Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-01-22
Institutions: European Commission
Subjects: asbestos, health legislation, health risk, occupational disease, occupational health

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.1.2003
COM(2003) 11 final

2001/0165 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
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

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
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. 

BACKGROUND

The  Commission  forwarded 
Article 137(2) to the Parliament and to the Council on 20 July 2001.

the  above  proposal  for  a  directive  based  on

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

The European Parliament adopted an opinion at first reading on 11 April 2002.

The  Commission  accepted  some  of  the  Parliament’s  amendments.  It  submitted  an
amended proposal to the Council on 16 May 2002 including these amendments.

The Council adopted its common position unanimously on 23 September 2002.

On  17 December  2002,  the  European  Parliament  adopted  three  amendments  to  the
Council’s common position at second reading.

This  opinion  presents  the  Commission’s  position  on  the  European  Parliament’s
amendments pursuant to Article 251(2)(c) of the EC Treaty.

2. 

PURPOSE OF THE COMMISSION PROPOSAL

The initial proposal, based on Article 137(2) of the Treaty, took the form of a directive
amending Directive 83/477/EEC.

The  aim  of  this  proposal  is  to  improve  the  protection  of  workers  against  the  risks
associated with exposure to asbestos.

Central  to  the  proposal  is  the  introduction  of  a  single  exposure  limit  value  for
workers, instead of the two in the original Directive.

The proposal applies to the sea and air transport sectors, which was not the case with
the  original  Directive.  It  simplifies  the  provisions  on  exposure  limits,  indicates  a
method for measuring asbestos concentrations in air and for identifying asbestos, and
contains provisions on training for workers.

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The proposal takes account of, and is linked to, the ban on the marketing and use of
chrysotile  asbestos  introduced  by  Council  Directive  76/769/EEC1  as  amended  by
Commission Directive 1999/77/EC2, with effect from 1 January 2005.

3. 

COMMISSION OPINION ON THE PARLIAMENT’S AMENDMENTS

3.1. 

Summary of the Commission’s position

The Commission can accept the European Parliament’s three amendments in full. It
considers  that  these  amendments  will  extend  and  improve  the  text  of  the  common
position.

3.2. 

Parliament amendments at second reading

3.2.1.  Amendments accepted

3.2.1.1.  Amendment 1 (guidelines on sporadic and low-intensity exposure)

The  amendment  introduces  a  new  point  3a  into  Article  1  of  the  common  position,
concerning  guidelines  to  be  laid  down  by  the  Member  States  for  determining
sporadic and low-intensity exposure under Article 3(3) of the Directive.

The  Commission  accepts  this  amendment,  as  it  improves  the  text  and  makes  the
Directive more easily applicable.

3.2.1.2.  Amendment 2 (breaks during the use of individual respiratory protective equipment)

(Article 1, paragraph 10 of the common position)

This  amendment  adds  to  Article  10,  paragraph  3  of  Directive  83/477/EEC  the
obligation  to  provide  for  breaks  when  workers  exposed  to  asbestos  are  wearing
individual  respiratory  protective  equipment.  It  is  a  slightly  amended  version  of
amendment 22 adopted by the EP at first reading, which the Commission had accepted
and included in its amended proposal.

The Commission accepts this amendment as it facilitates the practical application of
the Directive with a view to improving worker protection.

3.2.1.3.  Amendment  3  (sanctions  for  infringement)  (Article  1,  paragraph  18  a  (new)  of  the

common position (Article 16 a (new) of Directive 83/477/EEC)

This  amendment  provides  for  the  Member  States  to  impose  effective,  proportionate
and dissuasive sanctions in the event of infringement.

The  Commission  accepts  this  amendment  within  the  framework  of  an  overall
agreement, as it is a “standard” clause included in many directives.

1

2

OJ L 262, 27.9.1976, p. 201. Most recently amended by Commission Directive 1999/77/EC (OJ L 207,
6.8.1999, p. 18).
OJ L 207, 6.8.1999, p. 18.

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4. 

CONCLUSION

Pursuant  to  Article  250(2)  of  the  EC  Treaty,  the  Commission  is  amending  its
proposal as indicated above.

4