2022/0298(COD) Protection of workers from asbestos
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL |
TRILLET-LENOIR Véronique ( Renew)
|
FRANSSEN Cindy ( EPP),
VIND Marianne ( S&D),
MATTHIEU Sara ( Verts/ALE),
LIZZI Elena ( ID),
KOPCIŃSKA Joanna ( ECR),
VILLUMSEN Nikolaj ( GUE/NGL)
|
| Committee Opinion | ENVI |
MESURE Marina ( GUE/NGL)
|
Joanna KOPCIŃSKA ( ECR),
Véronique TRILLET-LENOIR ( RE)
|
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Events
2023/11/30
Final act published in Official Journal
2023/11/22
CSL - Draft final act
Documents
2023/11/22
CSL - Final act signed
2023/10/23
EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/10/03
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 614 votes to 2, with 4 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission proposal as follows:
Notification of activities
The directive will apply to activities in which workers are exposed or likely to be exposed during their work to dust from asbestos or materials containing asbestos. These activities will be subject to a notification system managed by the responsible authority in the Member State .
The notification should include at least a brief description of:
- the location of the worksite and, where relevant, the specific areas where the work is to be carried out;
- the type and quantity of asbestos used or handled;
- the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement;
- the number of workers involved, a list of the workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health pursuant to Article 18;
- the starting date and duration of the work;
- measures taken, including an overview of the equipment used, to limit the exposure of workers to asbestos.
Occupational exposure limit (OEL)
The occupational exposure limit (OEL) will be reduced from 0.1 to 0.01 asbestos fibres per cubic centimetre (cm³) , measured in relation to an 8-hour time-weighted average (TWA), without a transition period.
After a maximum transition period of six years, Member States should switch to more modern and sensitive technology that can detect fibres, namely electron microscopy . They will then have the option to either decrease the level to 0.002 fibres of asbestos per cm³ excluding thin fibres, or to 0.01 fibres of asbestos per cm³ including thin fibres.
Protection of workers
Where the relevant limit value is exceeded, or if there is reason to believe that materials containing asbestos which are not identified prior to the work have been disturbed so as to generate dust, work should stop immediately . Work should not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. The reasons for the limit value being exceeded should be identified and appropriate measures to remedy the situation should be taken as soon as possible.
During periods of work which require the use of such equipment, provision should be made for regular breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and/or their representatives within the undertaking or establishment, in accordance with national law and practice.
For certain activities, such as demolition, asbestos removal, repair and maintenance work, where it is foreseeable that the relevant limit value will be exceeded, the employer should define the measures intended to ensure the protection of workers during these activities, including the following:
- workers must be issued with suitable personal protective equipment to be worn, which should be appropriately handled and, as regards respiratory equipment in particular, individually adjusted, including through fitting checks;
- the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action will be prevented, and for work performed under confinement, the enclosure will be airtight and under mechanical extraction ventilation;
- when the asbestos demolition or removal work has been completed, the absence of risks of exposure to asbestos at the place of work will be verified in accordance with national law and practice before other activities resume.
Training
Workers who are exposed, or are likely to be exposed, to dust from asbestos or materials containing asbestos will be required to undergo compulsory training meeting minimum requirements defined in a new annex. Each worker who has satisfactorily completed the training will receive a training certificate. The content of the training must be easily understood by the workers and must enable them to acquire the necessary knowledge and skills in the field of prevention and safety.
Register
Member States should keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that can be caused by exposure to asbestos is set out in Annex I. These include: asbestosis, mesothelioma, lung carcinoma, gastro-intestinal carcinoma, carcinoma of the larynx, carcinoma of the ovary, non-malignant pleural diseases.
Documents
2023/10/02
EP - Debate in Parliament
Documents
2023/09/07
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2023/05/10
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/05/08
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/04/28
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Employment and Social Affairs adopted the report by Véronique TRILLET-LENOIR (Renew Europe, FR) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Occupational exposure limit (OEL)
The report noted that taking into account the relevant scientific expertise and the need to increase the protection of workers at Union level, a revised OEL, equal to 0.001 fibres/cm3 as an 8-hour time-weighted average (TWA), should be established. That revised OEL should apply after a transitional period. Until four years after the date of entry into force of this Directive, a transitional OEL, equal to 0.01 fibres/cm³ as an 8-hour TWA, should apply. Such an approach is underpinned by a public health objective aiming at the necessary safe removal of asbestos and the need to take into account technical considerations with regard to monitoring compliance.
Removal techniques
The report stated that the safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing lead to the postponement of removal, which can perpetuate the risks to the workers and occupants of the buildings concerned for many years.
The encapsulation and sealing of asbestos-containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed.
In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Updated list of diseases
The report suggested updating the Annex to Directive 2009/148/EC related to the medical surveillance of workers in light of current knowledge on diseases that can be caused by asbestos exposure. When it is demonstrated that a disease is linked to occupational exposure to asbestos, the information should be used to feed statistical registers to ensure more complete epidemiological monitoring.
Current knowledge indicates that exposure to free asbestos fibres can give rise to at least the following diseases: lung carcinoma; carcinoma of the larynx; carcinoma of the ovary; non-malignant pleural diseases.
Training
Members included a new Annex on the minimum requirements for training. Workers who are, or who are likely to be, exposed to dust from asbestos or asbestos containing materials should receive mandatory training.
The training should be adapted as closely as possible to the characteristics of the profession.
Documents
2023/04/26
EP - Vote in committee, 1st reading
2023/04/26
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/03/22
EP - Committee opinion
Documents
2023/03/16
CofR - Committee of the Regions: opinion
Documents
2023/02/22
RO_CHAMBER - Contribution
Documents
2023/02/10
EP - Amendments tabled in committee
Documents
2023/01/31
CZ_SENATE - Contribution
Documents
2023/01/11
EP - Committee draft report
Documents
2022/12/14
ESC - Economic and Social Committee: opinion, report
Documents
2022/11/24
EP - MESURE Marina (GUE/NGL) appointed as rapporteur in ENVI
2022/11/10
EP - TRILLET-LENOIR Véronique (Renew) appointed as rapporteur in EMPL
2022/10/06
EP - Committee referral announced in Parliament, 1st reading
2022/09/29
EC - Document attached to the procedure
Documents
2022/09/29
EC - Document attached to the procedure
Documents
2022/09/29
EC - Document attached to the procedure
Documents
2022/09/29
EC - Document attached to the procedure
Documents
2022/09/29
EC - Legislative proposal published
Details
PURPOSE: to amend the Directive on asbestos at work, in particular as regards updating the limit value for asbestos in order to protect workers against risks to their health and safety which may result from exposure to asbestos at work.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: asbestos is an extremely hazardous carcinogen , which continues to impact on various economic sectors, such as construction and renovation, mining, waste management and fire-fighting, where workers face a high risk of exposure.
Occupational cancer is the leading cause of work-related death in the EU. It is mainly caused by exposure to carcinogens such as asbestos. Up to 78% of cancers recognised as work-related in the Member States are asbestos-related. It is estimated that between 4.1 and 7.3 million workers are currently exposed to asbestos.
The Asbestos at Work Directive 2009/148/EC protects workers against risks to their health arising or likely to arise from exposure to asbestos at work. Under the Asbestos at Work Directive, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm3 as an 8-hour time-weighted average (TWA).
The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordingly in all Member States.
This proposal delivers on the commitment made in Europe’s Beating Cancer Plan, the European Pillar of Social Rights Action Plan and the EU strategic framework on health and safety at work for 2021-2027 to further reduce workers’ exposure to asbestos, which is a highly dangerous carcinogenic substance.
Protecting workers from asbestos exposure is also a priority for the European Parliament. In its resolution of October 2021, the European Parliament outlined a comprehensive approach to tackling the legacy of asbestos-related problems.
CONTENT: the proposal provides for the amendment of the Asbestos at Work Directive , including the updating of the limit value for asbestos and other minor aspects related to the lowering of the current OEL.
Under the proposed Directive, employers should ensure that no worker is exposed to a higher airborne concentration of asbestos than 0.01 fibres/cm3 as an 8-hour TWA .
As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL.
Fibre counting will be carried out by phase-contrast microscope (PCM) in accordance with the method recommended in 1997 by the World Health Organization (WHO) or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy.
The proposal also clarifies the obligation of employers to reduce the exposure of workers to dust from asbestos or materials containing asbestos at the place of work to a minimum, with the precision that in any case it must be as low a level as is technically possible below the limit set by the proposal.
Lastly, the obligation of employers to take all necessary steps to identify presumed asbestos containing materials before beginning demolition or maintenance work by obtaining information from the owners of the premises, is extended to cover other relevant sources of information, such as relevant registers .
According to the Commission, this initiative should prevent cases of work-related cases of cancer, while mitigating certain effects, such as suffering of workers and their families, reduced quality of life or undermined well-being. It is estimated that 663 cases of cancer (lung cancer, mesothelioma, laryngeal cancer and ovarian cancer) could be prevented. The estimated monetised health benefit of the initiative is between EUR 166 and 323 million.
The revision of the ELV set in the Asbestos at Work Directive will result in a greater harmonisation of limit values across the EU, which should ensure a more level playing field for businesses.
Documents
Documents
- Final act published in Official Journal: Directive 2023/2668
- Final act published in Official Journal: OJ L 000 30.11.2023, p. 0000
- Draft final act: 00048/2023/LEX
- Decision by Parliament, 1st reading: T9-0332/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0160/2023
- Committee opinion: PE740.714
- Committee of the Regions: opinion: CDR5655/2022
- Contribution: COM(2022)0489
- Amendments tabled in committee: PE742.461
- Contribution: COM(2022)0489
- Committee draft report: PE738.719
- Economic and Social Committee: opinion, report: CES4829/2022
- Document attached to the procedure: SEC(2022)0342
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0310
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0311
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0312
- Legislative proposal published: COM(2022)0489
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2022)0342
- Document attached to the procedure: EUR-Lex SWD(2022)0310
- Document attached to the procedure: EUR-Lex SWD(2022)0311
- Document attached to the procedure: EUR-Lex SWD(2022)0312
- Economic and Social Committee: opinion, report: CES4829/2022
- Committee draft report: PE738.719
- Amendments tabled in committee: PE742.461
- Committee of the Regions: opinion: CDR5655/2022
- Committee opinion: PE740.714
- Draft final act: 00048/2023/LEX
- Contribution: COM(2022)0489
- Contribution: COM(2022)0489
Activities
- Dragoş PÎSLARU
Plenary Speeches (2)
- 2023/10/02 Protection of workers from asbestos (debate)
- 2023/10/02 Protection of workers from asbestos (debate)
- Rosa D'AMATO
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Agnes JONGERIUS
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Othmar KARAS
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Ádám KÓSA
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Marc TARABELLA
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Clare DALY
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Nikolaj VILLUMSEN
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Mick WALLACE
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Joanna KOPCIŃSKA
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Beata MAZUREK
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Elżbieta RAFALSKA
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Stefania ZAMBELLI
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Cindy FRANSSEN
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Elena LIZZI
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Jarosław DUDA
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Ilan DE BASSO
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
- Catherine AMALRIC
Plenary Speeches (1)
- 2023/10/02 Protection of workers from asbestos (debate)
Votes
Protection of workers from asbestos – A9-0160/2023 – Véronique Trillet Lenoir – Provisional agreement – Am 69 #
2023/10/03 Outcome: +: 614, 0: 4, -: 2
PPE
NI
The Left| Amendments | Dossier |
| 345 |
2022/0298(COD)
2023/02/10
EMPL
250 amendments...
Amendment 100 #
Proposal for a directive Recital 15 (15) Employers should
Amendment 101 #
Proposal for a directive Recital 15 (15) Employers should
Amendment 102 #
Proposal for a directive Recital 15 (15) Employers should
Amendment 103 #
Proposal for a directive Recital 15 a (new) (15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 104 #
Proposal for a directive Recital 15 a (new) (15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 105 #
Proposal for a directive Recital 15 a (new) (15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 106 #
Proposal for a directive Recital 15 a (new) (15a) Appropriate accompanying and support measures are needed. In this regard, the Member States shall provide support to all those involved in handling and removing asbestos, particularly SMEs and building owners. The Commission shall make adequate funding available for the transition to an asbestos-free Europe through instruments such as the European Recovery and Resilience Fund, the European Regional Development Fund (ERDF), the Cohesion Fund (CF), EU4Health and the European Social Fund Plus. The Member States shall facilitate the process of allocating funds for the various adjustments needed, such as equipping and training SMEs and workers involved in removing asbestos.
Amendment 107 #
Proposal for a directive Recital 15 b (new) (15b) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 108 #
Proposal for a directive Recital 15 b (new) (15b) In order to provide for the implementation of this Directive, the necessary measure should be taken by member states to guarantee the enforcing applicable laws and regulations, including through a the support of the labour inspectorate in consideration to the International Labour Organisation’s (ILO) minimum objective of one inspector for every 10.000 workers.
Amendment 109 #
Proposal for a directive Recital 15 b (new) (15b) In order to provide for the implementation of this Directive, the necessary measure should be taken by member states to guarantee the enforcing applicable laws and regulations, including through a the support of the labour inspectorate in consideration to the International Labour Organisation’s (ILO) minimum objective of one inspector for every 10.000 workers.
Amendment 110 #
Proposal for a directive Recital 15 b (new) (15b) In order to provide for the implementation of this Directive, the necessary measure should be taken by member states to guarantee the enforcing applicable laws and regulations, including through a the support of the labour inspectorate in consideration to the International Labour Organisation’s (ILO) minimum objective of one inspector for every 10.000 workers.
Amendment 111 #
Proposal for a directive Recital 15 b (new) (15b) The inspectors shall receive support from the Member States, and the requisite means shall be deployed to further their mission. The Member States shall build the inspectors’ resources and skills, with the aim of supporting their activities and extending checks at problematic sites or in the event of suspicions or reports of illegal activity.
Amendment 112 #
Proposal for a directive Recital 15 c (new) (15c) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, to implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 113 #
Proposal for a directive Recital 15 c (new) (15c) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 114 #
Proposal for a directive Recital 15 c (new) (15c) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 115 #
Proposal for a directive Recital 15 c (new) (15c) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite, fluoro-edenite or erionite should be included within the scope of that Directive.
Amendment 116 #
Proposal for a directive Recital 15 d (new) Amendment 117 #
Proposal for a directive Recital 15 d (new) (15d) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite, fluoro-edenite should be included within the scope of that Directive.
Amendment 118 #
Proposal for a directive Recital 15 d (new) (15d) In order to keep pace with technological developments, the Commission should every five years, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 119 #
Proposal for a directive Recital 15 d (new) (15d) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 120 #
Proposal for a directive Recital 15 e (new) (15e) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 121 #
Proposal for a directive Recital 15 e (new) (15e) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 122 #
Proposal for a directive Recital 15 e (new) (15e) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite, fluoro-edenite should be included within the scope of that Directive.
Amendment 123 #
Proposal for a directive Recital 15 e (new) (15e) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 124 #
Proposal for a directive Recital 15 f (new) (15f) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 125 #
Proposal for a directive Recital 15 f (new) (15f) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 126 #
Proposal for a directive Recital 15 f (new) (15f) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 127 #
Proposal for a directive Recital 15 g (new) (15g) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 128 #
Proposal for a directive Recital 17 (17) Since this Directive concerns the protection of the health and safety of workers at the place of work, it should be transposed within
Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifi
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifi
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifi
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 – point f a (new) (fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 point f a (new) (fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 – point f a (new) (fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/148/EC Article 3 – paragraph 1 (2a) In Article 3, paragraph 1 is replaced by the following: "This Directive shall apply to all activities in which workers are or may be exposed
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2009/148/EC Article 3 – paragraph 1 (2a) In Article 3, paragraph 1 is replaced by the following: "1. This Directive shall apply 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."
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2009/148/EC Article 3 – paragraph 1 (3a) In Article 3, paragraph 1 is replaced by the following: "This Directive shall apply to all activities in which workers are or may be exposed
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2009/148/EC Article 3 – paragraph 3 Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2009/148/EC Article 3 – paragraph 3 Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 2 b (new) Directive 2009/148/EC Article 3 – paragraph 3 Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 b (new) Directive 2009/148/EC Article 3 – paragraph 3 Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2009/148/EC Article 3 – paragraph 4 Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 2 c (new) Directive 2009/148/EC Article 3 – paragraph 4 Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 3 c (new) Directive 2009/148/EC Article 3 – paragraph 4 Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2009/148/EC Article 4 – paragraph 3 – subparagraph 2 In Article 4(3), the second subparagraph is replaced by the following: “The notification
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2009/148/EC Article 4 – paragraph 3 – subparagraph 2 (2d) In Article 4(3), the second subparagraph is replaced by the following: "The notification
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2009/148/EC Article 4 – paragraph 3 – subparagraph 2 (2d) In Article 4(3), the second subparagraph is replaced by the following: "The notification
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 2 d (new) Directive 2009/148/EC Article 4 – paragraph 4 – subparagraph 2 (2d) In Article 4(3), the second subparagraph is replaced by the following: "The notification
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2009/148/EC Article 4 – paragraph 3 subparagraph 2 a (new) (2e) In Article 4, paragraph 3 is replaced by the following: "The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of: (a) the location of the worksite; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved; (e) the starting date and duration of the work; (f) measures taken to limit the exposure of workers to asbestos. Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice. "
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 7 e (new) Directive 2009/148/EC Article 4 – paragraph 3 – subparagraph 2 a (new) (7e) In Article 4(3), the following subparagraph is added: “Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice."
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 2 e (new) Directive 2009/148/EC Article 4 – paragraph 3 – subparagraph 2 a (new) (2e) In Article 4(3), the following subparagraph is added: “Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice."
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 3 e (new) (3e) Article 4(3), the following subparagraph is added: "2a. Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice."
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) Directive 2009/148/EC Article 5 – paragraph 2 a (new) (2f) In Article 5, the following paragraph 2a (new) is added: “2a. Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be repaired, maintained, sealed, encapsulated or covered. Asbestos- containing materials which cannot be removed in the short term shall be identified, registered and regularly monitored.”
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) (2f) In Article 5, the following paragraph is added: 2a. Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be sealed or covered. Asbestos-containing materials which cannot be removed in the short term shall be identified, registered and regularly monitored.
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) Directive 2009/148/EC Article 5 – paragraph 2 a (new) Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 2 f (new) Directive 2009/148/EC Article 5 – paragraph 2 a (new) (2f) In article 5, the following paragraph 2 a (new) is added: "2a. Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be repaired, maintained, sealed, encapsulated or covered. Asbestos- containing materials which cannot be removed in the short term shall be identified, registered and regularly monitored."
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b (b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b (b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b (b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2009/148/EC Article 6 – paragraph 1 – point b (b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b a (new) (ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b a (new) (ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b a (new) (ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2009/148/EC Article 6 – paragraph 1 – point b a (new) (3b) In Article 6, paragraph 1, the new point ba is added: (ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2009/148/EC Article 7 – paragraph 1 (3a) In Article 7, paragraph 1 is replaced by the following: "1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2009/148/EC Article 7 – paragraph 1 (3a) In Article 7, paragraph 1 is replaced by the following: "1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2009/148/EC Article 7 – paragraph 1 (3a) In Article 7, paragraph 1 is replaced by the following "1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2009/148/EC Article 7 – paragraph 2 (4a) In Article 7, paragraph 2 is replaced by the following: "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2009/148/EC Article 7 – paragraph 2 (4a) Article 7, paragraph 2 is replaced by the following "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2009/148/EC Article 7 – paragraph 2 (3b) In Article 7, paragraph 2 is replaced by the following: "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2009/148/EC Article 7 – paragraph 2 (3b) In Article 7, paragraph 2 is replaced by the following: "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 3 c (new) (3c) In Article 7, paragraph 5 is replaced by the following: "5. The duration of sampling
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 3 c (new) Directive 2009/148/EC Article 7 – paragraph 5 (3c) In Article 7, paragraph 5 is replaced by the following: "5. The duration of sampling
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 4 b (new) Directive 2009/148/EC Article 7 – paragraph 5 (4b) Article 7, paragraph 5 is replaced by the following: "The duration of sampling
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2009/148/EC Article 7 – paragraph 6 – subparagraph 1 Fibre counting shall be carried out by
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2009/148/EC Article 7 – paragraph 6 – subparagraph 1 Fibre counting shall be carried out by
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2009/148/EC Article 7 – paragraph 6 – subparagraph 1 Fibre counting shall be carried out by
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2009/148/EC Article 7 – paragraph 6 – subparagraph 1 "Fibre counting shall be carried out
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2009/148/EC Article 7 – paragraph 6 – subparagraph 1 a (new) (4a) the following paragraph shall be added to Article 7: 7. For the sake of compliance with the measures on fibre counting referred to in this Article, the Commission shall support Member States by providing the appropriate funding and technical guidance, including in relation to the technical transition from phase-contrast microscopy, as applied in accordance with the method recommended in 1997 by the World Health Organization (WHO)*, to electron microscopy (EM), and the training of all those involved in handling and removing asbestos, particularly SMEs and workers involved in removing asbestos.
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/148/EC Article 8 Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/148/EC Article 8 Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.001 fibres per cm³ (1 000 fibres per m³) as an 8-hour time- weighted average
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/148/EC Article 8 Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.001 fibres per cm³ as an 8-hour time-weighted average (TWA).
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2009/148/EC Article 8 Employers shall ensure, while protecting their own business, that no worker is exposed to an airborne concentration of asbestos in excess of 0.01 fibres per cm³ as an 8-hour time-weighted average (TWA).
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 10 – paragraph 1 Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2009/148/EC Article 10 – paragraph 1 Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2009/148/EC Article 10 – paragraph 1 Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2009/148/EC Article 10 – paragraph 1 Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 Before beginning demolition or maintenance work
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 Before beginning demolition or maintenance work
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 Before beginning demolition or maintenance work
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 Before beginning demolition
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 a (new) (6a) In Article 11, the following paragraph is added: 1a. The Member States shall regulate the details of explorations and investigations for the detection of asbestos-containing materials, in accordance with their national building regulations. Where the complete absence of asbestos cannot be guaranteed, works shall be conducted in accordance with the provisions of this Directive where asbestos is present.
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 a (new) (6a) In Article 11, the following paragraph is added: 1a. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, subject to minimum quality standards and in accordance with their national law and practice.
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 11 paragraph 1 a (new) (6a) In Article 11, the following paragraph is added: "The Member States shall regulate the details of explorations and investigations for the detection of asbestos-containing materials, in accordance with their national building regulations. Where the complete absence of asbestos cannot be guaranteed, works shall be conducted in accordance with the provisions of this Directive where asbestos is present."
Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2009/148/EC Article 11 – paragraph 1 a (new) (6b) In Article 11, the following paragraph is added: 1a. In the absence of relevant information available or if the information is not detailed enough for the work planned, the person or body ordering the work shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The screening shall be conducted by a certified operator and the result shall be communicated to the employer before works can start.
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2009/148/EC Article 11 – paragraph 1 b (new) (6b) In Article 11, the following paragraph is added: "1b. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, subject to minimum quality standards and in accordance with their national law and practice."
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2009/148/EC Article 11 – paragraph 1 b (new) (6b) In Article 11, the following paragraph is added: 1b. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, subject to minimum quality standards and in accordance with their national law and practice.
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 6 c (new) Directive 2009/148/EC Article 11 – paragraph 1 b (new) (6c) In Article 11, the following paragraph is added: 1b. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, in accordance with their national law and practice.
Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 11 – paragraph 2a (new) (6a) In Article 11, the following paragraph is added: The Member States shall regulate the details of explorations and investigations for the detection of asbestos-containing materials, in accordance with their national building regulations. Where the complete absence of asbestos cannot be guaranteed, works shall be conducted in accordance with the provisions of this Directive where asbestos is present.
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 12 – paragraph 1 – introductory part (6a) In Article 12 (1), the introductory part is amended as follows: "In the case of certain activities such as demolition, asbestos removal work,
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 12 – paragraph 1 – introductory part (6a) In Article 12(1), the introductory wording is replaced by the following: "In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: "
Amendment 203 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 12 – paragraph 1 – introductory part (6a) In Article 12(1), the introductory wording is replaced by the following: “In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of
Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2009/148/EC Article 12 – paragraph 1 – introductory part (6b) Article 12(1) is replaced by the following: In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: "(a) workers shall be issued with suitable respiratory and other personal protective equipment, which must be worn; and (b) warning signs shall be put up indicating that it is foreseeable that the limit value laid down in Article 8 will be exceeded; and (c) the spread of dust arising from asbestos or materials containing asbestos
Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 12 – paragraph 1 – introductory part (6a) Article 12(1), the introductory wording is replaced by the following: "In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:"
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 6 d (new) Directive 2009/148/EC Article 12 – point c (6d) Article 12 point c is replaced by the following: "(c) the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented and ventilation of air from asbestos removal sites into enclosed spaces shall not be allowed."
Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 6 d (new) Directive 2009/148/EC Article 12 point c (6d) Article 12, point c is replaced by the following: "(c) the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented
Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 6 e (new) Directive 2009/148/EC Article 12 – point c (6e) In Article 12, the following paragraph is added: “A measurement of asbestos fibres concentration in the air shall be carried out after activities referred to in the first paragraph have been concluded in order to ensure that workers can safely re-enter the workplace.”
Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 6 e (new) Directive 2009/148/EC Article 12 – paragraph 2 a (new) (6e) In Article 12, the following paragraph is added: “A measurement of asbestos fibres concentration in the air shall be carried out after activities referred to in the first paragraph have been concluded in order to ensure that workers can safely re-enter the workplace."
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 6 e (new) Directive 2009/148/EC Article 12 – paragraph 2 a (new) (6e) In Article 12, the following paragraph is added: "A measurement of asbestos fibres concentration in the air shall be carried out after activities referred to in the first paragraph have been concluded in order to ensure that workers can safely re-enter the workplace."
Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 6 c (new) Directive 2009/148/EC Article 13 – paragraph 1 Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 6 f (new) Directive 2009/148/EC Article 13 – Paragraph 1 Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 6 f (new) Directive 2009/148/EC Article 13 – paragraph 1 (6f) Article 13 paragraph 1 is replaced by the following: "A plan of work shall be drawn up before
Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 6 g (new) (6g) In Article 14, paragraph 2 is replaced by the following: "2. The content of the training
Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 6 g (new) Directive 2009/148/EC Article 14 – paragraph 2 (6g) In Article 14, paragraph 2 is replaced by the following: “2. The content of the training
Amendment 216 #
Proposal for a directive Article 1 – paragraph 1 – point 6 g (new) Directive 2009/148/EC Article 14 – paragraph 2 (6g) In Article 14, paragraph 2 is replaced by the following: "2. The content of the training
Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 6 g (new) Directive 2009/148/EC Article 14 – paragraph 2 (6g) Article 14, paragraph 2 is replaced by the following: "2. The content of the training
Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 14 – paragraph 3 Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 14 – paragraph 3 Amendment 221 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 14 – paragraph 3 Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 14 – paragraph 3 Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – point 6 f (new) Directive 2009/148/EC Article 15 – paragraph 1 Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 6 i (new) Directive 2009/148/EC Article 15 – paragraph 1 Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 6 i (new) Directive 2009/148/EC Article 15 – paragraph 1 Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 6 i (new) Directive 2009/148/EC Article 15 – paragraph 1 Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 6 j (new) Directive 2009/148/EC Article 15 – paragraph 1 a (new) (6j) In Article 15, the following paragraph is added: “1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice.”
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 6 j (new) Directive 2009/148/EC Article 15 – paragraph 1 a (new) (6j) Article 15, the following paragraph is added: "1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice."
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 6 j (new) Directive 2009/148/EC Article 15 – paragraph 1 a (new) (6j) In Article 15, the following paragraph is added: 1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice.
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 6 j (new) Directive 2009/148/EC Article 15 – paragraph 1 a (new) (6j) In Article 15, the following paragraph is added: “1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice.”
Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 15 – paragraph 1 b (new) (6h) In Article 15, the following paragraph is added: 1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1.
Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 6 k (new) Directive 2009/148/EC Article 15 – paragraph 1 b (new) (6k) In Article 15, the following paragraph is added: “1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1."
Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 – point 6 k (new) Directive 2009/148/EC Article 15 – paragraph 1 b (new) (6k) In Article 15, the following paragraph is added: “1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1."
Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 6 k (new) Directive 2009/148/EC Article 15 – paragraph 1 b (new) (6k) Article 15, the following paragraph is added: "1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1."
Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 6 k (new) Directive 2009/148/EC Article 16 – paragraph 1 – introductory part (6k) In Article 16 (1), introductory part is replaced by the following: "In the case of all activities referred to in Article 3(1),
Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) Directive 2009/148/EC Article 16 – paragraph 1 – introductory part (6l) In Article 16 (1), introductory part is replaced by the following: "In the case of all activities referred to in
Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) Directive 2009/148/EC Article 16 – paragraph 1 – introductory part (6l) In Article 16 (1) the introductory part is replaced by the following: "In the case of all activities referred to in Article 3(1),
Amendment 238 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c (6l) Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing
Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c (6l) In Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing
Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) (6l) In Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing
Amendment 241 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c (6l) In Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing
Amendment 242 #
Proposal for a directive Article 1 – paragraph 1 – point 6 l (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c (6l) In Article 16(1), point c is replaced by the following: “(c) workers are provided with appropriate working or protective clothing
Amendment 243 #
Proposal for a directive Article 1 – paragraph 1 – point 6 m (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c a (new) (6m) In Article 16(1), the following point is added: (ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;
Amendment 244 #
Proposal for a directive Article 1 – paragraph 1 – point 6 m (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c a (new) (6m) Article 16(1), the following point is inserted: "(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;"
Amendment 245 #
Proposal for a directive Article 1 – paragraph 1 – point 6 m (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c a (new) (6m) In Article 16(1), the following point is inserted: “(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;”
Amendment 246 #
Proposal for a directive Article 1 – paragraph 1 – point 6 m (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c a (new) (6m) In Article 16(1), the following point is inserted: "(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;"
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 6 m (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c a (new) (6m) In Article 16(1), the following point is inserted: “(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;”
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 6 n (new) Directive 2009/148/EC Article 16 – paragraph 1 – point e (6n) In Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations
Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 6 n (new) Directive 2009/148/EC Article 16 – paragraph 1 – point e (6n) In Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations
Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 6 n (new) (6n) Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations
Amendment 251 #
Proposal for a directive Article 1 – paragraph 1 – point 6 n (new) Directive 2009/148/EC Article 16 – paragraph 1 – point e (6n) In Article 16(1), point e is replaced by the following: “(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations
Amendment 252 #
Proposal for a directive Article 1 – paragraph 1 – point 6 n (new) Directive 2009/148/EC Article 16 – paragraph 1 – point e (6n) In Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations
Amendment 253 #
Proposal for a directive Article 1 – paragraph 1 – point 6 p (new) Directive 2009/148/EC Article 17 – paragraph 2 (6p) In article 17 (2) the first paragraph is replaced by the following: "2. In addition to the measures referred to in paragraph 1,
Amendment 254 #
Proposal for a directive Article 1 – paragraph 1 – point 6 p (new) Directive 2009/148/EC Article 17 – paragraph 2 (6p) In Article 17, paragraph 2 is replaced by the following: "2. In addition to the measures referred to in paragraph 1,
Amendment 255 #
Proposal for a directive Article 1 – paragraph 1 – point 6 p (new) Directive 2009/148/EC Article 17 – paragraph 2 (6p) In Article 17, paragraph 2 is replaced by the following: "2. In addition to the measures referred to in paragraph 1,
Amendment 256 #
Proposal for a directive Article 1 – paragraph 1 – point 6 q (new) Directive 2009/148/EC Article 18 – paragraph 1 Amendment 257 #
Proposal for a directive Article 1 – paragraph 1 – point 6 q (new) Directive 2009/148/EC Article 18 – paragraph 1 Amendment 258 #
Proposal for a directive Article 1 – paragraph 1 – point 6 q (new) Directive 2009/148/EC Article 18 – paragraph 1 Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point 6 r (new) Directive 2009/148/EC Article 18 – paragraph 2 (6r) In Article 18, paragraph 2 is replaced by the following: "2. A new assessment must be available at least once every 3 years for as long as exposure continues. An individual health record shall be established and kept for a minimum of 40 years in accordance with national laws and/or practices for each worker referred to in the first subparagraph."
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point 6 r (new) Directive 2009/148/EC Article 18 – paragraph 2 (6r) In Article 18, paragraph 2 is replaced by the following: "2. An assessment of each worker’s state of health must be available prior to the beginning of exposure to dust arising from asbestos or materials containing asbestos at the place of work. Th
Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point 6 r (new) Directive 2009/148/EC Article 18 – paragraph 2 (6r) In Article 18, paragraph 2 is replaced by the following: "2. An individual health record shall be established and kept for a minimum of 40 years in accordance with national laws and/or practices for each worker referred to in the first subparagraph."
Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point 6 s (new) Directive 2009/148/EC Article 18 b a (new) (6s) The following Article is inserted: “Article 18ba 1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. By entry into force of this amending Directive, the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite, fluoro-edenite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos.
Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 6 s (new) Directive 2009/148/EC Article 18 b a (new) (6s) The following Article is inserted: “Article 18ba 1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. When entering into force of this amending Directive], the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite, fluoro-edenite and erionite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos.”
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 6 s (new) Directive 2009/148/EC Article 18 b a (new) (6s) The following Article is inserted: “Article 18ba "1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. By... entry into force of this amending Directive, the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite and fluoro-edenite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos."
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 6 s (new) Directive 2009/148/EC Article 18 b a (new) (6s) The following Article is inserted: “Article 18 ba 1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. By entry into force of this amending Directive, the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite, fluoro-edenite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos.”
Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point 6 t (new) Directive 2009/148/EC Article 19 – paragraph 1 Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point 6 t (new) Directive 2009/148/EC Article 19 – paragraph 1 Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point 6 t (new) Directive 2009/148/EC Article 19 – paragraph 1 Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2009/148/EU Article 19 – paragraph 2 ‘The employer
Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 20 a (new) The following Article is inserted: Article 20a With a view to fulfil the requirements of Council Directive 89/391/EEC, Member States shall improve the number, quality and frequency of labour inspections in line with the International Labour Organisation’s recommendation of minimum one inspector for every 10 000 workers;
Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 21 (7a) Article 21 is replaced by the following: "Member States shall keep a register of recognised cases of asbestos
Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 21 (7a) Article 21 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestos
Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 21 (7a) Article 21 is replaced by the following: “Member States shall keep a register of all recognised cases of asbestos
Amendment 274 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 21 (7a) Article 21 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestos
Amendment 275 #
Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 21 (7a) Article 21 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestos
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC Article 21 – paragraph 1 a (new) (7b) In Article 21, the following paragraph is added: “The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases."
Amendment 277 #
Proposal for a directive Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC Article 21 – paragraph 1 a (new) (7b) In Article 21, the following paragraph is added: “1a. The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases."
Amendment 278 #
Proposal for a directive Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC Article 21 – paragraph 1 a (new) (7b) In Article 21, the following paragraph is inserted: The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases.
Amendment 279 #
Proposal for a directive Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC Article 21 – paragraph 1 a (new) (7b) In Article 21, the following paragraph is added: "The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases."
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 3 c (new) Directive 2009/148/EC Article 21a (new) (3c) The following article is inserted: “Article 21a In the case of fire, existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services."
Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point 7 c (new) Directive 2009/148/EC Article 21 a (new) (7c) The following Article is inserted: “Article 21a All existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services.”
Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 7 c (new) (7c) The following Article is inserted: Article 21a All existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services.
Amendment 283 #
Proposal for a directive Article 1 – paragraph 1 – point 7 c (new) Directive 2009/148/EC Article 21 a (7c) The following Article is inserted: "Article 21a All existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services."
Amendment 284 #
Proposal for a directive Article 1 – paragraph 1 a (new) Directive 2009/148/EC Article 21 b (new) The following article is inserted: "Article 21b For the purpose of fulfilling the requirements of this Directive, Member States can make use of European Structural Investment (ESI) funds; the Commission shall ensure sufficient and appropriate funds for this purpose to provide technical guidance, administrative and financial support to employers, in order to ensure adequate protection of the workers, in complying with the requirements of this Directive, including accessing and developing measurement technology, protective equipment, training and up- and reskilling of workers."
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 7 d (new) Directive 2009/148/EC Annex I – point 1 (7d) In Annex I, point 1 is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can at least give rise to the following
Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 7 d (new) Directive 2009/148/EC Annex I – point 1 (7d) In Annex I, point 1 is replaced by the following "1. Current knowledge indicates that exposure to free asbestos fibres can at least give rise to the following
Amendment 287 #
Proposal for a directive Article 2 – paragraph 2 c (new) Annex I – point 1 2c. In Annex I, point 1 is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases: — asbestosis, — mesothelioma, — bronchial carcinoma, — gastro-intestinal carcinoma.
Amendment 288 #
Proposal for a directive Article 2 – paragraph 1 a (new) Directive 2009/148/EC Annex I – Point 1 1a. Annex I, point 1 is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can at least give rise to the following
Amendment 289 #
Proposal for a directive Article 1 – paragraph 1 – point 7 e (new) Directive 2009/148/EC Annex I a (new) Amendment 290 #
Proposal for a directive Article 1 – paragraph 1 – point 7 e (new) Directive 2009/148/EC Annex I a (new) Amendment 291 #
Proposal for a directive Article 1 – paragraph 1 – point 7 e (new) Directive 2009/148/EC Annex 1 a (new) Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 7 e (new) Amendment 293 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by
Amendment 294 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by
Amendment 295 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 a (new) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point 4, of this Directive by [five years after the date of entry into force of this Directive]. They shall immediately communicate the text of those measures to the Commission. Member States shall, before having brought into force the laws, regulations and administrative provisions in accordance with this paragraph, carry out fibre counting by phase-contrast microscopy or, where possible, by any other method giving equivalent or better results. For the purpose of bringing into force the laws, regulations and administrative provisions necessary to comply with this Directive, the Commission could consider to/shall set up a platform for the Member States to exchange best practices.
Amendment 296 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 b (new) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point 5, of this Directive by [five years after the date of entry into force of this Directive]. They shall immediately communicate the text of those measures to the Commission.
Amendment 297 #
Proposal for a directive Article 2 – paragraph 2 a (new) 2a. The Commission shall regularly monitor and assess the impact of the implementation of this Directive, after consulting the social partners, and taking into account SMEs and micro-enterprises, and provide sufficient technical guidance and administrative support to fulfil the requirements of this Directive.
Amendment 48 #
Proposal for a directive Recital 2 a (new) (2a) This Directive applies to all activities of all at-risk professions, including renovation and demolition workers, waste managers, miners and firefighters, which are or may be exposed to dust arising from asbestos or materials containing asbestos.
Amendment 49 #
Proposal for a directive Recital 2 a (new) (2a) This Directive applies to all activities of all at-risk professions, including renovation and demolition workers, waste managers, miners and firefighters, which are or may be exposed to dust arising from asbestos or materials containing asbestos.
Amendment 50 #
Proposal for a directive Recital 2 a (new) (2a) This Directive applies to all activities of all at-risk professions, including renovation and demolition workers, waste managers, miners and firefighters, which are or may be exposed to dust arising from asbestos or materials containing asbestos.
Amendment 51 #
Proposal for a directive Recital 2 a (new) (2a) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin).
Amendment 52 #
Proposal for a directive Recital 2 b (new) (2b) The concept of ‘sporadic and low intensity exposure’ is a non-science-based concept. As a result, it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive.
Amendment 53 #
Proposal for a directive Recital 2 c (new) (2c) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin).
Amendment 54 #
Proposal for a directive Recital 2 d (new) (2d) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin);
Amendment 55 #
Proposal for a directive Recital 2 d (new) (2d) The concept of ‘sporadic and low intensity exposure’ is a non science-based concept. As a result, it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive.
Amendment 56 #
Proposal for a directive Recital 2 d (new) (2d) The concept of ‘sporadic and low intensity exposure’ is a non science-based concept. As a result it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive.
Amendment 57 #
Proposal for a directive Recital 3 (3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management
Amendment 58 #
Proposal for a directive Recital 3 (3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council65 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No
Amendment 59 #
Proposal for a directive Recital 3 (3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council65 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)OJ L 353, 31.12.2008, p. 1.
Amendment 60 #
Proposal for a directive Recital 3 (3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council65 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)OJ L 353, 31.12.2008, p. 1.
Amendment 61 #
Proposal for a directive Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’)
Amendment 62 #
Proposal for a directive Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an
Amendment 63 #
Proposal for a directive Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’)
Amendment 64 #
Proposal for a directive Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’)
Amendment 65 #
Proposal for a directive Recital 7 (7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data.
Amendment 66 #
Proposal for a directive Recital 7 (7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data.
Amendment 67 #
Proposal for a directive Recital 7 (7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data.
Amendment 68 #
Proposal for a directive Recital 7 (7) The limit value for asbestos set out
Amendment 69 #
Proposal for a directive Recital 9 Amendment 70 #
Proposal for a directive Recital 9 Amendment 71 #
Proposal for a directive Recital 9 Amendment 72 #
Proposal for a directive Recital 9 (9) Taking into account the relevant scientific expertise and a balanced approach ensuring at the same time adequate protection of workers at Union level and avoiding disproportionate economic disadvantages and burdens for the affected economic operators (including SMEs), a revised OEL equal to 0.001 fibres/cm3 as an 8-hour time-weighted average (TWA) should be established. This balanced approach is underpinned by a public health objective aiming at the necessary safe removal of asbestos. Consideration has also been given to proposing an OEL that takes into account economic and technical considerations to allow an effective removal.
Amendment 73 #
Proposal for a directive Recital 11 (11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to
Amendment 74 #
Proposal for a directive Recital 11 (11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos.
Amendment 75 #
Proposal for a directive Recital 11 (11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL. In line with the opinion of the ACSH, a more modern and sensitive methodology based on electron microscopy should be used, while taking into account the need for an adequate period of adaptation
Amendment 76 #
Proposal for a directive Recital 11 (11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos.
Amendment 77 #
Proposal for a directive Recital 11 a (new) (11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established as an appropriate first step to reducing the risks of asbestos exposure. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible and no transition period should therefore apply. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure better a protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. By ... [five years after the entry into force of this Directive], based on the experience acquired, up-to- date scientific evidence and technical data, and after consulting the social partners, the Commission should evaluate the feasibility of a further reduction of the asbestos exposure limit.
Amendment 78 #
Proposal for a directive Recital 11 a (new) (11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established as an appropriate first step to reducing the risks of asbestos exposure. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible and no transition period should therefore apply. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure a better protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. By ... [five years after the entry into force of this Directive], based on the experience acquired, up-to- date scientific evidence and technical data, and after consulting the social partners, the Commission should evaluate the feasibility of a further reduction of the asbestos exposure limit.
Amendment 79 #
Proposal for a directive Recital 11 a (new) (11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established as an appropriate first step to reducing the risks of asbestos exposure. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible and no transition period should therefore apply. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure better a protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. By ... [five years after the entry into force of this Directive], based on the experience acquired, up-to- date scientific evidence and technical data, and after consulting the social partners, the Commission should evaluate the feasibility of a further reduction of the asbestos exposure limit.
Amendment 80 #
Proposal for a directive Recital 11 a (new) (11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure a better a protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. In order to allow for sufficient time to comply with the new requirement, a transposition period of five years should be provided. During that transposition period, Member States can continue to carry out fibre counting by phase-contrast microscopy.
Amendment 81 #
Proposal for a directive Recital 11 a (new) (11a) In the light of the fact that thinner asbestos fibres (<0.2 μm) are also carcinogenic, those fibres should be taken into account when measuring exposure in the workplace. Electron microscopy, which allows the detection of such thinner asbestos fibres, or similar advanced methods, should be used for that purpose. To allow sufficient time to comply with the new requirement, a transposition period of seven years should be set.
Amendment 82 #
Proposal for a directive Recital 11 b (new) (11b) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust . If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 83 #
Proposal for a directive Recital 11 b (new) (11b) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust. If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 84 #
Proposal for a directive Recital 11 c (new) (11c) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust. If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 85 #
Proposal for a directive Recital 11 c (new) (11c) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust. If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 86 #
Proposal for a directive Recital 11 c (new) (11c) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy. In the framework of the new EU Circular Economy Action Plan.
Amendment 87 #
Proposal for a directive Recital 11 c (new) (11c) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy. In the framework of the new EU Circular Economy Action Plan.
Amendment 88 #
Proposal for a directive Recital 11 c (new) (11c) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy in the framework of the new EU Circular Economy Action Plan.
Amendment 89 #
Proposal for a directive Recital 12 a (new) (12a) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters.
Amendment 90 #
Proposal for a directive Recital 12 a (new) (12a) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters.
Amendment 91 #
Proposal for a directive Recital 12 a (new) (12a) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters.
Amendment 92 #
Proposal for a directive Recital 13 (13) Special control measures and precautions are needed
Amendment 93 #
Proposal for a directive Recital 13 (13) Special control measures and precautions are needed
Amendment 94 #
Proposal for a directive Recital 13 (13) Special control measures and precautions are needed
Amendment 95 #
Proposal for a directive Recital 13 (13) Special control measures and
Amendment 96 #
Proposal for a directive Recital 14 a (new) (14a) The notification system is important to allow the supervision by the competent national authority of works during which asbestos may be disturbed. The information should include the following additional elements to better inform the national competent authority: the areas in which the work is to be carried out, the equipment used for the protection and decontamination of workers, and a plan for waste disposal. Such additional information would allow, where appropriate, the intervention of the competent national authority to ensure the protection of those involved.
Amendment 97 #
Proposal for a directive Recital 14 a (new) (14a) The notification system is important to allow the supervision by the competent national authority of works during which asbestos may be disturbed. The information should include the following additional elements to better inform the national competent authority: the areas in which the work is to be carried out, the equipment used for the protection and decontamination of workers, and a plan for waste disposal. Such additional information would allow, where appropriate, the intervention of the competent national authority to ensure the protection of those involved.
Amendment 98 #
Proposal for a directive Recital 14 a (new) (14a) The notification system is important to allow the supervision by the competent national authority of works during which asbestos may be disturbed. The information should include the following additional elements to better inform the national competent authority: the areas in which the work is to be carried out, the equipment used for the protection and decontamination of workers, and a plan for waste disposal. Such additional information would allow, where appropriate, the intervention of the competent national authority to ensure the protection of those involved.
Amendment 99 #
Proposal for a directive Recital 15 (15) Employers should take all necessary steps to identify presumed asbestos-containing materials, if appropriate by obtaining information from the owners of the premises as well as other sources of information, including relevant registers.
source: 742.461
2023/02/17
ENVI
95 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 15 Amendment 101 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 b (new) Directive 2009/148/EC Article 15 – paragraph 1 Amendment 102 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 c (new) Directive 2009/148/EC Article 16 – paragraph 1 – introductory part (6c) Article 16, paragraph 1, introductory part is replaced by following "1. In the case of all activities referred to in Article 3(1)
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 b (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c (
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 16 – paragraph 1 – point c (6a) In Article 16(1), point c is replaced by the following: (c) workers are provided with appropriate working or protective clothing as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; this working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 d (new) Directive 2009/148/EC Article 17 – paragraph 2 – introductory part Amendment 106 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 e (new) Directive 2009/148/EC Article 18 – paragraph 1 Amendment 107 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 f (new) Directive 2009/148/EC Article 18 – paragraph 2 (6f) Article 18, paragraph 2 is replaced by the following: "An individual health record shall be established and kept for a minimum of 40 years in accordance with national laws and/or practices for each worker referred to in the first subparagraph.
Amendment 108 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 g (new) Directive 2009/148/EC Article 18 b a (new) Amendment 109 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 h (new) Directive 2009/148/EC Article 19 – paragraph 1 Amendment 110 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 Directive 2009/148/WE Article 19 – paragraph 2 The employer
Amendment 111 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 19 a (new) Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC Article 20 – paragraph 1 a (new) Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 20 a (new) (7a) The following article is inserted: "Article 20a Member States are obliged to ensure effective access to public health care, including prevention and treatment, for all adverse health effects, for all asbestos victims, whether occupational or para- occupational."
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 21 – paragraph 1 (7a) Article 21, paragraph 1 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestos
Amendment 115 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 c (new) Directive 2009/148/EC Article 21 – paragraph 1 a (new) (7c) Article 21 is replaced by the following: Article 21 Article 21 Member States shall keep a register of recognised cases of asbestosis
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 d (new) Directive 2009/148/EC Article 21 – paragraph 1 b (new) Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC Article 21 a (new) Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 e (new) Directive 2009/148/EC Article 22 – paragraph 1 a (new) Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Article 22b Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Directive 2009/148/EC Annex I – point 1 (7a) In Annex I, point 1 is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases: — asbestosis, — mesothelioma, — bronchial carcinoma, — gastro-intestinal carcinoma
Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 f (new) Directive 2009/148/EC Annex I a (new) Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 b (new) Directive 2009/148/EC New Annex 1 b Amendment 123 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the
Amendment 124 #
Proposal for a regulation Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by
Amendment 125 #
Proposal for a regulation Article 2 – paragraph 1 a (new) Amendment 31 #
Proposal for a regulation Citation 5 a (new) - Having regard to Europe’s Beating Cancer Plan,
Amendment 32 #
Proposal for a regulation Recital 1 a (new) Amendment 33 #
Proposal for a regulation Recital 1 a (new) (1a) Under the One Health principle, more ambitious arrangements are needed to protect the environment and people of the threats caused by asbestos exposure at any level, and legal procedures must be developed to properly consider these threats beyond the occupational and para- occupational exposure, taking especially into account the passive environmental and household exposure in the EU and abroad, thus banning the exportation of asbestos to third countries.
Amendment 34 #
Proposal for a regulation Recital 1 a (new) (1a) The right to a safe, clean, healthy and sustainable environment is becoming universally recognised as the number of states recognizing the right to a clean, safe, healthy and sustainable environment in various forms has grown over the past few years with more than 155 countries recognising this right, or elements of this right, in their national legal systems. The recognition of this right, and its guarantee, is a means of protecting workers and all people in the EU from exposure to asbestos and the resulting health risks.
Amendment 35 #
Proposal for a regulation Recital 2 a (new) (2a) According to Article 191(2) TFEU, Union policy on the environment shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Moreover, the recognition of the right to a safe, clean, healthy and sustainable environment by a growing number of Member States is the basis for a more ambitious protection of the environment and the populations affected by asbestos.
Amendment 36 #
Proposal for a regulation Recital 2 b (new) (2b) With a view to ensuring that the principles of this directive are swiftly brought into effect, it is essential that the EU provides the Member States with technical expertise and provides funds in the next multiannual financial framework specifically for efforts to tackle asbestos. The European Regional Development Fund, the European Social Fund Plus and the Recovery and Resilience Facility should be made available as soon as possible for asbestos policies at EU level. The provision of electron microscopes to improve assessment of workers’ exposure to asbestos should be one of the priority areas for funding in efforts to tackle asbestos.
Amendment 37 #
Proposal for a regulation Recital 3 (3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and firefighting, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation
Amendment 38 #
Proposal for a regulation Recital 3 a (new) (3a) Exposure to asbestos fibres can lead to serious illness and death and it is of the utmost importance to minimize the risk of human exposure to asbestos fibres.
Amendment 39 #
Proposal for a regulation Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’)
Amendment 40 #
Proposal for a regulation Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’) by taking into account an acceptable level of excess risk.
Amendment 41 #
Proposal for a regulation Recital 4 (4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’) by taking into account an acceptable level of excess risk. As a consequence, the OEL for asbestos should be revised in order to reduce the risk by lowering exposure levels to better protect workers from work- related cancer.
Amendment 42 #
Proposal for a regulation Recital 4 a (new) (4a) The concept of ‘sporadic and low intensity exposure’ is a non-science-based concept. As a result, it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive;
Amendment 43 #
Proposal for a regulation Recital 4 b (new) (4b) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters;
Amendment 44 #
Proposal for a regulation Recital 4 c (new) (4c) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin);
Amendment 45 #
Proposal for a regulation Recital 5 (5) The Europe’s Beating Cancer Plan6 supports the need for action in the field of protection of workers against carcinogenic substances. Improved protection of workers exposed to asbestos will also be important
Amendment 46 #
Proposal for a regulation Recital 5 a (new) (5a) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy in the framework of the New EU Circular Economy Action Plan;
Amendment 47 #
Proposal for a regulation Recital 5 a (new) (5a) Within the framework of the EU’s ‘renovation wave for Europe’ initiative, the goal of which is to decarbonise buildings, tackle energy poverty and boost our sovereignty by means of energy efficiency, workers potentially exposed to asbestos urgently need to be trained. National training plans on exposure to asbestos should incorporate training workers. The purpose of that training should be to enable workers to identify asbestos and removed it under the safest possible conditions for their health and for the health of anyone who may be exposed to it, for example, in the vicinity of building renovation or demolition sites.
Amendment 48 #
Proposal for a regulation Recital 5 a (new) (5a) In the framework of the European renovation wave, there is a need to efficiently train workers and provide sufficient and focused support to help companies implement this Directive. In particular, national training plans for workers exposed to asbestos, with the necessary training infrastructure and technical support, could help facilitate the asbestos removal in the safest possible way.
Amendment 49 #
Proposal for a regulation Recital 5 a (new) (5a) After a renovation, if the building or facility still contains asbestos or is suspected of containing asbestos, documentation and information are important to avoid future exposure.
Amendment 50 #
Proposal for a regulation Recital 5 b (new) (5b) The storage and recycling of asbestos-containing products poses a serious risk of contamination to workers and the environment. With the current state of scientific advancement, it is difficult to make asbestos waste inert. Therefore, landfills for asbestos waste are not a viable long-term solution, as future generations will have to deal with these wastes. The development of safe waste disposal plans is a fundamental requirement from an environmental and public health point of view. In order to avoid that these requirements lead to an increased export of asbestos waste to third countries, the Union should encourage the creation of treatment and inerting centres for asbestos waste.
Amendment 51 #
Proposal for a regulation Recital 7 (7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data.
Amendment 52 #
Proposal for a regulation Recital 7 (7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and
Amendment 53 #
Proposal for a regulation Recital 8 (8) A revised limit value should be set out in this Directive in light of available information, including up-to-date scientific evidence and technical data, based on a thorough assessment of the socioeconomic and public health impacts and availability of exposure measurement protocols and techniques at the place of work. That information should be based on opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), established by Regulation (EC) No 1907/2006 and opinions of the Advisory Committee on Safety and Health at Work (ACSH) established by a Council Decision of 22 July 20039. __________________
Amendment 54 #
Proposal for a regulation Recital 8 a (new) (8a) In light of the fact that asbestos fibres thinner than those observable by phase-contrast microscopy (< 0,2 µm) are also carcinogenic, those fibres should be taken into account when measuring exposure. An occupational exposure limit combined with a more modern method allowing the counting of such thinner fibres would lead to an increased protection as more fibres would be counted.
Amendment 55 #
Proposal for a regulation Recital 10 a (new) (10a) asbestos is a non-threshold carcinogenic and the European Parliament voted in Resolution 2019/2182 (INL) to lower the maximum exposure limit for workers at 0.001 fibres per cm3 (1000 fibres per m3), in line both with the Opinion of the European Chemical Agency and with the precautionary principle which should be guiding policy makers in matters related to public heath.
Amendment 56 #
Proposal for a regulation Recital 11 (11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL. In line with the opinion of the ACSH, a more modern and sensitive methodology based on electron microscopy should be used, while taking into account the need for an adequate period of adaptation
Amendment 57 #
Proposal for a regulation Recital 12 (12) Taking into account the exposure minimisation requirements set out in Directive 2009/148/EC of the European Parliament and the Council and Directive 2004/37/EC of the European Parliament and of the Council, employers should ensure that the risk related to the exposure of workers to asbestos at the place of work is reduced to a minimum and in any case to as low a level as is technically possible. On the basis of the opinion of the European Chemicals Agency (ECHA), among other organisations, and since 90% of occupational cancers in the EU are linked to asbestos exposure, the European Parliament voted unequivocally in Resolution 2019/2182(INL) to lower the maximum exposure limit for workers to a level corresponding to an airborne concentration of asbestos of 0.001 fibres per cm3 (1 000 fibres per m3) at any moment during the work process.
Amendment 58 #
Proposal for a regulation Recital 13 (13) Special control measures and precautions are needed
Amendment 59 #
Proposal for a regulation Recital 13 (13) Special control measures and precautions are needed for workers exposed or likely to be exposed to asbestos, such as subjecting workers to a decontamination procedure and related training, in order to significantly contribute to reducing the risks related to such exposure and to avoid contamination to a third party.
Amendment 60 #
Proposal for a regulation Recital 13 (13) Special control measures and precautions are needed for workers
Amendment 61 #
Proposal for a regulation Recital 13 a (new) (13a) In some Member States, more than 70% of schools built before 1997 still contain asbestos. Moreover, out of approximately 1000 cancers caused by asbestos per year, 20 concern educational staff. Member States must therefore carry out a precise diagnosis and a census of schools and universities containing asbestos, in order to protect workers of this sector.
Amendment 62 #
Proposal for a regulation Recital 14 (14) Preventive measures for the
Amendment 63 #
Proposal for a regulation Recital 14 (14) Preventive measures for the protection of the health of workers exposed to asbestos and the commitment envisaged for Member States with regard to the surveillance of their health are important, in particular the continuation of health surveillance after the end of exposure. The annex related to the medical surveillance of workers should be updated in light of current knowledge on diseases that can be caused by asbestos exposure. The foreseen revision of the Commission Recommendation concerning the European Schedule of Occupational Diseases should also reflect such new scientific evidences in order to facilitate the recognition procedures for asbestos victims.
Amendment 64 #
Proposal for a regulation Recital 14 (14) Preventive measures for the protection of the health of workers exposed to asbestos and the commitment envisaged for Member States with regard to the surveillance of their health are important, in particular the continuation of health surveillance after the end of exposure. These measures should take into account that some workers are much more exposed to asbestos than others, and this situation of environmental inequality reinforces the already existing economic inequalities. Construction workers in particular are highly exposed to asbestos.
Amendment 65 #
Proposal for a regulation Recital 14 a (new) (14a) The gender distribution of occupational and domestic activities is an additional risk factor for the diagnosis of asbestos-related diseases. Therefore, cleaning activities should be better taken into account in the diagnosis of pathologies related to asbestos exposure in order to strengthen female workers in this sector as well as those who perform tasks such as the cleaning of asbestos contaminated products. It is also essential that the legislative and non-legislative instruments of the Union and the Member States take into account the differences in exposure and complications related to gender in order to better prevent and detect pathologies caused by asbestos exposure.
Amendment 66 #
Proposal for a regulation Recital 15 a (new) (15a) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored;
Amendment 67 #
Proposal for a regulation Recital 15 a (new) (15a) The decades that usually separate exposure to asbestos from the development of associated diseases make it particularly difficult to establish, for patients suffering from these diseases, a causal link between exposure to asbestos fibres and the associated disease. In addition to strengthening preventive measures, this fact means that Member States must facilitate harmonized procedures for recognising workplace diseases by reversing the burden of proof of the causal link between exposure and the disease and to provide adequate compensation for workers suffering from asbestos-related diseases. In this regard the legal framework on compensation measures must be unified at the EU level.
Amendment 68 #
Proposal for a regulation Recital 15 a (new) (15a) Considering that the health consequences of asbestos exposure often occur decades after exposure to asbestos and can lead to difficulties in establishing causation in court, the Commission should introduce a legislation establishing a general liability regime for diffuse pollution to provide compensation for all damages for victims from diffuse pollution, including those who suffered from asbestos; the Commission should introduce a legislation compelling companies responsible for such pollution to cover all the medical costs of their victims, especially workers, when these are due to asbestos and other kinds of diffuse pollution.
Amendment 69 #
Proposal for a regulation Recital 15 a (new) (15a) The Union should support Member States in reducing health inequalities. In this regard, the worker’s exposure survey on cancer risk factors that the European Agency for Safety and Health at work (EU-OSHA) is preparing should enable better-targeted awareness- raising campaigns and preventive measures. It should include gender- disaggregated data on asbestos exposure as well as data on the sector of activities, occupations and professional status, in order to contribute to evidence-based policies tackling inequalities, including gender inequality.
Amendment 70 #
Proposal for a regulation Recital 15 a (new) (15a) The Russian Government’s war of aggression against Ukraine is causing not only suffering for the Ukrainian people but also considerable damage to infrastructure, housing and the built environment more generally. As Ukraine did not ban the use of asbestos until 2017, the forthcoming reconstruction of the country poses a significant risk to workers, particularly those that handle rubble. It is therefore of the utmost importance that, whether they employ workers from a Member State or not, European companies involved in rebuilding the country take every possible measure to prevent workers’ exposure to asbestos.
Amendment 71 #
Proposal for a regulation Recital 15 a (new) (15a) points out that asbestos is present in many products that are still in use, such as abrasives, adhesives, car and bicycle parts, lubricants, paints, textiles, etc., and most of them are imported into the EU and handled by workers.
Amendment 72 #
Proposal for a regulation Recital 15 b (new) (15b) In order to achieve a uniform level of protection within the Union covering non-occupational exposure to asbestos, it is essential to support research into the risks associated with environmental asbestos exposure pathways, in particular around industrial sites and construction sites containing asbestos. The European Environment Agency should also conduct further research on the presence of asbestos in rivers and their surrounding tributaries, in seas and coastal waters and its effects on vegetation and wildlife, such as the one conducted by the US Environmental Protection Agency.
Amendment 73 #
Proposal for a regulation Recital 15 b (new) Amendment 74 #
Proposal for a regulation Recital 15 b (new) (15b) highlights the need, with a view to protecting workers and their families, for drastic controls on imports of products from third countries which still permit the use of asbestos at levels higher than those authorised by the Member States.
Amendment 75 #
Proposal for a regulation Recital 15 b (new) (15b) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 76 #
Proposal for a regulation Recital 15 c (new) (15c) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite and fluoro-edenite should be included within the scope of that Directive.
Amendment 77 #
Proposal for a regulation Recital 15 d (new) (15d) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose;
Amendment 78 #
Proposal for a regulation Recital 16 (16) Since the objective of this Directive, namely to protect workers and their families against risks to their health and safety arising from or likely to arise from exposure to asbestos at work, including the prevention of such risks, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 79 #
Proposal for a regulation Recital 17 (17) Since this Directive concerns the protection of the health and safety of workers at the place of work, it should be
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 – introductory phrase For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifi
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Directive 2009/148/EC Article 2 – point f a (new) (fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Directive 2009/148/EC Article 3 (2a) Article 3 is replaced by the following: “Article 3 1. This Directive shall apply 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. 2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk must be assessed in such a way as to determine the nature and degree of the workers’ exposure to dust arising from asbestos or materials containing asbestos.
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Directive 2009/148/EC Article 3 – paragraph 1 (2a) Article 3, paragraph 1 is replaced by the following: "This Directive shall apply to all activities in which workers are or may be exposed knowingly or unknowingly in the course of their work to dust arising from asbestos or materials containing asbestos.
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Directive 2009/148/EC Article 3 – paragraph 3 Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Directive 2009/148/EC Article 3 – paragraph 3 Amendment 86 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Directive 2009/148/EC Article 3 – paragraph 4 (2a) Article 3, paragraph 4 is replaced by the following: 4. Member States shall, following consultation with representatives from both sides of industry, in accordance with national law and practice,
Amendment 87 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Directive 2009/148/EC Article 3 – paragraph 4 Amendment 88 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 c (new) Directive 2009/148/EC Article 3 – paragraph 4 Amendment 89 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Directive 2009/148/EC Article 4 – paragraph 3 (2b) In Article 4, paragraph 3 is replaced by the following: "3. The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of: (a) the location of the worksite and the specific areas in which the work will be carried out; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved, a list of the workers likely to be assigned to the site, the individual certificates proving their competence and the training received, and the dates of the mandatory medical visits; (e) the starting date and duration of the work and the planned working hours; (f) measures taken to limit the exposure of workers to asbestos
Amendment 90 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 d (new) Directive 2009/148/EC Article 4 – paragraph 3 – subparagraph 2 a (new) Amendment 91 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 b (new) Directive 2009/148/EC Article 5 – paragraph 2 Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 c (new) Directive 2009/148/EC Article 5 – paragraph 2 a (new) (2c) In Article 5, the following paragraph is added: “Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be sealed or covered. Asbestos- containing materials which are not removed shall be identified, registered and regularly monitored.”
Amendment 93 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 e (new) Directive 2009/148/EC Article 5 – paragraph 2 a (new) Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Directive 2009/148/EC Article 6 – paragraph 1 – point b (b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Directive 2009/148/EC Article 7 – paragraph 1 (3a) In Article 7, paragraph 1 is replaced by the following "Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.001 fibres per cm³ a
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Directive 2009/148/EC Article 10 – paragraph 1 (5a) Article 10, paragraph 1 is replaced by the following: "1. Where the limit value laid down in Article 8 is exceeded,
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Directive 2009/148/EC Article 11 – paragraph 1 – introductory part Before beginning demolition
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 a (new) Directive 2009/148/EC Article 12 – paragraph 1 – introductory part (6a) In Article 12 paragraph 1, the introductory part is replaced by the following: "In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded
source: 742.553
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History
(these mark the time of scraping, not the official date of the change)
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https://www.europarl.europa.eu/doceo/document/A-9-2023-0160_EN.html
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https://www.europarl.europa.eu/doceo/document/A-9-2023-0160_EN.html
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