adopt  these 
provisions,  they  shall  contain  a 
reference to this Directive on shali 
be accompanied by such  reference 
on  the  occasion  of  their  official 
publication.  The  methods  of 
making  such  reference  shall  be 
iaid down by the Member States. 

(*)  Three  years  after  adoption  of  this 

Directive 

Article 2.2 and Article 3 unchanged 

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

1. 

Amendment No  1 (concerning recital No  2  a(new)) 

The  Council  has  already  rejected  this  recital  because  it  refers  to  a  Commission's 
communication on which the Council was not consulted. 

2. 

Amendment No  2 (concerning recital No  8 a(new)) 

The simplification of the current procedure (Article  118 A) is unlikely to be accepted 
by  the  Council,  given  the  political  implications  in  the  setting  of  limit  values  for 
carcinogens which can never give complete protection. 
Additionally, this amendment gives rise to no legal follow-up in the text. 

Amendment  No  3 (concerning  recital No  8 b(new)) 

As for N° 2, this amendment gives rise to no legal follow-up in the text. However the 
Commission accepts the idea to keep up to date the priority list, bearing in mind that 
data are not available for aU carcinogens. 

Amendment No  4 (concerning recital No  9 a(new)) 

The  Council  already  rejected  this proposal.  Given the  complexity  of  determing and 
monitoring such limit values in practice, and taking into account of the binding nature 
of  these  values,  it  was  felt  more  appropriate  to  await  the  presentation  by  the 
Commission of figure for specific substances. 

Amendment  No  5 (concerning recital No  9 b(new)) 

In this case also there is no legal  follow  up in the text.  However  (see  amendment  3) 
these compounds can be included in the list as a matter of priority. 

Amendment No  6 (concerning  recital No  10 a(new)) 

The Council already rejected this recital which refers to a Directive only dealing with 
environmental protection. 

Amendment No  7 (concerning Article  1.2 b) 

This  definition  is  not  necessary,  because  it  would  contrast  with  an  already 
internationally accepted terminology. 

8. 

Amendment No  8 (concerning Article  1.2 c (new)) 

(see amendment 4) 

9. 

Amendment No  9 (concerning Article  1.6 table A) 

Transitional measures are needed in order to allow sectors of activities to comply with 
the Directive. 
For the most part the Member States apply currently limit values much higher than 3 
ppm and it is not unreasonable to give a delay for adaptation by industry to this new 
strict limit. 

10.  Amendment No  10  (concerning Article  1.6 after table B  (new)) 

No Community methods exist at this moment. Member States apply suitable methods. 
The  Commission  is  to  investigate  the  possibility  of  a  single  method  of  analysis  at 
Community level, but this cannot be presented at this moment. 

4 

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