Amended proposal for a Council Directive amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work
16. 12. 98 EN Official Journal of the European Communities C 392/11 II (Preparatory Acts) COMMISSION time Directive Amended proposal for a Council Directive amending for 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at workØ(˛) the second (98/C 392/09) (Text with EEA relevance) COM(1998) 665 final - 98/0093(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 13 November 1998) (˛) OJ C 123, 22. 4. 1998, S. 21. INITIAL PROPOSAL AMENDED PROPOSAL THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 118A thereof, Having regard to Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to carcinogens at workØ(˛), as amended for the first time by Directive 97/42/ECØ(ˇ), to exposure Having regard to the proposal from the Commission, drawn up following consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure referred to in Article 189c of the Treaty Whereas Article 118A of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health of workers; imposing administrative, financial and Whereas, under the terms of Article, such directives are to avoid legal constraints in a way which would hold back the creation and development of small and medium sized underÜ takings, (˛) OJ L 196, 26. 7. 1990, p. 1. (ˇ) OJ L 179, 8. 7. 1997, p. 4. C 392/12 EN Official Journal of the European Communities 16. 12. 98 INITIAL PROPOSAL AMENDED PROPOSAL Whereas germ cell mutagens are substances that can cause a permanent change in the amount or structure of the genetic material of a cell resulting in a change in the phenotypic characteristics of that cell, which may be transferred to descendent daughter cells; Whereas because of their mechanism of action germ cell mutagens are likely to have carcinogenic effects; Whereas vinyl chloride monomer category 1 67/548/EEC; carcinogen is classified as a under Council Directive Whereas, for the sake of consistency and clarity, the essential provisions of Council Directive 78/610/EEC on the approximation of the laws, regulations and adminisÜ trative provisions of the Member States on the protection of health and safety of workers exposed to vinyl chloride monomer should be included in this Directive, without reducing the level of protection of the health and safety of workers; Whereas Council Directive 78/610/EEC can be repealed after the entry into force of this Directive; Whereas the carcinogenicity of oak and beech dusts has been confirmed in epidemiological studies on workers exposed; whereas, a large number of workers are exposed to a potential health risk; Whereas the carcinogenicity of oak and beech dusts has been confirmed in epidemiological studies on workers exposed; whereas it is highly probable, that other types of hardwood dust can also cause cancer in humans; whereas therefore many workers are exposed to a serious potential risk of developing cancer; Whereas the precautionary principle should be applied in the protection of workers’ health; whereas therefore Directive 90/394/EEC should be extended to cover all types of hardwood dusts; whereas further research is desirable in to the carcinogeÜ nicity of other woods dusts; whereas the Commission is to bring forward proposals to protect the health of workers where a risk is identified; Whereas Article 16 of Directive 90/394/EEC makes provision for the establishment of exposure limit values in respect of all carcinogens for which this is possible, on the basis of the available information, including scientific and technical data; 16. 12. 98 EN Official Journal of the European Communities C 392/13 INITIAL PROPOSAL AMENDED PROPOSAL Whereas workers must be effectively protected from the risks of developing cancer as a result of occupational exposure to wood dust; whereas the objective of this Directive is not to restrict the use of wood either by replacing wood with other materials or by replacing the use of certain type of wood with other types of wood; Whereas it is appropriate to fix such limit values for wood dust; whereas the current limit values for vinyl chloride monomer should be reduced to reflect best minimum standards for technological practices which reflect feasibility factors while maintain the aim of ensuring the health of workers at work; Whereas the respect of the minimum requirements on the protection of health and safety of workers from the specific risks related to carcinogens aims not only to ensure the protection of the health and safety of each individual worker but also to provide a level of minimum protection of all workers in the Community; Whereas a consistent level of protection from the risks related to carcinogens has to be established for the Community as a whole and whereas that level of protection has to be set by a framework of general prinÜ ciples to enable Member States to apply the minimum requirements consistently; Whereas this amendment constitutes a practical aspect of the realisation of the social dimension of the internal market; to Decision 74/325/EECØ(˛), Whereas, pursuant the Advisory Committee on Safety, Hygiene and Health Protection at Work the Commission with a view to drawing up proposals in this field, to be consulted by is HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 90/394/EEC, as amended for the first time by Directive 97/42/EC, is hereby amended as follows: 1. Article 1. 4 shall be replaced by the following: "As regards asbestos, which is dealt with by a specific Directive, the provisions of this Directive shall apply when they are more favourable to safety and health at work. ’ (˛) OJ L 185, 9. 7. 1974, p. 15. Decision as last amended as a result of the 1994 Act of Accession. C 392/14 EN Official Journal of the European Communities 16. 12. 98 INITIAL PROPOSAL AMENDED PROPOSAL 2. Items 5 to 7 shall be added to Annex I "5. Work involving exposure to wood dusts from the "5. Work involving exposure to all hardwood dusts. following species: beech and oak. 6. A substance which meets the criteria for classifiÜ cation as a category 1 or 2 mutagen set out in Annex VI to Directive 67/548/EEC; 7. A preparation composed of one or more substances referred to in point (6) where the concentration of one or more of the individual substances meets the requirements for concenÜ tration limits for the classification of a preparation as a category 1 or 2 mutagen set out either: - in Annex I to Directive 67/548/EEC, or - in Annex I to directive 88/379/EEC where the substance or substances do not appear in Annex I to Directive 67/548/EEC or appear in its without concentration limits;’ 3. In part A of Annex III the following agent shall be added: Name of agent EINECSØ(˛) CASØ(ˇ) Limit values mg/m3 (—) ppmØ(Ñ) Notation Derogations Vinyl chloride monomer 200Ü831 75Ü01 4 7,77Ø(Ò) 3Ø(Ò) - - 3,88Ø(Ó) 1,5Ø(Ó) Wood (oak and beech) dust 5,0 Ø(Ô) Hardwood dust 5,0Ø(Ò)Ø(Ô)Ø(Õ) (˛) EINECS: European Inventory of Existing Chemical Substances. (ˇ) CAS: Chemical Abstract Service Number. (—) mg/m3 = milligrams per cubic metre of air at 20 ›C and 101,3 KPa (760 mm mercury pressure). (Ñ) ppm = parts per million by volume in air (ml/m3). (Ò) Measured or calculated in relation to a reference period of eight hours. (Ó) Overriding annual exposure limit measured or calculated as average value for one year. (Ô) Wood dust as total dust; it refers to that portion of dust that can possibly be inhaled. It is collected by a sampling device operating at an air intake velocity of 1,25 m/s n 10Ø%. (Õ) Where other wood dusts are present in the mixture, the limit value shall apply to all wood dusts in the mixture. 16. 12. 98 EN Official Journal of the European Communities C 392/15 INITIAL PROPOSAL AMENDED PROPOSAL Article 2 Directive 78/610/EEC on the approximation of the laws, regulations and administrative provisions on the protection of health of workers exposed to vinyl chloride monomer shall be repealed with effect from. Ø. Ø. Article 3 Article 3 On the basis of the latest available scientific data, the Commission may within five years of the date of this Directive present a proposal to the Council for the adoption of revised for vinyl chloride monomer and wood (oak and beech) dust in accordance with Article 118A of the Treaty. limit values On the basis of the latest available scientific data, the Commission may within two years of the date of the adoption of this Directive present a proposal to the Council for the adoption of revised limit values for vinyl chloride monomer and hard wood dust in accordance with Article 118A of the Treaty. Article 4 Article 4 1. ÚMember States shall bring laws, regulations and administrative provisions necessary to comply with this Directive not later than. Ø. Ø. They shall forthwith inform the Commission thereof. into force the When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accomÜ panied by such reference at the time of their official publication. The procedure for such reference shall be laid down by the Member States. 1. ÚMember States shall bring laws, regulations and administrative provisions necessary to comply with this Directive not later than. Ø. Ø. (3 years after adoption). They the shall Commission thereof. into force the forthwith inform 2. Ú Member the shall Commission the texts of the provisions of national law which they adopt in the field covered by this Directive. communicate States to Article 5 This Directive is addressed to the Member States