Legal provisions of COM(1995)425 - 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(1995)425 - Amendment of Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work.
document COM(1995)425 EN
date June 27, 1997


Contents

Article 1

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

1. in Article 1, the following paragraph shall be added:

'4. As regards asbestos and vinyl chloride monomer, which are dealt with by specific Directives, the provisions of this Directive shall apply when they are more favourable to safety and health at work.`;

2. Article 2 shall be replaced by the following:

'Article 2

For the purposes of this Directive,

(a) 'carcinogen' means:

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

(ii) a preparation composed of one or more substances referred to in point (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 carcinogen 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 it without concentration limits;

(iii) a substance, preparation or process referred to in Annex I as well as a substance or preparation released by a process referred to in Annex I;

(b) 'limit value' means, unless otherwise specified, the limit of the time-weighted average of the concentration for a 'carcinogen' in the air within the breathing zone of a worker in relation to a specified reference period as set out in Annex III.`;

3. Article 3 (3) shall be replaced by the following:

'3. Furthermore, when assessing the risk, account shall be taken of all other routes of exposure, such as absorption into and/or through the skin`.

4. in Article 5, the following paragraph shall be inserted after paragraph 3:

'4. Exposure shall not exceed the limit value of a carcinogen as set out in Annex III.`

Former paragraph 4 shall become paragraph 5.

5. item 2 of Annex I shall be replaced by the following:

'2. Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot, coal tar or coal pitch`.

6. Part A of Annex III shall be replaced by the following:

'A. LIMIT VALUES FOR OCCUPATIONAL EXPOSURE

>TABLE>

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 27 June 2000. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, 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 texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive is addressed to the Member States.