(1)

With Commission Recommendation (EU) 2022/2337 (1), the Commission recommended to the Member States that they implement a series of measures with the objective of updating and improving various aspects of their policies relating to occupational diseases. Those measures relate to the recognition of, compensation for, and prevention of occupational diseases, the setting of national objectives for the reduction of occupational illnesses, the reporting and recording of occupational diseases, the collection of data concerning the epidemiology of diseases, the promotion of research in the field of ailments linked to an occupational activity, the improvement of diagnosis of occupational diseases, the dissemination of statistical and epidemiological data on occupational diseases, and the promotion of an active role for national public health and healthcare systems in preventing occupational diseases.

(2)

Asbestos is a dangerous carcinogenic agent, which still affects various economic sectors, such as building renovation, mining and quarrying, waste management and firefighting, in which workers can be at high risk of exposure. It is estimated that currently between 4,1 and 7,3 million workers are exposed to asbestos (2). Asbestos is classified as a carcinogen category 1A pursuant to Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3). Occupational cancer is the main cause of work-related deaths in the Union (4), being primarily caused by exposures to carcinogenic substances, such as asbestos. It is estimated that 75 % of cancer cases recognised as occupational in the Member States are asbestos-related (5). The progressive restriction of the use of asbestos in the Union started in 1988, whilst since 2005 the manufacture, placing on the market and use of asbestos is prohibited in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council (REACH) (6). Despite this, there is a substantial legacy problem, as asbestos is still present in many older buildings. These are likely to be renovated, adapted or demolished over the coming years. The exposure of workers to asbestos is expected to increase in all Member States as the Renovation Wave Strategy (7) progresses. Moreover, asbestos-related diseases have a long latency period. As the first signs of illness may take as much as 30 years or longer from the moment of exposure to manifest, asbestos-related deaths and illnesses due to exposure that happened before the 2005 ban are expected to occur until the late 2020s and 2030s.

(3)

In this context, effectively reducing exposure to carcinogenic substances such as asbestos became one of the objectives of the Commission’s Europe’s Beating Cancer Plan (8) and Zero-Pollution Action Plan (9). In addition, Directive 2009/148/EC of the European Parliament and of the Council (10) on the protection of workers from the risks related to exposure to asbestos at work has been amended by Directive (EU) 2023/2668 of the European Parliament and of the Council (11), which, amongst other amendments, significantly lowered the applicable occupational exposure limit value for asbestos.

(4)

Recommendation (EU) 2022/2337 includes several asbestos-related diseases. In Annex I to the Recommendation, which contains the European schedule of occupational diseases: asbestosis, mesothelioma following the inhalation of asbestos dust, complication of asbestos in the form of bronchial cancer, fibrotic diseases of the pleura, with respiratory restriction, caused by asbestos and lung cancer following the inhalation of asbestos dust. In Annex II to the Recommendation, which contains an additional list of diseases suspected of being occupational in origin and which may be considered at a later stage for inclusion in the European schedule of occupational diseases: cancer of the larynx following the inhalation of asbestos dust.

(5)

Following the adoption of the Commission Communication on working towards an asbestos-free future (12), the tripartite Advisory Committee on Safety and Health at Work (ACSH), taking into account the draft opinion of the dedicated Working Party and the opinion of the Technical Experts Group set up to support the work on the possible need to include additional asbestos-related diseases to the Commission Recommendation concerning the European schedule of occupational diseases, on 29 May 2024, adopted an opinion (13) on the need to update the Commission Recommendation concerning the European schedule of occupational diseases by including additional asbestos-related diseases.

(6)

Taking into account the opinion of the ACSH, the following asbestos-related diseases should be added in Annex I: cancer of the larynx caused by asbestos (in lieu of the current entry ‘cancer of the larynx following the inhalation of asbestos dust’ in Annex II to the Recommendation), cancer of the ovary caused by asbestos, pleural plaques with functional impairment of the lungs caused by asbestos, and non-malignant pleural effusion caused by asbestos. In addition, in Annex II, the following diseases should be added: colon cancer caused by asbestos, rectum cancer caused by asbestos, and stomach cancer caused by asbestos.

(7)

Moreover, certain typographical errors in the Annexes to Recommendation (EU) 2022/2337 should be corrected. This concerns the entries ‘302 Complication of asbestos in the form of bronchial cancer’, which should read ‘302 Complication of asbestosis in the form of bronchial cancer’ and ‘2.108 Thiopene’, which should read ‘2.108 Thiophene’.

(8)

Even though the recognition of occupational diseases is a matter closely linked to the design of social security systems, which is a Member State competence, the Commission promotes the recognition by Member States of the occupational diseases listed in the European schedule of occupational diseases. As stated in the Commission’s Communication ‘EU strategic framework on health and safety at work 2021-2027 – Occupational safety and health in a changing world of work’ (14) (‘EU Strategic Framework’), there remains a need to increase focus on occupational diseases. In line with the general principles of prevention which form the core of Council Directive 89/391/EEC (15) on safety and health at work and the related health and safety at work directives (16), this Recommendation should be an essential complementary instrument for the prevention of occupational diseases at Union level. Moreover, it is important to support workers who have fallen ill and families who have lost family members because of work exposure.

(9)

In line with the EU Strategic Framework, Member States should be called on to actively involve all players, in particular social partners, in developing measures for the effective prevention of occupational diseases.

(10)

The EU Strategic Framework refers to the need for a strengthened evidence base to underpin legislation and policy, and for research and data collection, both at Union and national level, as a pre-condition for the prevention of work-related diseases and accidents. Cooperation and exchange of information, experience and best practice is critical for improved analysis and prevention across the Union.

(11)

The recommendation to the Member States to forward to the Commission and make available to interested parties statistical and epidemiological data on occupational diseases recognised at national level remains relevant, taking into account Regulation (EC) No 1338/2008 of the European Parliament and of the Council (17) on Community statistics on public health and health and safety at work as well as in light of developments linked to the European Occupational Diseases Statistics (EODS).

(12)

The role of the European Agency for Safety and Health at Work, established by Regulation (EU) 2019/126 of the European Parliament and of the Council (18), is, inter alia, to supply the Union institutions and bodies and the Member States with the objective technical, scientific and economic information available and the qualified expertise they require to formulate and implement judicious and effective policies designed to protect the safety and health of workers, and to collect, analyse and disseminate technical, scientific and economic information in the Member States. Accordingly, the Agency should also play an important part in the exchange of information, experience and best practice on the prevention of occupational diseases.

(13)

National public health and healthcare systems can play an important part in improving prevention of occupational illnesses, for example by raising awareness among medical staff with a view to improving knowledge and diagnosis of these illnesses.

(14)

As it is necessary to add the diseases referred to in recital 6 in the Recommendation concerning the European schedule of occupational diseases and to correct some typographical errors in its text, this Recommendation replaces Recommendation (EU) 2022/2337,