Directive (EU) 2023/2668 amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work

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Series Details 2023/2668
Publication Date 30/11/2023
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Summary:

Directive (EU) 2023/2668 - adopted by the co-legislators on 22 November 2023 - introducing amendments to Directive 2009/148/EC concerning the protection of workers from the risks related to exposure to asbestos at work.

Further information:

Occupational cancer is the first cause of work-related deaths in the European Union (EU). It is primarily caused by exposure to carcinogenic substances such as asbestos. The progressive ban on the use of asbestos in the EU began in 1988 with the prohibition of crocidolite and was subsequently extended to cover other asbestos-containing materials. Since 2005, all forms of asbestos are banned in the EU.

Council Directive 83/447/EEC was the first piece of legislation aimed at protecting workers from the specific risks of workplace exposure to asbestos. The Directive was substantially amended several times until its most recent codified version (Directive 2009/148/EC), also known as as the Asbestos at Work Directive (AWD). The AWD protects workers against risks to their health arising or likely to arise from exposure to asbestos at work, including by preventing such risks.  Under the AWD, for all activities in which workers are or may be exposed to dust from asbestos or materials containing asbestos, exposure must be reduced to a minimum and in any case below the fixed binding occupational-exposure limit (OEL) of 0.1 fibres/cm3 as an 8-hour time-weighted average (TWA).

This Directive amends the AWD to introduce updates on the basis of the latest available scientific evidence. It seeks to make its OEL more effective.

The draft law was adopted by the European Commission on 28 September 2022, alongside a Communication focusing on work towards an asbestos-free future. The Council of the European Union adopted its general approach for the proposed Directive on 8 December. The plenary of the European Parliament endorsed a negotiating position on 10 May 2023. An informal agreement between the co-legislators on a compromise text for this file was reached on 27 June. This was formally endorsed by Parliament on 3 October and by the Council on 23 October. The Act was signed by the co-legislators on 22 November 2023 and published in the Official Journal on 30 November 2023.

Source Link http://data.europa.eu/eli/dir/2023/2668/oj
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Commentary and Analysis
American Industrial Hygiene Association (AIHA): News, 06/10/2022: European Commission Proposes Lower Asbestos OEL https://www.aiha.org/news/221006-european-commission-proposes-lower-asbestos-oel
Social Europe, 19/10/2022: Asbestos: eradicating the hidden killer https://www.socialeurope.eu/asbestos-eradicating-the-hidden-killer
European Parliamentary Research Service (EPRS): Briefing, 13/01/2023: Protection of workers from the risks related to exposure to asbestos at work - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)734709
European Trade Union Institute (ETUI): News, 10/02/2023: The Green Deal and the renovation wave: an asbestos time bomb for European workers https://www.etui.org/news/green-deal-and-renovation-wave-asbestos-time-bomb-european-workers
Euronews: Business, 22/03/2023: Why must asbestos regulations change to better protect EU workers? https://www.euronews.com/business/2023/03/22/why-must-asbestos-regulations-change-to-better-protect-eu-workers
European Trade Union Institute (ETUI): News, 31/05/2023: Asbestos: the European Parliament is in favour of drastically lowering the exposure limit value https://www.etui.org/news/asbestos-european-parliament-favour-drastically-lowering-exposure-limit-value
European Trade Union Confederation (ETUC): Press Release, 28/06/2023: EU agrees better protection of workers against asbestos https://www.etuc.org/en/pressrelease/eu-agrees-better-protection-workers-against-asbestos
European Public Service Union (EPSU), 29/06/2023: Asbestos agreement a step forward for firefighters, emergency services and waste workers but more and better legislation is needed https://www.epsu.org/article/asbestos-agreement-step-forward-firefighters-emergency-services-and-waste-workers-more-and
European Parliamentary Research Service (EPRS): Briefing, 22/09/2023: Protection of workers from asbestos at work https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)749813
European Parliamentary Research Service (EPRS): At a Glance, 27/09/2023: Protection of workers from asbestos https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2023)753933
European Public Service Union (EPSU), 03/10/2023: Asbestos Directive: mandatory decontamination a win for firefighters https://www.epsu.org/article/asbestos-directive-mandatory-decontamination-win-firefighters

News
Delano.lu, 28/09/2022: EU commission lowers threshold for asbestos exposure by factor of 10 https://delano.lu/article/eu-commission-lowers-threshold
EUObserver, 29/11/2022: EU lawmakers under pressure to act on 90,000 asbestos deaths https://euobserver.com/health-and-society/156465
Construction Europe, 06/02/2023: Asbestos: a serious renovation headache for the European Union https://www.construction-europe.com/news/asbestos-a-serious-renovation-headache-for-the-european-union/8026455.article
EUObserver, 30/05/2023: EU clashes over protection of workers exposed to asbestos https://euobserver.com/health-and-society/157085
EurActiv, 28/06/2023: EU lawmakers agree to cut asbestos limits at work ten times https://www.euractiv.com/section/health-consumers/news/eu-lawmakers-agree-to-cut-asbestos-limits-at-work-ten-times/
EurActiv, 03/10/2023: EU Parliament approves lowering asbestos exposure limit https://www.euractiv.com/section/health-consumers/news/eu-parliament-approves-lowering-asbestos-exposure-limit/

Official
EUR-LEX: COM(2022)489: Proposal for a Directive amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:489:FIN
EUR-LEX: SWD(2022)310: Staff Working Document accompanying the Proposal - Subsidiarity Grid https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:310:FIN
EUR-LEX: SWD(2022)311: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:311:FIN
EUR-LEX: SWD(2022)312: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2022:312:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Protection of workers from asbestos (2022/0298(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2022/0298(COD)
European Parliament: Legislative Train Schedule: Legislative proposal on the protection of workers from the risks related to exposure to asbestos at work https://www.europarl.europa.eu/legislative-train/theme-an-economy-that-works-for-people/file-protection-of-workers-from-asbestos
EU European Environment Agency (EEA): Asbestos https://www.eea.europa.eu/publications/environmental-burden-of-cancer/asbestos
General Secretariat of the Council: Policies: Protecting workers: health and safety at work https://www.consilium.europa.eu/en/policies/protecting-workers/
European Commission: Press Release, 28/09/2022: Commission acts to better protect people from asbestos and ensure an asbestos-free future https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5679
European Commission: Questions and Answers: Towards an asbestos-free future (28 September 2022) https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_5678
European Commission: Statement by Executive Vice-President Dombrovskis and Commissioner Schmit on protecting people from asbestos and minimum income (28 September 2022) https://ec.europa.eu/commission/presscorner/detail/en/statement_22_5844
S&D EP Group: Newsroom, 28/09/2022: S&Ds disappointed with the proposed revision of workers’ protection from asbestos https://www.socialistsanddemocrats.eu/newsroom/sds-disappointed-proposed-revision-workers-protection-asbestos
Council of the European Union: Press Release, 08/12/2022: Asbestos: Council agrees to improve protection of workers https://www.consilium.europa.eu/en/press/press-releases/2022/12/08/asbestos-council-agrees-to-improve-protection-of-workers/
EPP EP Group: Newsroom, 26/04/2023: End dark legacy of workers' exposure to asbestos https://www.eppgroup.eu/newsroom/news/end-dark-legacy-of-workers-exposure-to-asbestos
European Parliament: Press Release, 27/06/2023: Deal on better protecting EU workers from the risks of asbestos https://www.europarl.europa.eu/news/en/press-room/20230626IPR00845/
Council of the European Union: Press Release, 27/06/2023: Asbestos: Council and Parliament strike deal on new rules protecting workers https://www.consilium.europa.eu/en/press/press-releases/2023/06/27/asbestos-council-and-parliament-strike-deal-on-new-rules-protecting-workers/
European Commission: Press Release, 27/06/2023: Better protection of workers from asbestos: Commission welcomes political agreement to revise EU rules https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3557
GUE/NGL EP Group: News, 27/06/2023: A victory for workers: EU agrees strong legislation to protect workers from asbestos https://left.eu/a-victory-for-workers-eu-agrees-strong-legislation-to-protect-workers-from-asbestos/
European Parliament: Press Release, 03/10/2023: Exposure to asbestos: MEPs adopt law to protect workers more robustly https://www.europarl.europa.eu/news/en/press-room/20230929IPR06119/
GUE/NGL EP Group: News, 03/10/2023: 5 things you need to know about the new rules on asbestos https://left.eu/5-things-you-need-to-know-about-the-new-rules-on-asbestos/
Council of the European Union: Press Release, 23/10/2023: Protection from asbestos at work: Council votes to reduce exposure limits https://www.consilium.europa.eu/en/press/press-releases/2023/10/23/protection-from-asbestos-at-work-council-votes-to-reduce-exposure-limits/

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