(2004/C 78 E/0037)

WRITTEN QUESTION E-1551/03

by Paulo Casaca (PSE) to the Commission

(7 May 2003)

Subject:   Labelling of products containing asbestos

Council Directive 83/478/EEC (1) of 19 September 1983 lays down special provisions making it compulsory for the labelling of products containing asbestos to warn against the dangers.

However, in Portugal some products containing asbestos, such as fibre-cement, do not carry a warning when sold to the public.

Can the Commission say what stage has been reached in the legal transposition of this directive in Portugal?

Can it explain the reason for Portugal's non-compliance?

Answer given by Mr Liikanen on behalf of the Commission

(17 June 2003)

Council Directive 83/478/EEC of 19 September 1983 amending for the fifth time (asbestos) Directive 76/769/EEC 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 was transposed into Portuguese national legislation on 14 January 1987 as ‘Decreto-Lei n. 28/87 de 14/01/1987. Limita a comercialização e a utilização do amianto e dos produtos que o contenham, Diário da República I Série n. 11 de 14/01/1987 Página 183’.

Portugal has therefore complied with the obligation to transpose the Directive into national legislation, in particular those provisions dealing with the labelling of products containing asbestos (Annex II of Directive 83/478/EEC).

It is nevertheless important to note that, apart from Annex II which is still in force today, the Annex I of Directive 83/478/EEC is no longer in force. Indeed Directive 83/478/EEC has been subsequently amended (2) or adapted (3)  (4), by several Directives that will lead by 1 January 2005 to a total ban of all kind of asbestos fibres (except diaphragms for electrolysis installation). The placing on the market of asbestos based fibre-cement, except for that containing chrysotile, is already prohibited within the Union.

The enforcement of the provisions of Directive 83/478/EEC (labelling) and its subsequent modifications in the national legislation is primarily the responsibility of the Member State concerned. Nevertheless, the Commission has responsibility for ensuring that the provisions of the EC Treaty and the measures taken by the institutions pursuant thereto, including directives, are applied. It will, therefore, contact the Portuguese authorities in order to ensure that they take the necessary measures to enforce the Directive in question.

(1)  OJ L 263, 24.9.1983, p. 33.

(2)  OJ L 375, 31.12.1985; transposed into Portuguese national legislation as ‘Decreto-Lei n. 138/88 de 22.4.1988’.

(3)  OJ L 363, 31.12.1991; transposed into Portuguese national legislation as ‘Decreto-Lei n. 228/94 de 13.9.1994’.

(4)  OJ L 142, 5.6.1999; not yet transposed into Portuguese national legislation.