BETA

27 Amendments of Karima DELLI related to 2017/0004(COD)

Draft legislative resolution
Recital -1 (new)

(-1) The co-legislators set an obligation on the Commission to assess, no later than in the first quarter of 2019 and taking into account latest developments in scientific knowledge, the option of amending the scope of this directive 2004/37/EC to include reprotoxic substances; and on that basis, to present, if appropriate, and after consulting management and labour, a legislative proposal.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 1

(1) Directive 2004/37/EC aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values, on the basis of the available scientific and technical data. Binding occupational exposure limits should be set at the lowest level in force in at least one Member State. The number of substances and the corresponding binding occupational exposure limits should be regularly updated in order to achieve the best achievable workers' protection throughout the internal market.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 1 a (new)

(1a) Workers' occupational exposure to certain carcinogen, mutagen or reprotoxic substances comes in addition and in combination with their exposure as part of the general population.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 1 b (new)

(1b) Compliance with the limit values is without prejudice to other obligations on employers pursuant to this Directive aiming at reducing the level of workers' cumulative exposure. For substances where no safe exposure level exists, those measures should in particular include replacement of processes that lead to exposure to toxic substances by safer alternative industrial processes, thereby fostering innovation.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 3

(3) The Scientific Committee on Occupational Exposure Limits (‘the Committee’)55 assists the Commission, in particular, in evaluating the latest available scientific data and in proposing occupational exposure limit values for the protection of workers from chemical risks, to be set at Union level pursuant to Council Directive 98/24/EC56 and Directive 2004/37/EC. Other sources of scientific information, adequately robust and in the public domain, particularly the International Agency for Research on Cancer, the World Health Organisation and national agencies, were also considered. __________________ 55 Commission Decision 2014/113/EU of 3 March 2014 on setting up a Scientific Committee on Occupational Exposure Limits for Chemical Agents and repealing Decision 95/320/EC (OJ L 62, 4.3.2014, p. 18). 56 Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 05.05.1998, p. 11).

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 4

(4) In accordance with the recommendations of the Committee and of any other up to date public and robust source of scientific information, where available, skin notations and/or limit values for the inhalation route of exposure are established in relation to a reference period of eight-hours time-weighted average (long-term exposure limit values) and, for certain carcinogens or mutagens, to shorter reference periods, in general fifteen minutes time-weighted average (short-term exposure limit values), to take account of the effects arising from short-term exposure.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 4 a (new)

(4a) The overarching goal of protecting the health of foetuses and future generations implies setting up specific measures for women of childbearing potential. These measures should range from specific up to date scientific information and guidance documents to employers and workers to temporary prevention of exposure to a number of substances, where appropriate.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 5 a (new)

(5a) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions. Diesel engine exhaust has been classified by the International Agency for Research on Cancer as carcinogenic (Group 1) to humans in 2012, based on sufficient evidence that exposure is associated with an increased risk for lung cancer. 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. Diesel engine exhaust emissions are process-generated and consequently they are not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council. On the basis of available information, including scientific and technical data, a limit value for diesel engine exhaust emissions should be established. It is therefore appropriate to include work involving exposure to diesel engine exhaust emissions in Annex I 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 to that Directive should cover fumes from all types of diesel engine and are thus irrespective of whether the exhaust emissions are from old or new diesel engines. Elemental carbon is known as the relevant marker of exposure to diesel engine exhaust emissions.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 6

(6) Certain polycyclic aromatic hydrocarbons (PAHs) mixtures, particularly those containing benzo[a]pyrene, meet the criteria for classification as carcinogenic (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008 and therefore are carcinogens as defined in Directive 2004/37/EC. ~~The Committee identified the possibility of significant uptake through the skin for these mixtures. It is therefore appropriate~~Exposure to such mixtures may occur during work involving burning processes, such as from combustion engine exhaust, and high temperature combustion processes, among others. The existing entry 2 in Annex I to that Directive should therefore be extended to also cover other occupational exposure situations during which workers are exposed to these substances and their mixtures. In addition, on the basis of available information, including scientific and technical data, it is appropriate to establish a limit value for PAHs mixtures with benzo[a]pyrene as indicator in part A and to set out a skin notation in Part B of Annex III to that Directive ~~2004/37/EC~~ indicating the possibility of significant dermal uptake.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 10 a (new)

(10a) The Member States Committee at the European Chemicals Agency unanimously agreed 1a on the identification of Bisphenol A as a substance of very high concern because of its endocrine disrupting properties which cause probable serious effects to human health which give rise to an equivalent level of concern to carcinogenic, mutagenic, toxic to reproduction (CMRs category 1A or 1B) substances. __________________ 1a https://echa.europa.eu/de/-/msc- unanimously-agrees-that-bisphenol-a-is- an-endocrine-disruptor

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 11 a (new)

(11a) In assessing the option of amending the scope of Directive 2004/37/EC to include reprotoxic substances, the Commission should critically assess the delay with which public action has been so far undertaken to effectively protect future generations. The examples of substances such as N- Methyl-2-Pyrrolidone (NMP), N,N- dimethylacetamide (DMAC) and N,N- dimethylformamide (DMF) that have been classified as reprotoxic (group 1B) by the European Chemicals Agency should be included in this assessment.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 15

(15) The limit values established in this Directive will be kept under review in the light of the implementation of Regulation (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 (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC58 and of the opinions of the ECHA Risk Assessment Committee (RAC) and Socio-economic Analysis Committee (SEAC), in particular to take account of the interaction between limit values established in Directive 2004/37/EC and dose-response relations~~, actual exposure information,~~ where such relations exist, information on actual cumulative and combined exposure, lowest technically achievable detection levels and, where available, DNELs (Derived No Effect Levels) derived for hazardous chemicals in accordance with that Regulation. __________________ 58 OJ L 396, 30.12.2006, p. 1.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 16

(16) 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 and mutagens, cannot be sufficiently achieved by the Member States, but can be better achieved at Union level, the Union may adopt measures, in accordance with the precautionary principle as set out in Article 191 TFEU, 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.

2017/12/21
Committee: EMPL

Proposal for a directive
Recital 19 a (new)

(19a) Member States should apply effective, proportionate and dissuasive sanctions for cases of non-compliance with this Directive and should communicate to the Commission the measures taken in accordance with national law and practice to ensure that their competent authorities have a sufficient number of trained staff and other resources necessary to carry out their tasks related to proper and effective implementation of this Directive. This information shall be part of the implementation reports submitted by Member States every five years pursuant to Article 17a of Council Directive 89/391/EEC.

2017/12/21
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 2004/37/EC
Article 19 a (new)

(-1) After Article 19, a new Article 19a is added: “Article 19a Reporting mechanisms 1. Member States shall ensure that competent authorities have effective mechanisms to enable reporting of actual or potential infringements of this Directive. 2. The mechanisms referred to in paragraph 1 shall include at least: (a) procedures for the receipt of reports of infringements and their follow- up; (b) appropriate protection for persons reporting an infringement against retaliation, discrimination or other types of unfair treatment; and (c) protection of personal data of the person reporting an infringement in accordance with Union and national law.”.

2017/12/21
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)

Directive 2004/37/EC
Annex I – point 5 b (new)

(1a) In Annex I the following point is added: “5b. Work involving exposure to diesel engine exhaust emissions”

2017/12/21
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 1 b(new)

Directive 2004/37/EC
Annex I – point 5 c (new)

(1b) In Annex I, the following point is added: “5c. Work involving exposure to Bisphenol A.”

2017/12/21
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 1 c (new)

Directive 2004/37/EC
Annex I – point 5 d (new)

(1c) In Annex I, the following point is added: “5d. Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot, coal tar or coal pitch and work involving exposure to carcinogenic polycyclic aromatic hydrocarbons, in particular in any burning process, such as from combustion engine exhaust, and high temperature combustion processes, among others.”.

2017/12/21
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 1 d (new)

Directive 2004/37/EC
Annex I – point 5 e (new)

(1d) In Annex I, the following point is added: “5e. Work involving exposure to carcinogenic or mutagenic substances resulting from the preparation, administration or disposal of hazardous drugs, including cytotoxic drugs, and work involving exposure to carcinogenic or mutagenic substances in cleaning, transport, laundry and waste disposal of hazardous drugs or materials contaminated by hazardous drugs and in personal care for patients under treatment of hazardous drugs.”.

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 a (new)

~~7 201-~~79- 201-167- Tricholoroet ~~5 1 164, 3 9 167-4 hylene~~ hyl 3,3 4,0,6 0 _ 13,2 1 ,8 _ 0 - 1-6 4 ~~7 0 1 - 6~~ene

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 c (new)

106- 203- Epichlorohyd 1,9 - - - - - 89-8 439- rine 8

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 d (new)

106- 203- Ethylene 0,80 0,1 ~~93-4~~ - ~~444-5~~ - ~~dibromid~~ - - 93-4 444-5 dibromide e 02

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 e

107- 203- Ethylene ~~8,2 2~~4,0 1 - - - - 06-2 458-1 dichloride

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 f (new)

50- 200-001-8 Formalde 0,369 0,3 _ 0,738 0,6 _ 00-0 hyde

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 g (new)

- - Polycyclic 0,000071 - - - - - a aromatic hydrocarbons mixtures containing benzo[a]pyren e which are carcinogens within the meaning of the Directive _________________ _ 1a benzo[a]pyrene as a marker of total PAH concentration.

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 h (new)

- - Diesel engine 0,000011 - - - - - 1a exhaust emissions __________________ 1a measured as elemental carbon

2017/12/21
Committee: EMPL

Proposal for a directive
Annex I – paragraph 1

Directive 2004/37/EC
Annex III – Part A – row 14 i (new)

- - Bisphenol A Detect - - - - - ion level

2017/12/21
Committee: EMPL