Directive 1987/217 - Prevention and reduction of environmental pollution by asbestos - Main contents

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Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos

Official Journal L 085 , 28/03/1987 P. 0040 - 0045

Finnish special edition: Chapter 15 Volume 7 P. 0211

Swedish special edition: Chapter 15 Volume 7 P. 0211

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COUNCIL DIRECTIVE

of 19 March 1987

on the prevention and reduction of environmental pollution by asbestos

(87/217/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas successive action programmes of the European Communities (4) on the environment emphasize the importance of preventing and reducing environmental pollution; whereas in this context asbestos has been listed among the first-category pollutants to be investigated on the grounds of their toxicity and of their potentially serious effects on human health and the environment;

Whereas Council Directive 83/478/EEC (5) inserted in Directive 76/769/EEC (6), as last amended by Directive 85/467/EEC (7), provisions restricting the marketing and use of crocidolite (blue asbestos) and products containing crocidolite fibres and special provisions concerning the labelling of products containing asbestos;

Whereas Council Directive 83/477/EEC (8) lays down provisions on the protection of workers from the risks related to exposure to asbestos at work;

Whereas Directive 84/360/EEC (9), lays down provisions on the combating of air pollution from industrial plants;

Whereas Member States should take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as possible, reduced at source or prevented;

Whereas it is appropriate to allow a sufficient period of time for the application of these measures to existing plants;

Whereas Member States should have the possibility, whilst respecting the provisions of the Treaty, to introduce more stringent provisions in order to protect health and the environment;

Whereas disparities between the provisions in force or being amended in the Member States as regards the control of pollution from industrial plants can create unequal conditions of competition and thereby directly affect the functioning of the common market; whereas it is therefore necessary to approximate legislation in this field pursuant to Article 100 of the Treaty;

Whereas reducing pollution by asbestos serves to further one of the Community's objectives regarding the protection and improvement of the environment; whereas, however, specific powers for this purpose are not expressly provided for in the Treaty and Article 235 must therefore also be invoked,

HAS ADOPTED THIS DIRECTIVE:

Article 1

• 1. 

  The objective of this Directive is to lay down measures and to supplement provisions already in force, with a view to preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment.

• 2. 

  This Directive shall be applied without prejudice to the provisions laid down by Directive 83/477/EEC.

Article 2

For the purpose of this Directive:

• 1. 

  Asbestos means the following fibrous silicates:

• - 

  crocidolite (blue asbestos),

• - 

  actinolite,

• - 

  anthophyllite,

• - 

  chrysotile (white asbestos),

• - 

  amosite (brown asbestos),

• - 

  tremolite.

• 2. 

  Raw asbestos means:

the product resulting from the primary crushing of asbestos ore.

• 3. 

  Use of asbestos means:

activities which involve the handling of a quantity of more than 100 kilograms of raw...

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