Directive 2003/18 - Amendment of Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 2003/18
Original proposal	COM(2001)417
CELEX number i	32003L0018

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Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (Text with EEA relevance)

Official Journal L 097 , 15/04/2003 P. 0048 - 0052

Directive 2003/18/EC of the European Parliament and of the Council

of 27 March 2003

amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work

(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(1), drawn up following consultation with social partners and with the Advisory Committee on Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of the European Economic and Social Committee(2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

• (1) 

  In its Conclusions of 7 April 1998 on the protection of workers against the risks from exposure to asbestos(4) the Council invited the Commission to bring forward proposals for amending Directive 83/477/EEC(5), considering in particular the merits of refocusing and adapting protective measures for those who are now most at risk, in particular workers who remove asbestos and workers who accidentally come across asbestos at work in the course of servicing and maintenance activities.

• (2) 

  In those Conclusions, the Commission was also invited to submit proposals to amend Directive 83/477/EEC in the light of the more detailed research on limits for exposure to chrysotile and the methods for measuring airborne asbestos undertaken on the basis of the method adopted by the World Health Organisation (WHO). Similar steps should be taken regarding substitute fibres.

• (3) 

  The Economic and Social Committee, in its opinion on asbestos(6), called on the Commission to take new measures to reduce the risks to workers.

• (4) 

  The ban on the marketing and use of chrysotile asbestos introduced by Council Directive 76/769/EEC of 27 July 1976 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(7) with effect from 1 January 2005, will contribute to a substantial reduction in asbestos exposure of workers.

• (5) 

  All workers should be protected against the risks associated with exposure to asbestos and the derogations applicable to the sea and air sectors should therefore be removed.

• (6) 

  In order to ensure clarity in the definition of the fibres, they should be redefined either in mineralogical terms or with regard to their Chemical Abstract Service (CAS) number.

• (7) 

  Without prejudice to other Community provisions concerning the marketing and use of asbestos, limiting the activities involving exposure to asbestos should play a very important role in preventing the diseases associated with such exposure.

• (8) 

  The notification system for activities involving exposure to asbestos should be adapted to new work situations.

• (9) 

  It is important to eliminate activities which expose workers to asbestos fibres during the extraction of asbestos or the manufacture and processing of asbestos products or the manufacture and processing of products containing intentionally added asbestos fibres, in view of their high and unpredictable level of exposure.

• (10) 

  Taking account of the latest technical expertise, it is necessary to specify more precisely the sampling methodology used to measure the asbestos level in air and the method of counting...

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