2022/0298(COD) | [ParlTrack]

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Recital 15

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Recital 15 a (new)

Amendment 105 #

Proposal for a directive
Recital 15 a (new)

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Recital 15 b (new)

Amendment 110 #

Proposal for a directive
Recital 15 b (new)

Amendment 111 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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)

Amendment 115 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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)

(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 and fluoro-edenite should be included within the scope of that Directive.

Amendment 117 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Recital 15 e (new)

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Recital 15 f (new)

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 #

Joanna KOPCIŃSKA

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 ~~two~~five years of the date of its entry into force.

Amendment 129 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 classifiedcation as carcinogens 1A or 1B according to Regulation (EC) 1272/2008*:

Amendment 130 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/148/EC
Article 2

Amendment 131 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2009/148/EC
Article 2

Amendment 132 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 ~~in the course of their work~~knowingly or unknowingly to dust arising from asbestos or materials containing asbestos."

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 ~~in the course of their work~~knowingly or unknowingly to dust arising from asbestos or materials containing asbestos."

Amendment 138 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)

Directive 2009/148/EC
Article 3 – paragraph 3

3. Provided that worker exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves: (a) maintenance activities in which only non- friable materials are handled; (b) non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) asbestos-containing materials which are in good condition; (d) the collection of samples to ascertain whether a specific material contains asbestos.(3b) In Article 3, paragraph 3 is deleted. short, non-continuous removal without deterioration of encapsulation or sealing of air monitoring and control, and

Amendment 139 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

Directive 2009/148/EC
Article 3 – paragraph 3

3. sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves: (a) maintenance activities in which only non- friable materials are handled; (b) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) encapsulation or sealing of asbestos-containing materials which are in good condition; (d) the collection of samples to ascertain whether a specific material contains asbestos.(2b) In Article 3, paragraph 3 is deleted. Provided that worker exposure is short, non-continuous air monitoring and control, and

Amendment 140 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)

Directive 2009/148/EC
Article 3 – paragraph 3

3. sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves: (a) maintenance activities in which only non- friable materials are handled; (b) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) asbestos-containing materials which are in good condition; (d) the collection of samples to ascertain whether a specific material contains asbestos.(2b) In Article 3, paragraph 3 is deleted. Provided that worker exposure is short, non-continuous encapsulation or sealing of air monitoring and control, and

Amendment 141 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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

Directive 2009/148/EC
Article 3 – paragraph 3

~~3. Provided that worker exposure is sporadic and of~~ In Article 3, paragraph 3 is replaced by the follow in~~tensity, and if it is clear from the results~~g: "3. By entry into force of th~~e r~~isk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves: (a) maintenance activities in which only non- friable materials are handled; (b) non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (c) asbestosmending directive, the Commission shall, in consultation with the Advisory Committee on Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses." short, non-contain~~ing materi~~uous removals w~~hich are in good condition; (d) the collection of samples to ascertain whether a specific material contains asbestos.~~ithout deterioration of encapsulation or sealing of air monitoring and control, and

Amendment 142 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)

Directive 2009/148/EC
Article 3 – paragraph 4

4. Member States shall, following consultation with representatives from both sides of industry, in accordance with national law and practice, lay down practical guidelines for the determination of sporadic and low-intensity exposure, as provided for in paragraph 3(2c) In Article 3, paragraph 4 is deleted.

Amendment 143 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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

4. consultation with representatives from both sides of industry, in accordance with national law and practice, lay down practical guidelines for the determination of sporadic and low-intensity exposure, as provided for in 3.(3c) In Article 3, paragraph 4 is deleted. Member States shall, following

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 ~~must~~shall 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;~~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; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal; (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste."

Amendment 146 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 ~~must~~shall 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; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal; (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste.” Or. en (See wording of Article 4(3) of Directive 2009/148/EC)

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 ~~must~~shall 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.; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste. "

Amendment 148 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 ~~must~~shall 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. ; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal; (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste."

Amendment 149 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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)

-(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 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 156 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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

Amendment 159 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 160 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 2009/148/EC
Article 6 – paragraph 1 – point b

Amendment 161 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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)

Amendment 163 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2009/148/EC
Article 6 – paragraph 1 – point b a (new)

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 ~~regularly.~~during the specific operational phases and at regular intervals during the work process."

Amendment 166 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 2009/148/EC
Article 7 – paragraph 1

Amendment 167 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 ~~regularly.~~ during the specific operational phases and at regular intervals during the work process."

Amendment 168 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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

Amendment 172 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 ~~must~~shall be such that representative exposure can be established for a~~n 8-hour reference period (one shift) by means of measurements or time-weighted calculation~~ll operations in all their different phases carried out during the work process."

Amendment 173 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)

Directive 2009/148/EC
Article 7 – paragraph 5

Amendment 174 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 ~~must~~shall be such that representative exposure can be established for a~~n 8-hour reference period (one shift) by means of measurements or time- weighted calculation~~ll operations in all their different phases carried out during the work process."

Amendment 175 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 ~~phase-contrast~~electron microscopey (PCEM) ~~in accordance with~~ and, wherever possible, any other method ~~recommended in 1997 by the World Health Organization (WHO)* or, whe~~giving equivalent or better results. For the purposes of ensuring compliance with the measures on fibre counting revfer ~~possible, any other method giving equivalent or better results, such as a method based on electron microscopy (EM)~~red to in this Article, the Commission shall support Member States by providing appropriate technical guidance, including on the technical transition from phase- contrast microscopy to electron microscopy, and information on relevant Union funds which can be used to support that transition.

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 ~~phase-contrast microscope (PCM) in accord~~electron microscopy or any other method giving equivalent or better results. For the purposes of ensuring compliance with the me~~thod~~ asures on fibre co~~mmended 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 (EM)~~unting referred to in this Article, the Commission shall support Member States by providing appropriate technical guidance, including on the technical transition from phase- contrast microscopy to electron microscopy, and information on relevant Union funds which can be used to support that transition.

Amendment 177 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2009/148/EC
Article 7 – paragraph 6 – subparagraph 1

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 ~~wherever possible by phase-contrast microscope (PCM) in accord~~by electron microscopy or any other method giving equivalent or better results. For the purposes of ensuring compliance with the me~~thod~~ asures on fibre co~~mmended in 1997 by the World Health Organization (WHO) (2) or any other method giving equivalent results.~~unting referred to in this Article, the Commission shall support Member States by providing appropriate technical guidance, including on the technical transition from phase-contrast microscopy to electron microscopy, and information on relevant Union funds which can be used to support that transition."

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 cm³3 (1 000 fibres per m3) as an 8-hour time- weighted average (TWA).

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 ~~(TWA)~~.

Amendment 182 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 cm³3 (1.000 fibres per m3) as an 8-hour time- weighted average ~~(TWA)~~.

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)

Directive 2009/148/EC
Article 10 – paragraph 1

~~1. Where the limit value laid down in Article 8 is exceeded, t~~(6h) In Article 10, paragraph 1 is replaced by the following: "1. Where the limit value laid down in Article 8 is exceeded, or if there is reason to believe that asbestos-containing materials which are not identified prior to the work have been disturbed so as to generate dust, work shall stop immediately. The reasons for the limit being exceeded ~~must~~shall then be identified and appropriate measures to remedy the situation must be taken as soon as possible. Work ~~may~~shall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned."

Amendment 186 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)

Directive 2009/148/EC
Article 10 – paragraph 1

~~1. Where the limit value laid down in Article 8 is exceeded, t~~(5a) In Article 10, paragraph 1 is replaced by the following: "1. Where the limit value laid down in Article 8 is exceeded, or if there is reason to believe that asbestos-containing materials which are not identified prior to the work have been disturbed so as to generate dust, work shall stop immediately. The reasons for the limit being exceeded ~~must~~shall then be identified and appropriate measures to remedy the situation must be taken as soon as possible. Work ~~may~~shall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. "

Amendment 187 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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

~~1. Where the limit value laid down in Article 8 is exceeded, t~~(5a) Article 10, paragraph 1 is replaced by the following: "1. Where the limit value laid down in Article 8 is exceeded, or if there is reason to believe that asbestos-containing materials which are not identified prior to the work have been disturbed so as to generate dust, work shall stop immediately. The reasons for the limit being exceeded ~~must~~shall then be identified and appropriate measures to remedy the situation must be taken as soon as possible. Work ~~may~~shall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned."

Amendment 189 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2009/148/EC
Article 11 – paragraph 1

Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos- containing materials. or renovation works on premises built before the year in which the national asbestos ban entered into force, the employer shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The premises shall be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening shall be conducted by a qualified and certified operator or authority, taking into account Articles 14 and 15 of this Directive, and the national building law provisions. Such screening shall, where available, be based on information from public asbestos registries. This shall by no means replace the employers’ duty to carry out a comprehensive risk assessment.

Amendment 190 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2009/148/EC
Article 11 – paragraph 1

Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos- containing materials or renovation works on premises built before the year in which the national asbestos ban entered into force, the employer shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The premises shall be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening shall be conducted by a qualified and certified operator or authority, taking into account Articles 14 and 15 of this Directive, and the national building law provisions. Such screening shall, where available, be based on information from public asbestos registries. This shall by no means replace the employers’ duty to carry out a comprehensive risk assessment.

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, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos- containing materials or renovation works on premises built before the year in which the national asbestos ban entered into force, the employer shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The premises shall be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening shall be conducted by a qualified and certified operator or authority, taking into account Articles 14 and 15 of this Directive, and the national building law provisions. Such screening shall, where available, be based on information from public asbestos registries. This shall by no means replace the employers’ duty to carry out a comprehensive risk assessment.

Amendment 192 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2009/148/EC
Article 11 – paragraph 1

Before beginning demolition or, maintenance work or renovation works on premises built before the year in which the national asbestos ban entered into force, employers shall take, ~~if appropriate~~ by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos-containing materials.

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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, ~~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 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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 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 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; and (d) 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. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out."

Amendment 205 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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. and ventilation of air from asbestos removal sites into enclosed spaces shall not be allowed."

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 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ

Proposal for a directive
Article 1 – paragraph 1 – point 6 e (new)

Directive 2009/148/EC
Article 12 – paragraph 2 a (new)

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)

Directive 2009/148/EC
Article 13 – paragraph 1

~~1. A plan of work shall be drawn up before demolition work or work on removing asbestos and/or asbestos- containing products from buildings, structures, plant or installations or from ship~~(6c) In Article 13, paragraph 1 is replaced by the following: "1. A plan of work shall be drawn up before any work in relation to asbestos is started."

Amendment 212 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Article 1 – paragraph 1 – point 6 f (new)

Directive 2009/148/EC
Article 13 – Paragraph 1

~~1. A plan of work shall be drawn up before demolition work or work on removing asbestos and/or asbestos- containing products from buildings, structures, plant or installations or from ship~~(6f) Article 13, paragraph 1 is replaced by the following: "1. A plan of work shall be drawn up before any work in relation to asbestos is started."

Amendment 213 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 ~~demolition work or~~any work oin re~~moving asbestos and/or asbestos-containing products from buildings, structures, plant or installations or from ship~~lation to asbestos is started."

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 ~~must~~shall be easily understandable for workers. It ~~must~~shall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards: (a) the properties of asbestos and its effects on health, including the synergistic effect of smoking; (b) the types of products or materials likely to contain asbestos; (c) the operations that could result in asbestos exposure and the importance of preventive controls to minimise exposure; (d) safe work practices, controls and protective equipment; (e) the appropriate role, choice, selection, limitations and proper use of respiratory equipment; (f) emergency procedures; (g) decontamination procedures; (h) waste disposal; (i) medical surveillance requirements.in accordance with the national law and practice applicable where the work takes place."

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 ~~must~~shall be easily understandable for workers. It ~~must~~shall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, ~~particularly as regards: (a) effects on health, including the synergistic effect of smoking; (b) likely to contain asbestos; (c)~~in accordance with the national law and practice applicable where the work takes place.” the properations that could result in asbestos exposure and the importance of preventive controls to minimise exposure; (d) protective equipment; (e) selection, limitations and proper use of respiratory equipment; (f) emergency procedures; (g) decontamination procedures; (h) waste disposal; (i) medical surveillance requirements.es of asbestos and its the types of products or materials safe work practices, controls and the appropriate role, choice,

Amendment 216 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 ~~must~~shall be easily understandable for workers. It ~~must~~shall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards: (a) effects on health, including the synergistic effect of smoking; (b) likely to contain asbestos; (c) asbestos exposure and the importance of preventive controls to minimise exposure; (d) protective equipment; (e) selection, liin accordance with the national law and practice applicable where the work takes place." the properties of asbestos and its the types of products or materials the operations that could result in safe work practices, controls and the appropriate role, choice, emergency procedures; decontamitnation~~s and proper use of respiratory~~ procedures; waste disposal; medical surveillance requiprement~~; (f) (g) (h) (i)~~s.

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 ~~must~~shall be easily understandable for workers. It ~~must~~shall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, ~~particularly as regards: (a) effects on health, including the synergistic effect of smoking; (b) likely to contain asbestos; (c)~~in accordance with the national law and practice applicable where the work takes place. " the properati~~ons that could result in asbestos exposure and the importance of preventive controls to minimise exposure; (d) protective equipment; (e) selection, li~~es of asbestos and its the types of products or materials safe work practices, controls and the appropriate role, choice, emergency procedures; decontamitnation~~s and proper use of respiratory~~ procedures; waste disposal; medical surveillance requiprement~~; (f) (g) (h) (i)~~s.

Amendment 218 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)

Directive 2009/148/EC
Article 14 – paragraph 3

~~3. Practical guidelines for the training of asbestos removal workers shall be developed at Community level.~~(6h) In Article 14, paragraph 3 is replaced by the following: "3. The minimum requirements with regard to the content, duration, intervals, and documentation of the training provided pursuant to this Article shall be specified in Annex Ia."

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

~~3. Practical guidelines for the training of asbestos removal workers shall be developed at Community level.~~(6h) In Article 14, paragraph 3 is replaced by the following: “3. The minimum requirements with regard to the content, duration, intervals, and documentation of the training provided pursuant to this Article shall be specified in Annex Ia."

Amendment 221 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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

~~3. Practical guidelines for the training of asbestos removal workers shall be developed at Community level.~~(6h) Article 14, paragraph 3 is replaced by the following: "3. The minimum requirements with regard to the content, duration, intervals, and documentation of the training provided pursuant to this Article shall be specified in Annex Ia."

Amendment 223 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6 f (new)

Directive 2009/148/EC
Article 15 – paragraph 1

~~1. Before~~(6f) In Article 15, paragraph 1 is replaced by the following: "1. Undertakings which intend to carry~~ing~~ out demolition or asbestos removal work~~, firms must provide evidence of their ability in this field. The evidence shall be established in accordance with national laws and/or practice.~~ shall be required to obtain, before the start of work, a permit from the competent authority. Competent authorities shall grant such permits only if the applicant undertaking provides proof of adequate state-of-the-art technical equipment for emission-free or, where this is not yet technically possible, low-emission work procedures in line with the requirements of Article 6, and training certificates for the individual workers in accordance with Article 14 and Annex Ia."

Amendment 224 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

Proposal for a directive
Article 1 – paragraph 1 – point 6 i (new)

Directive 2009/148/EC
Article 15 – paragraph 1

~~1. Before~~(6i) In Article 15, paragraph 1 is replaced by the following: "1. Undertakings which intend to carry~~ing~~ out demolition or asbestos removal work~~, firms must provide evidence of their ability in this field. The evidence shall be established in accordance with national laws and/or practice.~~ shall be required to obtain, before the start of work, a permit from the competent authority. Competent authorities shall grant such permits only if the applicant undertaking provides proof of adequate state-of-the-art technical equipment for emission-free or, where this is not yet technically possible, low-emission work procedures in line with the requirements of Article 6, and training certificates for the individual workers in accordance with Article 14 and Annex Ia."

Amendment 225 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 i (new)

Directive 2009/148/EC
Article 15 – paragraph 1

~~1. Before~~(6i) Article 15, paragraph 1 is replaced by the following: "1. Undertakings which intend to carry~~ing~~ out demolition or asbestos removal work~~, firms must provide evidence of their ability in this field. The evidence shall be established in accordance with national laws and/or practice.~~ shall be required to obtain, before the start of work, a permit from the competent authority. Competent authorities shall grant such permits only if the applicant undertaking provides proof of adequate state-of-the-art technical equipment for emission-free or, where this is not yet technically possible, low-emission work procedures in line with the requirements of Article 6, and training certificates for the individual workers in accordance with Article 14 and Annex Ia."

Amendment 226 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 i (new)

Directive 2009/148/EC
Article 15 – paragraph 1

~~1. Before~~(6i) In Article 15, paragraph 1 is replaced by the following: “1. Undertakings which intend to carry~~ing~~ out demolition or asbestos removal work~~, firms must provide evidence of their ability in this field. The evidence shall be established in accordance with national laws and/or practice.~~ shall be required to obtain, before the start of work, a permit from the competent authority. Competent authorities shall grant such permits only if the applicant undertaking provides proof of adequate state-of-the-art technical equipment for emission-free or, where this is not yet technically possible, low-emission work procedures in line with the requirements of Article 6, and training certificates for the individual workers in accordance with Article 14 and Annex Ia.”

Amendment 227 #

Marianne VIND, Agnes JONGERIUS, Estrella DURÁ FERRANDIS, Vilija BLINKEVIČIŪTĖ, Ilan DE BASSO, Milan BRGLEZ, Aurore LALUCQ, Daniela RONDINELLI, Carina OHLSSON

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

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 #

Nikolaj VILLUMSEN, Leila CHAIBI, Eugenia RODRÍGUEZ PALOP, Marc BOTENGA

Proposal for a directive
Article 1 – paragraph 1 – point 6 j (new)

Directive 2009/148/EC
Article 15 – paragraph 1 a (new)

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 #