Directive (EU) 2022/431 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work

Summary:

Directive (EU) 2022/431 - formally signed by the co-legislators on 9 March 2022 - introducing amendments to Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. This is also known as the CMD 4.

Further information:

Directive 2004/37/EC - also known as the Carcinogens and Mutagens Directive - sets out the minimum requirements for protecting workers against risks to their health and safety arising from exposure to carcinogens and mutagens at work. It lays down preventive and protective measures, as well as exposure limits.

This Directive is updated regularly in line with new scientific evidence and technical data. Previous updates addressed workers' exposure to 26 chemicals. This proposal comprises the fourth revision, which adds new or revised occupational exposure limits for the following substances:

• Acrylonitrile (new limit);
• Nickel compounds (new limit);
• Benzene (limit revised downwards).

Estimates show that over 1.1 million workers in a wide range of sectors were set to benefit from improved protection as a result of these proposed rules. This initiative was also the first of the European Commission's commitment to fight cancer under a forthcoming Europe's Beating Cancer Plan. It was tabled by the European Commission on 22 September 2020. Member State representatives adopted a general approach on behalf of the Council of the European Union on 25 November. The plenary of the European Parliament endorsed a negotiating position on 28 April 2021. An informal agreement between the co-legislators on a compromise text concerning this file was reached on 16 December. This was endorsed by the Parliament on 17 February 2022 and by the Council on 3 March. The Act was signed by the co-legislators on 9 March 2022 and published in the Official Journal on 16 March 2022.

Official

EUR-LEX: COM(2020)571: Proposal for a Directive amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2020:571:FIN

EUR-LEX: SWD(2020)183: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2020:183:FIN

EUR-LEX: SWD(2020)184: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2020:184:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Protection of workers from the risks related to exposure to carcinogens or mutagens at work (2020/0262(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2020/0262(COD)

European Parliament: Legislative Train Schedule: Fourth proposal amending the Carcinogens and Mutagens Directive (CMD 4) https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-new-legislative-files

General Secretariat of the Council: Policies: Promoting health and tackling diseases https://www.consilium.europa.eu/en/policies/eu-promote-health-disease/

European Commission: Better Regulation: Have Your Say: Protecting workers against cancer-causing substances https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12608-Protecting-workers-against-cancer-causing-substances_en

European Commission: Press Release, 22/09/2020: Beating cancer: Better protection of workers against cancer-causing chemicals https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1691

European Commission: Q&A, 22/09/2020: Beating cancer: Commission proposes improved protection for workers https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_1690

European Parliament: Press Release, 26/03/2021: Protecting workers by reducing exposure to carcinogens https://www.europarl.europa.eu/news/en/press-room/20210319IPR00445/

Council of the European Union: Press Release, 16/12/2021: EU to improve protection of workers from dangerous chemical substances https://www.consilium.europa.eu/en/press/press-releases/2021/12/16/eu-to-improve-protection-of-workers-from-dangerous-chemical-substances/

European Parliament: Press Release, 16/12/2021: Political deal on protecting workers from hazardous substances https://www.europarl.europa.eu/news/en/press-room/20211208IPR19046/

European Parliament: Press Release, 17/02/2022: Hazardous substances in the workplace: EP approves deal for stricter EU rules https://www.europarl.europa.eu/news/en/press-room/20220210IPR23021/

Council of the European Union: Press Release, 03/03/2022: EU strengthens protection of workers from dangerous chemicals https://www.consilium.europa.eu/en/press/press-releases/2022/03/03/eu-strengthens-protection-of-workers-from-dangerous-chemicals/

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News

EurActiv, 16/12/2021: Deal struck on rules to protect workers from cancer-causing chemicals https://www.euractiv.com/section/diabetes-cancer-hepatitis/news/deal-struck-on-rules-to-protect-workers-from-cancer-causing-chemicals/

EurActiv, 03/03/2022: EU steps up workers’ protection against carcinogenic substances https://www.euractiv.com/section/diabetes-cancer-hepatitis/news/eu-steps-up-workers-protection-against-carcinogenic-substances/

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Commentary and Analysis

EPRS: Briefing, November 2020: Protection of workers from exposure to carcinogens or mutagens: Fourth proposal https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2020)654188

European Trade Union Confederation (ETUC): Press Release, 25/03/2021: Important step in fight to cut work-related cancer deaths https://www.etuc.org/en/pressrelease/important-step-fight-cut-work-related-cancer-deaths

European Trade Union Institute (ETUI): News, 26/03/2021: The European Parliament overwhelming votes on improvements to the Carcinogens Directive https://www.etui.org/news/european-parliament-overwhelming-votes-improvements-carcinogens-directive

European Trade Union Confederation (ETUC): Press Release, 16/12/2021: New protections from cancer for 1 million workers https://www.etuc.org/en/pressrelease/new-protections-cancer-1-million-workers

EPRS: Briefing, February 2022: Limits on exposure to carcinogens and mutagens at work: Fourth proposal https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2020)659312

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