76 Amendments of Estrella DURÁ FERRANDIS related to 2019/2182(INL)
Amendment 2 #
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to Article 168 TFEU,
Amendment 6 #
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— having regard to the report entitled ‘Conquering Cancer - Mission Possible’ within the framework of Horizon Europe Framework Programme for Research and Innovation (2021-2027),
Amendment 7 #
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
— having regard to the World Health Organisation recommendations set out in the factsheet ‘Elimination of asbestos- related diseases’ of March 2014,
Amendment 8 #
Motion for a resolution
Citation 29 c (new)
Citation 29 c (new)
— having regard to the United Nations Sustainable Development Goals, in particular goal 3 on the right to good health and well-being,
Amendment 12 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas increased cancer risks have been observed in populations exposed to very low levels of asbestos fibres, including chrysotile fibres;
Amendment 13 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas many different groups are at risk of exposure to asbestos, including workers in the building and renovation sector, mining, waste management, firefighters, as well as home-owners and renters;
Amendment 15 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that all types of asbestos- related diseases such as lung cancer and pleural mesothelioma – caused by the inhalation of asbestos-suspended fibres thin enough to reach the alveoli and long enough to exceed the size of macrophages, as well as different types of cancer caused not only by the inhalation of airborne fibre but also by the ingestion of water containing such fibres coming from asbestos pipes – have been recognised as a health hazard and can take several decades, and in some cases more than 40 years, to become apparent;
Amendment 16 #
Motion for a resolution
Recital F
Recital F
F. whereas despite existing regulations, many cases of asbestos-related diseases are usually not recognised as occupational diseases and victims are therefore not eligible for work-related compensation;
Amendment 18 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas trade unions and victims support groups play an important role in assisting victims of occupational diseases in recognition procedures and compensation claims;
Amendment 18 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that asbestos is a non- threshold carcinogen, meaning that every level of exposure, however low, brings a risk of developing cancer;
Amendment 23 #
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas creating landfills for asbestos waste is only a temporary solution to the problem, which in this way is left to be dealt with by future generations, as asbestos fibres are virtually indestructible overtime; whereas there is a need for the development of cost-effective methods for the inertisation of waste containing asbestos, to deactivate active asbestos fibres and convert them into materials that do not pose public health risks;
Amendment 24 #
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. whereas a requirement for the asbestos certification of buildings exists in several Member States and a public asbestos register exists in Poland;
Amendment 27 #
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking, including populations living close to construction sites, train infrastructures, shipyards and power plants;
Amendment 29 #
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas the lack of affordable real-time alert and measurement technology for asbestos fibre concentrations hinders the effective protection of workers; whereas the EU has played a role in funding research and development of real-time asbestos alert and detection technology in the past; whereas legislative requirements should keep pace with technological development in the field of real-time asbestos alert and measurement in order to ensure high levels of protection of workers from asbestos;
Amendment 31 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls, that despite the Europe- wide ban on asbestos (1999, to be implemented by 2005), asbestos still kills people in Europe. Whereas all types of asbestos are dangerous and its hazard impact has been documented and subject to regulations, and despite the ban on the use of asbestos, it is still found in many ships, trains, machinery, bunkers, tunnels, galleries, pipes in public and private water distribution networks and especially in buildings, including many public and private buildings;
Amendment 33 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
Amendment 34 #
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas no EU funds should be made available to companies that do not comply with EU and national regulations aiming to protect workers from asbestos;
Amendment 41 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that a study by Italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; further recalls that in line with WHO recommendations asbestos-cement pipes should no longer be used or approved for drinking water;
Amendment 42 #
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas enforcement, including effective inspection, is key to ensuring compliance with rules and regulations on identification and safe removal of asbestos in buildings; whereas labour inspectorates, trade unions and workplace health and safety representatives play a key role in effective inspection and enforcement of asbestos-related rules and regulations;
Amendment 43 #
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas dissuasive sanctions are key in deterring infringement of regulations on occupational health and safety at work and ensuring fair competition on the internal market;
Amendment 47 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that citizens should receive equal protection from exposure to asbestos in their living spaces; urges the Commission in this regard to ensure the protection of all citizens by introducing exposure limit values for asbestos in living spaces as it is necessary, notably in view of para-occupational exposure by means of which exposed workers transport asbestos fibres to the house setting;
Amendment 49 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls that more information is needed with regard to population exposure through contact with commercial products containing asbestos, such as housing materials and their disturbance through normal activity; adds that risks arising from populations exposed to naturally occurring asbestos materials is also an area where information is lacking;
Amendment 50 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses that increased environmental exposure in view of the deterioration of the building stock in the EU leads to more cases of mesothelioma;
Amendment 51 #
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. whereas asbestos is still legally sold and marketed in over 100 countries worldwide, including countries in the eastern and southern EU neighbourhood regions; whereas recurring scandals show that asbestos still illegally enters the EU Single Market; whereas as long as asbestos is legally produced and marketed globally, there is always a risk it will enter the EU Single Market;
Amendment 51 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Urges the Commission and Member States in this regard to support research into the risks related to such environmental asbestos exposure pathways;
Amendment 55 #
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. whereas Member States have different ways of organising national social insurance schemes with regard to work-related injury or disease, including the complementary role of collective agreements; whereas the principles underlying such schemes and the autonomy of the social partners need to be respected;
Amendment 64 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the anticipated increase in construction work in view of the Renovation Wave which will be accompanied by increased occupational and environmental exposure to asbestos fibres; highlights the need for asbestos to be substituted with energy efficient materials in the context of the Renovation Wave;
Amendment 67 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the mobilisation of European funds for the development and commercialisation of occupational health and safety technology, including real-time measurement and alert systems for asbestos; calls for the mobilisation of European funds to support research and development of cost-effective asbestos inertisation methods and technologies;
Amendment 68 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that companies that do not comply with EU and national regulations aiming to protect workers from asbestos should not have access to EU funding; calls for a system of penalties for the use of Union funds under the ‘Renovation Wave for Europe’ applying to beneficiaries not complying with community and national rules on the protection of workers from asbestos;
Amendment 69 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls for a study mapping the size of the problem of asbestos-containing products and materials illegally imported into the Union and outlining potential measures to strengthen market surveillance to keep asbestos-containing products from being placed on the Union market;
Amendment 70 #
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Points out that labour inspectorates have a vital role to play in prevention and monitoring and also in helping to enhance expertise and information provision at company level; urges the Member States to increase the staffing levels and the resources available to enhance the capacity of labour inspectorates and to meet the target of one inspector for every 10,000 workers, as recommended by the International Labour Organisation, as well as to impose more severe penalties on firms that fail to comply with their obligations concerning fundamental rights (salaries, working hours and occupational safety and health); considers that penalties in such cases must be effective, proportionate and dissuasive;
Amendment 85 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need to establish public registers relating to asbestos and minimum standards relating to their implementation; recalls that such minimum standards relating to public registers need to be linked to health and safety policies and to environmental and public health regulations;
Amendment 88 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights the need for the treatment of asbestos waste and the safe handling, removal and substitution of this substance in waste streams to be at the heart of the strategy to be developed by the Commission; recalls the need for greater circularity in the construction sector and the importance of preventing asbestos waste from entering the circular economy;
Amendment 90 #
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission to promote the establishment throughout the EU of centres for the treatment and inertisation of waste containing asbestos, combined with phasing out all delivery of such waste to landfills;
Amendment 91 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned that according to the latest scientific medical research and recommendations, there is no threshold under which asbestos fibre air concentration is harmless8 ; believes in that regard that no exemptions from the protection measures of Directive 2009/148/EC can be justified under reference to the occupational exposure limit value (OELV); calls for Directive 2009/148/EC to fully reflect the principle that appropriate personal protective measures should always be taken during activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos; __________________ 8 ECHA Scientific report for evaluation of limit values for asbestos at the workplace, 1 February 2021.
Amendment 91 #
Draft opinion
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Highlights the need for the EU to fight in international fora against the dumping of asbestos in developing countries;
Amendment 92 #
Draft opinion
Paragraph 9 f (new)
Paragraph 9 f (new)
9f. Emphasises the need for synergies between the strategy to be developed by the Commission, the circular economy objectives including the labelling system and the strategy for a sustainable built environment; highlights also the need for synergies to be created between the strategy and existing initiatives concerning the development of a knowledge base in relation to the substitution of hazardous substances of concern;
Amendment 93 #
Draft opinion
Paragraph 9 g (new)
Paragraph 9 g (new)
9g. Recalls the need for transparency with regard to the presence and composition of asbestos fibres in waste streams with a view to improving dismantling and decontamination techniques in order to facilitate the recovery of waste; encourages the creation of synergies with the database being set up by the European Chemicals Agency to gather information and improve knowledge about substances of concern in products and in products when they become waste;
Amendment 96 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the fundamental legal principle of health and safety at work that the state of the art in technology must always be applied to achieve the highest possible level of protection; calls for the strengthening of technical minimum requirements to lower the concentration of asbestos fibres in the air to the lowest level which is technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination; calls for minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters; stresses the need for updated technical minimum requirements to contain provisions to keep pace with technological developments;
Amendment 106 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that Directive 2009/148/EC applies to all activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos; calls for stronger provisions ensuring the protection of all workers at asbestos removal sites, including workers entering a worksite post removal; calls for a stronger emphasis on the need to include all at-risk professions, including renovation and demolition workers, waste managers, miners and firefighters, in the national implementation of that Directive;
Amendment 106 #
Draft opinion
Paragraph 4
Paragraph 4
4. The establishment of centres for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfillintegration of an EU-wide plan in the strategy to be developed by the Commission for the treatment of asbestos waste and the safe handling, removal and substitution of this substance in waste streams;
Amendment 109 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. The establishment of centres for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfills and other harmful practices such as its disposal in waterbodies;
Amendment 110 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. The development of a strategic plan for the EU to increase its activity and influence on global level with regard to the fight against dumping of asbestos in developing countries;
Amendment 114 #
Draft opinion
Paragraph 5
Paragraph 5
5. The establishment of a European framework for public and accessible asbestos registers and minimum standards relating to their implementation, together with a mapping of the exact location of asbestos on public and private sites;
Amendment 121 #
Draft opinion
Paragraph 7
Paragraph 7
7. The active involvement of the social partnersmeasurement and access to information with regard to background concentration levels of asbestos in the atmosphere all over the EU and other stakeholders, such as asbestos victims’ group introduction of exposure limit values for living spaces.
Amendment 124 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. The identification of funding instruments including both EU and national funds for the implementation of the Strategy to be adopted by the Commission.
Amendment 126 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. To support research into the risks related to environmental asbestos exposure pathways.
Amendment 127 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. The active involvement of the social partners and other stakeholders, such as asbestos victims’ groups, tenants and environmental organizations.
Amendment 130 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to present a legislative proposal for the mandatory screening of buildings before sale or rent and for the establishment of asbestos certificates for buildings constructed before 2005 or before equivalent national asbestos bans;
Amendment 132 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the EU to work with international organisations to pioneer instruments to label the asbestos market as a toxic trade;
Amendment 133 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the EU to make the listing of chrysotile in Annex III of the Rotterdam Convention a top priority;
Amendment 135 #
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Calls on the EU to integrate the fight against asbestos and asbestos-related diseases into EU partnership and development policy; calls on the EU to integrate the fight against asbestos and asbestos-related diseases into EU neighbourhood policy;
Amendment 136 #
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22f. Calls on the EU to address the unacceptable dumping of asbestos on developing countries at forums where trade agreements are being discussed, in particular at the World Trade Organization, and to exert diplomatic and financial pressure to ensure a global asbestos ban, to stop the illegal and unethical practice of exporting end-of-life ships containing asbestos and ensure high standards for the protection of workers against asbestos exposure at EU approved ship recycling facilities;
Amendment 137 #
Motion for a resolution
Paragraph 22 g (new)
Paragraph 22 g (new)
22g. Calls on the EU to increase its support, including financial, for global actors working against asbestos and asbestos-related diseases, including the World Health Organisation;
Amendment 138 #
Motion for a resolution
Paragraph 22 h (new)
Paragraph 22 h (new)
22h. Condemns European financial investment in global asbestos industries;
Amendment 139 #
Motion for a resolution
Paragraph 22 i (new)
Paragraph 22 i (new)
22i. Calls on the Commission to ensure that vessels carrying asbestos as cargo in transit can neither dock nor use port facilities or temporary storage within the EU;
Amendment 144 #
Motion for a resolution
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
(2) A timeline for asbestos removal, including possible priorities (such as schools, gyms, or socialhospitals, sports centres, or public housing), milestones, and regular evaluations of the progress made at least every 5 years;
Amendment 150 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – point a
Annex I – paragraph 1 – point 4 – point a
(a) public accessibility, including for workers and companies working in a building or infrastructure, owners, inhabitants, emergency services and users;
Amendment 152 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – point b
Annex I – paragraph 1 – point 4 – point b
(b) the year of construction of the building or infrastructure concerned (before or after the national asbestos ban);
Amendment 153 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – point d
Annex I – paragraph 1 – point 4 – point d
(d) the specific location of harmful substances and an indication of where work will be performed (inside/outside) as well as the part of the building (floors, walls, ceilings, roofs) or infrastructurethe parts of the building that have been screened for asbestos;
Amendment 154 #
Motion for a resolution
Annex I – paragraph 1 – point 4 – point d a (new)
Annex I – paragraph 1 – point 4 – point d a (new)
(da) an indication of where work will be or has been performed (inside/outside) as well as the part of the building (floors, walls, ceilings, roofs) or infrastructure;
Amendment 159 #
Motion for a resolution
Annex II – paragraph 1 – point -1 b (new)
Annex II – paragraph 1 – point -1 b (new)
-1b. The following recital is inserted into the amending directive: ‘(XX) The provisions of this Directive apply to all activities in which workers are or may be exposed to asbestos dust. There is a need to develop sector specific responses to protect workers from exposure to asbestos dust, including but not limited to activities in the renovation and demolition sector, waste management, mining and firefighting.’
Amendment 161 #
Motion for a resolution
Annex II – paragraph 1 – point 2 – point b – paragraph 2 – point j a (new)
Annex II – paragraph 1 – point 2 – point b – paragraph 2 – point j a (new)
(ja) a strategy for waste disposal, including destination of asbestos- containing waste.
Amendment 162 #
Motion for a resolution
Annex II – paragraph 1 – point 2 – point b a (new)
Annex II – paragraph 1 – point 2 – point b a (new)
(ba) paragraph 6 is inserted: ‘Notifications shall be stored by the responsible authority of the Member State in accordance with national laws and/or practice for a minimum period of 40 years.’
Amendment 165 #
Motion for a resolution
Annex II – paragraph 1 – point 5 – point d a (new)
Annex II – paragraph 1 – point 5 – point d a (new)
Amendment 166 #
Motion for a resolution
Annex II – paragraph 1 – point 7 – paragraph 1
Annex II – paragraph 1 – point 7 – paragraph 1
1. Where the limit value laid down in Article 8 is exceeded or there is reason to believe asbestos-containing materials have been disturbed so as to generate dust, work must stop immediately. The reasons for the limit being exceeded must be identified and appropriate measures to remedy the situation must be taken as soon as possible.
Amendment 167 #
Motion for a resolution
Annex II – paragraph 1 – point 8 – paragraph 1
Annex II – paragraph 1 – point 8 – paragraph 1
Before beginning demolition or maintenance work, or renovation works on premises built before 2005 or equivalent national asbestos bans, the premise must be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening must be conducted by a qualified and certified operator, taking into account Articles 14 and 15 of this Directive, and the national building law provisions.
Amendment 171 #
Motion for a resolution
Annex II – paragraph 1 – point 9 a (new)
Annex II – paragraph 1 – point 9 a (new)
Amendment 172 #
Motion for a resolution
Annex II – paragraph 1 – point 9 b (new)
Annex II – paragraph 1 – point 9 b (new)
9b. In Article 12, point (ca) is inserted: ‘(ca) a measurement of asbestos fibre concentration in the air shall be carried out after the above activities are finalised to ensure workers can safely re-enter the workplace.’
Amendment 174 #
Motion for a resolution
Annex II – paragraph 1 – point 12 – paragraph 3
Annex II – paragraph 1 – point 12 – paragraph 3
3. Member States shall establish public registers of the undertakings authorised to remove asbestos under paragraph 1.
Amendment 176 #
Motion for a resolution
Annex II – paragraph 1 – point 15 a (new)
Annex II – paragraph 1 – point 15 a (new)
Amendment 182 #
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 3
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 3
3. The training shall be provided by a qualified and certified institution and instructor, in accordance with national law; certification of training providers shall be carried out by a Member State authority or recognised competent body in accordance with national laws and/or practices;
Amendment 184 #
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 4 – point c a (new)
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 4 – point c a (new)
(ca) the language of the training;
Amendment 194 #
Motion for a resolution
Annex III – paragraph 1 – point 3
Annex III – paragraph 1 – point 3
(3) the establishment of national ombudspersons or independent advice services to assist victims of occupational diseases in recognition procedures as well as increasing support for and exchange of best practices with, inter alia, trade unions and victim support groups with regard to recognition procedures;
Amendment 195 #
Motion for a resolution
Annex III – paragraph 1 – point 4
Annex III – paragraph 1 – point 4
(4) a revision of the burden of proof for the recognition of occupational diseases or at least its effective simplification, for example by providing that where asbestos exposure in the workplace can be reasonably established, a link between exposure and subsequent symptoms can be presumed;
Amendment 204 #
Motion for a resolution
Annex V – paragraph 1 – point 4
Annex V – paragraph 1 – point 4
(4) the asbestos certificates shall contain the result of the screening, including a list of the types of asbestos containing materials found, their exact location, and a concept for the safe removal, and information on potential areas of the building that have not been possible to screen;