Legal provisions of COM(1998)170 - Amendment of Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work

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dossier COM(1998)170 - Amendment of Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work.
document COM(1998)170 EN
date April 29, 1999


Contents

Article 1

Directive 90/394/EEC is hereby amended as follows:

1. Article 1(4) shall be replaced by the following: '(4) As regards asbestos, which is dealt with by Directive 83/477/EEC(8) the provisions of this Directive shall apply when they are more favourable to health and safety at work.';

2. in Article 2, the following point shall be inserted after (a): "(aa) mutagen means:

(i) a substance which meets the criteria for classification as a category 1 or 2 mutagen set out in Annex VI to Directive 67/548/EEC;

(ii) a preparation composed of one or more substances referred to in (i) where the concentration of one or more of the individual substances meets the requirements for concentration limits for the classification of a preparation as a category 1 or 2 mutagen set out in either:

- Annex I to Directive 67/548/EEC, or

- 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 it without concentration limits;";

3. In Article 1(1), Article 3(1), (2), first and second indents, and (4), Article 5(5)(c), (d), (e) and (j), Article 6(a) and (b), Article 10(1), introductory wording, and point (a), Article 11(2), Article 14(3), Article 16(1) and Article 17(2), the word 'carcinogens' shall be replaced by 'carcinogens or mutagens';

4. in Article 2(b), Article 4(1), Article 5(2) and (5), heading and point (a), the word 'carcinogen' shall be replaced by 'carcinogen or mutagen';

5. in Annex I the following section shall be added: "5. Work involving exposure to hardwood dusts(9).;";

6. in Annex III, Part A shall be replaced by the following: "A. LIMIT VALUES FOR OCCUPATIONAL EXPOSURE

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Article 2

Directive 78/610/EEC shall be repealed with effect from 29 April 2003.

Article 3

On the basis of the latest available scientific data, the Commission may within two years of the date of the adoption of this Directive, submit a proposal to the Council for the adoption of revised limit values for vinyl chloride monomer and hardwoods dusts in accordance with Article 118a of the Treaty.

Article 4

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 29 April 2003. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field governed by this Directive.

Article 5

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 6

This Directive is addressed to the Member States.