42 Amendments of Karima DELLI related to 2016/0130(COD)
Amendment 29 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The scope of Directive 2004/37/EC should include carcinogenic, mutagenic and reprotoxic substances (CMRs), as well as diesel engine exhaust.
Amendment 30 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2004/37/EC aims to protect workers against risks to their health and safety from exposure to carcinogens or, mutagens and reprotoxic substances at the workplace and lays down minimum requirements to that effect including limit values, on the basis of the available scientific and technical data.
Amendment 49 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions. On the basis of available information, including scientific and technical data, a limit value for diesel engine exhaust emissions should be established. Diesel engine exhaust emissions generated by a work process are not subject to classification in accordance with Regulation (EC) No 1272/2008. It is therefore appropriate to include work involving exposure to diesel engine exhaust emissions generated by a work process in Annex I to Directive 2004/37/EC and to establish a limit value for diesel engine exhaust emissions.
Amendment 61 #
Proposal for a directive
Recital 3
Recital 3
(3) For some carcinogens and mutagen, mutagens and reprotoxic substances it is necessary to consider other absorption pathways, including the possibility of penetration through the skin, in order to ensure the best possible level of protection.
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2004/37/EC
Annex I – point 6 a (new)
Annex I – point 6 a (new)
6a. Work involving exposure to diesel engine exhaust emissions (irrespective of diesel engine types).
Amendment 75 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions from old diesel engines. New diesel engine technology has changed the quality and quantity of diesel emissions and the associated cancer risks have been reduced but not eliminated. Due to the long transition time to switch from old to new diesel technology, a concomitant exposure to exhaust emissions from old and new diesel engines is expected to occur at work for the many years to come. On the basis of available information, including scientific and technical data, a limit value for diesel engine exhaust emissions irrespective of diesel engine types should be established. Diesel engine exhaust emissions are not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council. It is therefore appropriate to include work involving exposure to diesel engine exhaust emissions in Annex I to Directive 2004/37/EC and to establish a limit value for diesel engine exhaust emissions in Annex III to Directive 2004/37/EC. The entries in Annex I and Annex III should cover all types of diesel engine.
Amendment 93 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – part A – row 14a (new)
Annex III – part A – row 14a (new)
Diesel engine 0,1(9a) (1:x[x to be exhaust provided by the emissions Commission (irrespective of before publication, diesel engine [date of entry into types) force of this Directive] 9a to be measured as respirable elemental carbon
Amendment 117 #
Proposal for a directive
Recital 22
Recital 22
(22) Since the objectives of this Directive, which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens, mutagens and reprotoxic substances cannot be sufficiently achieved by the Member States, but can be better achieved at EU level, the EU may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5(3) of the Treaty on European Union. In accordance with the principle of proportionality, as set out in Article 5(4) of the TEU, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 120 #
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2004/37/EC
Title
Title
-1. The title is replaced by the following: “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 or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)”
Amendment 123 #
Proposal for a directive
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 2004/37/EC
Article 2 – paragraph l – point b a (new)
Article 2 – paragraph l – point b a (new)
Amendment 124 #
Proposal for a directive
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 2004/37/EC
Article 2 – paragraph l – point c
Article 2 – paragraph l – point c
(-1b) In article 2, point c is replaced by the following: (c) ‘'limit value’' means, unless otherwise specified, the limit of the time- weighted average of the concentration for a ‘'carcinogen or mutagen’mutagen or reprotoxic substance' in the air within the breathing zone of a worker in relation to a specified reference period as set out in Annex III to this Directive.
Amendment 126 #
Proposal for a directive
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 2004/37/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(-1c) In article 3, paragraph 1 is replaced by the following: 1. This Directive shall apply to activities in which workers are or are likely to be exposed to carcinogens or mutagen, mutagens or reprotoxic substances as a result of their work.
Amendment 127 #
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2004/37/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
(-1d) In article 3, paragraph 2 is replaced by the following: 2. In the case of any activity likely to involve a risk of exposure to carcinogens or mutagen, mutagens or reprotoxic substances, the nature, degree and duration of workers' exposure shall be determined in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken. The assessment shall be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to carcinogens or mutagen, mutagens or reprotoxic substances. The employer shall supply the authorities responsible at their request with the information used for making the assessment.
Amendment 128 #
Proposal for a directive
Article 1 – point -1 e (new)
Article 1 – point -1 e (new)
(-1e) In article 3, paragraph 4 is replaced by the following: 4. When the risk assessment is carried out, employers shall give particular attention to any effects concerning the health or safety of workers at particular risk and shall, inter alia, take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens or mutagen, mutagens or reprotoxic substances.
Amendment 129 #
Proposal for a directive
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 2004/37/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
(-1f) In article 4, paragraph 1 is replaced by the following: 1. The employer shall reduce the use of a carcinogen or, mutagen or reprotoxic substance at the place of work, in particular by replacing it, in so far as is technically possible, by a substance, preparationmixture or process which, under its conditions of use, is not dangerous or is less dangerous to workers' health or safety, as the case may be.
Amendment 130 #
Proposal for a directive
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 2004/37/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
(-1g) In article 5, paragraph 2 is replaced by the following: 2. Where it is not technically possible to replace the carcinogen or, mutagen or reprotoxic substance by a substance, preparationmixture or process which, under its conditions of use, is not dangerous or is less dangerous to health or safety, the employer shall ensure that the carcinogen or, mutagen or reprotoxic substance is, in so far as is technically possible, manufactured and used in a closed system.
Amendment 131 #
Proposal for a directive
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 2004/37/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
(-1h) In article 5, paragraph 4 is replaced by the following: 4. Exposure shall not exceed the limit value of a carcinogen, mutagen or reprotoxic substance as set out in Annex III.
Amendment 132 #
Proposal for a directive
Article 1 – point -1 i (new)
Article 1 – point -1 i (new)
Directive 2004/37/EC
Article 5 – paragraph 5
Article 5 – paragraph 5
(-1i) In article 5, paragraph 5 is replaced by the following: 5. Wherever a carcinogen or, mutagen or reprotoxic substance is used, the employer shall apply all the following measures: (a) limitation of the quantities of a carcinogen or, mutagen or reprotoxic substance at the place of work; (b) keeping as low as possible the number of workers exposed or likely to be exposed; (c) design of work processes and engineering control measures so as to avoid or minimise the release of carcinogens or, mutagens or reprotoxic substances into the place of work; (d) evacuation of carcinogens or mutagen, mutagens or reprotoxic substances at source, local extraction system or general ventilation, all such methods to be appropriate and compatible with the need to protect public health and the environment; (e) use of existing appropriate procedures for the measurement of carcinogens or, mutagens or reprotoxic substances, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident; (f) application of suitable working procedures and methods; (g) collective protection measures and/or, where exposure cannot be avoided by other means, individual protection measures; (h) hygiene measures, in particular regular cleaning of floors, walls and other surfaces; (i) information for workers; (j) demarcation of risk areas and use of adequate warning and safety signs including ‘'no smoking’' signs in areas where workers are exposed or likely to be exposed to carcinogens or mutagen, mutagens or reprotoxic substances; (k) drawing up plans to deal with emergencies likely to result in abnormally high exposure; (l) means for safe storage, handling and transportation, in particular by using sealed and clearly and visibly labelled containers; (m) means for safe collection, storage and disposal of waste by workers, including the use of sealed and clearly and visibly labelled containers.
Amendment 133 #
Proposal for a directive
Article 1 – point - 1 j (new)
Article 1 – point - 1 j (new)
Directive 2004/37/EC
Article 6 – introductory part
Article 6 – introductory part
(-1j) in Article 6 the first paragraph is replaced by the following: "Where the results of the assessment referred to in Article 3(2) reveal a risk to workers' health or safety, employers shall, when requestedevery other year, make available to the competent authority appropriate information on:
Amendment 134 #
Proposal for a directive
Article 1 – point - 1 k (new)
Article 1 – point - 1 k (new)
Directive 2004/37/EC
Article 6 – point a
Article 6 – point a
(-1k) in Article 6, point a is replaced by the following: (a) the activities and/or industrial processes carried out, including the reasons for which carcinogens or mutagen, mutagens or reprotoxic substances are used;
Amendment 135 #
Proposal for a directive
Article 1 – point - 1 l (new)
Article 1 – point - 1 l (new)
Directive 2004/37/EC
Article 6 – point b
Article 6 – point b
(-1l) in Article 6, point b is amended as follows: (b) the quantities of substances or preparationmixtures manufactured or used which contain carcinogens or mutagen, mutagens or reprotoxic substances;"
Amendment 136 #
Proposal for a directive
Article 1 – point -1 m (new)
Article 1 – point -1 m (new)
Directive 2004/37/EC
Article 6 a (new)
Article 6 a (new)
(-1m) The following article is added: “Article 6a Information for the Commission The Member States shall provide the Commission with the information referred to in Article 6 as part of the compulsory five year implementation report required by article 17a of Directive 89/391/EEC.”
Amendment 137 #
Proposal for a directive
Article 1 – point -1 n (new)
Article 1 – point -1 n (new)
Directive 2004/37/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
(-1n) In article 10, paragraph 1 is replaced by the following: 1. Employers shall be obliged, in the case of all activities for which there is a risk of contamination by carcinogens or, mutagens or reprotoxic substances, to take appropriate measures to ensure that: (a) workers do not eat, drink or smoke in working areas where there is a risk of contamination by carcinogens or mutagen, mutagens or reprotoxic substances; (b) workers are provided with appropriate protective clothing or other appropriate special clothing; (c) separate storage places are provided for working or protective clothing and for street clothes; (d) workers are provided with appropriate and adequate washing and toilet facilities; (e) protective equipment is properly stored in a well-defined place and is checked and cleaned if possible before, and in any case after, each use; (f) defective equipment is repaired or replaced before further use.
Amendment 138 #
Proposal for a directive
Article 1 – point -1 o (new)
Article 1 – point -1 o (new)
Directive 2004/37/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
(-1o) In article 11, paragraph 2 is replaced by the following: 2. Employers shall inform workers of installations and related containers containing carcinogens or, mutagens or reprotoxic substances, ensure that all containers, packages and installations containing carcinogens or mutagen, mutagens or reprotoxic substances are labelled clearly and legibly, and display clearly visible warning and hazard signs.
Amendment 139 #
Proposal for a directive
Article 1 – point -1 p (new)
Article 1 – point -1 p (new)
Directive 2004/37/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
(-1p) in Article 14, paragraph 3 is replaced by the following: 3. If a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens or mutagen, mutagens or reprotoxic substances, the doctor or authority responsible for the health surveillance of workers may require other workers who have been similarly exposed to undergo health surveillance. In that event, a reassessment of the risk of exposure shall be carried out in accordance with Article 3(2).
Amendment 140 #
Proposal for a directive
Article 1 – point -1 q (new)
Article 1 – point -1 q (new)
Directive 2004/37/EC
Article 14 – paragraph 8
Article 14 – paragraph 8
(-1q) Article 14, paragraph 8 is replaced by the following: 8. All cases of cancer identified in accordance with national laws and/or practice as resulting from occupational exposure to a carcinogen or, mutagen or reprotoxic substance shall be notified to the competent authority.
Amendment 141 #
Proposal for a directive
Article 1 – point -1 r (new)
Article 1 – point -1 r (new)
Directive 2004/37/EC
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
(-1r) In Article 15, the following paragraph is added: 2a. The Member States shall provide the Commission with the information referred to in Article 14(8) as part of the compulsory five year implementation report required by article 17a of Directive 89/391/EEC.
Amendment 142 #
Proposal for a directive
Article 1 – point -1 s (new)
Article 1 – point -1 s (new)
Directive 2004/37/EC
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 143 #
Proposal for a directive
Article 1 – point -1 t (new)
Article 1 – point -1 t (new)
Directive 2004/37/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(-1t) In article 17, paragraph 2 is replaced by the following: 2. Purely technical adjustments to Annex II in the light of technical progress, changes in international regulations or specifications and new findings in the field of carcinogens or mutagen, mutagens or reprotoxic substances shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.
Amendment 145 #
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2004/37/EC
Annex I – point 6 a (new)
Annex I – point 6 a (new)
6a. Work involving exposure to diesel engine exhaust emissions (irrespective of diesel engine types).
Amendment 157 #
Proposal for a directive
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Directive 2004/37/EC
Annex II – point 1
Annex II – point 1
(1b) In Annex II, point 1 is replaced by the following: 1. The doctor and/or authority responsible for the health surveillance of workers exposed to carcinogens or mutagen, mutagens or reprotoxic substances must be familiar with the exposure conditions or circumstances of each worker.
Amendment 158 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – heading – column 4-6
Annex III – Part A – heading – column 4-6
LIMIT VALUES(3) ______________ 3 Measured or calculated in relation to a reference period of eight hours (corresponding risk level, date) (3) ______________ 3 to be provided in the table by the Commission to OJ prior to the publication for each of the agents listed.
Amendment 160 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 3
Annex III – Part A – row 1 – column 3
Amendment 164 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 4
Annex III – Part A – row 1 – column 4
Amendment 172 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 2 – column 4
Annex III – Part A – row 2 – column 4
0,02501 (1:250, DATE (1a)) ______________ 1aOJ to insert date of adoption of this Directive
Amendment 175 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 3 – column 6
Annex III – Part A – row 3 – column 6
0,3 1 (1:250, DATE (1a)) ______________ 1aOJ to insert date of adoption of this Directive
Amendment 178 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 4 – column 4
Annex III – Part A – row 4 – column 4
0,1 (9) _________________ 905 (9) (1:x (9a), DATE(9b)) ________________ 9 Respirable fraction. Respirable fraction. 9ato be provided by the Commission to OJ in time for the publication 9bOJ to insert date of adoption of this Directive
Amendment 180 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 5 – column 4
Annex III – Part A – row 5 – column 4
Amendment 183 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 5 – column 5
Annex III – Part A – row 5 – column 5
Amendment 186 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 9 – column 4
Annex III – Part A – row 9 – column 4
0,103 (1:x (1a), DATE(1b)) ________________ 1ato be provided by the Commission to OJ in time for the publication 1bOJ to insert date of adoption of this Directive
Amendment 191 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 14 a – column 3
Annex III – Part A – row 14 a – column 3
Diesel engine exhaust emissions (irrespective of diesel engine types)
Amendment 192 #
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 14 a – column 4
Annex III – Part A – row 14 a – column 4
0,1 (1a) (1:x (1b), DATE(1c)) ________________ 1ato be measured as respirable elemental carbon 1bto be provided by the Commission to OJ in time for the publication 1cOJ to insert date of adoption of this Directive