Commission Recommendation of 19 September 2003 concerning the European schedule of occupational diseases (Text with EEA relevance) (notified under document number C(2003) 3297)
Date: 2003-09-19
Institutions: European Commission
Subjects: disease prevention, dissemination of information, occupational disease, occupational health

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 19 September 2003

concerning the European schedule of occupational diseases

(notified under document number C(2003) 3297)

(Text with EEA relevance)

(2003/670/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 211 thereof,

Whereas:

The Communication from the Commission entitled
‘Adapting to change in work and society: a new
Community strategy on health and safety at work 2002-
2006’ (3)
to greater
prevention of occupational diseases. This Recommenda-
tion must
for
prevention at Community level.

therefore be the principal

attaches particular

importance

instrument

(1)

(2)

(3)

Commission Recommendation 90/326/EEC of 22 May
1990 concerning the adoption of a European schedule
of occupational diseases (1) has largely been applied by
the Member States, which have made a great effort in
particular to comply with the provisions set out
in
Annex I to the Recommendation, as mentioned in the
Commission (2)
1996
concerning the European schedule of occupational
diseases.

Communication

from the

During the time since Recommendation 90/326/EEC
was issued, scientific and technical progress has led to a
greater understanding of how certain occupational
diseases emerge and of the causal relationships involved.
The resulting changes should therefore be incorporated
into a new recommendation, the European schedule of
occupational diseases and the additional list.

The experience acquired since 1990 by monitoring
Recommendation 90/326/EEC in the Member States has
highlighted various aspects which could be improved in
order to attain more fully the Recommendation's objec-
tives, particularly in relation to prevention and to the
collection and comparability of data.

(5)

(6)

(7)

The abovementioned Communication stresses the impor-
in particular the public
tance of involving all players,
authorities and social partners, in order to encourage an
in health and safety at work within a
improvement
‘good governance’ based on universal
framework of
participation,
in accordance with the White Paper on
European governance (4). Member States should therefore
be called on actively to involve all players in developing
measures for the effective prevention of occupational
illnesses.

The Communication also mentions
that quantified
national objectives should be adopted with a view to
reducing the rates of recognised occupational illnesses.

The Council Resolution of 3 June 2002 on a new
Community strategy on health and safety at work
(2002-2006) (5) calls on the Member States to develop
and implement coordinated, coherent prevention poli-
cies, geared to national conditions, with measurable
targets set in this context for reducing accidents at work
and occupational illnesses, especially in those sectors of
activity in which rates are above average.

(1) OJ L 160, 26.6.1990, p. 39.
(2) COM(96) 454 final.

(3) COM(2002) 118 final.
(4) COM(2001) 428 final.
(5) OJ C 161, 5.7.2002, p. 1.

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of harmonising European statistics on occupational
diseases, so that information on the causative agent or
factor, the medical diagnosis and the sex of the patient is
available for each case of occupational disease;

6.

introduce a system for the collection of information or
data concerning the epidemiology of the diseases listed in
Annex II and any other disease of an occupational nature;

7. promote research in the field of ailments linked to an
occupational activity,
in particular the ailments listed in
Annex II and the disorders of a psychosocial nature related
to work;

8. ensure that documents to assist in the diagnosis of occupa-
tional diseases included in their national schedules are
disseminated widely, taking account in particular of the
notices for the diagnosis of occupational diseases published
by the Commission;

9. forward to the Commission and make available to inter-
ested parties statistical and epidemiological data on occu-
pational diseases recognised at national level, in particular
via the information network set up by the European
Agency for Safety and Health at Work;

10. promote an active role for national healthcare systems in
preventing occupational diseases, in particular by raising
awareness among medical staff with a view to improving
knowledge and diagnosis of these illnesses.

Article 2

The Member States shall themselves determine the criteria for
the recognition of each occupational disease in accordance with
the national laws or practices in force.

Article 3

This Recommendation replaces Recommendation 90/326/EEC.

Article 4

The Member States are requested to inform the Commission,
no later than 31 December 2006, of the measures taken or
envisaged in response to this Recommendation.

Done at Brussels, 19 September 2003.

For the Commission

Anna DIAMANTOPOULOU

Member of the Commission

(8)

(9)

is,

inter alia,

The role of the European Agency for Safety and Health
at Work, established by Council Regulation (EC) No
2062/94 (1),
to supply the Community
bodies and the Member States with the objective avail-
able technical, scientific and economic information they
require to formulate and implement policies designed to
protect the safety and health of workers and to collect
and disseminate technical, scientific and economic infor-
mation in the Member States. Accordingly, the Agency
must also play an important part in the exchange of
information, experience and best practice on the preven-
tion of occupational illnesses.

National healthcare systems can play an important part
in improving prevention of occupational
illnesses, for
example by raising awareness among medical staff with
a view to improving knowledge and diagnosis of these
illnesses,

HEREBY RECOMMENDS:

Article 1

Without prejudice to more favourable national laws or regula-
tions, it is recommended that the Member States:

1.

introduce as soon as possible into their national laws, regu-
lations or administrative provisions concerning scientifi-
cally recognised occupational diseases liable for compensa-
the European
tion and subject to preventive measures,
schedule in Annex I;

2. take steps to introduce into their national laws, regulations
or administrative provisions the right of a worker to
compensation in respect of occupational diseases if the
worker is suffering from an ailment which is not listed in
Annex I but which can be proved to be occupational in
origin and nature, particularly if the ailment is listed in
Annex II;

3. develop and improve effective preventive measures for the
occupational diseases mentioned in the European schedule
in Annex I, actively involving all players and, where appro-
priate, exchanging information, experience and best prac-
tice via the European Agency for Safety and Health at
Work;

4. draw up quantified national objectives with a view to redu-
cing the rates of recognised occupational illnesses, in parti-
cular those included in the European schedule in Annex I;

5. ensure that all cases of occupational diseases are reported
and progressively make their statistics on occupational
diseases compatible with the European schedule in Annex
I, in accordance with the work being done on the system

(1) OJ L 216, 20.8.1994, p. 1.

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ANNEX I

European schedule of occupational diseases

The diseases mentioned in this schedule must be linked directly to the occupation. The Commission will determine the
criteria for recognising each of the occupational diseases listed hereunder:

1

100

101

102

Diseases caused by the following chemical agents:

Acrylonitrile

Arsenic or compounds thereof

Beryllium (glucinium) or compounds thereof

103.01

Carbon monoxide

103.02

Carbon oxychloride

104.01

Hydrocyanic acid

104.02

Cyanides and compounds thereof

104.03

Isocyanates

105

106

107

108

Cadmium or compounds thereof

Chromium or compounds thereof

Mercury or compounds thereof

Manganese or compounds thereof

109.01

Nitric acid

109.02

Oxides of nitrogen

109.03

Ammonia

110

111

112

Nickel or compounds thereof

Phosphorus or compounds thereof

Lead or compounds thereof

113.01

Oxides of sulphur

113.02

Sulphuric acid

113.03

Carbon disulphide

114

Vanadium or compounds thereof

115.01

Chlorine

115.02

Bromine

115.04

Iodine

115.05

Fluorine or compounds thereof

116

117

118

119

120

121

122

123

124

125

Aliphatic or alicyclic hydrocarbons derived from petroleum spirit or petrol

Halogenated derivatives of the aliphatic or alicyclic hydrocarbons

Butyl, methyl and isopropyl alcohol

Ethylene glycol, diethylene glycol, 1,4-butanediol and the nitrated derivatives of the glycols and of glycerol

Methyl ether, ethyl ether, isopropyl ether, vinyl ether, dichloroisopropyl ether, guaiacol, methyl ether and
ethyl ether of ethylene glycol

Acetone, chloroacetone, bromoacetone, hexafluoroacetone, methyl ethyl ketone, methyl n-butyl ketone,
methyl isobutyl ketone, diacetone alcohol, mesityl oxide, 2-methylcyclohexanone

Organophosphorus esters

Organic acids

Formaldehyde

Aliphatic nitrated derivatives

126.01

Benzene or counterparts thereof (the counterparts of benzene are defined by the formula: CnH2n-6)

126.02

Naphthalene or naphthalene counterparts (the counterpart of naphthalene is defined by the formula:
CnH2n-12)

126.03

Vinylbenzene and divinylbenzene

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127

Halogenated derivatives of the aromatic hydrocarbons

128.01

Phenols or counterparts or halogenated derivatives thereof

128.02

Naphthols or counterparts or halogenated derivatives thereof

128.03

Halogenated derivatives of the alkylaryl oxides

128.04

Halogenated derivatives of the alkylaryl sulfonates

128.05

Benzoquinones

129.01

Aromatic amines or aromatic hydrazines or halogenated, phenolic, nitrified, nitrated or sulfonated deriva-
tives thereof

129.02

Aliphatic amines and halogenated derivatives thereof

130.01

Nitrated derivatives of aromatic hydrocarbons

130.02

Nitrated derivatives of phenols or their counterparts

131

132

133

135

136

2

201

Antimony and derivatives thereof

Nitric acid esters

Hydrogen sulphide

Encephalopathies due to organic solvents which do not come under other headings

Polyneuropathies due to organic solvents which do not come under other headings

Skin diseases caused by substances and agents not included under other headings

Skin diseases and skin cancers caused by:

201.01

201.03

Soot

Tar

201.02

Bitumen

201.04

Pitch

201.05

Anthracene or compounds thereof

201.06

Mineral and other oils

201.07

Crude paraffin

201.08

Carbazole or compounds thereof

201.09

By-products of the distillation of coal

202

3

301

Occupational skin ailments caused by scientifically recognised allergy-provoking or irritative substances not
included under other headings

Diseases caused by the inhalation of substances and agents not included under other headings

Diseases of the respiratory system and cancers

301.11

Silicosis

301.12

Silicosis combined with pulmonary tuberculosis

301.21

Asbestosis

301.22

Mesothelioma following the inhalation of asbestos dust

301.31

Pneumoconioses caused by dusts of silicates

302

303

Complication of asbestos in the form of bronchial cancer

Broncho-pulmonary ailments caused by dusts from sintered metals

304.01

Extrinsic allergic alveolites

304.02

Lung diseases caused by the inhalation of dusts and fibres from cotton, flax, hemp, jute, sisal and bagasse

304.04

Respiratory ailments caused by the inhalation of dust from cobalt, tin, barium and graphite

304.05

Siderosis

305.01

Cancerous diseases of the upper respiratory tract caused by dust from wood

304.06

304.07

Allergic asthmas caused by the inhalation of substances consistently recognised as causing allergies and
inherent to the type of work

Allergic rhinitis caused by the inhalation of substances consistently recognised as causing allergies and
inherent to the type of work

306

Fibrotic diseases of the pleura, with respiratory restriction, caused by asbestos

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307

308

309

310

4

401

402

403

404

405

406

407

5

502.01

502.02

503

504

505.01

505.02

506.10

506.11

506.12

506.13

506.21

506.22

506.23

506.30

506.40

506.45

507

508

Chronic obstructive bronchitis or emphysema in miners working in underground coal mines

Lung cancer following the inhalation of asbestos dust

Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof

Broncho-pulmonary ailments caused by dusts from basic slags

Infectious and parasitic diseases

Infectious or parasitic diseases transmitted to man by animals or remains of animals

Tetanus

Brucellosis

Viral hepatitis

Tuberculosis

Amoebiasis

Other infectious diseases caused by work in disease prevention, health care, domicilary assistance and other
comparable activities for which a risk of infection has been proven

Diseases caused by the following physical agents:

Cataracts caused by heat radiation

Conjunctival ailments following exposure to ultraviolet radiation

Hypoacousis or deafness caused by noise

Diseases caused by atmospheric compression or decompression

Osteoarticular diseases of the hands and wrists caused by mechanical vibration

Angioneurotic diseases caused by mechanical vibration

Diseases of the periarticular sacs due to pressure

Pre-patellar and sub-patellar bursitis

Olecranon bursitis

Shoulder bursitis

Diseases due to overstraining of the tendon sheaths

Diseases due to overstraining of the peritendineum

Diseases due to overstraining of the muscular and tendonous insertions

Meniscus lesions following extended periods of work in a kneeling or squatting position

Paralysis of the nerves due to pressure

Carpal tunnel syndrome

Miner's nystagmus

Diseases caused by ionising radiation

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Additional list of diseases suspected of being occupational in origin which should be subject to notification and
which may be considered at a later stage for inclusion in Annex I to the European schedule

ANNEX II

2.1

2.101

2.102

2.103

2.104

2.105

2.106

2.107

2.108

2.109

2.111

2.112

2.113

2.114

2.115

2.116

2.117

2.118

2.119

2.120

2.121

2.122

2.123

2.124

2.125

2.126

2.127

2.128

2.129

2.130

2.140

2.141

2.150

2.160

2.170

2.190

2.2

Diseases caused by the following agents:

Ozone

Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I

Diphenyl

Decalin

Aromatic acids — aromatic anhydrides or their halogenated derivatives

Diphenyl oxide

Tetrahydrophurane

Thiopene

Methacrylonitrile

Acetonitrile

Thioalcohols

Mercaptans and thioethers

Thallium or compounds thereof

Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I

Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I

Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I

Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I

Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I

Furfural

Thiophenols or counterparts or halogenated derivatives thereof

Silver

Selenium

Copper

Zinc

Magnesium

Platinum

Tantalum

Titanium

Terpenes

Boranes

Diseases caused by inhaling nacre dust

Diseases caused by hormonal substances

Dental caries associated with work in the chocolate, sugar and flour industries

Silicium oxide

Polycyclic aromatic hydrocarbons which do not come under other headings

Dimethylformamide

Skin diseases caused by substances and agents not included under other headings

2.201

Allergic and orthoallergic skin ailments not recognised in Annex I

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2.3

2.301

2.303

2.304

2.305

2.307

2.308

2.4

2.401

2.402

2.5

2.501

2.502

Diseases caused by inhaling substances not included under other headings

Pulmonary fibroses due to metals not included in the European schedule

Broncho-pulmonary ailments and cancers associated with exposure to the following:

— soot

— tar

— bitumen

— pitch

— anthracene or compounds thereof

— mineral and other oils

Broncho-pulmonary ailments caused by man-made mineral fibres

Broncho-pulmonary ailments caused by synthetic fibres

Respiratory ailments, particularly asthma, caused by irritants not listed in Annex I

Cancer of the larynx following the inhalation of asbestos dust

Infectious and parasitic diseases not described in Annex I

Parasitic diseases

Tropical diseases

Diseases caused by physical agents

Avulsion due to overstraining of the spinous processes

Disc-related diseases of the lumbar vertebral column caused by the repeated vertical effects of whole-body
vibration

2.503

Nodules on the vocal chords caused by sustained work-related vocal effort