Amended 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)
Date: 2009-02-18
Institutions: European Commission
Subjects: asbestos, codification of EU law, occupational safety, worker (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.2.2009 
COM(2009) 71 final 

2009/0021 (COD) 

Amended 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) 

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1. 

2. 

3. 

EXPLANATORY MEMORANDUM 

On  7  November  2006,  the  Commission  presented  a  proposal  for  a  Directive  of  the 
European Parliament and of the Council codifying Council Directive 83/477/EEC of 
19 September 1983 on the protection of workers from the risks related to exposure to 
asbestos at work1. 

In  its  opinion  of  2  February  2007  the  Consultative  Working  Party  of  the  legal 
services  set  up  under  the  Interinstitutional  Agreement  of  20  December  1994  on  an 
accelerated  working  method  for  official  codification  of  legislative  texts2  has  stated 
that the proposal referred to in point 1 does indeed confine itself to straightforward 
codification, without any substantive changes to the acts covered by it. 

Having regard to the amendments adopted3 in respect of the proposal referred to in 
point  1  and  in  view  of  the  work  already  carried  out  in  the  Council  thereon,  the 
Commission  has  decided  to  present  –  in  accordance  with  Article  250(2)  of  the  EC 
Treaty – an amended proposal for codification of Directive 83/477/EEC. 

This amended proposal also takes account of the purely formal or editorial changes 
proposed  by  the  Consultative  Working  Party  of  the  legal  services,  where  these  are 
considered justified4. 

4. 

The changes made in this amended proposal, compared with the proposal referred to 
in point 1, are the following: 

(1) 

the second citation has been modified; 

(2) 

footnote no 3 has been adapted; 

(3)  Recitals 2, 3 and 4 have been deleted; 

(4)  Recitals 5, 12, 14 and 18 have been modified; 

(5) 

In  Article  9  and  in  Article  18(2),  the  reference  to  Article  17(2)  of 
Directive 89/391/EEC  has  been  replaced  by  a  reference  to  Article  17  of  that 
Directive; 

(6) 

in Article 18(5), the reference to paragraph 2 has been replaced by a reference 
to paragraph 3; 

(7)  a  new  Article  22  has  been  inserted;  consequently  Articles  22  to  25  have 

become Articles 23 to 26; 

(8) 

in  Annex  II,  Part  A,  the  tables  have  been  updated  following  publication  of 
Directive 2007/30/EC; in addition, the specification relating to the reference to 

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COM(2006) 664 final of 7.11.2006. 
OJ C 102, 4.4.1996, p. 2. 
OJ L 165, 27.6.2007, p. 2. 
Cf. the opinion of the Consultative Working Party of 2 February 2007. 

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Council  Directive  98/24/EC  has  been  replaced  by  the  specification  ‘only 
Article 13(2)’; 

(9) 

in Annex II, Part B, the date of 1 January 1987 has been replaced by that of 
31 December 1986; in the footnote related thereto, the date of 1 January 1990 
has been replaced by that of 31 December 1989; 

(10)  in  Annex  III,  the  correlation  table  has  been  modified  in  accordance  with  the 

changes to the enacting terms. 

5. 

To  facilitate  reading  and  examination,  the  full  text  of  the  amended  proposal  for 
codification is attached hereto. 

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(cid:208) 83/477/EEC (adapted) 

2009/0021 (COD) 

Amended 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) 

(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, 

Having regard to the opinion of the European Economic and Social Committee1, 

⌦ Having consulted the Committee of the Regions, ⌫ 

⌦ Acting in accordance with the procedure laid down in Article 251 of the Treaty2, ⌫ 

Whereas: 

(cid:208)  

(1) 

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)3  has  been  substantially 
amended  several  times4.  In  the  interests  of  clarity  and  rationality  the  said  Directive 
should be codified. 

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2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 263, 24.9.1983, p. 25.  
See Annex II, Part A. 

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(2) 

Asbestos is a ⌦ particularly dangerous agent which may cause serious diseases and 
which  is ⌫  found  in  a  large  number  of  circumstances  at  work.  Many  workers  are 
therefore  exposed  to  a  potential  health  risk.  Crocidolite  is  considered  to  be  a 
particularly dangerous type of asbestos. 

(cid:208) 83/477/EEC Recital 3 (adapted) 

(cid:208) 83/477/EEC Recitals 1 and 4 
(adapted) 

(3) 

Although current scientific knowledge is not such that a level can be established below 
which  risks  to  health  cease  to  exist,  a  reduction  in  exposure  to  asbestos  will 
nonetheless  reduce  the  risk  of  developing  asbestos-related  disease.  ⌦ It  is 
accordingly  necessary  to  provide  for  the  establishment  of  specific  harmonised 
procedures  regarding  the  protection  of  workers  with  respect  to  asbestos. ⌫  This 
Directive  includes  minimum  requirements  which  will  be  reviewed  on  the  basis  of 
experience acquired and of developments in technology in this area. 

(4) 

Optical  microscopy,  although  it  does  not  allow  a  counting  of  the  smallest  fibres 
detrimental to health, is the most currently used method for the regular measuring of 
asbestos. 

(cid:208) 83/477/EEC Recital 5 

(5) 

Preventive  measures  for  the  protection  of  the  health  of  workers  exposed  to  asbestos 
and the commitment envisaged for Member States with regard to the surveillance of 
their health are important. 

(cid:208) 83/477/EEC Recital 6 

(6) 

In order to ensure clarity in the definition of the fibres, they should be defined either in 
mineralogical terms or by reference to their Chemical Abstract Service (CAS) number. 

(cid:208) 2003/18/EC Recital 6 

(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. 

(cid:208) 2003/18/EC Recital 7 

(8) 

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

(cid:208) 2003/18/EC Recital 8 

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(cid:208) 2003/18/EC Recital 9 (adapted) 
and 91/382/EEC Recital 7 

(9)  ⌦ The prohibition on the application of asbestos by means of the spraying process is 
not sufficient to prevent the release of asbestos fibres into the air. It is also important 
to prohibit ⌫ 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. 

(10)  Taking account of the latest technical expertise, it is necessary to specify the sampling 
methodology  to  be  used  to  measure  the  asbestos  level  in  air  and  the  method  of 
counting fibres. 

(cid:208) 2003/18/EC Recital 10  

(cid:208) 2003/18/EC Recital 11 
(adapted) and 91/382/EEC 
Recital 6 

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

(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 buildings. 

(cid:208) 2003/18/EC Recital 12 

(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. 

(cid:208) 2003/18/EC Recital 13 

(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. 

(cid:208) 2003/18/EC Recital 14 

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(cid:208) 2003/18/EC Recital 16 
(adapted) 

(15)  Practical recommendations on the clinical surveillance of exposed workers ⌦ should 
be laid down ⌫ in the light of the latest medical expertise ⌦ with a view to the early 
detection of pathologies linked to asbestos ⌫. 

(cid:208) 2003/18/EC Recital 17 

(16)  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 sufficiently 
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 subsidiarity as set out in Article 5 of the 
Treaty. In 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. 

(cid:208) 2003/18/EC Recitals 18 and 19 
(adapted) 

(17)  The  ⌦ provisions ⌫  contained  in  this  Directive  constitute  a  concrete  contribution 
towards creating the social dimension of the internal market. These ⌦ provisions ⌫ 
are  limited  to  the  minimum  in  order  not  to  impose  an  unnecessary  burden  on  the 
creation and development of small and medium-sized enterprises.  

(18)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
concerning  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex II, Part B, 

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

(cid:208) 83/477/EEC (adapted) 

1.  This  Directive  has  as  its  aim  the  protection  of  workers  against  risks  to  their  health, 
including the prevention of such risks, arising or likely to arise from exposure to asbestos at 
work.  

It lays down the limit values ⌦ for this exposure, ⌫ as well as other specific requirements. 

2. This Directive shall not prejudice the right of Member States to apply or introduce laws, 
regulations or administrative provisions ensuring greater protection for workers, in particular 
as regards the replacement of asbestos by less dangerous substitutes. 

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(cid:208) 2003/18/EC Art. 1 pt. 2 
(adapted) 

Article 2 

For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

asbestos actinolite, CAS No 77536-66-45; 

asbestos grunerite (amosite), CAS No 12172-73-56; 

asbestos anthophyllite, CAS No 77536-67-57; 

chrysotile, CAS No 12001-29-58; 

crocidolite, CAS No 12001-28-49; 

asbestos tremolite, CAS No 77536-68-610. 

(cid:208) 83/477/EEC 

Article 3 

1.  This  Directive  shall  apply  to  activities  in  which  workers  are  or  may  be  exposed  in  the 
course of their work to dust arising from asbestos or materials containing asbestos. 

2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos 
or materials containing asbestos, this risk must be assessed in such a way as to determine the 
nature  and  degree  of  the  workers'  exposure  to  dust  arising  from  asbestos  or  materials 
containing asbestos. 

(cid:208) 2003/18/EC Art. 1 pt. 3(a) 

3. Provided that worker exposure is sporadic and of low intensity, and if 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,  18  and  19  may  be  waived 
where the work involves: 

(a) 

short, non-continuous maintenance activities in which only non-friable materials are 
handled; 

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Number in the register of the Chemical Abstract Service (CAS). 
Number in the register of the Chemical Abstract Service (CAS). 
Number in the register of the Chemical Abstract Service (CAS). 
Number in the register of the Chemical Abstract Service (CAS). 
Number in the register of the Chemical Abstract Service (CAS). 
Number in the register of the Chemical Abstract Service (CAS). 

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(b) 

(c) 

(d) 

removal without deterioration of non-degraded materials in which the asbestos fibres 
are firmly linked in a matrix; 

encapsulation  or  sealing  of  asbestos-containing  materials  which  are  in  good 
condition; 

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

(cid:208) 2003/18/EC Art. 1 pt. 3(b) 
(adapted) 

4.  Member  States  shall,  following  consultation  with  ⌦ representatives  from  both  sides  of 
industry, ⌫ in accordance with national law and practice, lay down practical guidelines for 
the determination of sporadic and low-intensity exposure, as provided for in paragraph 3. 

5. The assessment ⌦ referred to ⌫ in paragraph 2 shall be the subject of consultation with 
the workers and/or their representatives within the undertaking or establishment and shall be 
revised where there is reason to believe that it is incorrect or there is a material change in the 
work. 

(cid:208) 83/477/EEC (adapted) 

Article 4 

1. Subject to Article 3(3), the measures ⌦ referred to in paragraphs 2 to 5 ⌫ shall be taken. 

2.  The  activities  referred  to  in  Article  3(1)  must  be  covered  by  a  notification  system 
administered by the responsible authority of the Member State. 

(cid:208) 2003/18/EC Art. 1 pt. 4(a) 
(adapted) 

3. The notification ⌦ referred to in paragraph 2 ⌫ shall be submitted by the employer to the 
responsible authority of the Member States, before the work commences, in accordance with 
national laws, regulations and administrative provisions. 

The notification must include at least a brief description of: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the location of the work site; 

the type and quantities of asbestos used or handled; 

the activities and processes involved; 

the number of workers involved; 

the starting date and duration of the work; 

measures taken to limit the exposure of workers to asbestos. 

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4. Workers and/or their representatives in undertakings or establishments shall have access to 
the  documents  which  are  the  subject  of  ⌦ the ⌫  notification  ⌦ referred  to  in 
paragraph 2 ⌫  concerning  their  own  undertaking  or  establishment  in  accordance  with 
national laws. 

(cid:208) 83/477/EEC (adapted) 

5.  Each  time  a  change  in  working  conditions  is  likely  to  result  in  a  significant  increase  in 
exposure to dust from asbestos or materials containing asbestos,  a new notification  must  be 
submitted. 

(cid:208) 2003/18/EC Art. 1 pt. 4(b) 

(cid:208) 91/382/EEC Art. 1 pt. 2 

Article 5 

The  application  of  asbestos  by  means  of  the  spraying  process  and  working  procedures  that 
involve  using  low-density  (less  than  1 g/cm3)  insulating  or  soundproofing  materials  which 
contain asbestos shall be prohibited. 

(cid:208) 2003/18/EC Art. 1 pt. 5 

Without prejudice to the application of other Community provisions on the marketing and use 
of  asbestos,  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  shall  be  prohibited,  with  the 
exception  of  the  treatment  and  disposal  of  products  resulting  from  demolition  and  asbestos 
removal. 

(cid:208) 2003/18/EC Art. 1 pt. 6 

Article 6 

For  all  activities  referred  to  in  Article  3(1),  the  exposure  of  workers  to  dust  arising  from 
asbestos or materials 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: 

(a) 

(b) 

(c) 

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; 

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; 

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

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(d) 

(e) 

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

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/EEC11. 

(cid:208) 2003/18/EC Art. 1 pt. 7 

Article 7 

1. Depending on the results of the initial risk assessment, 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 regularly. 

2.  Sampling  must  be  representative  of  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. 

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

5. The duration of sampling must be such that representative 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 phase-contrast microscope (PCM) 
in  accordance  with  the  method  recommended  in  1997  by  the  World  Health  Organisation 
(WHO)12 or any other method giving equivalent results. 

For  the  purpose  of  measuring  asbestos  in  the  air,  as  referred  to  in  paragraph  1,  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. 

(cid:208) 2003/18/EC Art. 1 pt. 8 

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). 

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OJ L 377, 31.12.1991, p. 20.  
Determination  of  airborne  fibre  concentrations.  A  recommended  method,  by  phase-contrast  optical 
microscopy (membrane filter method), WHO, Geneva 1997 (ISBN 92 4 154496 1). 

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(cid:208) 91/382/EEC Art. 1 pt. 5 

Article 9 

(cid:208) 98/24/EC Art. 13(2)(b) 
(adapted) 

The  amendments  necessary  to  adapt  ⌦ Annex  I ⌫  to  this  Directive  to  technical  progress 
shall be adopted in accordance with the procedure ⌦ referred to ⌫ in Article 17 of Council 
Directive 89/391/EEC13. 

(cid:208) 83/477/EEC 
(cid:206)1 2003/18/EC Art. 1 pt. 10(a) 

Article 10 

1. (cid:206)1 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.  

Work may not be continued in the affected area until adequate measures have been taken for 
the protection of the workers concerned. 

2. In order to check the effectiveness of the measures mentioned in the first subparagraph of 
paragraph 1, a further determination of the asbestos-in-air concentrations shall be carried out 
immediately. 

(cid:208) 2003/18/EC Art. 1 pt. 10(b) 

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 conditions and, where relevant, in consultation 
with the workers and/or their representatives, in accordance with national laws and practice. 

(cid:208) 2003/18/EC Art. 1 pt. 11 

Article 11 

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

13 

OJ L 183, 29.6.1989, p. 1. 

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

(cid:208) 83/477/EEC 

Article 12 

(cid:208) 2003/18/EC Art. 1 pt. 12 

In  the  case  of  certain  activities  such  as  demolition,  asbestos  removal  work,  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) 

(b) 

(c) 

workers  shall  be  issued  with  suitable  respiratory  and  other  personal  protective 
equipment, which must be worn; and 

warning signs shall be put up indicating that it is foreseeable that the limit value laid 
down in Article 8 will be exceeded; and 

the spread of dust arising from asbestos or materials containing asbestos outside the 
premises or site of action shall be prevented. 

The  workers  and/or  their  representatives  in  the  undertaking  or  establishment  shall  be 
consulted on these measures before the activities concerned are carried out. 

(cid:208) 83/477/EEC 

Article 13 

1. A plan of work shall be drawn up before demolition work or work on removing asbestos 
and/or asbestos-containing products from buildings, structures, plant or installations or from 
ships is started. 

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. 

(cid:208) 2003/18/EC Art. 1 pt. 13 

The plan must in particular specify that: 

(a) 

(b) 

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 than 
if the asbestos and/or asbestos-containing products had been left in place; 

the  personal  protective  equipment  referred  to  in  point  (a)  of  the  first  paragraph  of 
Article 12 shall be provided, where necessary; 

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(c) 

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 laws and practice. 

At  the  request  of  the  competent  authorities,  the  plan  shall  include  information  on  the 
following: 

(cid:208) 91/382/EEC Art. 1 pt. 6(a) 

(a) 

(b) 

(c) 

the nature and probable duration of the work; 

the place where the work is carried out; 

the methods applied where the work involves the handling of asbestos or of materials 
containing asbestos; 

(d) 

the characteristics of the equipment used for: 

(i) 

protection and decontamination of those carrying out the work; 

(ii)  protection of other persons present on or near the worksite. 

3.  At  the  request  of  the  competent  authorities,  the  plan  referred  to  in  paragraph  1  must  be 
notified to them before the start of the projected work. 

(cid:208) 91/382/EEC Art. 1 pt. 6(b) 

(cid:208) 2003/18/EC Art. 1 pt. 14 
(adapted) 

Article 14 

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 understandable for workers. It must enable them 
to acquire the necessary knowledge and skills in terms of prevention and safety, particularly 
as regards: 

(a) 

(b) 

(c) 

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

the types of products or materials likely to contain asbestos; 

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; 

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(e) 

(f) 

(g) 

(h) 

(i) 

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

emergency procedures; 

decontamination procedures; 

waste disposal; 

medical ⌦ surveillance ⌫ requirements. 

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

Article 15 

Before  carrying  out  demolition  or  asbestos  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. 

(cid:208) 83/477/EEC 

Article 16 

1.  In  the  case  of  all  activities  referred  to  in  Article  3(1),  and  subject  to  Article  3(3), 
appropriate measures shall be taken to ensure that: 

(a) 

the places in which the above activities take place: 

(i) 

are clearly demarcated and indicated by warning signs; 

(ii) 

are not accessible to workers other than those who by reason of their work or 
duties are required to enter them; 

(iii)  constitute areas where there should be no smoking; 

(b) 

(c) 

(d) 

(e) 

areas are set aside where workers can eat and drink without risking contamination by 
asbestos dust; 

workers are provided with appropriate working or protective clothing; this working 
or protective clothing remains within the undertaking; it may, however, be laundered 
in establishments outside the undertaking which are equipped for this sort of work if 
the undertaking does not carry out the cleaning itself; in that event the clothing shall 
be transported in closed containers; 

separate storage places are provided for working or protective clothing and for street 
clothes; 

workers  are  provided  with  appropriate  and  adequate  washing  and  toilet  facilities, 
including showers in the case of dusty operations; 

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(f) 

protective equipment is placed in a well-defined place and checked and cleaned after 
each use, and appropriate measures are taken to repair or replace defective equipment 
before further use. 

2. Workers may not be charged with the cost of measures taken pursuant to paragraph 1. 

Article 17 

1. In the case of all activities referred to in Article 3(1), appropriate measures shall be taken to 
ensure  that  workers  and  their  representatives  in  the  undertaking  or  establishment  receive 
adequate information concerning: 

(a) 

(b) 

(c) 

(d) 

the potential risks to health from exposure to dust arising from asbestos or materials 
containing asbestos; 

the  existence  of  statutory  limit  values  and  the  need  for  the  atmosphere  to  be 
monitored; 

hygiene requirements, including the need to refrain from smoking; 

the precautions to be taken as regards the wearing and use of protective equipment 
and clothing; 

(e) 

special precautions designed to minimise exposure to asbestos. 

2.  In  addition  to  the  measures  referred  to  in  paragraph  1,  and  subject  to  Article  3(3), 
appropriate measures shall be taken to ensure that: 

(a) 

(b) 

workers and/or their representatives in the undertaking or establishment have access 
to  the  results  of  asbestos-in-air  concentration  measurements  and  can  be  given 
explanations of the significance of those results; 

(cid:208) 2003/18/EC Art. 1 pt. 15 

if  the  results  exceed  the  limit  value  laid  down  in  Article  8,  the  workers  concerned 
and their representatives 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 measures to 
be taken or, in an emergency, are informed of the measures which have been taken. 

(cid:208) 83/477/EEC (adapted) 
(cid:206)1 98/24/EC Art. 13(2)(c) 

Article 18 

1. Subject to Article 3(3), the measures ⌦ referred to in paragraphs 2 to 5 ⌫ shall be taken. 

2. An assessment of each worker's state of health must be available prior to the beginning of 
exposure to dust arising from asbestos or materials containing asbestos at the place of work. 

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This  assessment  must  include  a  specific  examination  of  the  chest.  Annex  I  gives  practical 
recommendations  to  which  the  Member  States  may  refer  for  the  clinical  surveillance  of 
workers;  these  recommendations  shall  be  adapted  to  technical  progress  (cid:206)1 in  accordance 
with the procedure ⌦ referred to ⌫ in Article 17 of Directive 89/391/EEC . 

A new assessment must be available at least once every three years for as long as exposure 
continues. 

An  individual  health  record  shall  be  established  in  accordance  with  national  laws  and 
practices for each worker referred to in the first subparagraph. 

3.  Following  the  clinical  surveillance  referred  to  in  ⌦ the  second  subparagraph  of 
paragraph 2 ⌫,  the  doctor  or  authority  responsible  for  the  medical  surveillance  of  the 
workers  should,  in  accordance  with  national  laws,  advise  on  or  determine  any  individual 
protective  or  preventive  measures  to  be  taken;  these  may  include,  where  appropriate,  the 
withdrawal of the worker concerned from all exposure to asbestos. 

(cid:208) 2003/18/EC Art. 1 pt. 16 

4. 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  national  laws  and 
practice . 

5. The worker concerned or the employer may request a review of the assessments referred to 
in ⌦ paragraph ⌫ 3, in accordance with national laws. 

(cid:208) 83/477/EEC (adapted) 

Article 19 

1. Subject to Article 3(3), the measures ⌦ referred to in paragraphs 2, 3 and 4 ⌫ shall be 
taken. 

2.The employer must enter the workers responsible for carrying out the activities referred to 
in Article 3(1) in a register, indicating the nature and duration of the activity and the exposure 
to  which  they  have  been  subjected.  The  doctor  and/or  the  authority  responsible  for  medical 
surveillance shall have access to this register. Each worker shall have access to the results in 
the  register  which  relate  to  him  personally.  The  workers  and/or  their  representatives  shall 
have access to anonymous, collective information in the register. 

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3. The register referred to in ⌦ paragraph 2 ⌫ and the medical records referred to in ⌦ the 
fourth subparagraph of ⌫ Article 18 ⌦ (2) ⌫ shall be kept for at least 40 years following 
the end of exposure, in accordance with national laws and/or practice. 

(cid:208) 2003/18/EC Art. 1 pt. 17 
(adapted) 

4. The documents referred to in ⌦ paragraph 3 ⌫ shall be made available to the responsible 
authority  in  cases  where  the  undertaking  ceases  trading,  in  accordance  with  national  laws 
and/or practice. 

(cid:208) 2003/18/EC Art. 1 pt. 18 
(adapted) 

(cid:208) 2003/18/EC Art. 1 pt. 19 

Article 20 

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

(cid:208) 83/477/EEC 

Article 21 

Member States shall keep a register of recognised cases of asbestosis and mesothelioma. 

(cid:208) 2007/30/EC Art. 2 pt. 1 
(adapted) 

Article 22 

1. Every five years, Member States shall submit to the Commission a report on the practical 
implementation of this Directive in the form of a specific chapter in the single report provided 
for  in  Article  17a(1),  (2)  and  (3)  of  Directive  89/391/EC,  which  serves  as  a  basis  for  the 
evaluation carried out by the Commission under Article 17a(4) of that Directive. 

⌦ 2. The first report shall cover the period from 2007 to 2012. ⌫ 

(cid:208) 83/477/EEC 

Article 23 

Member  States  shall  communicate  to  the  Commission  the  provisions  of  national  law  which 
they adopt in the field covered by this Directive. 

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(cid:208)  

Article 24 

Directive 83/477/EEC, as amended by the Directives listed in Annex II, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the Directives set out in Annex II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 25 

(cid:208) 83/477/EEC 

Article 26 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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(cid:208) 83/477/EEC (adapted) 

ANNEX I 

Practical recommendations for the clinical assessment of workers, as referred to in 
Article 18 ⌦ (2), second subparagraph ⌫ 

1. 

Current knowledge indicates that exposure to free asbestos fibres can give rise to the 
following diseases: 

– 

– 

– 

– 

asbestosis, 

mesothelioma, 

bronchial carcinoma, 

gastro-intestinal carcinoma. 

2. 

3. 

The  doctor  and/or  authority  responsible  for  the  medical  surveillance  of  workers 
exposed to asbestos must be familiar with the exposure conditions or circumstances 
of each worker. 

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: 

(cid:208) 2003/18/EC Art. 1 pt. 21 

– 

– 

– 

– 

keeping records of a worker's medical and occupational 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  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 occupational health knowledge available. 

_______________ 

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(cid:207) 

ANNEX II 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 24) 

Council Directive 83/477/EEC 
(OJ L 263, 24.9.1983, p. 25) 

Council Directive 91/382/EEC 
(OJ L 206, 29.7.1991, p. 16) 

Council Directive 98/24/EC 
(OJ L 131, 5.5.1998, p. 11) 

Directive 2003/18/EC of the European Parliament 
and of the Council 
(OJ L 97, 15.4.2003, p. 48) 

Directive 2007/30/EC of the European Parliament 
and of the Council 
(OJ L 165, 27.6.2007, p. 21) 

Part B 

Only Article 13(2) 

Only Article 2, point 1 

List of time-limits for transposition into national law 
(referred to in Article 24) 

Directive 

Time-limit for transposition 

83/477/EEC 

91/382/EEC 

98/24/EC 

2003/18/EC 

2007/30/EC 

31 December 19861 

1 January 19932 

5 May 2001 

14 April 2006 

31 December 2012 

_____________ 

1 
2 

This date is replaced by 31 December 1989 in the case of asbestos-mining activities. 
As  regards  the  Hellenic  Republic,  the  time-limit  for  transposition  of  the  Directive  shall  be 
1 January 1996.  However,  the  date  of  transposition  of  the  provisions  concerning  asbestos-mining 
activities  shall  be  1  January  1996  for  all  the  Member  States  and  1  January  1999  for  the  Hellenic 
Republic. 

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ANNEX III 

CORRELATION TABLE 

Directive 83/477/EEC 

This Directive 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(1) 

_________ 

Article 1(2) 

Article 2, first to sixth indents 

Article 2, points (a) to (f) 

Article 3(1) to (3) 

Article 3(1) to (3) 

Article 3(3a) 

Article 3(4) 

Article 4, introductory wording 

Article 4, point (1) 

Article 4, point (2) 

Article 4, point (3) 

Article 4, point (4) 

Article 5  

Article 3(4) 

Article 3(5) 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 4(5) 

Article 5  

Article 6, points (1) to (5) 

Article 6, points (a) to (e) 

Articles 7 and 8 

Articles 7 and 8 

Article 9(2) 

Article 10 

Article 10a 

Article 9 

Article 10 

Article 11 

Article 11(1) and (2) 

Article 12, first and second subparagraphs 

Article 12(1) 

Article 13(1) 

Article 12(2), first subparagraph 

Article 13(2), first subparagraph 

Article  12(2),  second  subparagraph,  first 
indent 

Article 13(2), second subparagraph, point (a) 

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Article  12(2),  second  subparagraph,  second 
indent 

Article  12(2),  second  subparagraph,  third 
indent 

Article 13(2), second subparagraph, point (b)

Article 13(2), second subparagraph, point (c) 

Article 12(2), third subparagraph, first indent Article 13(2), third subparagraph, point (a) 

Article  12(2),  third  subparagraph,  second 
indent 

Article 13(2), third subparagraph, point (b) 

Article  12(2), 
indent 

third  subparagraph, 

third 

Article 13(2), third subparagraph, point (c) 

Article  12(2),  third  subparagraph,  fourth 
indent 

Article 13(2), third subparagraph, point (d) 

Article  12(2),  third  subparagraph,  fourth 
indent, first sub-indent 

Article 
point (d)(i) 

13(2), 

third 

subparagraph, 

Article  12(2),  third  subparagraph,  fourth 
indent, second sub-indent 

Article 
point (d)(ii) 

13(2), 

third 

subparagraph, 

Article 12(3) 

Article 12a 

Article 12b 

Article 13(1)(a) 

Article 13(1)(b) 

Article 13(1)(c)(i) and (ii) 

Article 13(1)(c)(iii) 

Article 13(1)(c)(iv) 

Article 13(1)(c)(v) 

Article 13(2) 

Article 13(3) 

Article 14 

Article 15 

Article 16(1)(a) 

Article 16(1)(b) 

Article 16(1)(c) 

Article 16(1)(d) 

Article 16(1)(e) 

Article 16(1)(f) 

Article 16(2) 

Article 14(1), introductory wording 

Article 17(1), introductory wording 

Article 14(1), first to fifth indents 

Article 17(1)(a) to (e) 

Article 14(2) 

Article 17(2) 

Article 15, introductory wording 

Article 18(1) 

Article 15, points (1) to (4) 

Article 18(2) to (5) 

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Article 16, introductory wording 

Article 19(1) 

Article 16, points (1) to (3) 

Article 19(2) to (4) 

Article 16a 

Article 17 

Article 17a 

_________ 

Article 18(1) 

Article 18(2) 

_________ 

_________ 

Article 19 

Annex II 

_______ 

_______ 

Article 20 

Article 21 

Article 22(1) 

Article 22(2) 

_______ 

Article 23 

Article 24 

Article 25 

Article 26 

Annex I 

Annex II 

Annex III 

_____________ 

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