Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (Text with EEA relevance)
Date: 2003-03-27
Institutions: Council of the European Union, European Parliament
Subjects: asbestos, occupational safety, worker (EU)

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DIRECTIVE 2003/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 27 March 2003

amending Council Directive 83/477/EEC on the protection of workers from the risks related to
exposure to asbestos at work

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1), 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 European 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),

(4)

(5)

(6)

The ban on the marketing and use of chrysotile asbestos
introduced by Council Directive 76/769/EEC of 27 July
1976 on the approximation of the laws, regulations 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.

All workers should be protected against the risks asso-
ciated with exposure to asbestos and the derogations
applicable to the sea and air sectors should therefore be
removed.

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.

Whereas:

(1)

(2)

In its Conclusions of 7 April 1998 on the protection of
workers against the risks from exposure to asbestos (4)
invited the Commission to bring forward
the Council
83/477/EEC (5),
proposals
amending Directive
for
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 activ-
ities.

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.

(1) OJ C 304 E, 30.10.2001, p. 179 and
OJ C 203 E, 27.8.2002, p. 273.

(2) OJ C 94, 18.4.2002, p. 40.
(3) Opinion of the European Parliament of 11 April 2002 (not yet
published in the Official Journal), Council Common Position of 23
September 2002 (OJ C 269 E, 5.11.2002, p. 1) and Decision of the
European Parliament of 17 December 2002 (not yet published in
the Official Journal). Council Decision of 18 February 2003 (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).

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

(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 asso-
ciated with such exposure.

(8)

(9)

(10)

(11)

The notification system for activities involving exposure
to asbestos should be adapted to new work situations.

is important

It
to eliminate activities which expose
workers to asbestos 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.

Taking account of the latest technical expertise,
it is
necessary to specify more precisely the sampling metho-
dology used to measure the asbestos level in air and the
method of counting fibres.

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.

(7) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commis-

sion Directive 2001/91/EC (OJ L 286, 30.10.2001, p. 27).

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(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

Employers should be required to record, before the start
of any asbestos
the presence or
removal project,
presumed presence of asbestos in buildings or installa-
tions 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.

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.

Special
training for workers exposed or likely to be
exposed to asbestos should be provided in order signifi-
cantly to contribute to reducing the risks related to such
exposure.

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

The practical recommendations on the clinical surveil-
lance 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.

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

The amendments contained in this Directive constitute a
concrete contribution towards creating the social dimen-
sion of the internal market.

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.

2. Article 2 shall be 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 (*),

— 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:

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

Provided that worker exposure is sporadic and of
‘3.
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 of non-degraded
materials in which the asbestos fibres are firmly
linked in a matrix,

(c) encapsulation or

sealing of asbestos-containing

materials which are in good condition,

(d) air monitoring and control, and the collection of
samples to ascertain whether a specific material
contains asbestos.’

(b) the following paragraph shall be inserted:

‘3 bis Member States shall, following consultation
with social partners in accordance with national law
lay down practical guidelines for the
and practice,
determination of sporadic and low-intensity exposure,
as provided for in paragraph 3.’;

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

4. Article 4 shall be amended as follows:

accordingly,

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

‘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,

1.

in Article 1, paragraph 2 shall be deleted;

(b) the type and quantities of asbestos used or

handled,

(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).

(c) the activities and processes involved,

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(d) the number of workers involved,

7. Article 7 shall be replaced by the following:

(e) the starting date and duration of the work,

‘Article 7

(f) measures

taken to limit

the

exposure of

workers to asbestos.’;

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

from asbestos or materials

5.

in Article 5 the following paragraph shall be added:

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

Depending on the results of the initial risk assess-
1.
ment, and in order to ensure compliance with the limit
value laid down in Article 8, measurement of asbestos
fibres in the air at the workplace shall be carried out regu-
larly.

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 consultation of

3.
the workers and/or their representatives in undertakings.

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

taken shall be

samples

5.
The duration of sampling must be such that repre-
sentative exposure can be established for an eight-hour
reference period (one shift) by means of measurements or
time-weighted calculations.

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 (membrane filter method), WHO, Geneva
1997 (ISBN 92 4 154496 1).’;

8. Article 8 shall be replaced by the following:

‘Article 8

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

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).’;

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 (*).

(*) 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).’;

9.

in Article 9, paragraph 1 shall be deleted;

10. Article 10 shall be amended as follows:

(a) in paragraph 1, the first subparagraph shall be replaced

by the following:

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

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

— the personal protective equipment referred to in Article

‘3. Where exposure cannot be reduced by other
means and where compliance with the limit value
makes necessary the wearing of individual protective
breathing equipment, 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 such equipment, provision shall be made for breaks
appropriate to the physical and climatological condi-
in consultation with the
tions and, where relevant,
workers and/or their representatives,
in accordance
with national laws and practice.’;

11. the following Article shall be inserted:

‘Article 10a

Before beginning demolition or maintenance work,
employers shall take, if appropriate by obtaining informa-
tion from the owners of the premises, 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 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.’;

13.

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

the first

two subparagraphs shall be

The plan referred to in paragraph 1 must prescribe
‘2.
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 to be
removed before demolition techniques are applied,
except where this would cause a greater risk to workers
asbestos-containing
than if
products had been left in place;

asbestos

and/or

the

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

— 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.

2.
The content of the training must be easily under-
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;

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

proper use of respiratory equipment;

(f) emergency procedures;

(g) decontamination procedures;

(h) waste disposal;

(i) medical examination requirements.

Practical guidelines

3.
for
removal workers shall be developed at Community level.

the training of asbestos

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

‘(b) if

the results exceed the limit value laid down in
Article 8 the workers concerned and their representa-
tives in the undertaking or establishment are informed
as quickly as possible of the fact and the reasons for it
and the workers and/or their representatives in the
undertaking or establishment are consulted on the
in an emergency, are
measures
informed of the measures which have been taken.’;

to be taken or,

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16.

17.

18.

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 indivi-
dual Member States.’;

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 accor-
dance with national laws and/or practice.’;

in Article 16 the following point shall be added:
‘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.’;

19. The following Article shall be inserted:

‘Article 16a

Member States shall provide for adequate sanctions to be
applicable in the event of infringement of national legisla-
tion adopted pursuant to this Directive. These sanctions
must be effective, proportionate and dissuasive.’;

20. Annex I shall be deleted;

21.

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,

— 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 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 15 April 2006. 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 shall enter into force on the date of its publica-
tion in the Official Journal of the European Union.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 27 March 2003.

For the European Parliament

P. COX

The President

For the Council

M. STRATAKIS

The President