WRITTEN QUESTION E-0995/01 by María Sornosa Martínez (PSE) to the Commission. Infringement of Community asbestos law in the Valencia region (Spain).
Date: 2001-03-30
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, EC Directive, asbestos, health risk, national implementing measure, occupational health

C 318 E/174

Official Journal of the European Communities

EN

13.11.2001

(2001/C 318 E/188)

WRITTEN QUESTION E-0995/01

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(30 March 2001)

Subject: Infringement of Community asbestos law in the Valencia region (Spain)

the Fibrocementos del Levante company based in Sant Vicent del Raspeig
In 1998, employees of
(Valencia region) went to court to complain about the damage which the use of asbestos in their work was
doing to their health. The Sant Vicent court has yet to open the case, although six people have died since
January 2000 as a result of being exposed to asbestos and breathing it in. Furthermore, it is calculated that
by 2005 (the date by which the asbestos-banning Directive 99/77 (1) (cid:129) an extension of Directive 85/
467 (2) (cid:129) must have been implemented), 30 % of the company(cid:146)s employees will have become ill.

In addition, the Valencia Regional Government(cid:146)s Minister for Finance and Economic Affairs has recently
published a register of companies which reveals that 32 firms in the region are still working with asbestos.
Their workers undergo regular medical checks but they continue to be fully exposed to asbestos whilst at
work.

Although Directive 99/77 is not due to come into force until 1 January 2005, the case involving
Fibrocementos del Levante (and also those involving other Valencian companies which work with asbestos)
is nonetheless infringing Community law which is already in force, notably:

(cid:129) Directive 80/1107 (3) on the protection of workers from the risks related to exposure to chemical,

physical and biological agents at work (which includes asbestos in Annex I);

(cid:129) Directive 87/217 (4) on the prevention and reduction of environmental pollution by asbestos.

In the light of the above facts:

(cid:129) would the Commission be willing to establish an aid scheme for those who die from asbestos-related

diseases before the substances concerned is finally banned in 2005?

(cid:129) is the Commission intending to investigate the Spanish authorities on the grounds that they may have
infringed Directives 80/1107 and 87/217 in the case of Fibrocementos del Levante and other
Valencian companies?

(1) OJ L 207, 6.8.1999, p. 18.
(2) OJ L 269, 11.10.1985, p. 56.
(3) OJ L 327, 3.12.1980, p. 8.
(4) OJ L 85, 28.3.1987, p. 40.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(30 May 2001)

Council Directive 80/1107/EEC (1) of 27 November 1980 on the protection of workers from the risks
related to exposure to chemical, physical and biological agents at work, which is mentioned by the
Honourable Member, provides for limit values and specific requirements to be laid down, via individual
directives, for the agents listed in its Annex I. On this basis, the Council adopted Directive 83/477/EEC of
19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (2),
which is the second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC.

This Directive 83/477/EEC, which has already been amended twice, in 1991 (91/382/EEC) (3) and in 1998
(98/24/EC) (4), lays down the Community rules applicable to the protection of workers from asbestos.

A subsequent revision of this Directive is currently under way, and the Commission(cid:146)s proposal for an
amendment is expected to be adopted in the coming months.

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Official Journal of the European Communities

C 318 E/175

This Directive has been correctly transposed into national law by Spain and it is up to the relevant national
authorities, particularly via its Labour Inspectorate services, to check and monitor the correct application
of Spanish measures.

It is therefore the responsibility of the Member States to ensure that the implementation of measures
provided for in national legislation are monitored adequately and to provide for compensation for cases of
occupational disease due to exposure to asbestos fibres at work.

Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental
pollution by asbestos (5) establishes that asbestos shall be dealt with in such a way that emissions into air
and water are minimised. In addition, solid asbestos waste should, as far as reasonably predictable, be
reduced at source and prevented. This involves using Batnec (best available techniques not entailing
excessive costs), including, where appropriate, recycling or treatment. Asbestos waste can be landfilled only
in sites licensed for this purpose.

Directive 87/217/EEC has been transposed into national
responsible for the implementation of the measures provided in the Directive.

law by Spain. The national authorities are

The Honourable Member(cid:146)s question does not contain sufficiently precise information to indicate that Spain
has probably infringed, or is continuing to infringe, one or more of the above legal obligations.

(1) OJ L 327, 3.12.1980.
(2) OJ L 263, 24.9.1983.
(3) OJ L 206, 29.7.1991.
(4) OJ L 131, 5.5.1998.
(5) OJ L 85, 28.3.1987.

(2001/C 318 E/189)

WRITTEN QUESTION E-0996/01

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(30 March 2001)

Subject: Failure to comply with water-quality standards in Valencia (Spain)

such important

inadequate management of

The Valencia Regional Government(cid:146)s water authorities are currently being investigated by the Commission
on account of their response to the outbreak of legionella which was detected in the town of Alcoy and
their
In the
Valencia region, however, there has been a string of cases of poor water management, such as the one
involving the town of La Vila Joisa, where drinking water is supplied to the (cid:145)Montiboli Hills(cid:146) residential
area by means of a rusty metallic storage tank with pipes made of PVC (the use of which is banned for the
purpose of supplying drinking water). A number of dead animals (rodents and snakes) have been found in
the storage tank on account of the fact that the latter cannot be hermetically sealed, and instead of fitting
a proper cover the local authorities have opted to place loose bricks in the water outlet. It is quite obvious,
therefore, that the people to whom this so-called drinking water is supplied are exposed to a genuine
health risk.

the Segura and the Belcaire.

rivers as

Directive 80/778/EC (1) relating to the quality of water intended for human consumption, has been
supplemented and extended by Directive 98/83/EC (2), for which the transposition deadline has recently
expired and which:

(cid:129) requires the Member States to ensure that water for human consumption is (cid:145)wholesome and clean(cid:146) and
that it is (cid:145)free from any micro-organisms and parasites and any substances(cid:146) which constitute a potential
danger to human health;

(cid:129) requires immediate remedial action to be taken where there is any risk of non-compliance with the

parametric values;

(cid:129) requires regular monitoring of water quality to be carried out;