Common Position (EC) No 53/2002 of 23 September 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting 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 abestos at work (Text with EEA relevance)
Date: 2002-09-23
Institutions: Council of the European Union
Subjects: asbestos, environmental risk prevention, occupational health, occupational safety, public health, worker (EU)

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 53/2002

adopted by the Council on 23 September 2002

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council of
. . . amending Council Directive 83/477/EEC on the protection of workers from the risks related to
exposure to asbestos at work

(2002/C 269 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

for

(1) In its conclusions of 7 April 1998 on the protection of
workers against the risks from exposure to asbestos (4) the
invited the Commission to bring
Council
forward
83/477/EEC (5),
proposals
amending Directive
considering in particular the merits of refocusing and
adapting protective measures for those who are now
most at risk, in particular workers who remove asbestos
and workers who accidentally come across asbestos at
work in the course of servicing and maintenance activities.

(2) In those conclusions, the Commission was also invited to
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 undertaken on the basis of the method adopted
by the World Health Organisation (WHO). Similar steps
should be taken regarding substitute fibres.

(3) The Economic and Social Committee,

in its opinion on
Asbestos (6), called on the Commission to take new
measures to reduce the risks to workers.

by

(4) The ban on the marketing and use of chrysotile asbestos
introduced
of
Council Directive
27 July 1976 on the approximation of the laws, regu-
lations and administrative provisions of
the Member
States relating to restrictions on the marketing and use
of certain dangerous substances and preparations (7) with
effect from 1 January 2005, will contribute to a substantial
reduction in asbestos exposure of workers.

76/769/EEC

(5) All workers

should be protected against

risks
associated with exposure to asbestos and the derogations
applicable to the sea and air sectors should therefore be
removed.

the

(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.

(1) OJ C 304 E, 30.10.2001, p. 179.
(2) OJ C 94, 18.4.2002, p. 40.
(3) Opinion of the European Parliament of 11 April 2002 (not yet
Journal), Council Common Position of
published in the Official
23 September 2002 and decision of the European Parliament of
. . . (not yet published in the Official Journal).

(4) OJ C 142, 7.5.1998, p. 1.
(5) 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).

(7) Without prejudice

to other Community provisions
concerning the marketing and use of asbestos,
limiting
the activities involving exposure to asbestos should play
a very important role in preventing the diseases associated
with such exposure.

(6) OJ C 138, 18.5.1999, p. 24.
(7) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 2001/91/EC (OJ L 286, 30.10.2001, p. 27).

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(8) The notification system for activities involving exposure to

asbestos should be adapted to new work situations.

(9) It

important

to asbestos

to eliminate activities which expose
is
workers
fibres during the extraction of
asbestos or the manufacture and processing of asbestos
products or the manufacture and processing of products
containing intentionally added asbestos fibres, in view of
their high and unpredictable level of exposure.

sufficiently achieved by the Member States and can
the
therefore, by reason of
the scale and effects of
action, be better achieved at Community level,
the
Community may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportionality,
this Directive does not go
as set out
beyond what
to achieve that
objective.

is necessary in order

in that Article,

(10) Taking account of

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

technical expertise,

the

it
is
sampling
in air

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

(12) Employers should be required to record, before the start of
any asbestos removal project, the presence or presumed
presence of asbestos in buildings or
installations and
communicate this information to others who may be
exposed to asbestos as a result of its use, of maintenance
or of other activities in or on the building.

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

creating

the

concrete
towards
contribution
dimension of the internal market.

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

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

amended

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 83/477/EEC is hereby amended as follows:

(13) 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.

1.

in Article 1, paragraph 2 shall be deleted;

2. Article 2 shall be replaced by the following:

(14) Special

training for workers exposed or

likely to be
exposed to asbestos
should be provided in order
significantly to contribute to reducing the risks related to
such exposure.

(15) The content of the exposure register and medical records
provided for in Directive 83/477/EEC should be brought
referred to in Council
into line with the
Directive 90/394/EEC of 28 June 1990 on the protection
of workers
to
risks
carcinogens at work (sixth individual directive within the
meaning of Article 16(1) of Directive 89/391/EEC) (1).

related to exposure

from the

records

‘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 (*),

(16) The practical recommendations on the clinical surveillance
of exposed workers should be updated in the light of the
latest medical expertise, with a view to the early detection
of pathologies linked to asbestos.

— chrysotile, CAS No 12001-29-5 (*),

— crocidolite, CAS No 12001-28-4 (*),

(17) Since the objective of

the proposed action, namely
improvement in the protection of workers from the risks
related to exposure to asbestos at work, cannot be

(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).

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

___________
(*) Number

in the register of

the Chemical Abstract

Service (CAS).’;

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3.

in Article 3, paragraph 3 shall be replaced by the
following:

‘3.
Provided that worker exposure is sporadic and of
low intensity, and when it is clear from the results of
the risk assessment referred to in paragraph 2 that the
exposure limit for asbestos will not be exceeded in the
air of the working area, Articles 4, 15 and 16 may be
waived where work involves:

(a) short, non-continuous maintenance activities in which

only non-friable materials are handled;

(b) removal without

deterioration

materials
linked in a matrix;

in which the asbestos

of
non-degraded
fibres are firmly

(c) encapsulation

or

sealing

of

asbestos-containing

materials which are in good condition;

(d) air monitoring and control, and the collection of
to ascertain whether a specific material

samples
contains asbestos.’;

4. Article 4 shall be amended as follows.

(a) point 2 shall be replaced by the following:

‘2. The notification shall be

submitted by
to the responsible authority of

employer
Member States, before the work commences,
accordance with national
administrative provisions.

the
the
in
laws, regulations and

The notification must
description of

include at

least a brief

(a) the location of the work site;

(b) the type and quantities of asbestos used or

handled;

(c)

the activities and processes involved;

(d) the number of workers involved;

(e)

the starting date and duration of the work;

(f) measures

taken to limit

the

exposure of

workers to asbestos.’;

from asbestos or materials

dust
asbestos, a new notification must be submitted.’;

containing

5.

in Article 5 the following paragraph shall be added:

to asbestos

‘Without prejudice to the application of other Community
provisions on marketing and use of asbestos, activities
fibres during the
which expose workers
extraction of asbestos or the manufacture and processing
of asbestos products or the manufacture and processing of
products containing intentionally added asbestos shall be
the treatment and
prohibited, with the exception of
disposal of products
resulting from demolition and
asbestos removal.’;

6. Article 6 shall be 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 be designed so as not to produce
asbestos dust or, if that proves impossible, to avoid the
release of asbestos dust into the air;

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

4. asbestos or dust-generating asbestos-containing material
must be stored and transported in suitable sealed
packing;

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. Such waste shall
then be dealt with in accordance with Council
Directive 91/689/EEC of 12 December 1991 on
hazardous waste (*);

(b) point 4 shall be replaced by the following:

‘4. Each time a change in working conditions is likely
to result in a significant increase in exposure to

___________
(*) OJ L 377, 31.12.1991, p. 20. Directive as last amended
by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).’;

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7. Article 7 shall be replaced by the following:

10. Article 10 shall be amended as follows:

‘Article 7

(a)

in paragraph 1, the first subparagraph shall be replaced
by the following:

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
the workplace shall be
asbestos fibres
carried out regularly.

in the air at

initial

the

Sampling must be representative of

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

3.
Sampling shall be carried out after consultation of
the workers and/or their representatives in undertakings.

Sampling shall be carried out by suitably qualified
4.
subsequently
personnel. The
analysed, in accordance with paragraph 6, in laboratories
equipped for fibre counting.

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
the 1997 WHO (World Health Organisation)
recom-
mended method (*) or any other method giving equivalent
results.

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

___________
(*) Determination of airborne fibre concentrations. A
recommended method, by phase-contrast optical
microscopy
filter method), WHO,
(membrane
Geneva 1997 (1SBN 92 4 154 496 1).’;

8. Article 8 shall be 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 eight-hour time-weighted average (TWA).’;

9.

in Article 9, paragraph 1 shall be deleted;

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

(b) paragraph 3 shall be replaced by the following:

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

11. the following Article shall be inserted:

‘Article 10a

shall

Before beginning demolition or maintenance work,
by obtaining
employers
information from the owners of
all
necessary steps to identify presumed asbestos-containing
materials.

the premises,

appropriate

take,

if

If there is any doubt about the presence of asbestos in a
material or construction, the applicable provisions of this
Directive shall be observed.’;

12.

in Article 11, paragraph 1 shall be replaced by 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

(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

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

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13.

the first
in Article 12(2),
replaced by the following:

two subparagraphs shall be

(i) medical examination requirements.

‘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:

before

— asbestos and/or asbestos-containing products are to be
removed
are
demolition
applied, except where this would cause a greater risk
the asbestos and/or asbestos-
to workers
containing products had been left in place,

techniques

than if

Practical guidelines

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

Article 12b

Before carrying out asbestos demolition or removal work,
firms must provide evidence of their ability in this field.
The evidence shall be established in accordance with
national laws and/or practice.’;

15.

in Article 14(2), point
following:

(b)

shall be replaced by the

— the personal protective equipment

referred to in

Article 11(1)(a) shall be provided, where necessary,

‘(b)

— when the asbestos demolition or removal work has
been completed,
the absence of asbestos exposure
risks in the workplace shall be verified in compliance
with national legislation and practices.’;

14. the following Articles shall be inserted:

‘Article 12a

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

The content of the training must be easily under-
2.
standable for workers.
It must enable them to acquire
the necessary knowledge and skills in terms of prevention
and safety, particularly as regards:

(a)

the properties of asbestos and its effects on health,
including the synergistic effect of smoking;

(b) the types of products or materials likely to contain

asbestos;

(c)

the operations that could result in asbestos exposure
and the importance of preventive controls to minimise
exposure;

(d) safe work practices, controls and protective equipment;

in the undertaking or

the results exceed the limit value laid down in
if
Article 8 the workers concerned and their represen-
tatives
establishment are
informed as quickly as possible of the fact and the
reasons for it and the workers and/or their represen-
establishment 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

16.

in Article 15, point 3 shall be replaced by the following:

‘3.

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

The doctor or authority responsible for the medical
surveillance of workers may indicate that medical
surveillance must continue after the end of exposure
for as long as they consider it necessary to safeguard
the health of the person concerned.

Such continuing surveillance shall be carried out in
accordance with the laws and practices of the indi-
vidual Member States.’;

17.

in Article 16, point 2 shall be replaced by the following:

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

(e)

the appropriate role, choice, selection, limitations and
proper use of respiratory equipment;

18.

in Article 16, the following point shall be added:

(f) emergency procedures;

(g) decontamination procedures;

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

(h) waste disposal;

19. Annex I shall be deleted;

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20.

in Annex II, point 3 shall be replaced by the following:

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

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

tional history,

— a personal interview,

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.

— a general clinical examination, with particular

reference to 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
tomodensitometry,
in the light of the latest occupa-
tional health knowledge available.’

Article 3

This Directive shall enter into force on the date of its publi-
cation in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Article 2

Done at . . .

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive
forthwith inform the
Commission thereof.

. . . (*). They

shall

by

For the European Parliament

The President

For the Council

The President

(*) Three years from the entry into force of this Directive.

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STATEMENT OF THE COUNCIL’S REASONS

I. INTRODUCTION

1. On 20 July 2001, the Commission submitted to the Council a proposal for a directive amending
Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at
work, on the basis of Article 137(2) of the EC Treaty.

2. The European Parliament delivered its opinion on 11 April 2002.

3. The Economic and Social Committee delivered its opinion on 21 February 2002.

4. The Committee of the Regions stated in a letter dated 13 February 2002 that it would not deliver an

opinion on this subject.

5. The Commission submitted an amended proposal on 22 May 2002.

6. On 3 June 2002, the Council expressed its unanimous political agreement on a draft common

position.

7. In accordance with Article 251 of the Treaty,

the Council adopted its Common Position on

23 September 2002.

II. OBJECTIVE

The proposal seeks to modernise Directive 83/477/ECC to better protect workers exposed to asbestos
at work.

III. ANALYSIS OF THE COMMON POSITION

1. GENERAL OBSERVATIONS

The main objective of the amendment of the Directive is the introduction of a single limit value for
workers’ exposure (Article 8), as opposed to two limit values under the original Directive.

Matters covered by other amendments include the scope (with the removal of the derogations
applicable to the sea and air transport sectors), the simplification of provisions in the case of
limited exposure, the method for measuring the asbestos level
in air, the detection of asbestos
and training for workers.

2. AMENDMENTS MADE BY THE EUROPEAN PARLIAMENT

The European Parliament adopted 37 amendments at first reading.

2.1. European Parliament amendments not taken on board by the Commission

In its amended proposal, the Commission did not accept 25 of Parliament’s amendments,
namely Amendments 2, 3, 4, 6, 7, 8, 9, 12, 13, 14, 16, 21, 24, 26, 27, 28, 30, 33, 35,
36, 37, 38, 40, 41 and 42.

2.2. European Parliament amendments accepted by the Commission

The Commission accepted nine of Parliament’s amendments
Amendments 1, 11, 17, 18, 19, 22, 31, 32 and 34.

in their entirety, namely

Moreover, the Commission accepted three other amendments, either in part or in spirit, namely
Amendments 20, 23, and 25.

3. CHANGES MADE BY THE COUNCIL TO THE COMMISSION’S AMENDED PROPOSAL

3.1. Changes concerning amendments made by the European Parliament

Among the amendments accepted by the Commission, the Council accepted Amendment 1
entirely and Amendments 25 and 34 in part. In addition, the Council considered that the text
of the Common Position covered Amendment 19 in spirit and Amendment 20 in part.

On the other hand, Amendments 11, 17, 18, 22, 23, 31 and 32 could not be accepted for the
reasons outlined below.

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3.1.1. Recital 10 and Article 4(2)(c): information about the presence of asbestos and notifi-

cation of measures to reduce it (Amendments 11 and 17)

The Council did not consider it appropriate in the context of legislation on safety and
health at the workplace to extend beyond the work site the employer’s obligation to
provide information on the presence of asbestos and on the measures taken to prevent
pollution in the immediate vicinity of the building or work site.

3.1.2. Article 4(2)(d)(a) (new): notification about subcontractors and workers carrying out

activities involving asbestos (Amendment 18)

The Council did not wish to add an obligation for the employer to give notice of the
undertaking and the workers or the entity contracted to carry out activities involving
asbestos, because the employer himself/herself is the responsible person who is known
to the authorities and who is the contact person for them.

3.1.3. Article 6(2): release of asbestos dust into the air (Amendment 19)

The Council considered that the idea of Amendment 19 was already covered by the text
of the Common Position, as it was impossible to make a distinction between the air
within and beyond the construction site.

3.1.4. Article 10(3): wearing of individual respiratory protective equipment (Amendment 22)

The introduction of obligatory rest periods for workers wearing individual respiratory
protective equipment was not taken up by the Council, because it was considered that
rest periods, which would imply the removal of the protective equipment, might even
increase the risk of the worker being exposed to asbestos dust.

In addition, the Council considered that general rules on rest periods would be inap-
propriate as the need for them had to be determined on a case-by-case basis.

3.1.5. Article 10a(1): collection of information (Amendment 23)

The Council did not deem it to be appropriate to extend the reference to possible
sources of information to local authorities, civil protection services, etc. because this
might create a bureaucratic burden both for the employer in control of the workplace
premises and for the authorities concerned.

3.1.6. Article 12a(2)(a): training about the risks of asbestos (Amendment 31)

The Council did not wish to introduce more specific details in respect of the obligation
to train workers, because very detailed training requirements could be contrary to the
aim of easily understandable training.

3.1.7. Article 12a(2)(i):

training relating to the medical

examination requirements

(Amendment 32)

As it is difficult to determine in advance the required frequency of medical exam-
inations, which largely depends on the circumstances of
the
Council did not find it appropriate to extend the content of the training to that aspect.

the individual case,

3.1.8. Article 15(3): continuing supervision (Amendment 34)

The Council largely approved the new Article 15(3) with a modification to the second
paragraph, where it replaced ‘cessation of work’ by ‘end of exposure’, in order to align
the text of paragraph 2 on that of paragraph 1, which refers to the end of exposure.

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3.2. Additional change

The Council included a new point 5 in Article 1 of the amending directive concerning Article
5, second paragraph, of Directive 83/477/EEC.

With this modification, all activities exposing workers to asbestos fibres, with the exception of
demolition work and the disposal of waste products resulting from demolition and asbestos
removal, were prohibited.

The Council considered,
in the light of the recent scientific evidence about the dangers of
asbestos, that this was an effective and proportionate way of protecting workers from avoidable
exposure to asbestos fibres.

IV. CONCLUSION

The Council was not able to accept all the amendments of the European Parliament which had been
taken up by the Commission in its amended proposal.

Nevertheless, the Council considers that, on the whole, the text of the Common Position meets the
fundamental objectives of the Commission’s proposal and those that the European Parliament had in
mind when proposing its amendments.

The Council would also like to point out that, in one important respect, namely the prohibition of the
vast majority of activities which could lead to workers being exposed to asbestos fibres, the text of the
Common Position goes further than that of the Commission’s original proposal.

By considerably reinforcing the text of Directive 83/477/EEC,
substantially the protection of workers from the risks related to exposure to asbestos.

the Common Position improves