Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | EMPL | ||
Opinion | ENVI | ||
Opinion | JURI |
Legal Basis TFEU 153-p1, TFEU 153-p2
Activites
-
2018/04/16
Committee referral announced in Parliament, 1st reading/single reading
- 2018/04/05 Legislative proposal published
Documents
- Legislative proposal published: COM(2018)0171
Amendments | Dossier |
54 |
2018/0081(COD)
2018/09/06
ENVI
28 amendments...
Amendment 1 #
Proposal for a directive Recital 1 (1) Principle 10 of the European Pillar of Social Rights43, proclaimed at Gothenburg on 17 November 2017, provides that every worker has the right to healthy, safe and well-adapted work environment. The right to a high level of protection of the health and safety at work, as well as to a working environment adapted to the professional needs of workers and which enables them to prolong their participation in the labour market in
Amendment 10 #
Proposal for a directive Recital 12 (12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of
Amendment 11 #
Proposal for a directive Recital 12 (12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of
Amendment 12 #
Proposal for a directive Recital 12 (12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of seven years should therefore be introduced during which the limit value 0,004 mg/m3 should apply
Amendment 13 #
Proposal for a directive Recital 13 (13) Beryllium and most inorganic beryllium compounds meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and (category 1) as designated by the International Agency for Research on Cancer, and are therefore carcinogens within the meaning of Directive 2004/37/EC. In addition to carcinogenic properties beryllium is known to provoke chronic beryllium disease (CBD) and beryllium sensitisation (BeS). It is possible, on the basis of the available information, including scientific and technical data, to set a limit value for that group of carcinogens. It is therefore appropriate to establish a limit value for beryllium and inorganic beryllium compounds under the scope of Directive2004/37/EC and to assign a notation for skin and respiratory sensitisation.
Amendment 14 #
Proposal for a directive Recital 14 (14) With regard to beryllium, a limit value of 0,0002 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of five years should therefore be introduced during which the limit value of 0,0006 mg/m3should apply
Amendment 15 #
Proposal for a directive Recital 17 (17) Formaldehyde meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and is therefore a carcinogen within the meaning of Directive 2004/37/EC. It is a local acting genotoxic carcinogen.
Amendment 16 #
Proposal for a directive Recital 17 a (new) (17a) Formaldehyde is routinely used in European healthcare centres for the standardised fixation of tissue samples; a pathologist’s diagnosis of a variety of diseases, including cancer, is based on the recognition of microscopic traces in tissue fixed in formaldehyde.
Amendment 17 #
Proposal for a directive Recital 17 b (new) (17b) Until such time as other fixatives are available in the EU that are able to perform the crucial role that formaldehyde plays in patient care, the healthcare sector should be exempt from any restrictions on formaldehyde use that could give rise to multiple errors in diagnosis, putting countless European patients at risk.
Amendment 18 #
Proposal for a directive Recital 17 c (new) (17c) Healthcare centres in the EU should take all appropriate measures to keep formaldehyde exposure among their staff within safe limits.
Amendment 19 #
Proposal for a directive Recital 21 (21) The limit values set out in this Directive are to be kept under review to ensure consistency with Regulation (EC) No 1907/2006 of the European Parliament and of the Council50 , in particular to take account of the interaction between limit values set out under Directive 2004/37/EC and derived no effect levels for hazardous chemicals under that Regulation in order to protect workers effectively. Systematic, regular and documented revisions must be implemented on the limit values of existing agents. __________________ 50 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the
Amendment 2 #
Proposal for a directive Recital 2 (2) Directive 2004/37/EC of the European Parliament and of the Council44 aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace.
Amendment 20 #
Proposal for a directive Recital 22 Amendment 21 #
Proposal for a directive Recital 23 (23) In implementing this Directive, while bearing in mind at all times that worker safety is paramount, Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments.
Amendment 22 #
Proposal for a directive Recital 23 (23) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act
Amendment 23 #
Proposal for a directive Recital 23 (23) In implementing this Directive, Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings and healthcare facilities. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected
Amendment 24 #
Proposal for a directive Recital 23 (23) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden, and to publish the results of such assessments. Public health must nevertheless take priority over other considerations, in particular financial considerations, in the assessment of the constraints imposed on undertakings by national rules on exposure to carcinogens and mutagens.
Amendment 25 #
Proposal for a directive Annex – paragraph 1 – table – column 11 – row 2 Transitional measures 0,004 mg/m3 until xx yyyy 202z [
Amendment 26 #
Proposal for a directive Annex – paragraph 1 - table – column 4 – row 4 mg/m3 0,01 (inhalable fraction)
Amendment 28 #
Proposal for a directive Annex – paragraph 1 - table Amendment 3 #
Proposal for a directive Recital 3 (3) Occupational exposure limit values are part of risk management under Directive 2004/37/EC. Compliance with those limit values is without prejudice to
Amendment 4 #
Proposal for a directive Recital 3 (3) Occupational exposure limit values are part of risk management under Directive 2004/37/EC. Compliance with those limit values is without prejudice to other obligations of employers 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
Amendment 5 #
Proposal for a directive Recital 4 (4) For most carcinogens and mutagens, it is not scientifically possible to identify levels below which exposure would not lead to adverse effects. Therefore, actions to phase down, as soon as possible, all relevant agents classified under categories 1A and 1B in accordance with Regulation (EC) 1272/2008, is necessary. While setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to Directive 2004/37/EC does not completely eliminate risks to the health and safety of workers arising from exposure at work (residual risk), it nonetheless contributes to a significant reduction of risks arising from such exposure in the stepwise and goal- setting approach pursuant to Directive 2004/37/EC. For other carcinogens and mutagens, it may be scientifically possible to identify levels below which exposure is not expected to lead to adverse effects.
Amendment 6 #
Proposal for a directive Recital 4 (4) For most carcinogens and mutagens, it is not scientifically possible to identify levels below which exposure would not lead to adverse effects. While setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to Directive 2004/37/EC does not completely eliminate risks to the health and safety of workers arising from exposure at work (residual risk), it nonetheless contributes to a significant reduction of risks arising from such exposure in the stepwise and goal-setting approach pursuant to Directive 2004/37/EC. For other carcinogens and mutagens, it may be scientifically possible to identify levels below which exposure is not expected to lead to adverse effects. Scientific research to determine the exact value of these limits should be encouraged.
Amendment 7 #
Proposal for a directive Recital 6 (6) This Directive strengthens the protection of workers’ health and safety at
Amendment 8 #
Proposal for a directive Recital 6 (6) This Directive strengthens the protection of workers’ health and safety at their workplace. New limit values should be set out in Directive 2004/37/EC in the light of available information, including new scientific and technical data and evidence-based best practices, techniques and protocols for exposure level measurement at the workplace. That information should, if possible, include data on residual risks to the health of workers, recommendations of the Scientific Committee on Occupational Exposure
Amendment 9 #
Proposal for a directive Recital 8 (8) The assessment of health effects of carcinogens subject to this proposal was based on the relevant scientific expertise from the SCOEL
source: 627.037
2018/09/11
JURI
26 amendments...
Amendment 13 #
Proposal for a directive Recital 1 (1)
Amendment 14 #
Proposal for a directive Recital 1 a (new) (1a) In order to achieve a European social triple A, the EU is seeking to ensure the effective prevention of serious workplace accidents and occupational diseases and improve the health of workers throughout their entire working life. Measures to achieve these objectives will ensure compliance with the provisions of the Charter of Fundamental Rights of the European Union, in particular those regarding the right to life and the right to fair and just working conditions, while at the same time improving productivity and competitiveness at EU level.
Amendment 15 #
Proposal for a directive Recital 2 (2) Directive 2004/37/EC of the European Parliament and of the Council
Amendment 16 #
Proposal for a directive Recital 3 a (new) (3a) Limit values will be verified and, as appropriate, updated periodically in line with the latest scientific studies.
Amendment 17 #
Proposal for a directive Recital 4 (4) For most carcinogens and mutagens, it is not scientifically possible to identify levels below which exposure would not lead to adverse effects. While setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to Directive 2004/37/EC does not completely eliminate risks to the health and safety of workers arising from exposure at work (residual risk), it nonetheless contributes to a significant reduction of risks arising from such exposure in the stepwise and goal-setting approach pursuant to Directive 2004/37/EC. For other carcinogens and mutagens, it may be scientifically possible to identify levels below which exposure is not expected to lead to adverse effects. For this purpose it is necessary to engage in further research to determine with the input of the scientific community, such levels with utmost urgency.
Amendment 18 #
Proposal for a directive Recital 4 (4) For most carcinogens and mutagens, it is not scientifically possible to identify levels below which exposure would not lead to adverse effects. While setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to Directive 2004/37/EC does not completely eliminate risks to the health and safety of workers arising from exposure at
Amendment 19 #
Proposal for a directive Recital 6 (6) Th
Amendment 20 #
Proposal for a directive Recital 7 (7) It is also necessary, in the light of scientific data, to consider other absorption pathways than inhalation of all carcinogens and mutagens, including observations regarding the possibility of uptake through the skin
Amendment 21 #
Proposal for a directive Recital 9 a (new) (9a) It is anticipated that setting EU limits for exposure to carcinogens and mutagens at the workplace will contribute effectively to the prevention of significant health problems and cancer and, in addition, improve the quality of life and well-being of workers and those in their immediate circle, prolonging working life, leading to increased productivity and competitiveness in the EU and helping to ensure a level playing field for businesses in the EU.
Amendment 22 #
Proposal for a directive Recital 12 (12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of
Amendment 23 #
Proposal for a directive Recital 12 (12) With regard to cadmium, a limit value of 0,001 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of
Amendment 24 #
Proposal for a directive Recital 14 (14) With regard to beryllium, a limit value of 0,0002 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of f
Amendment 25 #
Proposal for a directive Recital 14 (14) With regard to beryllium, a limit value of 0,0002 mg/m3 may be difficult to be complied with in some sectors in the short term. A transitional period of
Amendment 26 #
Proposal for a directive Recital 18 a (new) (18a) 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.
Amendment 27 #
Proposal for a directive Recital 18 b (new) (18b) Certain polycyclic aromatic hydrocarbons (PAHs) mixtures meet the criteria for classification as carcinogenic in accordance with Regulation (EC) No 1272/2008 and therefore are carcinogens as defined in Directive 2004/37/EC. 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.
Amendment 28 #
Proposal for a directive Recital 20 a (new) (20a) Similarly, a long-term assessment of the added value of implementing this directive indicates that it will improve working conditions for over 1 000 000 workers in the EU and prevent more than 22 000 occupational illnesses.
Amendment 29 #
Proposal for a directive Recital 21 (21) The limit values set out in this Directive are to be verified and kept under periodic review to ensure consistency with Regulation (EC) No 1907/2006 of the European Parliament and of the Council50, in particular to take account of the interaction between limit values set out under Directive 2004/37/EC and derived no effect levels for hazardous chemicals under that Regulation in order to protect workers effectively. __________________ 50 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/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 30 #
Proposal for a directive Recital 21 a (new) (21a) Compliance with the transitional periods laid down in this Directive allows for the adoption of appropriate measures to anticipate any new developments and plan investments so as to avoid any adverse effects for businesses or workers. In the case of SMEs, for example, transitional periods regarding certain substances will help them address any specific technical challenges and plan investments sufficiently well in advance.
Amendment 31 #
Proposal for a directive Annex – paragraph -1 (new) Directive 2004/37/EC Annex I – point 5 a (new) In Annex I of Directive 2004/37/EC the following point is added: “5a. Work involving exposure to diesel engine exhaust emissions”
Amendment 32 #
Proposal for a directive Annex – paragraph -1 a (new) Directive 2004/37/EC Annex I – point 5 b (new) In Annex I of Directive 2004/37/EC, the following point is added: “5b. 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.”
Amendment 33 #
Proposal for a directive Annex – paragraph 1 Directive 2004/37/EC Annex III – point A – table – column “Transitional measures” – row 1 Limit value 0,004 mg/m3 until xx yyyy 202z [
Amendment 34 #
Proposal for a directive Annex – paragraph 1 Directive 2004/37/EC Annex III – point A – table – column “Transitional measures” – row 2 Limit value 0,0006 mg/m3 until xx yyyy
Amendment 35 #
Proposal for a directive Annex – paragraph 1 Directive 2004/37/EC Annex III – point A – table – column “Name of agent” – row 5 a (new) Polycyclic aromatic hydrocarbons mixtures containing benzo[a]pyrene which are carcinogens within the meaning of the Directive
Amendment 36 #
Proposal for a directive Annex – paragraph 1 Directive 2004/37/EC Annex III – point A – table – column “Limit values” – column “8 hours” – column “mg/m3” – row 5 a (new) 0,0000710a ________________ 10a benzo[a]pyrene as a marker of total PAH concentration
Amendment 37 #
Proposal for a directive Annex – paragraph 1 Directive 2004/37/EC Annex III – point A – table – column “Name of agent” – row 5 b (new) Diesel engine exhaust emissions
Amendment 38 #
Proposal for a directive Annex – paragraph 1 Directive 2004/37/EC Annex III – point A – table – column “Limit values” – column “8 hours” – column “mg/m3” – row 5 b (new) 0,00001110b ________________ 10b measured as elemental carbon
source: 627.671
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History
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