Directive 2004/37 - Protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) - Main contents
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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 or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2004/37 |
| Original proposal | COM(1999)152 |
| CELEX number i | 32004L0037 |
| Document | 29-04-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; Special edition in Romanian: Chapter 05 Volume 007,Special edition in Croatian: Chapter 05 Volume 004,Special edition in Polish: Chapter 05 Volume 005,Special edition in Maltese: Chapter 05 Volume 005,Special edition in Czech: Chapter 05 Volume 005,Special edition in Latvian: Chapter 05 Volume 005,Special edition in Lithuanian: Chapter 05 Volume 005,Special edition in Slovak: Chapter 05 Volume 005,OJ L 158, 30.4.2004,Special edition in Hungarian: Chapter 05 Volume 005,Special edition in Bulgarian: Chapter 05 Volume 007,Special edition in Estonian: Chapter 05 Volume 005,Special edition in Slovenian: Chapter 05 Volume 005 |
| Effect | 20-05-2004; Entry into force Date pub. + 20 See Art 21 |
| Deadline | 11-07-2022; At the latest See Art 18a.2 31-12-2022; At the latest See Art 18a.3 And 18a.5 30-06-2024; At the latest See Art 18a.8 31-12-2024; At the latest See Art 18a.7 05-04-2025; At the latest See Art 18a.4 09-04-2026; See Art 18a.9 And 18a.11 09-04-2029; At the latest See Art 18a.10 |
| End of validity | 31-12-9999 |
| Transposition | 31-12-1992; At the latest See Art 20 27-06-2000; See Art 20 29-04-2003; See Art 20 |
30.4.2004 |
EN |
Official Journal of the European Communities |
L 158/50 |
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 or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)
(codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (3) has been substantially amended several times (4). In the interests of clarity and rationality, the said Directive should therefore be codified. |
(2) |
Compliance with the minimum requirements designed to guarantee a better standard of health and safety as regards the protection of workers from the risks related to exposure to carcinogens or mutagens at work is essential to ensure the health and safety of workers and is also intended to provide a level of minimum protection for all workers in the Community. |
(3) |
This Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5). Therefore the provisions of that Directive are fully applicable to the exposure of workers to carcinogens or mutagens, without prejudice to more stringent and/or specific provisions contained in this Directive. |
(4) |
A consistent level of protection from the risks related to carcinogens or mutagens has to be established for the Community as a whole and that level of protection has to be set not by detailed prescriptive requirements but by a framework of general principles to enable Member States to apply the minimum requirements consistently. |
(5) |
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. |
(6) |
Because of their mechanism of action, germ cell mutagens are likely to have carcinogenic effects. |
(7) |
Annex VI to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (6) contains the classification criteria and labelling procedures in respect of each substance. |
(8) |
Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (7) contains particulars on the classification criteria and labelling procedures in respect of such preparations. |
(9) |
In all work situations workers must be protected in respect of preparations containing one or more carcinogens or mutagens and from carcinogenic or mutagenic compounds arising at work. |
(10) |
For some agents it is necessary to consider all absorption pathways, including the possibility of... |
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