Activities of Claude ROLIN related to 2018/0081(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work PDF (715 KB) DOC (115 KB)
Amendments (11)
Amendment 26 #
Proposal for a directive
Recital 1
Recital 1
(1) Principle 10 of the European Pillar of Social Rights43, proclaimed at Gothenburg on 17 November 2017, provides that every worker has the right to healthy, safe and well-adapted work environment. The right to a high level of protection of the health and safety at work, as well as to a working environment adapted to the professional needs of workers and which enables them to prolong their participation in the labour market includes also protection from carcinogens and mutagens at the workplace. __________________ 43 European Pillar of Social Rights, November 2017, https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social-rights_en
Amendment 32 #
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 consistenthigh level of protection from the risks related to carcinogens 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 requirements. Binding occupational exposure limit values established on the basis of available 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 42 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions arising from the combustion of diesel fuel in compression ignition engines. Diesel engine exhaust emissions are process-generated and therefore they are not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council1 a. The ACSH has agreed to add traditional diesel engine exhaust emissions to Annex I to Directive 2004/37/EC and has requested further studies on the scientific and technical aspects of new engine models. Diesel engine exhaust has been classified by the International Agency for Research on Cancer (IARC) as carcinogenic to humans (IARC category 1) and the IARC has specified that while the amount of particulates and chemicals are reduced in the newer types of diesel engines, it is not yet clear how the quantitative and qualitative changes will translate into altered health effects. The IARC has also specified that it is common to use elemental carbon, which makes up a significant proportion of those emissions, as a marker of exposure. Given the above and the number of workers exposed, it is appropriate to include work involving exposure to diesel engine exhaust emissions in Annex I to Directive 2004/37/EC and to establish a limit value for diesel engine exhaust emissions calculated on elemental carbon in Part A of Annex III thereto. The Commission should review that limit value by using the most up-to-date scientific and socio- economic data. The entries in Annex I and Annex III to Directive 2004/37/EC should cover exhaust from all types of diesel engine. __________________ 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 46 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) For new technology with significantly reduced diesel engine exhaust emissions and elemental carbon mass concentrations, elemental carbon may not be an equally useful exposure indicator. Nitrogen dioxide is likely to be a more relevant exposure indicator for new technology diesel engine exhaust. Since the age and type of engines and exhaust after-treatment systems applied vary within and between workplaces, it may be appropriate to set an occupational exposure limit value for diesel exhaust both as respirable elemental carbon and as nitrogen dioxide. The Commission should review those limit values by using the most up-to-date scientific and socio- economic data. Both of those values should be fulfilled at workplaces where diesel engines are applied. Although data allowing a direct comparison of the carcinogenic potential of the diesel engine exhaust emitted by new technology and older technology diesel engines are not available, new diesel engine technology has changed the quality and quantity of diesel emissions and the associated carcinogenic risks have been reduced but not eliminated. The significant reduction of the diesel engine exhaust mass concentration in exhaust from new technology diesel engines is expected to reduce the risk of lung cancer (per kWh). This is supported by the findings from a single set of animal studies showing reduced or negligible in vivo lung genotoxicity and oxidative DNA damage after inhalation exposure to diesel exhaust from new technology diesel engines. Determination of relevant exposure indicators for new technology diesel engine exhaust, including consideration of the particle size distribution and different particle exposure metrics (e.g. number vs mass concentration) would be valuable. In addition, it is important to compare the hazard per mass unit of diesel engine exhaust from new and older technology diesel engines. Further information is also needed on exposure levels at workplaces where new diesel engines are in use.
Amendment 47 #
Proposal for a directive
Recital 5
Recital 5
(5) Maximum levels for the exposure of workers to some carcinogens or mutagens are established in Annex III by values which, pursuant to Directive 2004/37/EC, must not be exceeded. Practical recommendations for the health surveillance of workers may be laid down in Annex II to Directive 2004/37/EC but not made mandatory.
Amendment 50 #
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) and monographs of the International Agency for Research on Cancer (IARC1a). 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 encouraged. __________________ 1a The International Agency for Research on Cancer was set up in 1965 by the United Nations World Health Organization (WHO).
Amendment 76 #
Proposal for a directive
Recital 23
Recital 23
(23) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and developmenttake the everyday existence of small and medium-sized undertakings into account. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2004/37
Article 18 a – paragraph 2 a (new)
Article 18 a – paragraph 2 a (new)
In Article 18a, the following paragraph is added: “By 30 June 2019, the Commission shall, after consulting the Member States and the social partners, assess the need to modify the limit values for diesel engine exhaust emissions. The Commission shall propose, where appropriate, necessary amendments related to that process.”
Amendment 85 #
Proposal for a directive
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Directive 2004/37/EC
Annex I – point 5 b (new)
Annex I – point 5 b (new)
The following section is added to Annex I: «5b. Work involving exposure to diesel engine exhaust emissions.”
Amendment 94 #
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 - - 0,051a - - - - - - engine exhaust emissions ____________________ 1a Measured as elemental carbon.
Amendment 97 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – table – row 5 b (new)
Annex III – Part A – table – row 5 b (new)
Diesel - - - 0,51a - - - - - engine exhaust emissions ____________________ 1a Measured as nitrogen dioxide