CELEX: 32003H0670
Language: en
Date: 2003-09-19 00:00:00
Title: Commission Recommendation of 19 September 2003 concerning the European schedule of occupational diseases (Text with EEA relevance) (notified under document number C(2003) 3297)

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32003H0670

Commission Recommendation of 19 September 2003 concerning the European schedule of occupational diseases (Text with EEA relevance) (notified under document number C(2003) 3297)  

Official Journal L 238 , 25/09/2003 P. 0028 - 0034

Commission Recommendationof 19 September 2003concerning 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,Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,Whereas:(1) 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 1996 Communication from the Commission(2) concerning the European schedule of occupational diseases.(2) 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.(3) 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 objectives, particularly in relation to prevention and to the collection and comparability of data.(4) 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) attaches particular importance to greater prevention of occupational diseases. This Recommendation must therefore be the principal instrument for prevention at Community level.(5) The abovementioned Communication stresses the importance of involving all players, in particular the public authorities and social partners, in order to encourage an improvement in health and safety at work within a framework of "good governance" based on universal 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.(6) The Communication also mentions that quantified national objectives should be adopted with a view to reducing the rates of recognised occupational illnesses.(7) 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 policies, 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.(8) The role of the European Agency for Safety and Health at Work, established by Council Regulation (EC) No 2062/94(6), is, inter alia, to supply the Community bodies and the Member States with the objective available 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 information in the Member States. Accordingly, the Agency must also play an important part in the exchange of information, experience and best practice on the prevention of occupational illnesses.(9) 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 1Without prejudice to more favourable national laws or regulations, it is recommended that the Member States:1. introduce as soon as possible into their national laws, regulations or administrative provisions concerning scientifically recognised occupational diseases liable for compensation and subject to preventive measures, the European 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 appropriate, exchanging information, experience and best practice via the European Agency for Safety and Health at Work;4. draw up quantified national objectives with a view to reducing the rates of recognised occupational illnesses, in particular 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 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 occupational 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 interested parties statistical and epidemiological data on occupational 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 2The 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 3This Recommendation replaces Recommendation 90/326/EEC.Article 4The 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 CommissionAnna DiamantopoulouMember of the Commission(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.(6) OJ L 216, 20.8.1994, p. 1.ANNEX IEuropean schedule of occupational diseasesThe 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 Diseases caused by the following chemical agents:100 Acrylonitrile101 Arsenic or compounds thereof102 Beryllium (glucinium) or compounds thereof103.01 Carbon monoxide103.02 Carbon oxychloride104.01 Hydrocyanic acid104.02 Cyanides and compounds thereof104.03 Isocyanates105 Cadmium or compounds thereof106 Chromium or compounds thereof107 Mercury or compounds thereof108 Manganese or compounds thereof109.01 Nitric acid109.02 Oxides of nitrogen109.03 Ammonia110 Nickel or compounds thereof111 Phosphorus or compounds thereof112 Lead or compounds thereof113.01 Oxides of sulphur113.02 Sulphuric acid113.03 Carbon disulphide114 Vanadium or compounds thereof115.01 Chlorine115.02 Bromine115.04 Iodine115.05 Fluorine or compounds thereof116 Aliphatic or alicyclic hydrocarbons derived from petroleum spirit or petrol117 Halogenated derivatives of the aliphatic or alicyclic hydrocarbons118 Butyl, methyl and isopropyl alcohol119 Ethylene glycol, diethylene glycol, 1,4-butanediol and the nitrated derivatives of the glycols and of glycerol120 Methyl ether, ethyl ether, isopropyl ether, vinyl ether, dichloroisopropyl ether, guaiacol, methyl ether and ethyl ether of ethylene glycol121 Acetone, chloroacetone, bromoacetone, hexafluoroacetone, methyl ethyl ketone, methyl n-butyl ketone, methyl isobutyl ketone, diacetone alcohol, mesityl oxide, 2-methylcyclohexanone122 Organophosphorus esters123 Organic acids124 Formaldehyde125 Aliphatic nitrated derivatives126.01 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 divinylbenzene127 Halogenated derivatives of the aromatic hydrocarbons128.01 Phenols or counterparts or halogenated derivatives thereof128.02 Naphthols or counterparts or halogenated derivatives thereof128.03 Halogenated derivatives of the alkylaryl oxides128.04 Halogenated derivatives of the alkylaryl sulfonates128.05 Benzoquinones129.01 Aromatic amines or aromatic hydrazines or halogenated, phenolic, nitrified, nitrated or sulfonated derivatives thereof129.02 Aliphatic amines and halogenated derivatives thereof130.01 Nitrated derivatives of aromatic hydrocarbons130.02 Nitrated derivatives of phenols or their counterparts131 Antimony and derivatives thereof132 Nitric acid esters133 Hydrogen sulphide135 Encephalopathies due to organic solvents which do not come under other headings136 Polyneuropathies due to organic solvents which do not come under other headings2 Skin diseases caused by substances and agents not included under other headings201 Skin diseases and skin cancers caused by:201.01 Soot201.03 Tar201.02 Bitumen201.04 Pitch201.05 Anthracene or compounds thereof201.06 Mineral and other oils201.07 Crude paraffin201.08 Carbazole or compounds thereof201.09 By-products of the distillation of coal202 Occupational skin ailments caused by scientifically recognised allergy-provoking or irritative substances not included under other headings3 Diseases caused by the inhalation of substances and agents not included under other headings301 Diseases of the respiratory system and cancers301.11 Silicosis301.12 Silicosis combined with pulmonary tuberculosis301.21 Asbestosis301.22 Mesothelioma following the inhalation of asbestos dust301.31 Pneumoconioses caused by dusts of silicates302 Complication of asbestos in the form of bronchial cancer303 Broncho-pulmonary ailments caused by dusts from sintered metals304.01 Extrinsic allergic alveolites304.02 Lung diseases caused by the inhalation of dusts and fibres from cotton, flax, hemp, jute, sisal and bagasse304.04 Respiratory ailments caused by the inhalation of dust from cobalt, tin, barium and graphite304.05 Siderosis305.01 Cancerous diseases of the upper respiratory tract caused by dust from wood304.06 Allergic asthmas caused by the inhalation of substances consistently recognised as causing allergies and inherent to the type of work304.07 Allergic rhinitis caused by the inhalation of substances consistently recognised as causing allergies and inherent to the type of work306 Fibrotic diseases of the pleura, with respiratory restriction, caused by asbestos307 Chronic obstructive bronchitis or emphysema in miners working in underground coal mines308 Lung cancer following the inhalation of asbestos dust309 Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof310 Broncho-pulmonary ailments caused by dusts from basic slags4 Infectious and parasitic diseases401 Infectious or parasitic diseases transmitted to man by animals or remains of animals402 Tetanus403 Brucellosis404 Viral hepatitis405 Tuberculosis406 Amoebiasis407 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 proven5 Diseases caused by the following physical agents:502.01 Cataracts caused by heat radiation502.02 Conjunctival ailments following exposure to ultraviolet radiation503 Hypoacousis or deafness caused by noise504 Diseases caused by atmospheric compression or decompression505.01 Osteoarticular diseases of the hands and wrists caused by mechanical vibration505.02 Angioneurotic diseases caused by mechanical vibration506.10 Diseases of the periarticular sacs due to pressure506.11 Pre-patellar and sub-patellar bursitis506.12 Olecranon bursitis506.13 Shoulder bursitis506.21 Diseases due to overstraining of the tendon sheaths506.22 Diseases due to overstraining of the peritendineum506.23 Diseases due to overstraining of the muscular and tendonous insertions506.30 Meniscus lesions following extended periods of work in a kneeling or squatting position506.40 Paralysis of the nerves due to pressure506.45 Carpal tunnel syndrome507 Miner's nystagmus508 Diseases caused by ionising radiationANNEX IIAdditional 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 schedule2.1 Diseases caused by the following agents:2.101 Ozone2.102 Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I2.103 Diphenyl2.104 Decalin2.105 Aromatic acids - aromatic anhydrides or their halogenated derivatives2.106 Diphenyl oxide2.107 Tetrahydrophurane2.108 Thiopene2.109 MethacrylonitrileAcetonitrile2.111 Thioalcohols2.112 Mercaptans and thioethers2.113 Thallium or compounds thereof2.114 Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I2.115 Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I2.116 Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I2.117 Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I2.118 Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I2.119 Furfural2.120 Thiophenols or counterparts or halogenated derivatives thereof2.121 Silver2.122 Selenium2.123 Copper2.124 Zinc2.125 Magnesium2.126 Platinum2.127 Tantalum2.128 Titanium2.129 Terpenes2.130 Boranes2.140 Diseases caused by inhaling nacre dust2.141 Diseases caused by hormonal substances2.150 Dental caries associated with work in the chocolate, sugar and flour industries2.160 Silicium oxide2.170 Polycyclic aromatic hydrocarbons which do not come under other headings2.190 Dimethylformamide2.2 Skin diseases caused by substances and agents not included under other headings2.201 Allergic and orthoallergic skin ailments not recognised in Annex I2.3 Diseases caused by inhaling substances not included under other headings2.301 Pulmonary fibroses due to metals not included in the European schedule2.303 Broncho-pulmonary ailments and cancers associated with exposure to the following:- soot- tar- bitumen- pitch- anthracene or compounds thereof- mineral and other oils2.304 Broncho-pulmonary ailments caused by man-made mineral fibres2.305 Broncho-pulmonary ailments caused by synthetic fibres2.307 Respiratory ailments, particularly asthma, caused by irritants not listed in Annex I2.308 Cancer of the larynx following the inhalation of asbestos dust2.4 Infectious and parasitic diseases not described in Annex I2.401 Parasitic diseases2.402 Tropical diseases2.5 Diseases caused by physical agents2.501 Avulsion due to overstraining of the spinous processes2.502 Disc-related diseases of the lumbar vertebral column caused by the repeated vertical effects of whole-body vibration2.503 Nodules on the vocal chords caused by sustained work-related vocal effort