47 Amendments of Joëlle MÉLIN related to 2016/0130(COD)
Amendment 25 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens, mutagens or substances which may be toxic to reproduction at the workplace and lays down minimum requirements to that effect including limit values, on the basis of the available scientific and technical data.
Amendment 30 #
Proposal for a directive
Recital 2
Recital 2
(2) The limit values should be revised when necessary in the light of scientific data. The limit values should be revised systematically every two years in the light of modern, updated scientific data.
Amendment 32 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens, mutagens or substances which may be toxic to reproduction at the workplace and lays down minimum requirements to that effect including limit values, on the basis of the available scientific and technical data.
Amendment 34 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It should be borne in mind, nonetheless, that limit values protect workers only very partially; exposure times, both daily and over a career, even at very low rates, remain a preponderant factor.
Amendment 37 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) It should also be borne in mind that the best protection, other than substitution, is still the equipment and training of workers.
Amendment 38 #
Proposal for a directive
Recital 3
Recital 3
(3) For some carcinogens and mutagens, mutagens or substances which may be toxic to reproduction, it is necessary to consider other absorption pathways, including the possibility of penetration through the skin, in order to ensure the best possible level of protection, and therefore to revise the exposure times and the protection equipment in the light of the minimum limit value indicated for each substance, where substitution is not possible.
Amendment 40 #
Proposal for a directive
Recital 2
Recital 2
(2) The limit values should be revised when necessary in the light of scientific data. The limit values should be revised systematically every two years in the light of modern, updated scientific data.
Amendment 42 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be borne in mind that the dermal route is a major penetration pathway, which must de facto rule out the possibility of pregnant women manipulating carcinogens, mutagens and/or substances which may be toxic to reproduction.
Amendment 44 #
Proposal for a directive
Recital 4
Recital 4
(4) The Scientific Committee on Occupational Exposure Limits ( ‘the Committee’), comprising independent international experts from multiple sources, assists the Commission, in particular, in evaluating the latest available scientific data and in proposing occupational exposure limits for the protection of workers from chemical risks, to be set at EU level pursuant to Council Directive 98/24/EC47 and Directive 2004/37/EC. For the chemical agents o- toluidine and 2-nitropropane, there were no Committee recommendations available and other sources of scientific information, adequately robust and in the public domain, were considered 48 49. __________________ 47 Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 05.05.1998, p. 11). 48 http://monographs.iarc.fr/ENG/Monograph s/vol77/mono77- 11.pdfhttp://monographs.iarc.fr/ENG/Mon ographs/vol99/mono99-15.pdf et http://monographs.iarc.fr/ENG/Monograph s/vol100F/mono100F-11.pdf. 49 http://monographs.iarc.fr/ENG/Monograph s/vol1-42/mono29.pdf et http://monographs.iarc.fr/ENG/Monograph s/vol71/mono71-49.pdf.
Amendment 47 #
Proposal for a directive
Recital 5
Recital 5
(5) There is sufficient evidence of the carcinogenicity of respirable crystalline silica dust. On the basis of available information, including scientific and technical data, a limit value for respirable crystalline silica dust should be established. Respirable crystalline silica dust generated by a work process, with the exception of processes covered by the social dialogue on Workers’ Health Protection through the Good Handling and Use of Crystalline Silica and Products containing it49a, is not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council50. It is therefore appropriate to include work involving exposure to respirable crystalline silica dust generated by a work process in Annex I to Directive 2004/37/EC and to establish a limit value for respirable crystalline silica dust ('respirable fraction') . __________________, with a range of values from 0.1mg/m3 for quartz silica to 0.05mg/m3 for cristobalite. __________________ 49 a OJ C279, 17.11.2006, p.2-8 50 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1).
Amendment 49 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It should be borne in mind, nevertheless, that limit values offer workers only scant protection and that exposure times, both on a daily basis and throughout a person’s career, and even at very low values, remain a key factor.
Amendment 50 #
Proposal for a directive
Recital 6
Recital 6
(6) Guides and good practice developed through initiatives by or peculiar to each Member State, such as the Social Dialogue "Agreement on Workers' Health Protection Through the Good Handling and Use of Crystalline Silica and Products Containing it" (NEPSi), are valuable and necessary instruments to complement regulatory measures and in particular to support the effective implementation of limit values.
Amendment 56 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) It should also be borne in mind that the best protection, other than substitution, is still the equipment and training of workers.
Amendment 63 #
Proposal for a directive
Recital 3
Recital 3
(3) For some carcinogens and mutagens, mutagens or substances which may be toxic to reproduction it is necessary to consider other absorption pathways, including the possibility of penetration through the skin, in order to ensure the best possible level of protection, and therefore to revise the exposure times and the protection equipment in the light of the minimum limit value indicated for each substance, where substitution is not possible.
Amendment 65 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be borne in mind that the dermal route is a major penetration pathway, which must de facto rule out the possibility of pregnant women manipulating carcinogens, mutagens and/or substances which may be toxic to reproduction.
Amendment 70 #
Proposal for a directive
Recital 4
Recital 4
(4) The Scientific Committee on Occupational Exposure Limits (‘the Committee’), which consists of independent international experts with a range of backgrounds, assists the Commission, in particular, in evaluating the latest available scientific data and in proposing occupational exposure limits for the protection of workers from chemical risks, to be set at EU level pursuant to Council Directive 98/24/EC47 and Directive 2004/37/EC. For the chemical agents o- toluidine and 2-nitropropane, there were no Committee recommendations available and other sources of scientific information, adequately robust and in the public domain, were considered48 ,49. __________________ 47 Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 05.05.1998, p. 11). 48 http://monographs.iarc.fr/ENG/Monograph s/vol77/mono77-11.pdf http://monographs.iarc.fr/ENG/Monograph s/vol99/mono99-15.pdf and http://monographs.iarc.fr/ENG/Monograph s/vol100F/mono100F-11.pdf. 49 http://monographs.iarc.fr/ENG/Monograph s/vol1-42/mono29.pdf and http://monographs.iarc.fr/ENG/Monograph s/vol71/mono71-49.pdf.
Amendment 74 #
Proposal for a directive
Recital 5
Recital 5
(5) There is sufficient evidence of the carcinogenicity of respirable crystalline silica dust. On the basis of available information, including scientific and technical data, a limit value for respirable crystalline silica dust should be established. Respirable crystalline silica dust generated by a work process, with the exception of processes covered by the social dialogue on Workers’ Health Protection through the Good Handling and Use of Crystalline Silica and Products containing it49a, is not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council50. It is therefore appropriate to include work involving exposure to respirable crystalline silica dust generated by a work process in Annex I to Directive 2004/37/EC and to establish a limit value for respirable crystalline silica dust ('respirable fraction') . __________________with a modulation between quartz silica at 0.1 mg/m3 and 0.05 for cristalobite. __________________ 49a OJ C 279, 17.11.2006. 50 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1).
Amendment 76 #
Proposal for a directive
Recital 6
Recital 6
(6) Guides and good practice developed through initiatives by or specific to each Member State, such as the Social Dialogue "Agreement on Workers' Health Protection Through the Good Handling and Use of Crystalline Silica and Products Containing it" (NEPSi), are valuable and necessary instruments to complement regulatory measures and in particular to support the effective implementation of limit values.
Amendment 79 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – part A – column 4 – subcolumn mg/m3 – row 1
Annex III – part A – column 4 – subcolumn mg/m3 – row 1
Amendment 82 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – part A – column 4 – subcolumn mg/m3– row 2
Annex III – part A – column 4 – subcolumn mg/m3– row 2
0.02501
Amendment 85 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – part A – column 4 – subcolumn f/ml – row 3
Annex III – part A – column 4 – subcolumn f/ml – row 3
0.31
Amendment 94 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – part B
Annex III – part B
B. OTHER DIRECTLY RELATED PROVISIONS pm”Where good practices designed to reduce exposure to respirable crystalline silica (as defined in Annex I, point 6) are agreed by means of the social dialogue pursuant to Article 153(3) or Article 155(2) of the Treaty, including measures designed to enforce compliance with the limit value laid down in Section A above: implementation of these good practices shall make for full compliance with the Directive (2004/37/EC) on carcinogens and mutagens.
Amendment 98 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Chromic acid and alkaline or alkaline-earth chromates and dichromates, and zinc chromate, meet the criteria for classification as carcinogens in the labour legislation of at least one Member State. That legislation has recognised that these agents are responsible for the appearance of primary bronchopulmonary cancers and cancers of the nasal cavities. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 99 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) The following aromatic amines and their salts: 4-aminobiphenyl and salts (xenylamine); 4,4’-diaminobiphenyl and salts (benzidine); 2-naphtylamine and salts; 4,4’-methylene bis (2-chloroaniline) and salts (MBOCA); 3,3’dimethoxybenzidine and salts (o- dianisidine); 3,3’dimethylbenzidine and salts (o-tolidine); 4-chloro-2- methylaniline and salts (p-chloro-o- toluidine); auramine (technical grade); and the following benzidine-based dyes: CI direct black 38, CI direct blue 6 and CI direct brown 95 meet the criteria for classification as carcinogens in the labour legislation of at least one Member State. That legislation has recognised that these agents are responsible for the appearance of cancers of the bladder and urinary tract. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 100 #
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17c) Arsenic, inhalation of cobalt dust or vapour and inhalation of dust or vapours containing gold-bearing arsenopyrites meet the criteria for classification as carcinogens in the labour legislation of at least one Member State. That legislation has recognised that these agents are responsible for the appearance of angiosarcoma of the liver, primary bronchopulmonary cancers and skin cancers. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 101 #
Proposal for a directive
Recital 17 d (new)
Recital 17 d (new)
(17d) The following petroleum products: unrefined or less refined mineral oils and regenerated mineral oils used in operations to machine and treat metals, aromatic extracts, cracking residues, used engine oils and soot from the combustion of petroleum products meet the criteria for classification as carcinogens in the labour legislation of at least one Member State. That legislation has recognised that these agents are responsible for the appearance of skin cancers. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 102 #
Proposal for a directive
Recital 17 e (new)
Recital 17 e (new)
(17e) Formaldehyde meets the criteria for classification as a carcinogen in the labour legislation of at least one Member State. That legislation has recognised that this agent is responsible for the appearance of cancers of the nasopharynx. This substance should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 103 #
Proposal for a directive
Recital 17 f (new)
Recital 17 f (new)
(17f) Hepatitis A, B, C, D and E viruses meet the criteria for classification as carcinogens in the labour legislation of at least one Member State. That legislation has recognised that these agents are responsible for the appearance of liver cancers. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 104 #
Proposal for a directive
Recital 17 g (new)
Recital 17 g (new)
(17g) Dust or smoke containing cadmium meet the criteria for classification as carcinogens in the labour legislation of at least one Member State; That legislation has recognised that these agents are responsible for the appearance of primary bronchopulmonary cancers. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 105 #
Proposal for a directive
Recital 17 h (new)
Recital 17 h (new)
(17h) Inhalation of cobalt dust associated with tungsten carbide before sintering meets the criteria for classification as a carcinogen in the labour legislation of at least one Member State. That legislation has recognised that this agents is responsible for the appearance of primary bronchopulmonary cancers. This substance should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 106 #
Proposal for a directive
Recital 17 i (new)
Recital 17 i (new)
(17i) Bis (chloromethyl) ether meets the criteria for classification as a carcinogen in the labour legislation of at least one Member State. That legislation has recognised that this agents is responsible for the appearance of primary bronchopulmonary cancers. This substance should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 107 #
Proposal for a directive
Recital 17 j (new)
Recital 17 j (new)
(17j) One or other of the following agents: N-methyl N'nitro N- nitrosoguanidine; N-ethyl N'nitro N- nitrosoguanidine; N-methyl N- nitrosourea; N-ethyl N-nitrosourea meets the criteria for classification as a carcinogen in the labour legislation of at least one Member State. That legislation has recognised that these agents are responsible for the appearance of brain tumours. These substances should therefore be subject to regular monitoring and evaluation, at least every two years;
Amendment 144 #
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2004/37/EC
Annex I – point 6
Annex I – point 6
6. Work involving exposure to respirable crystalline silica dust generated by a work process., except processes covered by the Social Dialogue Agreement on Workers Health Protection through the Good Handling and Use of Crystalline Silica and Products containing it 1a. __________________ 1a OJ C 279 of 17/11/06
Amendment 146 #
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2004/37/EC
Annex I – point 6 a (new)
Annex I – point 6 a (new)
6a. Work entailing exposure to chromic acid and alkaline or alkaline- earth chromates and dichromates, and zinc chromate.
Amendment 147 #
Proposal for a directive
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Directive 2004/37/EC
Annex I – point 6 b (new)
Annex I – point 6 b (new)
6b. Work entailing exposure to the following aromatic amines and their salts: 4-aminobiphenyl and salts (xenylamine); 4,4’-diaminobiphenyl and salts (benzidine); 2-naphtylamine and salts; 4,4’-methylene bis (2-chloroaniline) and salts (MBOCA); 3,3’dimethoxybenzidine and salts (o-dianisidine); 3,3’dimethylbenzidine and salts (o- tolidine); 4-chloro-2-methylaniline and salts (p-chloro-o-toluidine); auramine (technical grade); the following benzidine-based dyes: CI direct black 38, CI direct blue 6, CI direct brown 95.
Amendment 148 #
Proposal for a directive
Article 1 – point 1 c (new)
Article 1 – point 1 c (new)
Directive 2004/37/EC
Annex I – point 6 c (new)
Annex I – point 6 c (new)
6c. Work entailing exposure to arsenic, inhalation of arsenic dust or vapours, inhalation of dust or vapours containing gold-bearing arsenopyrites.
Amendment 149 #
Proposal for a directive
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Directive 2004/37/EC
Annex I – point 6 d (new)
Annex I – point 6 d (new)
6d. Work entailing exposure to the following petroleum products: unrefined or less refined mineral oils and regenerated mineral oils used in operations to machine and treat metals, aromatic extracts, cracking residues, used engine oils and soot from the combustion of petroleum products.
Amendment 150 #
Proposal for a directive
Article 1 – point 1 e (new)
Article 1 – point 1 e (new)
Directive 2004/37/EC
Annex I – point 6 e (new)
Annex I – point 6 e (new)
6e. Work entailing exposure to formaldehyde.
Amendment 151 #
Proposal for a directive
Article 1 – point 1 f (new)
Article 1 – point 1 f (new)
Directive 2004/37/EC
Annex I – point 6 f (new)
Annex I – point 6 f (new)
6f. Substances released and inhaled during underground working in iron ore mines.
Amendment 152 #
Proposal for a directive
Article 1 – point 1 g (new)
Article 1 – point 1 g (new)
Directive 2004/37/EC
Annex I – point 6 g (new)
Annex I – point 6 g (new)
6g. Work entailing exposure to hepatitis A, B, C, D and E viruses.
Amendment 153 #
Proposal for a directive
Article 1 – point 1 h (new)
Article 1 – point 1 h (new)
Directive 2004/37/EC
Annex I – point 6 h (new)
Annex I – point 6 h (new)
6h. Work entailing exposure to dust or smoke containing cadmium.
Amendment 154 #
Proposal for a directive
Article 1 – point 1 i (new)
Article 1 – point 1 i (new)
Directive 2004/37/EC
Annex I – point 6 i (new)
Annex I – point 6 i (new)
6i. Work entailing exposure to cobalt dust associated with tungsten carbide before sintering.
Amendment 155 #
Proposal for a directive
Article 1 – point 1 j (new)
Article 1 – point 1 j (new)
Directive 2004/37/EC
Annex I – point 6 j (new)
Annex I – point 6 j (new)
6j. Work entailing exposure to bis (chloromethyl) ether.
Amendment 156 #
Proposal for a directive
Article 1 – point 1 k (new)
Article 1 – point 1 k (new)
Directive 2004/37/EC
Annex I – point 6 k (new)
Annex I – point 6 k (new)
6k. Work entailing exposure to one or other of the following agents: N-methyl N'nitro N-nitrosoguanidine; N-ethyl N'nitro N-nitrosoguanidine; N-methyl N- nitrosourea; N-ethyl N-nitrosourea.
Amendment 167 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 4
Annex III – Part A – row 1 – column 4
Amendment 174 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 2 – column 4
Annex III – Part A – row 2 – column 4
0,02501
Amendment 193 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part B
Annex III – Part B