Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (Codified version) COM(2006) 664 final — 2006/0222 (COD)
Date: 2007-02-15
Institutions: European Economic and Social Committee
Subjects: asbestos, codification of EU law, occupational safety, worker (EU)

28.4.2007

EN

Official Journal of the European Union

C 97/15

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the
European Parliament and of the Council on the protection of workers from the risks related to
exposure to asbestos at work (Codified version)

COM(2006) 664 final — 2006/0222 (COD)

(2007/C 97/07)

On 12 December 2006, the Council decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 22 January 2007. The rapporteur was
Mr Verboven.

At its 433rd plenary session, held on 15 and 16 February 2007 (meeting of 15 February), the European
Economic and Social Committee adopted the following opinion by 192 votes to three, with six abstentions.

1. Conclusions and recommendations

The Committee endorses the proposal and hopes that it

1.1
will be adopted swiftly by the Parliament and the Council.

the
1.2 Moreover,
Member States ratify ILO Convention 162 on Safety in the use
of asbestos.

the Committee reiterates its wish that

2. Explanatory statement

2.1 Summary of the Commission proposal

2.1.1
The purpose of this proposal is to undertake a codifica-
tion of Council Directive 83/477/EEC of 19 September 1983
on the protection of workers from the risks related to exposure
to asbestos at work (second individual Directive within the
meaning of Article 8 of Directive 80/1107/EEC). The new Direc-
supersede the various acts incorporated in it (1);
tive will
according to the Commission, this proposal fully preserves the
content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are
required by the codification exercise itself.

2.2 General comments

2.2.1
Exposure to asbestos remains a major risk factor for
various occupational categories, particularly in the construction
sector. It is generally considered that many tens of millions of
tons of asbestos were used in Europe during the 20th century.
Despite the EU's asbestos ban in 1999, exposure to asbestos will
continue for decades, mainly due to the number of buildings
containing the substance. Moreover, waste management and the
scrapping of a wide variety of equipment containing asbestos
can also pose risks of exposure.

Brussels, 15 February 2007.

The Committee has, on several occasions, examined
2.2.2
the issues raised by the protection of workers exposed to
asbestos. One example worth citing is
the own-initiative
opinion adopted on 4 March 1999 (2).

The first directive designed to protect workers from the
2.2.3
risks of asbestos exposure dates back to 1983. It was amended
on a number of occasions in order
to extend its scope,
strengthen prevention measures and reduce the limit values for
exposure. These different amendments could cause problems for
those affected by the legislation.

2.2.4
A codification must not make any substantial change
to the content. Having examined the proposal, which combines
the various provisions in force in a logical manner and makes
them clearer, the Committee believes that the text in question
fully upholds this basic principle and has no issue to raise.

2.2.5
The Committee hopes that the Commission will not
delay in consulting the social partners and the advisory
committee on safety, hygiene and health protection at work.

2.2.6
The Committee therefore endorses the proposal and
hopes that it will be adopted swiftly by the Parliament and the
Council.

2.3 Specific comments

The Committee recalls its opinion of 4 March 1999
2.3.1
and,
in particular, reiterates its wish that the Member States
ratify ILO Convention 162 on Safety in the use of asbestos. To
date, only ten of the 27 Member States have ratified it. Ratifica-
tion by all EU Member States would contribute to the reputation
of the ILO Convention as a major instrument for worldwide
protection of workers' safety and health.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(1) Council Directive 83/477/EEC, Council Directive 91/382/EEC, Council
Directive 98/24/EC (Article 13 only) and Directive 2003/18/EC of the
European Parliament and of the Council.

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