11 Amendments of Andrzej HALICKI related to 2020/0262(COD)
Amendment 9 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The employers' obligations laid down in this Directive should take into account the fact that microenterprises and SMEs, which represent a large majority of enterprises in the Union, have limited financial, technical and human resources. Member States are therefore invited to assess the impact of the implementation of this Directive on such enterprises in order to ensure that they are not disproportionately affected, with specific focus on microenterprises and the administrative burdens, and to publish the results of such assessments, while maintaining equal protection for all workers and facilitating compliance of microenterprises and SMEs. Against that background, specific measures such as incentives and digital tools could help SMEs and microenterprises further to comply with the obligations laid down in Directive 2004/37/EC and progress towards the elimination of risks relating to exposure to carcinogens or mutagens at the workplace.
Amendment 12 #
Proposal for a directive
Recital 4
Recital 4
(4) Compliance with binding occupational exposure limit values is without prejudice to other employers’ obligations 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 feasible and 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 aiming to reduce the level of workers’ exposure. Whilst the protection of workers is a priority, the replacement of carcinogens and mutagens with less dangerous substances should be carried out in proportion with the feasibility and the possibility of that exchange to its economic impact in relation to the improvement of the exchange.
Amendment 14 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive strengthens the protection of workers’ health and safety at their workplace. NewUpdate limit values should be set out in Directive 2004/37/EC in the light ofbased on the currently available relevant information, including new scientific and technical data and should also be based on arespect thorough assessments of the socioeconomic impact, proportionality and availability of exposure measurement protocols and techniques at the workplace. That information should, if possible, include data on residual risks to the health of workers, 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.
Amendment 17 #
Proposal for a directive
Recital 7
Recital 7
(7) It is also necessary to consider other relevant absorption pathways than inhalation of all carcinogens and mutagens, including the possibility of uptake through the skin, in order to ensure the best possible level of protection.
Amendment 19 #
Proposal for a directive
Recital 9
Recital 9
(9) Acrylonitrile meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and the Council47 and is therefore carcinogen within the meaning of Directive 2004/37/EC. It is possible, on the basis of the availablecurrently available relevant information, including scientific and technical data, to set a long- and short- term limit value for that carcinogen. Acrylonitrile can also be absorbed through the skin. It is therefore appropriate to establish a limit value for acrylonitrile under the scope of Directive 2004/37/EC and to assign a skin notation to it. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for acrylonitrile. This should be considered when developing guidance on the practical use of biomonitoring. _________________ 47Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32008 R1272.
Amendment 20 #
Proposal for a directive
Recital 10
Recital 10
(10) With regard to the newly added acrylonitrile, a limit value of 1 mg/m³ (0.45 ppm) and a short- term limit value of 4 mg/m³ (1.8 ppm) may be difficult to be complied with in the short term. A transitional period of four years after entry into force of this Directive should be introduced from which these Occupational Exposure Limit (OEL) values shallould apply.
Amendment 21 #
Proposal for a directive
Recital 11
Recital 11
(11) Nickel compounds meet the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and are therefore carcinogens within the meaning of Directive 2004/37/EC. It is possible, on the basis of the availablecurrently available relevant information, including scientific and technical data, to set limit values for that group of carcinogens. Exposure to nickel compounds at workplaces may also result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to establish two limit values for both the inhalable and respirable fractions of the nickel compounds under the scope of Directive 2004/37/EC and to assign a notation for dermal and respiratory sensitisation.
Amendment 22 #
Proposal for a directive
Recital 12
Recital 12
(12) With regard to the newly added nickel compounds, limit values of 0.01 mg/m³ for the respirable fraction and 0.05 mg/m³ for the inhalable fraction may be difficult to be complied with in a number of sectors or processes, including specifically smelting, refineries and welding. Furthermore, since identical risk management measures can be used both for chromium (VI) and nickel compounds, the transitional measures aiming to reduce the exposure to these two groups of carcinogens should be aligned. Therefore, a transitional period until 17 January 2025 inclusive should be introduced during which a limit value of 0.1 mg/m³ for the inhalable fraction of the nickel compounds should apply. This transitional period would ensure alignment with the date of application of the OEL for Chromium (VI) compounds adopted in Directive 2017/2398/EU48 . _________________ 48 Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. Available at: https://eur- lex.europa.eu/legal- content/EN/TXT/?qid=1571906530859&ur i=CELEX:32017L2398.
Amendment 24 #
Proposal for a directive
Recital 13
Recital 13
(13) Benzene meets the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and is therefore carcinogen within the meaning of Directive 2004/37/EC. Benzene can also be absorbed through the skin. The limit value set out in Annex III to Directive 2004/37/EC for benzene should be carefully revised in the light of more rececurrently available relevant scientific data and it is appropriate to keep the skin notation. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for benzene. This should be considered when developing guidance on the practical use of biomonitoring.
Amendment 25 #
Proposal for a directive
Recital 14
Recital 14
(14) With regard to benzene, a revised limit value of 0.2 ppm (0.66 mg/m³) from previously 1 ppm (3,25mg/m3) may be difficult to be complied with in some sectors and by some undertakings, in particular microentreprises and SMEs, in the short term. A transitional period of 4 years after entry into force of this Directive should therefore be introduced. From two years up to four years after entry into force, a transitional limit value of 0.5 ppm (1.65 mg/m³) should apply.
Amendment 29 #
Proposal for a directive
Recital 16
Recital 16
(16) The limit values established in this Directive are to be kept under regular scrutiny and review to ensure ongoing consistency with Regulation (EC) No 1907/200649 . _________________ 49Regulation (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. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32006 R1907.