EC on the protection of workers from the risks related to exposure to asbestos at work - Main contents

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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
date	November 22, 2023

Article 1

Amendments to Directive 2009/148/EC

Directive 2009/148/EC is amended as follows:

(1)

in Article 1(1), the following subparagraph is added:

‘The provisions of Directive 2004/37/EC of the European Parliament and of the Council (*1) shall apply wherever they are more favourable to health and safety of workers at work.

(*1) 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).’;"

(2)

Article 2 is replaced by the following:

‘Article 2

For the purposes of this Directive, “asbestos” means the following fibrous silicates, which are classified as carcinogens 1A pursuant to Annex VI, Part 3, to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (*2):

(a)	asbestos, actinolite, CAS No (*3) 77536-66-4;

(b)	asbestos, amosite (grunerite), CAS No 12172-73-5;

(c)	asbestos, anthophyllite, CAS No 77536-67-5;

(d)	asbestos, chrysotile, CAS No 12001-29-5;

(e)	asbestos, crocidolite, CAS No 12001-28-4;

(f)	asbestos, tremolite, CAS No 77536-68-6.

(*2) 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)."

(*3) Number in the Chemical Abstract Service (CAS).’;"

(3)

Article 3 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, that risk shall be assessed in such a way as to determine the nature and degree of the workers’ exposure to dust arising from asbestos or materials containing asbestos and to prioritise removal of asbestos or materials containing asbestos over other forms of asbestos handling.’

;

(b)

in paragraph 3, the introductory part is replaced by the following:

‘3. Provided that worker exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 of this Article that the relevant limit value as laid down in Article 8 will not be exceeded in the air of the working area, Member States may derogate from Article 4 where the work involves:’

;

(4)

in Article 4(3), the second subparagraph is replaced by the following:

‘The notification shall include at least a brief description of:

(a)	the location of the worksite and, where relevant, the specific areas where the work is to be carried out;

(b)	the type and quantity of asbestos used or handled;

(c)	the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement;

(d)	the number of workers involved, a list of the workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health pursuant to Article 18;

(e)	the starting date and duration of the work;

(f)	measures taken, including an overview of the equipment used, to limit the exposure of workers to asbestos.

Member States shall ensure that the competent authorities keep the information referred to in point (d) of the second subparagraph, in accordance with national law, for no longer than necessary for the purpose of ensuring that workers who perform asbestos-related work are properly trained, having due regard to the long-term effects of asbestos on workers’ health.’;

(5)

Article 6 is replaced by the following:

‘Article 6

For all activities referred to in Article 3(1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work shall be reduced to a minimum and in any case to as low a level as is technically possible below the relevant limit value as laid down in Article 8, in particular through the following measures:

(a)	the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos shall be limited to the lowest possible figure;

(b)

work processes shall be designed so as not to produce asbestos dust or, if that proves to be impossible, to avoid the release of asbestos dust into the air by taking measures such as:

(i)	asbestos dust suppression;

(ii)	the suction of asbestos dust at source;

(iii)

the continuous sedimentation of asbestos fibres suspended in the air;

(ba)	workers shall be subject to an appropriate decontamination procedure;

(bb)	for work carried out under confinement, adequate protection shall be ensured;

(c)	all premises and equipment involved in the treatment of asbestos shall be capable of being regularly and effectively cleaned and maintained and subject to regular cleaning and maintenance;

(d)	asbestos or dust-generating materials containing asbestos shall be stored and transported in suitable sealed packing;

(e)

waste, other than waste arising from mining activities, shall be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos and shall then be dealt with in accordance with Directive 2008/98/EC of the European Parliament and of the Council (*4).

(*4) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).’;"

(6)

Article 7 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

‘1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the relevant limit value as laid down in Article 8, the measurement of asbestos fibres in the air at the place of work shall be carried out at regular intervals during specific operational phases.

2. Sampling shall reflect the personal exposure of the worker to dust arising from asbestos or materials containing asbestos.’

;

(b)	paragraph 5 is replaced by the following: ‘5. The duration of sampling shall be such that representative exposure can be established for an 8-hour reference period (one shift) by means of measurements or time-weighted calculations.’ ;

(c)	paragraph 6 is replaced by the following: ‘6. Fibre counting shall be carried out by electron microscopy or by any alternative method that provides equivalent or more accurate results.’ ;

(d)

the following paragraph is added:

‘7. For the purpose of measuring asbestos fibres in the air, as referred to in paragraph 1, only fibres with a length of more than 5 micrometres, a breadth of less than 3 micrometres and a length/breadth ratio greater than 3:1 shall be taken into consideration.

Notwithstanding the first subparagraph of this paragraph, fibres with a breadth of less than 0,2 micrometres shall also be taken into consideration for the purposes of Article 8(2), point (a), from 21 December 2029.’

;

(7)

Article 8 is replaced by the following:

‘Article 8

1. Until 20 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0,01 fibres per cm3 as an 8-hour time-weighted average (TWA).

2. From 21 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of:

(a)	0,01 fibres per cm3 as an 8-hour TWA in accordance with Article 7(7), second subparagraph; or

(b)	0,002 fibres per cm3 as an 8-hour TWA.

3. Member States shall ensure that employers are subject to at least one of the limit values set out in paragraph 2.’

;

(8)

Article 10 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. Where the relevant limit value as laid down in Article 8 is exceeded, or if there is reason to believe that materials containing asbestos which are not identified prior to the work have been disturbed so as to generate dust, work shall stop immediately.

Work shall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned.

Where the relevant limit value as laid down in Article 8 is exceeded, the reasons for the limit value being exceeded shall be identified and appropriate measures to remedy the situation shall be taken as soon as possible.’

;

(b)

paragraph 3 is replaced by the following:

‘3. Where exposure cannot be reduced by other means and where compliance with the limit value makes necessary the wearing of individual respiratory protective equipment, this shall not be permanent and shall be kept to the strict minimum necessary for each worker. During periods of work which require the use of such equipment, provision shall be made for regular breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and/or their representatives within the undertaking or establishment, in accordance with national law and practice.’

;

(9)

in Article 11, the first paragraph is replaced by the following:

‘Before beginning demolition, maintenance or renovation work on premises built before the entry into force of the Member State’s asbestos ban, employers shall take all necessary steps to identify presumed materials containing asbestos, in particular by obtaining information from the owners of premises, from other employers and from other sources, including relevant registers. If such information is not available, the employer shall ensure an examination, by a qualified operator in accordance with national law and practice, of the occurrence of materials containing asbestos and shall obtain the result of such examination before the start of the work. The employer shall make available to another employer, upon request and solely for the purpose of complying with the obligation laid down in this paragraph, any information obtained within the framework of such an examination.’;

(10)

in Article 12, the first paragraph is amended as follows:

(a)

the introductory part is replaced by the following:

‘In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the relevant limit value as laid down in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:’;

(b)

point (a) is replaced by the following:

‘(a)	workers shall be issued with suitable personal protective equipment to be worn, which shall be appropriately handled and, in particular with regard to respiratory equipment, which shall be individually adjusted, including through fitting checks, in accordance with Council Directive 89/656/EEC (*5);

(*5) Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 393, 30.12.1989, p. 18).’;"

(c)

point (c) is replaced by the following:

‘(c)	the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented, and for work performed under confinement, the enclosure shall be airtight and under mechanical extraction ventilation.’;

(11)

in Article 13(2), second subparagraph, point (c) is replaced by the following:

‘(c)	when the demolition or asbestos removal work has been completed, the absence of risks of exposure to asbestos at the place of work shall be verified in accordance with national law and practice before other activities resume.’;

(12)

Article 14 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2. The content of the training shall be easily understandable for workers. It shall enable them to acquire the necessary knowledge and skills in terms of prevention and safety in accordance with the national law and practice applicable where the work takes place.’

;

(b)	paragraph 3 is replaced by the following: ‘3. The minimum requirements with regard to the content, duration and frequency of the training provided pursuant to this Article and the documentation relating thereto are set out in Annex Ia.’ ;

(13)

Article 15 is replaced by the following:

‘Article 15

1. Undertakings that intend to carry out demolition or asbestos removal work shall obtain a permit from the competent authority before the start of the work. For that purpose, they shall provide that competent authority with at least proof of compliance with Article 6 and certificates indicating the completion of training in accordance with Article 14 and Annex Ia.

2. Member States shall make the list of undertakings that have obtained a permit pursuant to paragraph 1 publicly available, in accordance with national law and practice.’

;

(14)	in Article 18, paragraph 1 is deleted;

(15)

the following article is inserted:

‘Article 18c

1. The Commission shall assess, in the context of the next evaluation in accordance with Article 22, whether there is a need to update the list of fibrous silicates set out in Article 2 in light of scientific knowledge as well as for additional measures to ensure protection against secondary exposure to asbestos at work.

2. Following the evaluation referred to in paragraph 1 of this Article and after consulting the ACSH, the Commission shall evaluate whether it is appropriate or necessary to update the list of fibrous silicates set out in Article 2. The Commission shall evaluate in particular whether it is appropriate to include additional fibrous silicates, such as erionite, riebeckite, winchite, richterite and fluoro-edenite, within the scope of this Directive, as well as whether it is appropriate to adopt additional measures to ensure protection against secondary exposure to asbestos at work. The Commission shall, where appropriate, submit to the European Parliament and to the Council legislative proposals in that regard.’

;

(16)

Article 19 is amended as follows:

(a)	paragraph 1 is deleted;

(b)

paragraph 2 is replaced by the following:

‘2. The employer shall enter the information on the workers engaged in the activities referred to in Article 3(1) in a register. That information shall indicate the nature and duration of the activity and the exposure to which they have been subjected. The doctor and/or the authority responsible for medical surveillance shall have access to this register. Workers shall have access to the results in the register which relate to them personally. The workers and/or their representatives shall have access to anonymous, collective information in the register.’

;

(17)	Article 21 is replaced by the following: ‘Article 21 Member States shall keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that can be caused by exposure to asbestos is set out in Annex I.’ ;

(18)

the following article is inserted:

‘Article 22a

1. By 31 December 2028, the Commission shall assess the feasibility of a further lowering of the limit values on the basis of the Member States’ reports submitted pursuant to Article 22, the availability of scientific evidence, technical developments and the relationship between new analytical methods and the numerical limit value.

2. The Commission shall provide appropriate technical support to employers fulfilling the requirements of this Directive, and information about relevant Union funds, with a view to assisting Member States in making the best use of, and facilitating access to, those funds, in particular for small and medium-sized enterprises, including microenterprises.’

;

(19)

in Annex I, point 1 is replaced by the following:

‘1.

Current knowledge indicates that exposure to free asbestos fibres can give rise to at least the following diseases:

—	asbestosis,

—	mesothelioma,

—	lung carcinoma,

—	gastro-intestinal carcinoma,

—	carcinoma of the larynx,

—	carcinoma of the ovary,

—	non-malignant pleural diseases.’;

(20)	the text set out in the Annex to this Directive is inserted as Annex Ia.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 December 2025. They shall immediately communicate the text of those measures to the Commission.

2. By way of derogation from paragraph 1 of this Article, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (6)(c) and (d) (as regards Article 7(7), second subparagraph, of Directive 2009/148/EC) and point (7) (as regards Article 8(2) and (3) of Directive 2009/148/EC) by 21 December 2029. They shall immediately communicate the text of those measures to the Commission.

Member States shall, until they bring into force the laws, regulations and administrative provisions pursuant to the first subparagraph, carry out fibre counting wherever possible by PCM, in accordance with the method recommended in 1997 by the World Health Organisation, or by any other method that provides equivalent or more accurate results.

3. When Member States adopt the measures referred to in paragraphs 1 and 2, 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 Member States.

4. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.