Amended proposal for a Council Directive amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work
Date: 1998-11-13
Institutions: European Commission
Subjects: cancer, carcinogenic substance, occupational health, occupational safety, wood industry

16.12.98

EN

Official  Journal  of  the  European  Communities

C  392/11

II

(Preparatory  Acts)

COMMISSION

time  Directive
Amended  proposal  for  a  Council  Directive  amending  for 
90/394/EEC  on  the  protection  of  workers  from  the  risks  related  to  exposure  to  carcinogens  at
work(cid:216)(˛)

the  second 

(98/C  392/09)

(Text  with  EEA  relevance)

COM(1998)  665  final  -  98/0093(SYN)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  13  November
1998)

(˛)(cid:217)OJ  C  123,  22.4.1998,  S.  21.

INITIAL  PROPOSAL

AMENDED  PROPOSAL

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard  to  Council  Directive  90/394/EEC  of  28
June  1990  on  the  protection  of  workers  from  the  risks
related 
to  carcinogens  at  work(cid:216)(˛),  as
amended  for  the  first  time  by  Directive  97/42/EC(cid:216)(ˇ),

to  exposure 

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

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty

Whereas  Article  118A  of  the  Treaty  provides  that  the
Council  shall  adopt,  by  means  of  directives,  minimum
requirements  for  encouraging  improvements,  especially
in  the  working  environment,  to  ensure  a  better  level  of
protection  of  the  safety  and  health  of  workers;

imposing  administrative,  financial  and 

Whereas,  under  the  terms  of  Article,  such  directives  are
to  avoid 
legal
constraints  in  a  way  which  would  hold  back  the  creation
and  development  of  small  and  medium(cid:220)sized  under(cid:220)
takings,

(˛)(cid:217)OJ  L  196,  26.7.1990,  p.  1.
(ˇ)(cid:217)OJ  L  179,  8.7.1997,  p.  4.

C  392/12

EN

Official  Journal  of  the  European  Communities

16.12.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

Whereas  germ  cell  mutagens  are  substances  that  can
cause  a  permanent  change  in  the  amount  or  structure  of
the  genetic  material  of  a  cell  resulting  in  a  change  in  the
phenotypic  characteristics  of  that  cell,  which  may  be
transferred  to  descendent  daughter  cells;

Whereas  because  of  their  mechanism  of  action  germ  cell
mutagens  are  likely  to  have  carcinogenic  effects;

Whereas  vinyl  chloride  monomer 
category 
1 
67/548/EEC;

carcinogen 

is  classified  as  a
under  Council  Directive

Whereas,  for  the  sake  of  consistency  and  clarity,  the
essential  provisions  of  Council  Directive  78/610/EEC  on
the  approximation  of  the  laws,  regulations  and  adminis(cid:220)
trative  provisions  of  the  Member  States  on  the  protection
of  health  and  safety  of  workers  exposed  to  vinyl  chloride
monomer  should  be  included  in  this  Directive,  without
reducing  the  level  of  protection  of  the  health  and  safety
of  workers;

Whereas  Council  Directive  78/610/EEC  can  be  repealed
after  the  entry  into  force  of  this  Directive;

Whereas  the  carcinogenicity  of  oak  and  beech  dusts  has
been  confirmed  in  epidemiological  studies  on  workers
exposed;  whereas,  a 
large  number  of  workers  are
exposed  to  a  potential  health  risk;

Whereas  the  carcinogenicity  of  oak  and  beech  dusts  has
been  confirmed  in  epidemiological  studies  on  workers
exposed;  whereas  it  is  highly  probable,  that  other  types
of  hardwood  dust  can  also  cause  cancer  in  humans;
whereas  therefore  many  workers  are  exposed  to  a  serious
potential  risk  of  developing  cancer;

Whereas  the  precautionary  principle  should  be  applied  in
the  protection  of  workers’  health;  whereas  therefore
Directive  90/394/EEC  should  be  extended  to  cover  all
types  of  hardwood  dusts;

whereas  further  research  is  desirable  in  to  the  carcinoge(cid:220)
nicity  of  other  woods  dusts;  whereas  the  Commission  is
to  bring  forward  proposals  to  protect  the  health  of
workers  where  a  risk  is  identified;

Whereas  Article  16  of  Directive  90/394/EEC  makes
provision  for  the  establishment  of  exposure  limit  values
in  respect  of  all  carcinogens  for  which  this  is  possible,  on
the  basis  of  the  available  information,  including  scientific
and  technical  data;

16.12.98

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Official  Journal  of  the  European  Communities

C  392/13

INITIAL  PROPOSAL

AMENDED  PROPOSAL

Whereas  workers  must  be  effectively  protected  from  the
risks  of  developing  cancer  as  a  result  of  occupational
exposure  to  wood  dust;  whereas  the  objective  of  this
Directive  is  not  to  restrict  the  use  of  wood  either  by
replacing  wood  with  other  materials  or  by  replacing  the
use  of  certain  type  of  wood  with  other  types  of  wood;

Whereas  it  is  appropriate  to  fix  such  limit  values  for
wood  dust;  whereas  the  current  limit  values  for  vinyl
chloride  monomer  should  be  reduced  to  reflect  best
minimum  standards  for  technological  practices  which
reflect  feasibility  factors  while  maintain  the  aim  of
ensuring  the  health  of  workers  at  work;

Whereas  the  respect  of  the  minimum  requirements  on
the  protection  of  health  and  safety  of  workers  from  the
specific  risks  related  to  carcinogens  aims  not  only  to
ensure  the  protection  of  the  health  and  safety  of  each
individual  worker  but  also  to  provide  a  level  of  minimum
protection  of  all  workers  in  the  Community;

Whereas  a  consistent  level  of  protection  from  the  risks
related  to  carcinogens  has  to  be  established  for  the
Community  as  a  whole  and  whereas  that 
level  of
protection  has  to  be  set  by  a  framework  of  general  prin(cid:220)
ciples  to  enable  Member  States  to  apply  the  minimum
requirements  consistently;

Whereas  this  amendment  constitutes  a  practical  aspect  of
the  realisation  of  the  social  dimension  of  the  internal
market;

to  Decision  74/325/EEC(cid:216)(˛), 

Whereas,  pursuant 
the
Advisory  Committee  on  Safety,  Hygiene  and  Health
Protection  at  Work 
the
Commission  with  a  view  to  drawing  up  proposals  in  this
field,

to  be  consulted  by 

is 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Directive  90/394/EEC,  as  amended  for  the  first  time  by
Directive  97/42/EC,  is  hereby  amended  as  follows:

1.(cid:217)Article  1.4  shall  be  replaced  by  the  following:

"As  regards  asbestos,  which  is  dealt  with  by  a  specific
Directive,  the  provisions  of  this  Directive  shall  apply
when  they  are  more  favourable  to  safety  and  health  at
work.’

(˛)(cid:217)OJ  L  185,  9.7.1974,  p.  15.  Decision  as  last  amended  as  a

result  of  the  1994  Act  of  Accession.

C  392/14

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Official  Journal  of  the  European  Communities

16.12.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

2.(cid:217)Items  5  to  7  shall  be  added  to  Annex  I

"5.(cid:217)Work  involving  exposure  to  wood  dusts  from  the

"5.(cid:217)Work  involving  exposure  to  all  hardwood  dusts.

following  species:  beech  and  oak.

6.(cid:217)A  substance  which  meets  the  criteria  for  classifi(cid:220)
cation  as  a  category  1  or  2  mutagen  set  out  in
Annex  VI  to  Directive  67/548/EEC;

7.(cid:217)A  preparation 

composed  of  one  or  more
substances  referred  to 
in  point  (6)  where  the
concentration  of  one  or  more  of  the  individual
substances  meets  the  requirements  for  concen(cid:220)
tration  limits  for  the  classification  of  a  preparation
as  a  category  1  or  2  mutagen  set  out  either:

-(cid:217)in  Annex  I  to  Directive  67/548/EEC,  or

-(cid:217)in  Annex  I  to  directive  88/379/EEC  where  the
substance  or  substances  do  not  appear 
in
Annex  I  to  Directive  67/548/EEC  or  appear  in
its  without  concentration  limits;’

3.(cid:217)In  part  A  of  Annex  III  the  following  agent  shall  be

added:

Name  of  agent

EINECS(cid:216)(˛)

CAS(cid:216)(ˇ)

Limit  values

mg/m3 (—)

ppm(cid:216)((cid:209))

Notation Derogations

Vinyl  chloride  monomer

200(cid:220)831

75(cid:220)01(cid:220)4

7,77(cid:216)((cid:210))

3(cid:216)((cid:210))

-

-

3,88(cid:216)((cid:211))

1,5(cid:216)((cid:211))

Wood  (oak  and  beech)  dust

5,0(cid:217)(cid:216)((cid:212))

Hardwood  dust

5,0(cid:216)((cid:210))(cid:216)((cid:212))(cid:216)((cid:213))

(˛)(cid:217)EINECS:  European  Inventory  of  Existing  Chemical  Substances.
(ˇ)(cid:217)CAS:  Chemical  Abstract  Service  Number.
(—)(cid:217)mg/m3  =  milligrams  per  cubic  metre  of  air  at  20  ›C  and  101,3  KPa  (760  mm  mercury  pressure).
((cid:209))(cid:217)ppm  =  parts  per  million  by  volume  in  air  (ml/m3).
((cid:210))(cid:217)Measured  or  calculated  in  relation  to  a  reference  period  of  eight  hours.
((cid:211))(cid:217)Overriding  annual  exposure  limit  measured  or  calculated  as  average  value  for  one  year.
((cid:212))(cid:217)Wood  dust  as  total  dust;  it  refers  to  that  portion  of  dust  that  can  possibly  be  inhaled.  It  is  collected  by  a  sampling

device  operating  at  an  air  intake  velocity  of  1,25  m/s  n  10(cid:216)%.

((cid:213))(cid:217)Where  other  wood  dusts  are  present  in  the  mixture,  the  limit  value  shall  apply  to  all  wood  dusts  in  the  mixture.

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Official  Journal  of  the  European  Communities

C  392/15

INITIAL  PROPOSAL

AMENDED  PROPOSAL

Article  2

Directive  78/610/EEC  on  the  approximation  of  the
laws,  regulations  and  administrative  provisions  on  the
protection  of  health  of  workers  exposed  to  vinyl  chloride
monomer  shall  be  repealed  with  effect  from  .(cid:216).(cid:216).

Article  3

Article  3

On  the  basis  of  the  latest  available  scientific  data,  the
Commission  may  within  five  years  of  the  date  of  this
Directive  present  a  proposal  to  the  Council  for  the
adoption  of  revised 
for  vinyl  chloride
monomer  and  wood  (oak  and  beech)  dust  in  accordance
with  Article  118A  of  the  Treaty.

limit  values 

On  the  basis  of  the  latest  available  scientific  data,  the
Commission  may  within  two  years  of  the  date  of  the
adoption  of  this  Directive  present  a  proposal  to  the
Council  for  the  adoption  of  revised  limit  values  for  vinyl
chloride  monomer  and  hard  wood  dust  in  accordance
with  Article  118A  of  the  Treaty.

Article  4

Article  4

1.(cid:217)(cid:218)Member  States  shall  bring 
laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  .(cid:216).(cid:216).  They  shall
forthwith  inform  the  Commission  thereof.

into  force  the 

When  Member  States  adopt  these  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  at  the  time  of  their  official
publication.  The  procedure  for  such  reference  shall  be
laid  down  by  the  Member  States.

1.(cid:217)(cid:218)Member  States  shall  bring 
laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  .(cid:216).(cid:216).  (3  years
after  adoption).  They 
the
shall 
Commission  thereof.

into  force  the 

forthwith 

inform 

2.(cid:218)(cid:217)Member 
the
shall 
Commission  the  texts  of  the  provisions  of  national  law
which  they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

Article  5

This  Directive  is  addressed  to  the  Member  States.