CELEX: 51990PC0221
Language: en
Date: 1990-05-22
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PROTECTION OF WORKERS FROM RISKS RELATED TO EXPOSURE TO CARCINOGENS AT WORK

COMMISSION OF THE EUROPEAN COMMUNITIES
§*-•*••                                        C0M(90) 221 final - SYN 110
                                               Brussels,22 May 1990
                              Re-examined proposal for a
                                   COUNCIL DIRECTIVE
                            on the protection of workers
                from risks related to exposure to carcinogens at work
              (presented by the Commission pursuant to Article 149.2(d)
                                  of the EEC treaty)
|1.
 ---pagebreak---                                Re-examined proposal for a
                                     COUNCIL DIRECTIVE
                              on the protection of workers
             from r i s k s related to exposure to carcinogens at work
PREVIOUS TEXT                                     AMENDED TEXT
                           Citations and recitals 1-10 unchanged
                                      Recital 10a (new)
                                                    Whereas nevertheless, in order to
                                                    contribute to a reduction in these risks
                                                    limit values should be established for
                                                    all those carcinogens for which the
                                                    available     information.     including
                                                    scientific and technical data, make this
                                                    possible.
                                 Other recitals unchanged
                               Article 1(1), second paragraph
                                                  To be amended as follows:
It lays down particular           minimum
provisions in this area.                          It lays down limit values and other
                                                  minimum requirements in this area
                               Article 1 (2 and 3) unchanged
 ---pagebreak---                                     Article 1(4) new
                                                 4.      This Directive shall not affect
                                                 more stringent        and/or     specific
                                                 provisions in the existing Directives
                                                 concerned with the protection of
                                                workers from the risk related to
                                                 exposure to carcinogens.
                              Article 2 and 3 unchanged
                                   Article 3a (new)
                                                 1- The contents of Annex III shall be
                                                established in accordance with the
                                                procedure laid down in Article 16
                                                paragraph 1 for all those carcinogens
                                                for which the available information^
                                                including scientific and technical data.
                                                make this possible.
                                                2. The limit values set down in Annex
                                                III shall be observed by employers
                                               without prejudice to the provisions of
                                                Article 5.
                                               3. In the case of any activity likely to
                                                involve a risk of exposure to
                                                carcinogens, for which limit values have
                                               been fixed the employer shall carry out
                                                measurements at regular intervals to
                                               ascertain compliance with the limit
                                               values. He shall keep records of the
                                               results of those measurements and
                                               make them available, on request, to the
                                               competent authority. Workers and
                                               their representatives shall be informed
                                               of the results of such measurements.
                              Article 3 to 15 unchanged
                                      Article 16
                                               To be amended as follows
                                                1. Subject to paragraph 2 Annex I and
1. Annex I may be amended in                   III may be amended in accordance only
accordance only with the procedure laid        with the procedure laid down in Article
down in Aticle 118 A of the Treaty.              118A of the Treaty.
 ---pagebreak--- 2. Purely technical adjustment to Annex       2. Purely technical adjustments to the
II in the light of technical progress,        Annexes in the light of technical
changes in international regulations or       progress, changes in international
specifications and new findings in the        regulations or specifications and new
field of carcinogens shall be adopted in      findings in the field of carcinogens shall
accordance with the procedure laid            be adopted in accordance with the
down in Article 17 of Directive                 rocedure laid down in Article 17 of
89/391/EEC.                                   Êdirective 89/391/EEC.
                              Article 17 to 19 unchanged
                                        Annex I
                                                To be amended as follows
                                                1 to 4 unchanged
                                                - 5 (new) Work involving exposure to
                                                certain wood dust, in particular oak
                                                and beech,
                                                - 6 (new) Work involving exposure to
                                                leather dust.
                                                - 7 (new) Work involving exposure to
                                                certain nitrosamines. for example in
                                                the rubber industry.
                                Annex II unchanged
                                   Annex III (new)
                                               List of exposure limit values (to which
                                               reference is made in Article 3a (new))
 ---pagebreak--- The Commission is unable to accept the following amendments proposed by the
European Parliament: (1)
1.  Amendments No 1 and 39 (concerning recital No 2 a (new) and Article 14 b
    (new))
    The Commission considers these to be unnecessary given that the legal basis is
    Article 118A, which stipulates that constraints shall not be imposed on small and
    medium-sized undertakings.
2.  Amendments No 2 and 10 (concerning recitals 6 and Article 1.1)
    The Commission considers that Directive 89/391/EEC is sufficient reference for
    this Directive.
3.  Amendment No 3 (concerning recital 6a (new))
    The Commission considers that this recital is not followed up in the main body of
    the Directive.
4.  Amendments No. 4 (2nd to 5th paragraphs) and 13 (2nd and 3rd paragraphs)
    (concerning recital 10a (new) and Article 2a (new))
    While the second and third paragraphs of Amendment No. 4 and the second
    paragraph of Amendment No. 8 are not followed up in the main body of the
    Directive, the other paragraph relate to provisions already covered in another
    form.
5.  Amendments No. 5 and 17 (concerning recital 10 b (new) and Article 3, 4a
    (new))
    The Commission considers that the protection of pregnant women, nursing
    mothers and young persons is covered m the Common Position (Article 3.4 and
    statement in minutes)
6.  Amendments No. 6 - 7 - 2 5 - 2 9 - 3 1 (concerning recital 10 (new), and Articles 3.4
    - 8.1 - 12a -13)
    The Commission considers that workers' rights and employers' obligations are
    covered by Directive 89/391/EEC, from which this proposal derives
1)  The numbering of the amendments corresponds to that in Doc. PE 139/129
 ---pagebreak---                                        r
                                         .C-
7.  Amendments No. 13 et 48(B) (concerning Article 2.4)
    The Commission opposes the introduction of a specific action levels; at any
    moment, all preventive measures must be applied
8.  Amendments No. 15,20,38 (concerning Articles 3.2 - 4.2 -14.8)
    The Commission considers that these amendments do not substantially modify
    the content of the Common Position.
9.  Amendment No. 18 (concerning Article 4.1a)
    The Commission considers that employers are already obliged to replace agents
    whenever technically possible..        '
10. Amendments No. 19 and 24 (concerning Article 4.2 and 7.1)
    The Commission agrees with the Council that additional administrative
    constraints on small and medium-sized undertakings must be avoided as far as
    possible.
11. Amendment No. 26 (concerning Article 9)
    The Commission is conscious of the fact that the competent authorities of the
    Member States already have access to workplaces.
12. Amendment No. 27 (concerning Article 10b)
    The Commission does not consider these proposals to be realistic.
13. Amendments No. 33-34-50-51 (concerning Article 14 and Annex II)
    The Commission considers that medical surveillance is applied differently in
    different Member States, but that the text of the Common Position already
    contains all the elements necessary to ensure that these measures are applied to
    workers at risk.
14. Amendment No. 41 (concerning Article 16a (new))
    The Commission does not consider it necessary to publish once again in the
    Official Journal the list of R45 agents ("may cause cancer").
15. Amendment No. 48 (concerning Annex III (new))
    The Commission considers it necessary to give further consideration to the limit
    value for Benzene and will bring forward a Directive as soon as possible.
 ---pagebreak---                                                      -a
                                                                                  ISSN 0254-1475
                                                                   COM(90) 221 final
                                                        DOCUMENTS
EN                                                                                           05
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