Annexes to COM(2022)489 - Amendment of Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work

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dossier COM(2022)489 - Amendment of Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.
document COM(2022)489 EN
date November 22, 2023
Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos). This Directive was repealed by the REACH Regulation (Regulation (EC) No 1907/2006 ( OJ L 396 , 30.12.2006 , p. 1), see its Annex XVII , entry 6 , on asbestos fibres ).
(14) OJ L 263, 24.9.1983, p. 25.
(15) Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).
(16) OJ L 158, 30.4.2004, p. 50 (Article 1(4)).
(17) Commission Communication A Renovation Wave for Europe – greening our buildings, creating jobs, improving lives (COM(2020) 662 final).
(18) External study, RPA, 2021. European Commission, Directorate-General for Employment, Social Affairs and Inclusion, Lassen, C., Christens, F., Vencovska, J., et al., Study on collecting information on substances with the view to analyse health, socio-economic and environmental impacts in connection with possible amendments of Directive 98/24/EC (Chemical Agents) and Directive 2009/148/EC (Asbestos): final report for asbestos, Publications Office, 2021, https://data.europa.eu/doi/10.2767/981554 .
(19) Germany, Denmark, France and the Netherlands.
(20) SWD(2017) 10 final .
(21) RAC, Opinion on scientific evaluation of occupational exposure limits for Asbestos (ECHA/RAC/A77-O-0000006981-66-01/F).
(22) OJ L 183, 29.6.1989, p. 1.
(23) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals. Available at: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32006R1907 .
(24) Commission Directive 1999/77/EC of 26 July 1999 adapting to technical progress for the sixth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (asbestos), repealed by the REACH Regulation (Regulation (EC) No 1907/2006 (OJ L 396. 30.12.2006. p. 1), see its Annex XVII, entry 6, on asbestos fibres).
(25) See footnote 22.
(26) Since 2022, the limit value for asbestos is 0.003 fibres/cm3 ( https://asbest-huset.dk/graensevaerdi/ ).
(27) Since 2017, asbestos fibres of the chrysotile type and amphibolic asbestos fibres, respectively, should not exceed 0.002 fibres/cm3.
(28) Since 2015, the OEL is 0.01 fibres/cm3, measured by transmission electron microscopy, thus including ‘thin asbestos fibres’.
(29) While the current binding OEL in Germany is 0.1 fibres/cm3, mandatory guidelines require measures that are considered to bring the exposure concentration below the ‘acceptance level’ (0.01 fibres/cm3) in practice.
(30) The acceptable risk is the additional cancer risk that is accepted, meaning that statistically, 4 out of 10,000 persons exposed to the substance throughout their working life will develop cancer. BAUA, National Asbestos Profile for Germany, 2014.
(31) SWD(2017) 10 final .
(32) European Trade Union Confederation and European Federation of Building and Woodworkers.
(33) For example, laying down technical minimum requirements to lower the concentration of asbestos fibres, representative sampling of workers’ personal exposure, and more.
(34) European Parliament resolution of 20 October 2021 with recommendations to the Commission on protecting workers from asbestos (2019/2182(INL), OJ C 184, 5.5.2022, p. 45).
(35) BusinessEurope, SMEunited (European Association of Crafts and SMEs) and European Construction Industry Federation.
(36) BusinessEurope and SMEunited.
(37) European Trade Union Confederation and European Federation of Building and Woodworkers.
(38) BusinessEurope, SMEunited, European Construction Industry Federation and Shipyards’ & Maritime Equipment Association of Europe.
(39) ACSH, Opinion on an EU Binding Occupational Exposure Limit Value (BOEL) for Asbestos under the Asbestos at Work Directive 2009/148/EC (Doc. 008-21), adopted on 24.11.2021 .
(40) RAC opinion. See footnote 21.
(41) See footnote 18.
(42) RAC opinion. See footnote 21.
(43) See footnote 3 9.
(44) Available at: https://ec.europa.eu/info/better-regulation-guidelines-and-toolbox_en .
(45) As close as possible to the future situation.
(46) Including mesothelioma and lung, laryngeal and ovarian cancer.
(47) See footnote 18.
(48) See footnote 18.
(49) The Waste Framework Directive (2008/98/EC) and the Landfill Directive (1999/31/EC), which address the environmentally sound management of asbestos waste, and the EU Construction & Demolition Waste Management Protocol and the Guidelines for the waste audits before demolition and renovation works of buildings, published by the Commission, which aim to assist businesses in the safe removal and management of asbestos.
(50) According to Article 2(1)(b) of Directive 2008/98/EC on waste, ‘buildings permanently connected with land’ are excluded from the scope of the Directive since they are not regarded as waste.
(51) In accordance with Annex III to Directive 2008/98/EC on waste and Decision 2000/532/EC on the list of waste.
(52) https://eur-lex.europa.eu/resource.html?uri=cellar:c51fe6d1-5da2-11ec-9c6c-01aa75ed71a1.0001.02/DOC_1&format=PDF  
(53) https://ec.europa.eu/energy/sites/ener/files/eu_renovation_wave_strategy.pdf
(54) https://www.technologyreview.com/2020/10/06/1009374/asbestos-could-be-a-powerful-weapon-against-climate-change-you-read-that-right/
(55) The planned revision of the AWD does not change the notification system. Lowering the OEL can indirectly increase costs for Member States and businesses if the number of notifications increases. This cost would rather be linked to how the AWD is currently implemented in the Member States (in relation to the notification system) than to an administrative obligation imposed by the OEL change.
(56) Eurostat, Jobs still split along gender lines.
(57) https://ec.europa.eu/eurostat/web/experimental-statistics/european-occupational-diseases-statistics  
(58) https://osha.europa.eu/en/facts-and-figures/workers-exposure-survey-cancer-risk-factors-europe . The survey will initially be carried out in a broadly representative selection of 6 Member States and cover 24 cancer risk factors, including asbestos, with the first findings expected in 2023.
(59) The campaign pursued several objectives, including raising awareness of the importance of preventing risks from dangerous substances, promoting risk assessment, heightening awareness of risks of exposure to carcinogens at work, or increasing knowledge of the legislative framework. It was carried out in 2018-2019. One of the features is a database of guidance and good practices available at https://osha.europa.eu/en/themes/dangerous-substances/practical-tools-dangerous-substances .
(60) 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 (OJ L 353, 31.12.2008, p. 1).
(61) OJ C 56, 16.2.2021, p. 63.
(62) Position of the European Parliament of XXXXX (not yet published in the Official Journal) and Decision of the Council of XXXXX.
(63) Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (Text with EEA relevance)OJ L 330, 16.12.2009, p. 28.
(64) Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).
(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.
(66) https://ec.europa.eu/health/system/files/2022-02/eu_cancer-plan_en_0.pdf
(67) Renovation Wave: doubling the renovation rate to cut emissions, boost recovery and reduce energy poverty, COM(2020) 662 final
(68) Conference on the Future of Europe. Report on the final outcome (May 2022). https://prod-cofe-platform.s3.eu-central-1.amazonaws.com/8pl7jfzc6ae3jy2doji28fni27a3?response-content-disposition=inline%3B%20filename%3D%22CoFE_Report_with_annexes_EN.pdf%22%3B%20filename%2A%3DUTF-8%27%27CoFE_Report_with_annexes_EN.pdf&response-content-type=application%2Fpdf&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIA3LJJXGZPDFYVOW5V%2F20220917%2Feu-central-1%2Fs3%2Faws4_request&X-Amz-Date=20220917T104038Z&X-Amz-Expires=300&X-Amz-SignedHeaders=host&X-Amz-Signature=6806caf5fd75a86ad4e907b934b2194de4c3c0c756a8d2a34c5e8b68985ffbde  
(69) Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (OJ C 218, 13.9.2003, p. 1).
(70) European Parliament resolution of 20 October 2021 with recommendations to the Commission on protecting workers from asbestos (2019/2182(INL)) (OJ C 184, 5.5.2022, p. 45.)