Activities of Enrique CALVET CHAMBON 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 31 #
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 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 need to be evidence-based, proportionate and measurable, being established on the basis of available information, including updated scientific and technical data, economic feasibility of implementation and compliance, 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. Social partners should also be encouraged by Member States to adopt when possible higher levels of protection for their workers. __________________ 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 36 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Exposure limits should always take into account the feasibility of implementation and compliance, particularly for SMEs and microenterprises.
Amendment 37 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) SMEs and microenterprises representing the large majority of enterprises in the Union, have limited financial, technical and human resources, these raising concerns on its capacity to comply with stricter legislation, while maintaining equal protection levels for workers of SMEs and microenterprises, compliance for these companies should become simpler and less costly by specific support measures, these including financial incentives and digital tools; in these regard social partners shall exchange best practices.
Amendment 39 #
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) Wide differences in the Member States regarding the setting of limit values for the carcinogens and mutagens persist which leads to different workers protection levels across the Union and also distorts competition.
Amendment 49 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive strengthens the protection of workers’ health and safety at their workplace. The Commission should review it on a regular basis and make legislative proposals if appropriate. 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 as well as its dissemination should be further encouraged.
Amendment 52 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) When setting a Binding Occupational Exposure Limits (BOELs), it should be based on robust assessment of the latest scientific information, as well as the availability of measurement techniques and economic feasibility after a rigorous process of consultation with the Advisory Committee on Safety and Health (ACSH). BOELs need to be evidence based, proportionate and measurable.
Amendment 54 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Many cytotoxic drugs are known to be genotoxic, carcinogenetic or mutagenic, however, it should be noted that the toxological and exposure data often do not discriminate between different cytotoxic.
Amendment 59 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Directive 2004/37/EC should be reviewed on an ongoing basis and revised when necessary in the light of scientific and technical data, including if possible data on residual risk, after consulting the Scientific Committee on Occupational Exposure Limits (SCOEL), the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) and the Advisory Committee on Safety and Health at Work (ACSH) for the purpose of keeping better protected workers. Limit values should be established for all carcinogens and mutagens for which the available information makes this possible, considering its technical and economic feasibility, and taking into account evidence based best practices, techniques and protocols for exposure level measurement in the workplace. The Commission should, taking into account latest developments in scientific knowledge, assess the option of amending the scope of that Directive to include cytotoxic drugs that are carcinogenic or mutagenic, or to conclude for other more appropriate legal instrument, in order to protect adequately the workers’ health. On that basis of this process, the Commission should present, if appropriate, and after consulting social partners, a legislative proposal.
Amendment 62 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The precautionary principle based on sound scientific assessment should be applied in the protection of workers' health and safety.
Amendment 63 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The campaign launched by the European Agency for Safety and Health at Work (EU-OSHA) on 2018-2019 Healthy Workplaces Manage Dangerous Substances is a first step. EU-OSHA needs to work closely with Member States and reinforce the exchange of good practices, to provide tailored information and examples of good practices to workers in contact with certain substances, notably cytotoxic, highlighting policy developments and the legislative framework already in place.
Amendment 75 #
Proposal for a directive
Recital 21
Recital 21
(21) The limit values set out in this Directive are to be kept under permanent scrutiny and regular 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. __________________ 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).