12 Amendments of Lynn BOYLAN related to 2018/0081(COD)
Amendment 2 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2004/37/EC of the European Parliament and of the Council44 aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace. A consistent level of protection from the risks related to carcinogDirective 2004/37/EC lays down the relevant minimum requirements and mutagens is provided for in Directive 2004/37/EC by a framework of general principles to enable Member States to ensure the consistent application of the minimum requiremon the basis of acquired scientific evidence, and is subject to periodic review in order to improve protection from risks arising from carcinogens and mutagents. Binding occupational exposure limit values established on the basis of availablescientific information, including scientific and technical data, economic feasibility, a thorough assessment of the socioeconomic impact and availability of exposure measurement protocols and techniques at the workplace, are important components of the general arrangements for the protection of workers established by Directive 2004/37/EC. The minimum requirements provided for in Directive 2004/37/EC aim to protect workers at Union level. More stringent binding occupational exposure limit values can be set by Member States. __________________ 44 Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).
Amendment 4 #
Proposal for a directive
Recital 3
Recital 3
(3) Occupational exposure limit values are part of risk management under Directive 2004/37/EC. Compliance with those limit values is without prejudice to other obligations of employers pursuant to Directive 2004/37/EC, such as the reduction of the use of carcinogens and mutagens at the workplace, the prevention or reduction of workers’ exposure to carcinogens or mutagens and the measures which should be implemented to that effect. Those measures should include, as far as it is technically possible, the replacement of the carcinogen or mutagen by a substance, mixture or process which is not dangerous or is less dangerous to workers’ health, the use of a closed system or other measures such as monitoring systems and rotation by time slot, aiming to reduce the level of workers’ exposure. In that context, it is essential to take the precautionary principle into account where there are uncertainties. It is also crucial that health-checks continue to be arranged for workers beyond the periods in which they are exposed to carcinogens and mutagens.
Amendment 5 #
Proposal for a directive
Recital 4
Recital 4
(4) For most carcinogens and mutagens, it is not scientifically possible to identify levels below which exposure would not lead to adverse effects. Therefore, actions to phase down, as soon as possible, all relevant agents classified under categories 1A and 1B in accordance with Regulation (EC) 1272/2008, is necessary. While setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to Directive 2004/37/EC does not completely eliminate risks to the health and safety of workers arising from exposure at work (residual risk), it nonetheless contributes to a significant reduction of risks arising from such exposure in the stepwise and goal- setting approach pursuant to Directive 2004/37/EC. For other carcinogens and mutagens, it may be scientifically possible to identify levels below which exposure is not expected to lead to adverse effects.
Amendment 7 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive strengthens the protection of workers’ health and safety at their workplace. New limit values should be set out in Directive 2004/37/EC in the light of available information, including new scientific and technical data and evidence-based best practices, techniques and protocols for exposure level measurement at the workplace. That information should, if possible, include data on residual risks to the health of workers, recommendations of the Scientific Committee on Occupational Exposure Limits (SCOEL) and opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), as well as opinions of the Advisory Committee on Safety and Health at Work (ACSH). Information related to residual risk, made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens. Transparency of such information should be further encouragmust be ensured.
Amendment 11 #
Proposal for a directive
Recital 12
Recital 12
(12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of sefiven years should therefore be introduced during which the limit value 0,004 mg/m3 should apply.
Amendment 13 #
Proposal for a directive
Recital 13
Recital 13
(13) Beryllium and most inorganic beryllium compounds meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and (category 1) as designated by the International Agency for Research on Cancer, and are therefore carcinogens within the meaning of Directive 2004/37/EC. In addition to carcinogenic properties beryllium is known to provoke chronic beryllium disease (CBD) and beryllium sensitisation (BeS). It is possible, on the basis of the available information, including scientific and technical data, to set a limit value for that group of carcinogens. It is therefore appropriate to establish a limit value for beryllium and inorganic beryllium compounds under the scope of Directive2004/37/EC and to assign a notation for skin and respiratory sensitisation.
Amendment 19 #
Proposal for a directive
Recital 21
Recital 21
(21) The limit values set out in this Directive are to be kept under review to ensure consistency with Regulation (EC) No 1907/2006 of the European Parliament and of the Council50 , in particular to take account of the interaction between limit values set out under Directive 2004/37/EC and derived no effect levels for hazardous chemicals under that Regulation in order to protect workers effectively. Systematic, regular and documented revisions must be implemented on the limit values of existing agents. __________________ 50 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 28 #
Proposal for a directive
Annex – paragraph 1 - table
Annex – paragraph 1 - table
Amendment 34 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Directive 2004/37/EC of the European Parliament and of the council aims to cover substances or mixtures which meet the criteria for classification as a category 1A or 1B carcinogen and/or mutagen set out in annex I to Regulation (EC) N° 1272/2008 of the European Parliament and of the Council (1) as well as substances, mixtures or process referred to in annex I to this Directive. The substances which meet the criteria for classification as a category 1A or 1B carcinogen or mutagen set out in Annex I to Regulation (EC) N° 1272/2008 are those with an harmonised classification or a self-classification notified to the European Chemicals Agency (ECHA). They are listed in the public Classification and Labelling Inventory maintained by ECHA. Substances classified by IARC as carcinogens category 1or 2A are also deemed to meet the criteria for classification as a category 1A or 1B carcinogen set out in annex I to Regulation (EC) N° 1272/2008 of the European Parliament and of the Council1a. __________________ 1a 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, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
Amendment 44 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions from old diesel engines. New diesel engine technology has changed the quality and quantity of diesel emissions and the associated cancer risks have been reduced but not eliminated. Due to the long transition time to switch from old to new diesel technology, a concomitant exposure to exhaust emissions from old and new diesel engines is expected to occur at work for the many years to come. Diesel engine exhaust emissions are process-generated and consequently they are not subject to classification in accordance with Regulation (EC) N° 1272/2008. On the basis of available information, including scientific and technical data, a limit value for diesel engine exhaust emissions should be established. It is therefore appropriate to include work involving exposure to diesel engine exhaust emissions in Annex I and to establish a limit value for diesel engine exhaust emissions in Annex III to Directive 2004/37/EC. The entries in Annex I and Annex III should cover fumes from all types of diesel engine and thus irrespective of whether the exhaust emissions are from old or new diesel engines.
Amendment 89 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Member States shall notify the Commission of the measures taken in accordance with national law and practices to ensure that their competent authorities have a sufficient number of trained staff and other resources necessary to carry out their tasks related to proper and effective implementation of this Directive. This information shall form part of the implementation reports submitted by Member States every five years pursuant to Article 17a of Council Directive 89/391/EEC.
Amendment 93 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – table – row 5 a (new)
Annex III – Part A – table – row 5 a (new)
Diesel engine 0.051a exhaust emissions (irrespective of diesel engine types) ____________________ 1a mg/m3 measured as elemental carbone