CELEX: 51997PC0191
Language: en
Date: 1997-04-28
Title: Re-examined proposal for a Council Directive amending for the first time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               Brussels, 28.04.1997
                                               COM(97) 191 final
                                               95/0229 (SYN)
                          Re-examined proposal for a
                           COUNCIL DIRECTIVE
amending for the first time Directive 90/394/EEC on the protection of workers
 from the risks related to exposure to carcinogens at work (Sixth individual
   Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
          (presented by the Commission pursuant to Article 189 c (d)
                               of the EC Treaty)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
The initial proposal for this amendment to the Directive was presented by the Commission to
the Council on 14 September 19951.
The main aims are the removal of the existing exclusion in Directive 90/394/EEC of a whole
series of preparations containing carcinogens and the laying down of a limit value for
occupational exposure to benzene, a well-known carcinogen..
The European Parliament at its second reading proposed 11 amendments to the common
position adopted by the Council on 2 December 19962
The Commission agreed on one amendment, which intends to advance the date by which
Member States shall bring into force the provisions necessary to comply with this Directive.
 This re-examined proposal contains the above amendment and is presented by the Commission
 under the terms of Article 189 C(d) of the Treaty.
  1
      OJ 317, 28.11-95, p. 16
  2
      OJC6, 9.1.97, p. 15
 ---pagebreak---                               Re-examined proposal for a
                               COUNCIL DIRECTIVE
  amending for the first time Directive 90/394/EEC on the protection of workers
   from the risks related to exposure to carcinogens at work (Sixth individual
     Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
         PREVIOUS TEXT                                AMENDED TEXT
                   Citations, recitals and Article 1 unchanged
                                     Article 2.1
    Member States shall bring into            1. Member States shall bring into
    force the laws, regulations and              force the îaws, regulations and
    administrative           provisions          administrative           provisions
    necessary to comply with this                necessary to comply with this
    Directive not later than ... (*)             Directive not later than 31
    shall forthwith       inform the             December 1998. They shall
    Commission thereof.                          forthwith inform the Commission
                                                 thereof
    When Member States adopt these               When Member States adopt these
    provisions, they shall contain a             provisions, they shall contain a
    reference to this Directive on shall         reference to this Directive on shali
    be accompanied by such reference             be accompanied by such reference
    on the occasion of their official            on the occasion of their official
    publication. The methods of                  publication. The methods of
    making such reference shall be               making such reference shall be
    laid down by the Member States.              iaid down by the Member States.
(*) Three years after adoption of this
    Directive
                         Article 2.2 and Article 3 unchanged
 ---pagebreak--- The Commission is unable to accept the following amendments proposed by the
European Parliament:
1.   Amendment No 1 (concerning recital No 2 a(new))
     The Council has already rejected this recital because it refers to a Commission's
     communication on which the Council was not consulted.
2.   Amendment No 2 (concerning recital No 8 a(new))
     The simplification of the current procedure (Article 118 A) is unlikely to be accepted
     by the Council, given the political implications in the setting of limit values for
     carcinogens which can never give complete protection.
     Additionally, this amendment gives rise to no legal follow-up in the text.
     Amendment No 3 (concerning recital No 8 b(new))
     As for N° 2, this amendment gives rise to no legal follow-up in the text. However the
     Commission accepts the idea to keep up to date the priority list, bearing in mind that
     data are not available for aU carcinogens.
     Amendment No 4 (concerning recital No 9 a(new))
    The Council already rejected this proposal. Given the complexity of determing and
    monitoring such limit values in practice, and taking into account of the binding nature
    of these values, it was felt more appropriate to await the presentation by the
    Commission offigurefor specific substances.
     Amendment No 5 (concerning recital No 9 b(new))
    In this case also there is no legal follow up in the text. However (see amendment 3)
    these compounds can be included in the list as a matter of priority.
     Amendment No 6 (concerning recital No 10 a(new))
    The Council already rejected this recital which refers to a Directive only dealing with
    environmental protection.
 ---pagebreak---      Amendment No 7 (concerning Article 1.2 b)
     This definition is not necessary, because it would contrast with an already
     internationally accepted terminology.
8.   Amendment No 8 (concerning Article 1.2 c (new))
     (see amendment 4)
9.   Amendment No 9 (concerning Article 1.6 table A)
    Transitional measures are needed in order to allow sectors of activities to comply with
    the Directive.
    For the most part the Member States apply currently limit values much higher than 3
    ppm and it is not unreasonable to give a delay for adaptation by industry to this new
    strict limit.
10.  Amendment No 10 (concerning Article 1.6 after table B (new))
    No Community methods exist at this moment. Member States apply suitable methods.
    The Commission is to investigate the possibility of a single method of analysis at
    Community level, but this cannot be presented at this moment.
                                                                                         4
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 191 final
                                             DOCUMENTS
EN                                                                  04 05     15
                                    Catalogue number : CB-CO-97-181-EN-C
                                                             ISBN 92-78-19344-5
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