Activities of Emmanuel MAUREL related to 2020/0262(COD)
Shadow opinions (1)
OPINION 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
Amendments (9)
Amendment 7 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC of the European Parliament and the Council45 aims to protect workers against risks to their health and safety from exposure to carcinogens or, mutagens or reprotoxic substances at the workplace. A consistent level of protection from the risks related to the occupational exposure to carcinogens and mutagen, mutagens or reprotoxic substances is provided for in that Directive by a framework of general principles to enable Member States to ensure the consistent application of minimum requirements. The aim of these minimum requirements is to protect workers at Union level. More stringent provisions can be set by Member States. These minimum requirements should be established in consultation with the economic and social stakeholders concerned and be based on proportionate and technically feasible values and procedures, in the best interest of the health and safety of workers. _________________ 45 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 13 #
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 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 or eliminate the level of workers’ exposure. Research programmes in this area, notably on the risks to workers’ health, could be funded under future national and European recovery plans.
Amendment 16 #
Proposal for a directive
Recital 7
Recital 7
(7) It is also necessary to consider other absorption pathways than inhalation of all carcinogens and mutagens, including the possibility of uptake through the skin, transdermally or through the mucous membranes, in order to ensure the best possible level of protection.
Amendment 18 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Workers may be exposed to a cocktail of dangerous substances, which can increase the risks to their health. In the event of combined exposure to dangerous substances, the rules would need to be adapted and the limit values lowered in order to take account of the combined effects.
Amendment 23 #
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 revised in the light of more recent scientific data by 1 January 2030 at the latest, in accordance with the opinion of the ACSH, 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 26 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Cobalt and cobalt compounds meet the criteria for classification as carcinogenic (category 1B) 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 available information, including scientific and technical data, to set limit values. Exposure to cobalt and cobalt compounds at workplaces may result in dermal sensitisation and sensitisation of the respiratory tract. It would therefore be worth setting two limit values for the inhalable and respirable fractions of cobalt and its compounds in the context of Directive 2004/37/EC.
Amendment 27 #
Proposal for a directive
Recital 16
Recital 16
(16) The limit values established in this Directive are to be kept under regular scrutiny and reviewstrictly reviewed every five years at least and on the basis of advances in knowledge and technologies to ensure 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.
Amendment 30 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Compliance with the transitional periods provided for in this Directive will guarantee the possibility of taking appropriate measures to anticipate the changes and investment planning required, averting negative repercussions for companies and workers. In the case of SMEs and microenterprises, for example, transitional periods for certain substances will help them address specific technical challenges and plan investments sufficiently well in advance.
Amendment 31 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) As the measures provided for in this Directive are, in any case, minimum requirements, this Directive does not deprive Member States of the right to introduce more protective provisions.