51998AP0353

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (COM(98)0170 C4-0310/98 98/0093(SYN))(Cooperation procedure: first reading)

Official Journal C 341 , 09/11/1998 P. 0132


A4-0353/98

Proposal for a Council Directive amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (COM(98)0170 - C4-0310/98 - 98/0093(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Original text>

>Text following EP vote>

Whereas, to safeguard employment, the provisions of this Directive relating to wood dusts will apply to existing places of work only after a transitional period;

(Amendment 3)

Recital 8

>Original text>

Whereas the carcinogenicity of oak and beech dusts has been confirmed in epidemiological studies on workers exposed; whereas a large number of workers are exposed to a potential health risk;

>Text following EP vote>

Whereas the carcinogenicity of oak and beech dusts has been confirmed in epidemiological studies on workers exposed;

whereas it is highly probable that dust from other types of hardwood can also cause cancer in humans; whereas many workers are exposed to a serious potential risk of developing cancer; whereas the precautionary principle should be applied in the protection of workers; whereas workers can best be protected by making the Directive cover wood dust from all types of hardwood; whereas further research is desirable into the carcinogenicity of other woods; whereas the Commission is to bring forward proposals to protect the health of workers where a risk is identified;

(Amendment 4)

Recital 10

>Original text>

Whereas it is appropriate to fix such limit values for wood dust; whereas the current limit values for vinyl chloride monomer should be reduced to reflect best minimum standards for technological practices which reflect feasibility factors while maintaining the aim of ensuring the health of workers at work;

>Text following EP vote>

Whereas it is

therefore essential to fix limit values for wood dust at a level which rules out any risk to workers from carcinogens; whereas the current limit values for vinyl chloride monomer must be reduced to reflect best minimum standards for technological practices which reflect feasibility factors while maintaining the aim of ensuring the health of workers at work;

(Amendment 5)

Recital 10a (new)

>Original text>

>Text following EP vote>

Whereas the rules on wood dust must effectively protect workers from the risks of developing cancer as a result of occupational exposure to wood dust; whereas the objective of these rules is not to restrict the use of wood, either by replacing wood with other materials or by replacing the use of certain types of wood with other types of wood; whereas it is known that the risk of developing cancer is related to exposure to wood dust, not to wood itself; whereas the application of the provisions of the Directive governing wood dust will not restrict the processing of hardwoods by craft workers or the use of such materials on the grounds of their aesthetic qualities;

(Amendment 6)

ARTICLE 1(2)

Annex I (5) (Directive 90/394/EEC)

>Original text>

5. Work involving exposure to wood dusts from the following species: beech and oak.

>Text following EP vote>

5.

Work involving exposure to all hardwood dusts.

(Amendment 7)

ARTICLE 1(3)

Annex III (A), 2nd entry (Directive 90/394/EEC)

>Original text>

Wood (oak and beech) dust 5,0

>Text following EP vote>

Hardwood dust 5,0(7a)

(pending limit review in two years)

____________

(7a) Where other wood dusts are present in the mixture, the limit value shall apply to all wood dusts in the mixture.

(Amendment 9)

ARTICLE 2

>Original text>

Directive 78/610/EEC on the approximation of the laws, regulations and administrative provisions on the protection of health of workers exposed to vinyl chloride monomer shall be repealed with effect from ...

>Text following EP vote>

Directive 78/610/EEC on the approximation of the laws, regulations and administrative provisions on the protection of health of workers exposed to vinyl chloride monomer shall be repealed

within two years of the adoption of this Directive..

(Amendment 10)

ARTICLE 3

>Original text>

On the basis of the latest available scientific data, the Commission may within five years of the date of this Directive present a proposal to the Council for the adoption of revised limit values for vinyl chloride monomer and wood (oak and beech) dust in accordance with Article 118A of the Treaty.

>Text following EP vote>

On the basis of the latest available scientific data, the Commission may within

two years of the date of this Directive present a proposal to the Council for the adoption of revised limit values for vinyl chloride monomer and wood dust in accordance with Article 118A of the Treaty.

(Amendment 11)

ARTICLE 4(1), 1st subparagraph

>Original text>

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

>Text following EP vote>

1.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within three years of its adoption. They shall forthwith inform the Commission thereof.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending for the second time Directive 90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work (COM(98)0170 - C4-0310/98 - 98/0093(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0170 - 98/0093(SYN) ((OJ C 123, 22.4.1998, p. 21.)),

- having been consulted by the Council pursuant to Articles 189c and 118a of the EC Treaty (C4-0310/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs (A4-0353/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.