Article 1 
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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 1 ):
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. The provisions of Directive 2004/37/EC of the European Parliament and of the Council ( 1 ) shall apply wherever they are more favourable to health and safety of workers at work. 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.
Article 2 
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates: (a) asbestos actinolite, CAS No 77536-66-4 ( 5 ) ; (b) asbestos grunerite (amosite), CAS No 12172-73-5 ( 5 ) ; (c) asbestos anthophyllite, CAS No 77536-67-5 ( 5 ) ; (d) chrysotile, CAS No 12001-29-5 ( 5 ) ; (e) crocidolite, CAS No 12001-28-4 ( 5 ) ; (f) asbestos tremolite, CAS No 77536-68-6 ( 5 ) .
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 2 ):
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are classified as carcinogens 1A pursuant to Annex VI, Part 3, to Regulation (EC) No 1272/2008 of the European Parliament and of the Council ( 2 ): (a) asbestos, actinolite, CAS No ( 3 ) 77536-66-4; (b) asbestos, amosite (grunerite), CAS No 12172-73-5; (c) asbestos, anthophyllite, CAS No 77536-67-5; (d) asbestos, chrysotile, CAS No 12001-29-5; (e) asbestos, crocidolite, CAS No 12001-28-4; (f) asbestos, tremolite, CAS No 77536-68-6.
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. 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; (b) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) encapsulation or sealing of asbestos-containing materials which are in good condition; (d) air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos. 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.
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. 3. The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of: (a) the location of the worksite; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved; (e) the starting date and duration of the work; (f) measures taken to limit the exposure of workers to asbestos. 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. 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (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. 3. The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions. The notification shall include at least a brief description of: (a) the location of the worksite and, where relevant, the specific areas where the work is to be carried out; (b) the type and quantity of asbestos used or handled; (c) the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement; (d) the number of workers involved, a list of the workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health pursuant to Article 18; (e) the starting date and duration of the work; (f) measures taken, including an overview of the equipment used, to limit the exposure of workers to asbestos. Member States shall ensure that the competent authorities keep the information referred to in point (d) of the second subparagraph, in accordance with national law, for no longer than necessary for the purpose of ensuring that workers who perform asbestos-related work are properly trained, having due regard to the long-term effects of asbestos on workers’ health. 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. 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.
Article 5 
The application of asbestos by means of the spraying process and working procedures that involve using low-density (less than 1 g/cm 3 ) insulating or soundproofing materials which contain asbestos shall be prohibited. 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.
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) 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; (b) 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; (c) all premises and equipment involved in the treatment of asbestos must be capable of being regularly and effectively cleaned and maintained; (d) asbestos or dust-generating asbestos-containing material must be stored and transported in suitable sealed packing; (e) 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/EEC of 12 December 1991 on hazardous waste ( 6 ) .
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (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 shall be reduced to a minimum and in any case to as low a level as is technically possible below the relevant limit value as laid down in Article 8, in particular through the following measures: (a) the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos shall be limited to the lowest possible figure; (ba) workers shall be subject to an appropriate decontamination procedure; (bb) for work carried out under confinement, adequate protection shall be ensured; (c) all premises and equipment involved in the treatment of asbestos shall be capable of being regularly and effectively cleaned and maintained and subject to regular cleaning and maintenance; (d) asbestos or dust-generating materials containing asbestos shall be stored and transported in suitable sealed packing; (e) waste, other than waste arising from mining activities, shall be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos and shall then be dealt with in accordance with Directive 2008/98/EC of the European Parliament and of the Council ( 4 ).
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 within the undertaking or establishment. 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 8-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 Organization (WHO) ( 7 ) 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 5 micrometres, a breadth of less than 3 micrometres and a length/breadth ratio greater than 3:1 shall be taken into consideration.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 7 ):
1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the relevant limit value as laid down in Article 8, the measurement of asbestos fibres in the air at the place of work shall be carried out at regular intervals during specific operational phases. 2. Sampling shall reflect 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 within the undertaking or establishment. 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 shall be such that representative exposure can be established for an 8-hour reference period (one shift) by means of measurements or time-weighted calculations. 6. Fibre counting shall be carried out by electron microscopy or by any alternative method that provides equivalent or more accurate results. 7. For the purpose of measuring asbestos fibres in the air, as referred to in paragraph 1, only fibres with a length of more than 5 micrometres, a breadth of less than 3 micrometres and a length/breadth ratio greater than 3:1 shall be taken into consideration. Notwithstanding the first subparagraph of this paragraph, fibres with a breadth of less than 0,2 micrometres shall also be taken into consideration for the purposes of Article 8(2), point (a), from 21 December 2029.
Article 8 
Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0,1 fibres per cm 3 as an 8-hour time-weighted average (TWA).
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 8 ):
1. Until 20 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0,01 fibres per cm 3 as an 8-hour time-weighted average (TWA). 3. Member States shall ensure that employers are subject to at least one of the limit values set out in paragraph 2.
Article 9 
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/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work ( 8 ) .
Article 10 
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. 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 within the undertaking or establishment, in accordance with national laws and practice.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 10 ):
1. Where the relevant limit value as laid down in Article 8 is exceeded, or if there is reason to believe that materials containing asbestos which are not identified prior to the work have been disturbed so as to generate dust, work shall stop immediately. Work shall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. Where the relevant limit value as laid down in Article 8 is exceeded, the reasons for the limit value being exceeded shall be identified and appropriate measures to remedy the situation shall be taken as soon as possible. 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. 3. Where exposure cannot be reduced by other means and where compliance with the limit value makes necessary the wearing of individual respiratory protective equipment, this shall 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 regular breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and/or their representatives within the undertaking or establishment, in accordance with national law and practice.
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. If there is any doubt about the presence of asbestos in a material or construction, the applicable provisions of this Directive shall be observed.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 11 ):
Before beginning demolition, maintenance or renovation work on premises built before the entry into force of the Member State’s asbestos ban, employers shall take all necessary steps to identify presumed materials containing asbestos, in particular by obtaining information from the owners of premises, from other employers and from other sources, including relevant registers. If such information is not available, the employer shall ensure an examination, by a qualified operator in accordance with national law and practice, of the occurrence of materials containing asbestos and shall obtain the result of such examination before the start of the work. The employer shall make available to another employer, upon request and solely for the purpose of complying with the obligation laid down in this paragraph, any information obtained within the framework of such an examination. If there is any doubt about the presence of asbestos in a material or construction, the applicable provisions of this Directive shall be observed.
Article 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) workers shall be issued with suitable respiratory and other personal protective equipment, which must be worn; (b) warning signs shall be put up indicating that it is foreseeable that the limit value laid down in Article 8 will be exceeded; and (c) 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 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 relevant limit value as laid down in Article 8 will be exceeded despite the use of all possible 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) workers shall be issued with suitable personal protective equipment to be worn, which shall be appropriately handled and, in particular with regard to respiratory equipment, which shall be individually adjusted, including through fitting checks, in accordance with Council Directive 89/656/EEC ( 5 ); (b) warning signs shall be put up indicating that it is foreseeable that the limit value laid down in Article 8 will be exceeded; and (c) the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented, and for work performed under confinement, the enclosure shall be airtight and under mechanical extraction ventilation. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out.
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. The plan must in particular specify that: (a) 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; (b) the personal protective equipment referred to in point (a) of the first paragraph of Article 12 shall be provided, where necessary; (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: (a) the nature and probable duration of the work; (b) the place where the work is carried out; (c) 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.
Article 14 
1. Employers shall provide appropriate training for all workers who are, or are likely to be, exposed to dust from asbestos or materials containing asbestos. 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) the properties of asbestos and its effects on health, including the synergistic effect of smoking; (b) the types of products or materials likely to contain asbestos; (c) 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; (e) the appropriate role, choice, selection, limitations and proper use of respiratory equipment; (f) emergency procedures; (g) decontamination procedures; (h) waste disposal; (i) 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 15 ):
1. Undertakings that intend to carry out demolition or asbestos removal work shall obtain a permit from the competent authority before the start of the work. For that purpose, they shall provide that competent authority with at least proof of compliance with Article 6 and certificates indicating the completion of training in accordance with Article 14 and Annex Ia. 2. Member States shall make the list of undertakings that have obtained a permit pursuant to paragraph 1 publicly available, in accordance with national law and practice.
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) areas are set aside where workers can eat and drink without risking contamination by asbestos dust; (c) 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; (d) separate storage places are provided for working or protective clothing and for street clothes; (e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations; (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) the potential risks to health from exposure to dust arising from asbestos or materials containing asbestos; (b) the existence of statutory limit values and the need for the atmosphere to be monitored; (c) hygiene requirements, including the need to refrain from smoking; (d) 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) 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; (b) 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.
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. 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 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 3 years for as long as exposure continues. An individual health record shall be established in accordance with national laws and/or 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 shall, in accordance with national laws, advise on any individual protective or preventive measures to be taken or determine such measures. Those measures may include, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos. 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/or 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.
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. 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. 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 19 ):
2. The employer shall enter the information on the workers engaged in the activities referred to in Article 3(1) in a register. That information shall indicate 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. Workers shall have access to the results in the register which relate to them personally. The workers and/or their representatives shall have access to anonymous, collective information in the register. 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. 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.
Article 20 
Member States shall provide for adequate penalties to be applicable in the event of infringement of national legislation adopted pursuant to this Directive. These penalties must be effective, proportionate and dissuasive.
Article 21 
Member States shall keep a register of recognised cases of asbestosis and mesothelioma.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal One of the objectives of the European Union (EU) is to promote well-being and sustainable development, based on a highly competitive social market economy, aiming at full employment and social progress 1 . The right of every worker to working conditions that respect their health, safety and dignity is enshrined in Article 31 of the Charter of Fundamental Rights of the European Union. Principle 10 of the European Pillar of Social Rights 2 states that workers have the right to a high level of protection of their health and safety at work. In her political guidelines, President von der Leyen committed to put ting forward a European plan to fight cancer, to support Member States in improving cancer control and care 3 . This proposal delivers on the commitment made in Europe’s Beating Cancer Plan 4 , the European Pillar of Social Rights Action Plan and the EU s trategic f ramework on h ealth and s afety at w ork for 2021-2027 5 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance . This proposal , highlighted as one of the priorities under action 3 - A stronger economy, social justice and jobs - of the Conference on the Future of Europe (CoFE) is a key deliverable of the 2022 Commission w ork p rogramme 6 Protecting workers against exposure to asbestos is also a key priority for the European Parliament. In its resolution of October 2021 7 , the European Parliament set out an encompassing approach to dealing with legacy asbestos issues. In response, the Commission has adopted its Communication on working towards an asbestos-free future: a European approach to addressing the health risks of asbestos 8 . It addresses the public - health risk stemming from asbestos in a holistic manner, presenting EU-level measures to tackle asbestos throughout its life cycle. Occupational cancer is the first cause of work-related deaths in the EU 9 . It is primarily caused by exposure to carcinogenic substances such as asbestos. As much as 78% of occupational cancers recognised in the Member States are related to asbestos 10 . When inhaled, airborne asbestos fibres can lead, for example, to mesothelioma 11 and lung cancer, with a n average lag between exposure and the first signs of disease of 30 years. Therefore, cancers may develop decades after occupational exposure , including when workers have retired from work . This makes it difficult to trace past exposures and identify a causal link between work-related exposure and cancers. For this reason, the number of people affected by asbestos-related occupational diseases may be underestimated . The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite (also called blue asbestos) 12 and was subsequently extended to cover other asbestos-containing materials. Since 2005 , all forms of asbestos are banned in the EU 13 . The first EU action aimed at protecting workers from the specific risks of workplace exposure to asbestos dates back to 1983, when Council Directive 83/477/EEC 14 was adopted. This Directive has been substantially amended several times until its most recent codified version, Directive 2009/148/EC ( the Asbestos at Work Directive (AWD) ) 15 . In addition, since asbestos is a carcinogenic substance , the provisions laid down in Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work 16 (the Carcinogens, Mutagens and Reprotoxic Substances Directive ( CMRD ) ) apply whenever they are more favourable to the health and safety of workers. This includes an exposure - minimisation requirement since it has not yet been possible to identify an exposure threshold below which exposure to asbestos does not involve a cancer risk. Therefore , and in line with the CMRD, employers should ensure that the risk related to the exposure of workers to asbestos at the work place is reduced to a minimum and in any case to as low a level as is technically possible. The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks. Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm 3 as an 8-hour time-weighted average (TWA). This includes situations in which workers re-enter the workplace after carrying out activities such as demolition, asbestos removal work, repair and maintenance in respect of which it is foreseeable that the set limit value will be exceeded despite the use of technical preventive measures for limiting asbestos-in-air concentrations. If the limit value is exceeded, the reasons must be identified and the employer must take appropriate risk-management measures (RMMs) to remedy the situation before work restarts. It is also specified that if the OEL cannot be observed by other means, employers must provide workers with appropriate respiratory and other personal protective equipment. In addition, strict obligations in terms of protection, planning and training apply to employers. While extractin g , manufactur ing and processing asbestos is prohibited, a substantial legacy problem exists across the EU, representing a public and occupational health challenge, since asbestos is still present in many older buildings, which are likely to be renovated, adapted or demolished over the upcoming years. The r enovation w ave s trategy 17 under the European Green Deal, notably aim s at accelerati ng the pace of building renovations across the EU . As the risk of exposure to asbestos occurs mainly during renovation, maintenance and demolition works it is important to reinforce preventive measures to further limit the exposure to asbestos of workers . It is estimated that currently 4.1 to 7.3 million workers are exposed to asbestos 18 . The risk of this exposure is mostly linked to the handling of asbestos-containing materials and the dispersion of asbestos fibres during construction works, such as during renovation, maintenance, repair and demolition. Of all workers exposed to asbestos , 97% work in the construction sector , including related occupations such as roof ing , plumb ing , carpent ry or floor - lay ing . Exposure to asbestos is also present in other economic sectors , e.g. waste management (2% of all exposed workers), mining and quarrying, firefighting, tunnel excavation and maintenance, and asbestos sampling and analysis. T he re is also a risk of exposure when ships, drilling platforms, and transport means such as trains and aircraft with asbestos insulation are repaired or dismantled. To ensure that measures for protecting workers from exposure to asbestos are as effective as possible, the AWD needs to be kept up to date with new scientific knowledge developed since its last substantial revision. The current OEL of 0 . 1 fibres/cm 3 in the AWD was set in 2003 based on the scientific and technological knowledge available at that time. The AWD includes minimum requirements that should be reviewed on the basis of experience acquired and of the development of technology in this area. Following the latest scientific and technological developments, there is scope to improve the protection of workers exposed to asbestos and thus further reduce the probability for workers to contract asbestos-related diseases. Moreover, four Member States have already introduced stricter OELs in their national legislation 19 . The proposed amendment of the AWD will make the OEL under the Directive more effective by updating it on the basis of the latest available scientific evidence. The proposed amendment is supported by the latest in-depth evaluation of the AWD (2017 ex post evaluation of the EU occupational safety and health (OSH) Directives 20 ) and by the most recent assessment of the implementation of the EU OSH D irectives , covering the period from 2013 to 2017. The latest in-depth evaluation of the AWD concluded that the AWD remains highly relevant and that to increase its effectiveness in light of scientific progress, lowering the OEL set in the AWD should be considered. The Commission asked the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) to assess the scientific relevance of the current OEL for asbestos, to inform the preparation of the proposal to amend the AWD. The RAC ’s scientific opinion was adopted in June 2021 21 . It confirmed that asbestos does not have a safe exposure level, which means that any exposure to asbestos may eventually lead to disease. Thus, a relation between exposure levels and the associated risk (exposure-risk relationship, ERR) was derived, expressing the excess risk of lung cancer and mesothelioma mortality (combined) as a function of the fibre concentration in the air. In addition, the tripartite Advisory Committee on Safety and Health at Work (ACSH) unanimously agreed on the need to lower the current OEL. Reducing exposure to asbestos at the workplace by lowering the EU-wide OEL effectively helps prevent cancer cases and deaths. Consequently, it improves the protection of workers by increasing the length, quality and productivity of the working lives of EU workers and ensuring a similar minimum level of protection across the EU. It also creates a level playing field for businesses, as it prevents companies that do not take appropriate measures from acquiring a competitive advantage over those who do. If no action is taken and due to the latency period of the consequences of ineffective prevention (i.e. the health effects), businesses are expected to bear higher costs in the future and to suffer from reduced productivity due to absenteeism and loss of expertise. For Member States, this would lead to increased social-security costs (e.g. due to higher costs for medical treatment and incapacity benefits) and missed tax revenues. Revising the OEL under the AWD will lead to a greater harmonisation of limit values across the EU, which is expected to level the playing field for businesses. Companies willing to operate in multiple Member States will further benefit from streamlined applicable limit values. This may result in savings, as common solutions can be adopted across facilities, as opposed to having to design site-specific solutions to meet various OEL requirements. EU-level action will also create fairer conditions for posted, cross-border and mobile workers exposed to asbestos in the construction sector (which has a significant number of posted workers moving from one site to another, often in multiple Member States) and also a fairer distribution of healthcare costs across Member States. 
Revised version (Article 21 ):
Member States shall keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that can be caused by exposure to asbestos is set out in Annex I.
Article 22 
Every 5 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/EEC, which serves as a basis for the evaluation carried out by the Commission under Article 17a(4) of that Directive.
Article 23 
Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
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.
Article 25 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
Article 26 
This Directive is addressed to the Member States.