Activities of Cindy FRANSSEN related to 2022/0298(COD)
Plenary speeches (1)
Protection of workers from asbestos (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work
Amendments (53)
Amendment 58 #
Proposal for a directive
Recital 3
Recital 3
(3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council65 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 65 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 (Text with EEA relevance)OJ L 353, 31.12.2008, p. 1.
Amendment 61 #
Proposal for a directive
Recital 4
Recital 4
(4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’) by taking into account an acceptable level of excess risk. As a consequence, the OEL for asbestos should be revised in order to reduce the risk by lowering exposure levels.
Amendment 66 #
Proposal for a directive
Recital 7
Recital 7
(7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordinglyStrengthened preventive and protective measures are needed to implement such a revision of the limit value in all Member States.
Amendment 72 #
Proposal for a directive
Recital 9
Recital 9
(9) Taking into account the relevant scientific expertise and a balanced approach ensuring at the same time adequate protection of workers at Union level and avoiding disproportionate economic disadvantages and burdens for the affected economic operators (including SMEs), a revised OEL equal to 0.001 fibres/cm3 as an 8-hour time-weighted average (TWA) should be established. This balanced approach is underpinned by a public health objective aiming at the necessary safe removal of asbestos. Consideration has also been given to proposing an OEL that takes into account economic and technical considerations to allow an effective removal.
Amendment 74 #
Proposal for a directive
Recital 11
Recital 11
(11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL. In line with the opinion of the ACSH, a more modern and sensitive methodology based on electron microscopy should be used, while taking into account the need for an adequate period of adaptation and for more EU level harmonisation of different electron microscopy methodologies. In light of the fact that thinner asbestos fibres (<0,2 µm) are also carcinogenic, those fibres should be taken into account when measuring exposure in the workplace. Electron microscopy, which allows the detection of such thinner asbestos fibres or similar advanced methods should be used for that purpose. In order to allow for sufficient time to comply with the new requirement, a transposition period of five years should be provided. During that transposition period, Member States can continue to carry out fibre counting by phase-contrast microscopy.
Amendment 80 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure a better a protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. In order to allow for sufficient time to comply with the new requirement, a transposition period of five years should be provided. During that transposition period, Member States can continue to carry out fibre counting by phase-contrast microscopy.
Amendment 82 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust . If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 92 #
Proposal for a directive
Recital 13
Recital 13
(13) Special control measures and precautions are needed for workers exposed or likely to be exposed to asbestos, such as subjecting workers to a decontamination procedure and related training, in order to significantly contribute to reducing the risks related to such exposureto lower the concentration of asbestos fibres in the air to as low a level as is technically possible below the limit value. Subjecting workers to a decontamination procedure and strengthening the related training requirements are important elements in order to significantly contribute to reducing the risks related to such exposure. In order to ensure a level playing field, an annex to this Directive should provide for minimum training requirements, including specific requirements for workers in specialised asbestos removal undertakings.
Amendment 96 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The notification system is important to allow the supervision by the competent national authority of works during which asbestos may be disturbed. The information should include the following additional elements to better inform the national competent authority: the areas in which the work is to be carried out, the equipment used for the protection and decontamination of workers, and a plan for waste disposal. Such additional information would allow, where appropriate, the intervention of the competent national authority to ensure the protection of those involved.
Amendment 99 #
Proposal for a directive
Recital 15
Recital 15
(15) Employers should take all necessary steps to identify presumed asbestos-containing materials, if appropriate by obtaining information from the owners of the premises as well as other sources of information, including relevant registers. They should record, before the start of any asbestos removal project, the presence or presumed presence of asbestos in buildings or installations anIf such information is lacking, asbestos screening should be carried out by a certified operator. That operator should record, before the start of any asbestos removal project, demolition or renovation, information relating to the presence or presumed presence of asbestos that is likely to be disturbed during the works in buildings, ships, aircrafts or other installations that were built before the national asbestos ban entered into force. Such screening should be carried out by a qualified and certified operator and should include a diagnosis adopted to the workplace. A report should state either the absence or the presence of asbestos, and its fibre type if present, with a detailed description of the nature of contamination and its precise location and estimated quantities. That operator should communicate thisat information to others who may be exposed to asbestos as a result of its use, of maintenance or of other activities in or on buildings.
Amendment 105 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 113 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 115 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite, fluoro-edenite or erionite should be included within the scope of that Directive.
Amendment 118 #
Proposal for a directive
Recital 15 d (new)
Recital 15 d (new)
(15d) In order to keep pace with technological developments, the Commission should every five years, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 123 #
Proposal for a directive
Recital 15 e (new)
Recital 15 e (new)
(15e) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Directive 2009/148/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
In Article 4(3), the second subparagraph is replaced by the following: “The notification mustshall include at least a brief description of: (a) the location of the worksite and the specific areas in which the work will be carried out; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved;involved; (d) the number of workers involved, a list of the workers likely to be assigned to the site, the individual certificates proving their competence and the training received, and the dates of the mandatory medical visits; (e) the starting date and duration of the work and the planned working hours; (f) measures taken to limit the exposure of workers to asbestos; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal; (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste."
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 e (new)
Article 1 – paragraph 1 – point 7 e (new)
Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2 a (new)
Article 4 – paragraph 3 – subparagraph 2 a (new)
(7e) In Article 4(3), the following subparagraph is added: “Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice."
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Article 1 – paragraph 1 – point 2 f (new)
(2f) In Article 5, the following paragraph is added: 2a. Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be sealed or covered. Asbestos-containing materials which cannot be removed in the short term shall be identified, registered and regularly monitored.
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/148/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2009/148/EC
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(3b) In Article 6, paragraph 1, the new point ba is added: (ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2009/148/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
(4a) In Article 7, paragraph 2 is replaced by the following: "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/148/EC
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
Fibre counting shall be carried out by phase-contrastelectron microscopey (PCEM) in accordance with and, wherever possible, any other method recommended in 1997 by the World Health Organization (WHO)* or, whegiving equivalent or better results. For the purposes of ensuring compliance with the measures on fibre counting revfer possible, any other method giving equivalent or better results, such as a method based on electron microscopy (EM)red to in this Article, the Commission shall support Member States by providing appropriate technical guidance, including on the technical transition from phase- contrast microscopy to electron microscopy, and information on relevant Union funds which can be used to support that transition.
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.001 fibres per cm³ as an 8-hour time-weighted average (TWA).
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Directive 2009/148/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/148/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
Before beginning demolition or, maintenance work or renovation works on premises built before the year in which the national asbestos ban entered into force, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos-containing materials.
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2009/148/EC
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(6b) In Article 11, the following paragraph is added: 1a. In the absence of relevant information available or if the information is not detailed enough for the work planned, the person or body ordering the work shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The screening shall be conducted by a certified operator and the result shall be communicated to the employer before works can start.
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2009/148/EC
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
(6c) In Article 11, the following paragraph is added: 1b. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, in accordance with their national law and practice.
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2009/148/EC
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
(6a) In Article 12(1), the introductory wording is replaced by the following: “In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:”
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 e (new)
Article 1 – paragraph 1 – point 6 e (new)
Directive 2009/148/EC
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(6e) In Article 12, the following paragraph is added: “A measurement of asbestos fibres concentration in the air shall be carried out after activities referred to in the first paragraph have been concluded in order to ensure that workers can safely re-enter the workplace."
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 g (new)
Article 1 – paragraph 1 – point 6 g (new)
Directive 2009/148/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(6g) In Article 14, paragraph 2 is replaced by the following: “2. The content of the training mustshall be easily understandable for workers. It mustshall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards: (a) effects on health, including the synergistic effect of smoking; (b) likely to contain asbestos; (c)in accordance with the national law and practice applicable where the work takes place.” the properations that could result in asbestos exposure and the importance of preventive controls to minimise exposure; (d) protective equipment; (e) selection, limitations and proper use of respiratory equipment; (f) emergency procedures; (g) decontamination procedures; (h) waste disposal; (i) medical surveillance requirements.es of asbestos and its the types of products or materials safe work practices, controls and the appropriate role, choice,
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Directive 2009/148/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Directive 2009/148/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 i (new)
Article 1 – paragraph 1 – point 6 i (new)
Directive 2009/148/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 j (new)
Article 1 – paragraph 1 – point 6 j (new)
Directive 2009/148/EC
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
(6j) In Article 15, the following paragraph is added: “1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice.”
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 k (new)
Article 1 – paragraph 1 – point 6 k (new)
Directive 2009/148/EC
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
(6k) In Article 15, the following paragraph is added: “1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1."
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 l (new)
Article 1 – paragraph 1 – point 6 l (new)
(6l) In Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing; this as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; that working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 l (new)
Article 1 – paragraph 1 – point 6 l (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(6l) In Article 16(1), point c is replaced by the following: “(c) workers are provided with appropriate working or protective clothing; this as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; that all working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;”
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 m (new)
Article 1 – paragraph 1 – point 6 m (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(6m) In Article 16(1), the following point is inserted: “(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;”
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 m (new)
Article 1 – paragraph 1 – point 6 m (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(6m) In Article 16(1), the following point is inserted: "(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;"
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 n (new)
Article 1 – paragraph 1 – point 6 n (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(6n) In Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;, and are subject to a mandatory decontamination procedure;"
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 n (new)
Article 1 – paragraph 1 – point 6 n (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(6n) In Article 16(1), point e is replaced by the following: “(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;, and are subject to a mandatory decontamination procedure;”
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 s (new)
Article 1 – paragraph 1 – point 6 s (new)
Directive 2009/148/EC
Article 18 b a (new)
Article 18 b a (new)
(6s) The following Article is inserted: “Article 18ba 1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. When entering into force of this amending Directive], the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite, fluoro-edenite and erionite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos.”
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2009/148/EC
Article 20 a (new)
Article 20 a (new)
The following Article is inserted: Article 20a With a view to fulfil the requirements of Council Directive 89/391/EEC, Member States shall improve the number, quality and frequency of labour inspections in line with the International Labour Organisation’s recommendation of minimum one inspector for every 10 000 workers;
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2009/148/EC
Article 21
Article 21
(7a) Article 21 is replaced by the following: “Member States shall keep a register of all recognised cases of asbestosis and mesothelioma. -related occupational diseases. An indicative list of diseases that can be caused by asbestos exposure is set out in Annex I.”
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2009/148/EC
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
(7b) In Article 21, the following paragraph is added: “1a. The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases."
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Directive 2009/148/EC
Article 21a (new)
Article 21a (new)
(3c) The following article is inserted: “Article 21a In the case of fire, existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services."
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2009/148/EC
Article 21 b (new)
Article 21 b (new)
The following article is inserted: "Article 21b For the purpose of fulfilling the requirements of this Directive, Member States can make use of European Structural Investment (ESI) funds; the Commission shall ensure sufficient and appropriate funds for this purpose to provide technical guidance, administrative and financial support to employers, in order to ensure adequate protection of the workers, in complying with the requirements of this Directive, including accessing and developing measurement technology, protective equipment, training and up- and reskilling of workers."
Amendment 287 #
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
Annex I – point 1
2c. In Annex I, point 1 is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases: — asbestosis, — mesothelioma, — bronchial carcinoma, — gastro-intestinal carcinoma. — carcinoma of the larynx, — carcinoma of the ovary, — non-malignant pleural diseases. 1a. Positive associations have been noted by the International Agency for Research on Cancer between asbestos exposure and the following diseases: — pharyngeal cancer, — colorectal cancer, — stomach cancer.”
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 e (new)
Article 1 – paragraph 1 – point 7 e (new)
Amendment 295 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point 4, of this Directive by [five years after the date of entry into force of this Directive]. They shall immediately communicate the text of those measures to the Commission. Member States shall, before having brought into force the laws, regulations and administrative provisions in accordance with this paragraph, carry out fibre counting by phase-contrast microscopy or, where possible, by any other method giving equivalent or better results. For the purpose of bringing into force the laws, regulations and administrative provisions necessary to comply with this Directive, the Commission could consider to/shall set up a platform for the Member States to exchange best practices.
Amendment 296 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 b (new)
Article 2 – paragraph 1 – subparagraph 1 b (new)
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point 5, of this Directive by [five years after the date of entry into force of this Directive]. They shall immediately communicate the text of those measures to the Commission.
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Commission shall regularly monitor and assess the impact of the implementation of this Directive, after consulting the social partners, and taking into account SMEs and micro-enterprises, and provide sufficient technical guidance and administrative support to fulfil the requirements of this Directive.