CELEX: 51990PC0184
Language: en
Date: 1990-05-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 83/477/EEC ON THE PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0MC90) 184 final - SYN 256
                                           Brussels, 30  May 1990
                        Proposal for a
                      COUNCIL DIRECTIVE
            amending Directive 83/477/EEC on the
        protection of workers from the risks related
               to exposure to asbestos at work
                (presented by the Commission)
 ---pagebreak---                                   A.
                     EXPLANATORY MEMORANDUM
Asbestos, the danger of which has been recognized in many scientific
studies and research projects, has been a major concern of the
Commission for a long time.
A system of protection at Community level was thus set up by the
adoption of two Council Directives, one on the protection of workers
from asbestos^1) and the other relating to restrictions on the
marketing and use of this agent(2>. The Council adopted two other
Directives for the protection of the environment, one for limiting the
pollution of the aquatic environment^3*, and the other on the
prevention and reduction of environmental pollution by asbestos^4*.
Asbestos is being monitored more and more effectively at the workplace»
the results of which would tend to indicate that exposure to asbestos
fibres can be reduced still further.
Moreover, studies are being carried out on the possibilities of using
replacement fibres and their harmfulness. The properties of these
fibres are sometimes no match - at least not yet - for those of
asbestos fibres in certain industrial applications, and the data on
their effects on the health of the general public and workers are not
yet conclusive.
The Commission is following closely the production and use of asbestos
and the prospects for change, taking particular account of the
situation in third countries.
In spite of all these efforts, there are more than 1 500 deaths every
year in the Community as a result of occupational exposure to asbestos.
This figure mirrors the effects of occupational exposure - in some
cases very high - received prior to the adoption of the original
legislation on the protection of workers. The most recent
epidemiological data would tend to indicate that a substantial
reduction in the limit values for occupational exposure to asbestos can
reduce still further the risks that such diseases will occur.
This has been the Commission's strategy in its revision of the
provisions of Directive 83/477/EEC, notably the provisions of Articles
3 (3) and 8.
(1) 0J No L263, Of 24.9.83, p. 25
(2) 0J No L263 of 24.9.83, p. 33 and 0J No L375 of 31.12.85, p. 1
(3) OJ No L129 Of 18.5.76, p. 23
(4) OJ NO L85 of 28.3.87, p. 40
 ---pagebreak---                                        - 2 -
1. General observations on the proposal for a Directive
The Council Directive of 19 September 1983 (1) on the protection of workers from the
risks related to exposure to asbestos at work provides in Article 9 that the Council,
acting on a proposal from the Commission, shall review the provisions laid down in
Article 3(3) and Article 8 before 1 January 1990, to take account, in particular, of
progress made in scientific knowledge and technology and in the light of experience
gained in the application of the said Directive. In order to fulfil these provisions, the
Commission proposes the present text to the Council.
The deadline set for the implementation of Directive 83/477/EEC into national
legislation in the various Member States were 1 January 1987, at the latest, and 1
January 1990, at the latest, in the case of asbestos-mining activities. As the latter
deadline was the same as the deadline for adapting this Directive to progress in
technology, the Commission has not contemplated reworking other provisions than
those for which it had received a brief from the Council.
(1) OJ No L 263, 2 4 . 9 . 8 3 , p. 2.
 ---pagebreak---                                        - 3 -
2. Observations concerning certain specific aspects of the proposal for a Directive
a)    Limit values for exposure at the place of work and the level of action (Article 1.
      points 1 and 4)
    The most recent scientific and technical data show that the type of fibre appears
     to influence the prevalence of certain types of cancers. For example, fibres which
     belong to the amphibole category (crocidolite and amosite, in particular, but also
     tremolite) have a far greater association with mesotheliomas than fibres of the
     serpentine group, to which chrysotile belongs.
    In addition, it appears that all types of asbestos fibres are not used to the same
     degree at work. Chrysotile alone accounts for 97% of world production of
     asbestos fibre, whereas crocidolite accounts for only 2%, and amosite 1%.
     Actinolite, tremolite and anthophyllite together represent less than 1% of world
     production.
    In order to take account of these different parameters and to ensure greater
     protection of workers, it is appropriate to make a distinction between chrysotile,
     on the one hand, and crocidolite and amosite, on the other, for the purpose of
     laying down limit values for exposure at the place of work (Article 8) and the
     action levels (Article 3 (3)) in this proposal for a Directive.
    The action level for crocidolite and the limit values for exposure at work for
     crocidolite, amosite, asbestos and chrysotile put forward in this proposal are
     therefore lower than those set out in Directive 83/411/EEC.
    The reference method for measuring the concentration of asbestos in the air at
     the place of work, which is described in Annex 1 of Directive 83/477/EEC and
     which uses optical microscopy, has been retained in this proposal because it is
     simplest method to use, the most widespread at work and the least costly; the
     Commission did not consider it advisable to propose a modification to the
     reference method.
 ---pagebreak---                                 - 4 -
b)  Specific proposals for buildings (Article 1 (2)
   The current proposal supplements the provisions of Directive 83/477/EEC with a
   ban on the use of detachable or friable asbestos in building construction, in order
   to prevent asbestos from being released into the atmosphere when a structure
   becomes older, and to safeguard the exposed population.
c)  Provisions for the adaptation to progress in technology of the method for
    measuring asbestosfibres(Article 1 (3))
    The procedure for the adaptation to progress in technology, which was advocated
    in Directive 83/477/EEC and which provided for action to be taken by the
    Council, on the basis of a proposal from the Commission, has been simplified so
    that action is taken by the Committee for Adaptation to Technical Progress,
    which was established by Article 9 of Directive 80/1107/EEC. This makes it
    possible for the measurement method to be adapted quickly in order to provide
    optimum protection of workers at the earliest possible opportunity.
 ---pagebreak---                                    - 5 -
                    Proposal for a Council Directive amending
                    Directive 83/477/EEC on the protection of
                   workers from the risks related to exposure to
                                   asbestos at work
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
having regard to the Treaty establishing the European Economic Community, and in
particular Article 118A thereof,
having regard to the proposal from the Commission drawn up following consultation
with the Advisory Committee on Safety, Hygiene and Health Protection at Work (1)
in cooperation with the European Parliament (2),
having regard to the opinion of the Economic and Social Committee (3),
         Whereas the Council Resolution of 21 December 1987 on safety, hygiene and
         health at work (4) stresses the importance of improving the safety and health of
         workers at work;
(1) OJ No . . .
(2) OJ No . . .
(3) OJ NO . . .
(4)   OJ No C 28, 3.2.1988, p. 1
 ---pagebreak---                                    - 6 -
       Whereas Article 9 of Directive 83/477/EEC (5) provides that the Council,
        acting on a proposal from the Commission, must review the provisions laid
        down in Article 3 (3) and in Article 8 of the Directive before 1 January 1990,
       taking into account, in particular, progress made in scientific knowledge and
       technology and in the light of experience gained in applying the Directive;
       Whereas the increase in knowledge in this field, shows that it is desirable to
       reduce the exposure limit values for asbestos as well as to adjust certain other
       measures;
       Whereas asbestos is a harmful agent found in various forms in a large number
       of circumstances at work; whereas chrysotile is the most widely-used fibre, and
       crocidolite and amosite are much less widely used; whereas tremoiite exists
       only as a contaminant and whereas actinolite and anthophyllite are rarely found
       in the working environment.
       Whereas the prohibition of the spraying process alone is not sufficient to
       prevent asbestos particles in atmosphere and therefore the use of detachable or
       friable asbestos in building construction must also be prohibited.
       Whereas a decision cannot yet be taken establishing a single method for
       measurement of asbestos in air concentrations at Community level.
       Whereas Council Decision 74/325/EEC (6) as last amended by the Act of
       Accession of Spain and Portugal, provides that the Advisory Committee
       on Safety, Hygiene and Health Protection at Work is to be consulted
       by the Commission for the purpose of drafting proposals in this field;
(6) O J No L 185,. 9.7.1974, p. 15.
(5) O J No L 263, 24.9.1983, p. 25
 ---pagebreak---                                        - 7 -
HAS ADOPTED THIS DIRECTIVE:
                                          Article 1
Directive 83/477/EEC is hereby amended as             follows:
1. Article 3 ( 3 ) i s replaced by the        following:
    '3.        if the assessment referred to in paragraph 2 shows that the concentration
               of asbestos fibres in the air at the place of work in the absence of any
               personal protective equipment is, at the option of the Member States, at a
               level as measured or calculated:
a)    FOR CHRYSOTILE IN THE ABSENCE OF OTHER FORMS OF ASBESTOS:
            lower than 0.25 fibres per cm3 in relation to an eight-hour reference period
             and/or
            lower than a cumulative dose of 15.00 fibre-days per cm3 over 3 months,
b)    FQH ALL OTHER FORMS OF ASBESTOS EITHER ALQNE QR IN
      MIXTURES. INCLUDING MIXTURES CONTAINING CHRYSOTILE
            lower than 0.10 fibres per cm3 in relation to an eight-hour reference period
             and/or
            lower than a cumulative dose of 6.00fibre-daysper cm3 over 3 months,
Articles 4, 7,13,14 (2), 15 and 16 shall not apply."
 ---pagebreak---                                           - 8 -
 2.Article 5 is replaced by the following:
                                           "Article 5
              The application of asbestos by means of the spraying process shall be
              prohibited, together with the use of detachable or friable asbestos in
              building construction."
3. In Article 7 (1) the third subparagraph is replaced by the f o l l o w i n g :
              •The Council, acting on a proposal from the Commission, and taking
              account in particular of progress made in scientific knowledge and
              technology and of experience gained in the application of this Directive,
              shall re-examine the provisions of the first sentence of paragraph 1 before
              31 December 1995, with a view to establishing a single method for
              measurement of asbestos-in-air concentrations at Community level."
4. Article 8 is replaced by the following:
                                          "Article 8
              The following l i m i t values shall be applied:
        a)      concentration of chrysotile fibres in the air at the place of work:
                0.80 fibres per cm3 measured or calculated in relation to an eight-hour
                reference period;
    b)          concentration of crocidolite, amosite or any form of asbestos other than
                chrysotile, either alone or in combination in the air at the place of work:
                0.30 fibres per cm3 measured or calculated in relation to an eight-hour
                reference period;
    c)          concentrations of chrysotile fibres in combination with other forms of
                asbestos fibre in the air at the place of work:
                A proportional figure calculated from the limit values in a) and b) taking
                account of the proportions of chrysotile and otherfibresin the mixture."
 ---pagebreak---                                              - 9
5. Arti c Le 9 is replaced by the following:
                                               "Article 9
              The amendments required to adapt the annexes of this Directive to take
               account of technical progress shall be made in accordance with the
               procedure described in Articles 9 and 10 of Directive 80/1107/EEC".
                                               Article 2
1.           Member States shall adopt the laws, regulations and administrative provisions
              necessary to comply with this Directive by 31 December 1992 and shall
              forthwith inform the Commission thereof. This date i s , however, postponed
             u n t i l 31 December 1995 in the case of asbestos-mining a c t i v i t i e s .
             The p r o v i s i o n s adopted pursuant t o the f i r s t subparagraph    shall
             make express r e f e r e n c e t o t h i s Directive.
2.           Member States s h a l l communicate t o the Commission the p r o v i s i o n s of
             n a t i o n a l law which they adopt i n the f i e l d covered by t h i s Directive.
                                              Article 3
This D i r e c t i v e i s addressed t o the «ember S t a t e s .
Done at
                                                              For the Council
 ---pagebreak---                                         - 10 -
            IMPACT note: Impact on competitiveness and employment
            of the proposal for a Council Directive amending Directive
             83/477/EEC on the protection of workers from the risks
                      related to exposure to asbestos at work
I. Main justification for the measure:
The Council Directive of 19 September 1983 (1) on the protection of workers
from the risks related to exposure to asbestos at work makes provision in Article
9 for the Council, acting on a proposal from the Commission, to review the
provisions laid down in Article 3 (3) and in Article 8 before 1 January 1990. This
is to take into account, in particular, progress made in scientific knowledge and
technology and experience gained in applying this Directive.
The review is therefore concerned with the action level (Article 3 (3)) and limit
values for exposure to asbestos at the place of work (Article 8). In response to
these provisions, the Commission is presenting this proposal for a Directive to
the Council.
The impact on competitiveness and employment of this proposal is limited.
II. Obligations imposed directly on undertakings
A lowering of the limit values for exposure to asbestos at the place of work,
together with a parallel revision of the action level, that is the concentration of
asbestos above which certain provisions of the Directive enter into force,
necessarily imposes some constraints on the undertakings concerned: additional
technical protection measures, provision of personal protective equipment, etc.
To offset this it must be borne in mind that, since the adoption of Directive
83/477/EEC, undertakings have had ample time to install the technical
infrastructure to allow them to tackle the risk of limiting the concentration of
asbestos fibres at the workplace.
(1) 0J No L 263, 2 4 . 9 . 1 9 8 3 , p. 25.
 ---pagebreak---                                         - 11 -
As this infrastructure has been in place since 1 January 1987, when the Directive
entered into force and was assimilated into national law a lowering of limit
values and of the additional action level would present undertakings with fewer
financial and administrative constraints than the initial entry into force of
Directive 83/477/EEC.
It must be noted that, in this proposal, a distinction is made between fixing the
action level and exposure limit values for chrysotile on the one hand and for
crocidolite and amosite on the other. As the optical microscope method set out
in Directive 83/477/EEC still applies to this proposal, there is no apparent
additional constraint imposed on undertaking by reason of this new distinction.
As for prohibiting the use of detachable or friable asbestos in building
construction, as put forward in the proposed Directive, this only confirms the
state of affairs which already exists in most Member States. Since the asbestos
cement used in building construction and public works is excluded from the
concept of "detachable or friable asbestos", the economic constraint on
undertakings is virtually non-existent. Furthermore, it should be stressed that the
technical adaptation of Directive 83/477/EEC is done on the basis of minimum
requirements (Article 118A), leaving the Member States free to introduce more
stringent measures of they wish. If some Member States were to do so, it would
be difficult to claim that this proposal directly imposes constraints on
undertakings.
III. Characteristics of the undertakings concerned
Asbestos use has dropped considerably in Member States. This has changed the
type of undertaking now called upon to work with asbestos so that the majority of
small and medium-sized undertakings affected by this proposal are building and
public works contractors, involved particularly in the demolition of structures
containing asbestos. The asbestos mining industries in Italy and Greece, and the
processing industries using asbestos (brakes, high-temperature furnaces,
cladding, special seals, etc), generally involve bigger undertakings.
A difficulty lies in the fact that monitoring and controlling levels of asbestos dust
in small and medium-sized undertakings in the construction and public works
industries is not always easy; sites are temporary, mobile and generally involve
small numbers of workers (fewer than 10). This difficulty becomes more
significant as exposure limit values are lowered and more people resort to
personal protective equipment as the only certain way of ensuring that limit
values are complied with under variable work conditions.
 ---pagebreak---                                           - 12 -
 IV. Obligations which may be imposed indirectly on undertakings through local
 authorities
 Some Member States specify a nationally-recognized laboratory to undertakings
 to carry out measurements of asbestos fibres at the workplace. Compared with
 Directive 83/477/EEC, this proposal contains no supplementary measures which
 can be directly imposed on undertakings via local authorities.
V. Special measures for the SMEs
 No specific exemption or incentive for the SMEs is contained in this proposal.
 However, it must be borne in mind that working with asbestos imposes very
 severe constraints for the safety of the public and of workers. In order to ensure
 the same level of protection for workers in all sizes of industry it would therefore
 not be in order to allow the SMEs any flexibility.
VI. Effects on the competitiveness of undertakings
 1. Advantages for undertakings
         The legislation of some Member States already contains lower limit
          values for occupational exposure to asbestos than the ones set out in this
          proposal. Denmark and the Federal Republic of Germany are in the
          process of prohibiting the use of asbestos at the workplace. By
          harmonizing the limit values for exposure to asbestos in a binding
          manner, those undertakings which have invested accordingly will have
          no cost handicap in relation to other European undertakings.
         It is also expected that reduction of limit values will result in less lost
          time from ill health if exposure to dust is reduced due to improved
          working condition.
2. Disadvantages for undertakings
The lowering of the action levels and exposure limit values, as set out in this
proposal could result in additional costs arising from the technical monitoring of
workplaces additional adaptation of them and possibly from the purchase of
additional personal protective*equipment.
 ---pagebreak---                                      - 13 -
VII Consultation with the two sides of industry
At its plenary meeting on 28 and 29 November 1989, the Advisory Committee on
Safety, Hygiene and Health Protection at Work asked the Commission to take its
opinion on the proposed Directive into account.
All the social partners agreed to lowering the limit values for workplace
exposure to asbestos. The workers' group expressed the wish to go even further
by banning the use of asbestos at Community level.
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(90) 184 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-60025-X
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