Amended proposal for a Directive of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2002-05-16
Institutions: European Commission
Subjects: asbestos, occupational safety, worker (EU)

27.8.2002

EN

Official Journal of the European Communities

C 203 E/273

Amended proposal for a Directive of the European Parliament and of the Council amending
Council Directive 83/477/EEC on the protection of workers from the risks related to exposure
to asbestos at work (1)

(2002/C 203 E/37)

COM(2002) 254 final — 2001/0165(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 16 May 2002)

(1) OJ C 304 E, 30.10.2001, p. 179.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 137(2) thereof,

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

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

Having regard to the Opinion of
Regions,

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1) The Council in its Conclusions of 7 April 1998 on the
protection of workers against the risks from exposure to
asbestos (2)
invites the Commission to bring forward
83/477/EEC (3),
for
proposals
considering
refocusing
protective measures on those who are now most at risk.

amending Directive

the merits of

in particular

(2) The Economic and Social Committee, in its Opinion on
‘Asbestos’ (4), calls on the Commission to take new
measures to reduce the risks to workers.

___________
(1) OJ C 340, 10.11.1997, p. 1.
(2) OJ C 142, 7.5.1998, p. 1.
(3) OJ L 263, 24.9.1983, p. 25. Directive as last amended by Directive

98/24/EC (OJ L 131, 5.5.1998, p. 11).

(4) OJ C 138, 18.5.1999, p. 24.

C 203 E/274

EN

Official Journal of the European Communities

27.8.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

(3) In view of the Council's Conclusions, the Commission
should submit proposals to amend Directive 83/477/EEC
in the light of the more detailed research on limits for
exposure to chrysotile and the methods for measuring
airborne asbestos (having regard to the method adopted
by the World Health Organisation (WHO)). Similar steps
should be taken regarding substitute fibres.

(3) The ban on the marketing and use of chrysotile asbestos
introduced by Council Directive 76/769/EEC (1)
as
amended
Directive
by
1999/77/EC (2), with effect from 1 January 2005, will
contribute to a substantial reduction in asbestos-exposure
of workers.

Commission

1999

in

(4) The ban on the marketing and use of chrysotile asbestos
introduced by Council Directive 76/769/EEC (1)
as
amended
Directive
by
1999/77/EC (2), with effect from 1 January 2005, will
contribute to a substantial reduction in asbestos-exposure
of workers.

Commission

1999

in

(4) All workers must be protected against the risks associated
with exposure to asbestos and the derogations applicable
to the sea and air transport sectors should therefore be
removed.

(5) All workers must be protected against the risks associated
with exposure to asbestos and the derogations applicable
to the sea and air transport sectors should therefore be
removed.

(5) In order to ensure clarity in the definition of the fibres,
they should be redefined either in mineralogical terms or
with regard to their Chemical Abstract Service (CAS)
number.

(6) In order to ensure clarity in the definition of the fibres,
they should be redefined either in mineralogical terms or
with regard to their Chemical Abstract Service (CAS)
number.

(6) Without prejudice to the application of other Community
provisions concerning marketing and use of asbestos,
limiting the activities involving exposure to asbestos will
play a very important role in preventing the diseases
associated with such exposure.

(7) Without prejudice to the application of other Community
provisions concerning marketing and use of asbestos,
limiting the activities involving exposure to asbestos will
play a very important role in preventing the diseases
associated with such exposure.

(7) The notification system of activities involving exposure to
asbestos should be adapted to the new work situations.

(8) The notification system of activities involving exposure to
asbestos should be adapted to the new work situations.

(8) Taking account of

the latest
to specify more precisely
necessary
methodology used to measure the asbestos level
and the method of counting fibres.

technical expertise,

the

it
is
sampling
in air

(9) Taking account of

the latest
to specify more precisely
necessary
methodology used to measure the asbestos level
and the method of counting fibres.

technical expertise,

the

it
is
sampling
in air

___________
(1) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 1999/77/EC (OJ L 207, 6.8.1999, p. 18).

___________
(1) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 1999/77/EC (OJ L 207, 6.8.1999, p. 18).

(2) OJ L 207, 6.8.1999, p. 18.

(2) OJ L 207, 6.8.1999, p. 18.

27.8.2002

EN

Official Journal of the European Communities

C 203 E/275

INITIAL PROPOSAL

AMENDED PROPOSAL

it has not yet been possible to identify the
(9) Even if
exposure
threshold below which asbestos does not
involve a cancer risk, the limit value for occupational
exposure to asbestos should be reduced.

it has not yet been possible to identify the
(10) Even if
exposure
threshold below which asbestos does not
involve a cancer risk, the limit value for occupational
exposure to asbestos should be reduced.

(10) The persons responsible for buildings should be required
to identify before the start of the asbestos removal project,
in
the presence or presumed presence of asbestos
buildings
this
information to others who may be exposed by the use,
maintenance or other activities in, or on the building.

communicate

installations

and

or

(11) The persons responsible for buildings should be required
to identify before the start of the asbestos removal project,
in
the presence or presumed presence of asbestos
buildings
this
information to others who may be exposed by the use,
maintenance or other activities in, or in the immediate
vicinity of the building.

communicate

installations

and

or

(11) It should be ensured that demolition or asbestos removal
work is carried out by undertakings which are familiar
with all the precautions to be taken in order to protect
workers.

(12) It should be ensured that demolition or asbestos removal
work is carried out by undertakings which are familiar
with all the precautions to be taken in order to protect
workers.

(12) Special

training for workers exposed or likely to be
exposed to asbestos
ensured in order
significantly to contribute to reducing the risks related
to such exposure.

should be

(13) Special

training for workers exposed or likely to be
exposed to asbestos should be ensured in order
to
significantly to contribute to reducing the risks related
to such exposure.

(13) The content of the exposure and medical records provided
for in Directive 83/477/EEC should be brought into line
with the
referred to in Council Directive
90/394/EEC of 28 June 1990 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) (1).

records

(14) The content of the exposure and medical records provided
for in Directive 83/477/EEC should be brought into line
with the
referred to in Council Directive
90/394/EEC of 28 June 1990 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) (1).

records

(14) It is appropriate to update the practical recommendations
on the clinical surveillance of exposed workers in the light
of the latest medical expertise, with a view to the early
detection of pathologies linked to asbestos.

(15) It is appropriate to update the practical recommendations
on the clinical surveillance of exposed workers in the light
of the latest medical expertise, with a view to the early
detection of pathologies linked to asbestos.

___________
(1) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive

___________
(1) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive

1999/38/EC (OJ L 138, 1.6.1999, p. 66).

1999/38/EC (OJ L 138, 1.6.1999, p. 66).

C 203 E/276

EN

Official Journal of the European Communities

27.8.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

(15) In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of
the
desired objectives of Directive 83/477/EEC to amend it
as proposed. These amendments do not go beyond
what
is necessary in order to achieve the objectives
pursued in accordance with the third paragraph of
Article 5 of the Treaty.

(16) In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of
the
desired objectives of Directive 83/477/EEC to amend it
as proposed. These amendments do not go beyond
what
is necessary in order to achieve the objectives
pursued in accordance with the third paragraph of
Article 5 of the Treaty.

(16) The amendments contained in this Directive constitute a
social

creating

the

concrete
towards
contribution
dimension of the internal market.

(17) The amendments contained in this Directive constitute a
social

creating

the

concrete
towards
contribution
dimension of the internal market.

(17) These amendments are limited to the minimum in order
not to impose unnecessary burden to the creation and
development of small and medium-sized enterprises.

(18) These amendments are limited to the minimum in order
not to impose unnecessary burden to the creation and
development of small and medium-sized enterprises.

(18) In accordance with Decision 74/325/EEC (1), the Advisory
Committee on Safety, Hygiene and Health Protection at
Work must be consulted by the Commission concerning
the preparation of proposals in this field.

(19) In accordance with Decision 74/325/EEC (1), the Advisory
Committee on Safety, Hygiene and Health Protection at
Work must be consulted by the Commission concerning
the preparation of proposals in this field.

(19) Directive 83/477/EEC should therefore be

amended

(20) Directive 83/477/EEC should therefore be

amended

accordingly,

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

Directive 83/477/EEC is amended as follows:

1.

In Article 1, paragraph 2 is deleted.

2. Article 2 is replaced by the following:

‘Article 2

For the purposes of this Directive, “asbestos” means the
following fibrous silicates:

— Asbestos actinolite, CAS No 77536-66-4 (*)

— Asbestos gruenerite (amosite) CAS No 12172-73-5 (*),

— Asbestos anthophyllite, CAS No 77536-67-5 (*),

— Chrysotile, CAS No 12001-29-5 (*),

___________
(1) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the Act of

___________
(1) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the Act of

Accession of Austria, Finland and Sweden.

Accession of Austria, Finland and Sweden.

27.8.2002

EN

Official Journal of the European Communities

C 203 E/277

INITIAL PROPOSAL

AMENDED PROPOSAL

— Crocidolite, CAS No 12001-28-4 (*),

— Asbestos tremolite, CAS No 77536-68-6 (*)

___________
(*) Number

in the register of

the Chemical Abstract

Service (CAS).’

3.

In Article 3 paragraph 3 is replaced by the following:

Provided that the total exposure time of workers
‘3.
does not exceed two hours in any seven day period,
is clear from the risk assessment required by
and it
paragraph 2 that
for asbestos will
the exposure limit
not be exceeded, Articles 4, 15 and 16 shall not apply
where work involves:

(a) asbestos

coating,

asbestos

insulation or

asbestos

panelling, or

(b) air monitoring, clearance inspection or collection of
is

to identify whether a material

bulk samples
asbestos’.

4. Article 4 is amended as follows:

(a) Paragraph 2 is replaced by the following:

‘2.
The notification shall be submitted by the
employer to the responsible authority of the Member
laws, regulations
States,
and administrative provisions. The notification must
include at least a brief description of

in accordance with national

(a) the location of the work site,

(b) the type and quantities of asbestos used or handled,

(c) the activities and processes involved.

(c) the activities and processes involved including the
asbestos pollution

taken to prevent

measures
outside the location of the work site.

(d) the products manufactured.

Unchanged

(e) the undertaking and the worker(s) or the entity
contracted to carry out activities involving asbestos.

When asbestos is being removed, the notification shall
also include information about the period when the
asbestos removal project will actually take place, and
information about the measures which will be taken to
limit the exposure of asbestos to the workers involved.
The notification shall be submitted prior to the start of
the asbestos removal project.’

Unchanged

C 203 E/278

EN

Official Journal of the European Communities

27.8.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

(b) Paragraph 4 is replaced by the following:

Each time a change occurs in working conditions
‘4.
which can result in a change in exposure to dust from
asbestos or materials containing asbestos, a new notifi-
cation must be submitted.’

5. Article 6 is replaced by the following:

‘Article 6

For all activities referred to in Article 3(1), the exposure of
to dust arising from asbestos or materials
workers
containing asbestos at
the place of work must be
reduced to a minimum and in any case below the limit
value laid down in Article 8,
in particular through the
following measures:

1. The number of workers exposed or

likely to be
exposed to dust arising from asbestos or materials
containing asbestos must be limited to the lowest
possible figure.

2. Work processes must, in principle, be so designed as to

avoid the release of asbestos dust into the air.

2. Work processes must, be so designed as to prevent the
release of asbestos dust in the air inside the workplace
and into the general environment of the workplace.

3. All premises and equipment involved in the treatment
of asbestos must be capable of being regularly and
effectively cleaned and maintained.

Unchanged

4. Asbestos

or

asbestos-containing
material must be stored and transported in suitable
sealed packing.

dust-generating

5. Waste must be collected and removed from the place of
work as soon as possible in suitable sealed packing with
labels indicating that it contains asbestos. This measure
shall not apply to mining activities.

The waste referred to in the first paragraph shall then be
dealt with
accordance with Council Directive
in
91/689/EEC (*).

___________
(*) OJ L 377, 31.12.1991, p. 20.’

6. Article 7 is replaced by the following:

‘Article 7

results of

Depending on the

1.
risk
assessment, and in order to ensure compliance with the
limit value laid down in Article 8, measurement of
asbestos fibres
the workplace shall be
carried out regularly.

in the air at

initial

the

27.8.2002

EN

Official Journal of the European Communities

C 203 E/279

INITIAL PROPOSAL

AMENDED PROPOSAL

Sampling must be representative of

2.
the personal
exposure of the worker to dust arising from asbestos or
materials containing asbestos.

Sampling shall be carried out after consulting the

3.
workers and/or their representatives in undertakings.

Sampling shall be carried out by suitably qualified
4.
personnel. The
subsequently
analysed in laboratories equipped to analyse them and
qualified to apply the necessary identification techniques.

taken shall be

samples

The duration of
exposure

5.
representative
eight-hour
measurements or time-weighted calculations.

such that
an
reference period (one shift) by means of

sampling must be

established for

can be

6.
Fibre counting shall be carried out wherever possible
by PCM (phase contrast microscope) in accordance with
recom-
the 1997 WHO (World Health Organisation)
mended method (1).

6.
Fibre counting shall be carried out wherever possible
by PCM (phase contrast microscope) in accordance with
recom-
the 1997 WHO (World Health Organisation)
mended method (1) or any other method giving equivalent
results.

For the purposes of measuring asbestos in the air, as
referred to in the first subparagraph, only fibres with a
length of more than five micrometres and a length/breadth
ratio greater than 3:1 shall be taken into consideration.’

Unchanged

7. Article 8 is replaced by the following:

‘Article 8

Employers shall ensure that no worker is exposed to an
airborne concentration of asbestos in excess of 0,1 fibres
per cm3 as an 8-hour time-weighted average (TWA).’

8. In Article 9 paragraph 1 is deleted.

___________
(1) Determination of airborne fibre number concentrations. A recom-
mended method, by phase-contrast optical microscopy (membrane
filter method), WHO, Geneva 1997 (1SBN 92 4 154496 1).

___________
(1) Determination of airborne fibre number concentrations. A recom-
mended method, by phase-contrast optical microscopy (membrane
filter method), WHO, Geneva 1997 (1SBN 92 4 154496 1).

C 203 E/280

EN

Official Journal of the European Communities

27.8.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

9. Article 10 is amended as follows:

(a) In paragraph 1 the first subparagraph is replaced by the

following:

‘Where the limit value laid down in Article 8 is
the reasons for the limit being exceeded
exceeded,
must be
to
identified and appropriate measures
remedy the situation must be taken as soon as possible.’

(b) Paragraph 3 is replaced by the following:

(b) Paragraph 3 is replaced by the following:

‘3. Where exposure cannot be reduced by other
means and where the limit values of
individual
respiratory protective equipment proves necessary,
this may not be permanent and shall be kept to the
strict minimum necessary for each worker.’

‘3. Where exposure cannot be reduced by other
means and where the limit values of
individual
respiratory protective equipment proves necessary,
this may not be permanent and shall be kept to the
strict minimum necessary for each worker. During
periods of work which require the use of individual
respiratory protective equipment, provision shall be
made for breaks appropriate to the physical and clima-
tological conditions, in consultation with the workers
and/or their representatives.’

10. The following Article 10a is inserted:

Unchanged

‘Article 10a

Before beginning demolition or maintenance work,
employers in control of workplace premises shall take, if
appropriate by obtaining information from owners, all
necessary steps to identify presumed asbestos-containing
materials.

Before beginning demolition or maintenance work,
employers in control of workplace premises shall take, if
appropriate by obtaining information from owners, local
authorities, civil protection services, and other authorities,
bodies or individuals and from anyone who can provide,
add to or upgrade such information, all necessary steps to
identify presumed asbestos-containing materials.

If there is any doubt about the presence of asbestos in a
material or construction, the regulations and procedures of
asbestos removal work shall be followed.’

Unchanged

11. In Article 11 paragraph 1 is replaced by the following:

‘1.
In the case of certain activities such as demolition, or
removal, in respect of which it is foreseeable that the limit
value set out in Article 8 will be exceeded despite the use
of technical preventive measures for limiting asbestos in
air concentrations,
shall determine the
the employer
measures intended to ensure protection of the workers
while they are engaged in such activities,
in particular
the following:

‘1.
In the case of certain activities such as demolition,
removal, repairing, and maintenance in respect of which it
is foreseeable that the limit value set out in Article 8 will
be exceeded despite the use of
technical preventive
measures for limiting asbestos in air concentrations, the
employer shall determine the measures intended to ensure
protection of the workers while they are engaged in such
activities, in particular the following:

(a) workers shall be issued with suitable respiratory and
other personal protective equipment, which must be
worn; and

Unchanged

(b) warning signs shall be put up indicating that it is fore-
seeable that the limit value laid down in Article 8 will
be exceeded; and

27.8.2002

EN

Official Journal of the European Communities

C 203 E/281

INITIAL PROPOSAL

AMENDED PROPOSAL

(c) the spread of dust arising from asbestos or materials
containing asbestos outside the premises/site of action
shall be prevented.’

12. In Article 12(2) the first two subparagraphs are replaced

by the following:

‘2.
The plan referred to in paragraph 1 must prescribe
the measures necessary to ensure the safety and health of
workers at the place of work.

The plan must in particular specify that:

— asbestos and/or

asbestos

containing products

are

removed before demolition techniques are applied,

— the personal protective equipment referred to in Article

11(1)(a) is provided, where necessary.’

13. The following Article 12a is inserted:

‘Article 12a

1.
Employers shall provide appropriate training for all
workers who are, or are liable to be, exposed to asbestos-
containing dust. Such training must be provided at regular
intervals and at no cost to the workers.

Training must be easily understandable for workers

2.
and must inform them among others of:

a) the properties of asbestos and its effects on health

including the synergistic effect of smoking.

a) the specific risks associated with each type of asbestos
individual
and the consequences for
workers and outsiders,
including the possible side-
effects of smoking or of other noxious and similarly
harmful substances present within the workplace,

the health of

b) the types of products or materials likely to contain

Unchanged

asbestos,

c) the operations that could result in asbestos exposure
to
of

importance

preventive

controls

the

and
minimise exposure,

d) safe work practices, controls and protective equipment,

e) the appropriate role, choice, selection, limitations and

proper use of respiratory equipment,

f) emergency procedures,

C 203 E/282

EN

Official Journal of the European Communities

27.8.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

g) decontamination procedures,

h) waste disposal,

i) medical examination requirements,

i) medical examination requirements, including the frequency

of such examinations,

Practical guidelines

3.
the training of asbestos
for
removal workers shall be developed at Community level.’

Unchanged

14. The following Article 12b is inserted:

‘Article 12b

In order to carry out asbestos demolition or removal work,
firms must provide evidence of their ability in this field.’

15. In Article 14(2), point (b) is replaced by the following:

‘(b)

in the undertaking or

if
the results exceed the limit value laid down in
Article 8 the workers concerned and their represen-
tatives
are
informed as quickly as possible of the fact and the
reason for it and the workers and/or their represen-
are
tatives
consulted on the measures to be taken or,
in an
emergency, are informed of
the measures which
have been taken.’

in the undertaking or

establishment

establishment

16. Article 15(3) is replaced by the following:

Information and advice must be given to workers
‘3.
regarding any assessment of their health which they may
undergo following the end of exposure.

The approved medical practitioner or approved occupa-
tional health services may indicate the need for medical
surveillance to continue after cessation of work for as long
as they consider it necessary to safeguard the health of the
person concerned.

in
Such continuing supervision shall be carried out
accordance with the laws and practices of the individual
Member States.’

16. In Article 16, paragraph 2 is replaced by the following:

17. In Article 16, paragraph 2 is replaced by the following:

‘2.
The register referred to in point 1 and the medical
records referred to in point 1 of Article 15 shall be kept
in
for at least 40 years following the end of exposure,
accordance with national laws and/or practice.’

Unchanged

17. In Article 16 the following paragraph 3 is added:

18. In Article 16 the following paragraph 3 is added:

‘3.
The documents referred to in point 2 shall be made
available to the responsible authority in cases where the
undertaking ceases activity,
in accordance with national
laws and/or practice’.

Unchanged

27.8.2002

EN

Official Journal of the European Communities

C 203 E/283

INITIAL PROPOSAL

AMENDED PROPOSAL

18. Annex I is deleted.

19. Annex I is deleted.

19. Point 3 of Annex II is replaced by the following:

20. Point 3 of Annex II is replaced by the following:

‘3.
Health examination of workers should be carried out
in accordance with the principles and practices of occupa-
tional medicine. It should include the following measures:

— keeping records of a worker's medical and occupa-

tional history,

— a personal interview,

— a clinical examination of the chest,

— lung function tests (respiratory flow volumes and

rates).

The doctor and/or authority responsible for the health
surveillance should decide on further examinations, such
as sputum cytology tests or a chest X-ray or a tomodens-
itometry in each individual case, in the light of the latest
occupational health knowledge available’.

Article 2

Unchanged

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2004, at
the latest. They shall
forthwith inform the Commission thereof.

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

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field covered by this Directive.

Article 3

This Directive is addressed to the Member States.