Debate: Protecting workers from asbestos
Date: MONDAY, 18 OCTOBER 2021
Speaker: Nicolas Schmit
Language: EN

It has been said that asbestos is a question of life and death. Indeed, asbestos is a major carcinogen and the first cause of work-related cancer deaths in the European Union. We fully share Parliament’s concern with regard to asbestos, especially in this juncture where Member States are deploying important investments in view of building renovation to meet green targets.  It is, therefore, of the utmost importance to make sure that the protection of workers, as well as citizens, against adverse health effects due to exposure to asbestos is a priority in the implementation of the renovation wave and other key European Green Deal strategies in line with principle 10 of the European pillar of social rights. We are not starting from scratch. Asbestos is already a highly regulated substance and the EU has over the years given itself a comprehensive set of measures to address the risks posed by asbestos. For decades, the EU has acted to initially limit and finally ban all uses of asbestos. From the year 2005, no forms of asbestos can be produced, placed on the market, or used in the EU. However, asbestos is still present in many buildings and we need and can do more to protect our citizens and, in particular, exposed workers from this very, very dangerous substance. To that end, we need to go beyond the existing legislation on protecting workers from asbestos.  As regards your call for a European framework for national strategies for the safe removal of asbestos in the Member States, the Commission agrees on the importance of pursuing a comprehensive approach to addressing the risks stemming from asbestos and the coordination of national strategies for its removal. The Commission will examine the possible scope of a European framework based on a review of national and regional strategies and by convening an expert group to identify best practices in this area.  The Commission will also take into account the concerns expressed by Parliament in the implementation of the renovation wave and the zero pollution action plan for a toxic-free environment, including by identifying and addressing possible gaps in asbestos management and here I will refer shortly to Directive 2010/31/EU. Moreover, the Commission can support research and dissemination of best practices, better cooperation, awareness-raising, including through the direct involvement of local and regional authorities through actions included in the renovation wave action plan and the update of the Governance Regulation to correspond to the ‘fit for 55’ package. Furthermore, by 2023, the Commission will assess pathways and policy options to improve indoor air quality, focusing on key determinants and pollution sources, and exploring ways to raise greater public awareness and reduce risks. The specific issue of asbestos will be addressed in this context. As regards the call for legislative proposals for national asbestos registers and building screening requirements, the Commission commits to study the feasibility of Union legislative proposals in both areas, with due account for the principles of subsidiarity and proportionality and Member States’ competences. To ensure consistency and complementarity across these policy initiatives, the Commission will examine this call together with the call for a European framework for national strategies for asbestos removal considered earlier.  The Commission commits to resort to legislative actions as requested by Parliament where feasible and relevant. Where not possible, the Commission will pursue alternative approaches in order to achieve the goals identified by Parliament. For instance, the Commission will prepare a survey of existing national or regional strategies on asbestos, their evidence base and the concrete measures being taken. It will identify best practices, communicate the results at EU level and possibly provide guidance and/or recommendations to Member States.  In parallel, the Commission will continue to facilitate research and innovation on the detection and safe handling of asbestos, for instance, by exploring the possibility of developing a new Eurocode on asbestos removal and by possibly including safety-related issues in calls for research projects fostering asbestos detection methods for more efficient use of surface screening methods. Moreover, the transition pathway towards a more sustainable, innovative and resilient construction ecosystem announced in the industrial strategy update will also contribute to improving the sustainability and the quality of the built environment, including its safety, and the already-announced initiative on digital building logbook may also facilitate access to information available on the presence of asbestos in buildings.  Let me now turn to the protection of workers, another field that is directly under my responsibility. To protect workers, the EU and its Member States have developed a solid legislation package that lays down a strong legal obligation for employers to do a risk assessment and take preventive measures. We have set a clear limit value for exposure of workers removing asbestos. There are numerous tools developed by the European Agency for Protection of Health and Safety of Workers and Senior Labour Inspectors’ Committee to support the employers and workers in fulfilling these obligations.  Honourable Members, you are now requesting us to collectively see how we can further strengthen these policies and that, I assure you, we will do. We are already well advanced with the preparatory work to update the current Asbestos Network Directive from 2009 to lower the existing occupational exposure limit and to improve the protections further. We will seek to address the concerns expressed by Parliament, while respecting the established process for scientific evaluation and consultation with stakeholders and social partners.  This process involves a scientific evaluation by the European Chemicals Agency, a two-stage consultation of the social partners, the consultation of the Tripartite Advisory Committee on Safety and Health at Work, in which employers, workers and Member States are represented, and an impact assessment. We believe that this process is the best guarantee for evidence-based policy-making and will ensure its full transparency, including towards Parliament. As regards the occupational diseases and corresponding compensation for workers, we will act within the boundaries of the Treaty, in full respect of the competence of the Member States. While legislative action cannot, therefore, be provided in this field, we will ask the Tripartite Advisory Committee on Health and Safety at Work to work to further include relevant asbestos-related diseases in the Commission recommendation on occupational diseases. Turning to the Energy Performance of Buildings Directive, its revision is expected to be adopted in December. We will build upon the provisions to limit the use of harmful substances and favour their removal, while promoting the improvement of the energy performance of buildings and a healthy indoor environment. As for waste, we will continue promoting and closely following technological developments in asbestos treatment and decontamination to ensure best available technologies are applied to treating asbestos waste and recovering materials into the circular economy, consistent with the European Green Deal objectives. We will also look at the EU construction and demolition waste management protocol and guidelines for waste audits and aim at accelerating their update.  Finally, let me conclude with funding. Under the New European Bauhaus, the Commission has committed to dedicating EUR 85 million in funds to European Bauhaus projects from EU programmes in 2021-22 and the national recovery and resilience plans to the sector. In addition, cohesion policy significantly helps Member States and regions to invest in the renovation of buildings, to boost energy efficiency and to enhance their overall sustainability in line with the European Green Deal objectives. We will, in our close dialogue with the Member States on the implementation of the recovery and resilience plans, emphasise the need to respect all obligations in the context of the extensive renovations that will be undertaken, including the asbestos question.  In this context, I will also address the Advisory Committee on Health and Safety at Work to see how we can further step up our joint work with the Member States and the social partners. I know that my colleagues across the college will do the same in their respective area.