65 Amendments of Jordi CAÑAS related to 2019/2182(INL)
Amendment 1 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Article 168(1) TFEU,
Amendment 1 #
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the use of asbestos fibres and products containing these fibres added intentionally has been prohibited as from January 20051a __________________ 1aEU Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006
Amendment 2 #
Draft opinion
Recital -A a (new)
Recital -A a (new)
-Aa. whereas Member States must ensure the complete phase-out of Asbestos fibres at the latest by 20251a __________________ 1aEU Regulation No 2016/1005 of 22 June 2016 amending Annex XVII to Regulation (EC) No 1907/2006 as regards asbestos fibres (chrysotile)
Amendment 9 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities;
Amendment 10 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas exposure to asbestos combined with tobacco use increases considerably the risk to develop lung cancer;
Amendment 11 #
Motion for a resolution
Recital D
Recital D
D. whereas breast cancer is among the main causes of cancer death for women in the Union, together withthe International Agency for Research on Cancer (IARC), recognized asbestos as a proven carcinogen (group 1) responsible for lung cancer,s and whereas occupational exposure to asbestos is rarely considered to be a priority imesothelioma as well as larynx and ovarian cancers; whereas research on othe prevention of breast cancerr cancers induced by asbestos should be promoted;
Amendment 14 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the most harmful health effects of inhaled asbestos fibres appear decades after exposure;
Amendment 15 #
Motion for a resolution
Recital F
Recital F
F. whereas in some Member States, despite existing regulations, asbestos- related diseases are usuallytoo often not recognised as an occupational diseases and victims are therefore not eligible for work- related compensation, adding to the physical suffering from the disease; whereas associations representing victims should be consulted when drafting provisions to facilitate the recognition of occupational diseases linked to asbestos;
Amendment 15 #
Draft opinion
Recital B
Recital B
B. whereas the extensive use of asbestos in constructionasbestos residues in buildings and constructions containing asbestos poses a threat to building users and occupants;
Amendment 19 #
Motion for a resolution
Recital G
Recital G
G. whereas the management of asbestos in buildings and its’ safe removal requires the full consideration of health and safety at work aspect in relation to the Union’s plan to improve the thermal insulation of its’ built environment with a view to energy savings and becoming the first climate-neutral continent by 2050;
Amendment 19 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the removal of asbestos places a financial burden on building owners; whereas the introduction of requirements for the safe removal of asbestos must be socially fair and must be accompanied by appropriate measures to support owners to finance the needed renovations, as well as accompanying measures for SMEs conducting works;
Amendment 22 #
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas delivering asbestos waste to landfills is only a temporary solution to the problem and risks of releasing asbestos fibres into the environment should be avoided;
Amendment 22 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the Commission’s commitment to present a legal proposal to further reduce workers exposure to asbestos in 2022;
Amendment 25 #
Motion for a resolution
Recital H
Recital H
H. whereas the existing binding occupational exposure limit value (OEL) for asbestos is 0,1 fibres/cm3 as an 8-hour time-weighted average (TWA) and should be reviewed to take account of the latest scientific and technical developments, and revised accordingly; whereas the Risk Assessment Committee of ECHA is preparing an opinion for a reduction of the binding OEL for asbestos; whereas an OEL is only a limit value and exposure should always be reduced as far as technically possible, especially when no safe threshold exists;
Amendment 28 #
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas improving early diagnosis, treatments and rehabilitation are priorities of the EU Beating Cancer Plan and should benefit patients suffering from asbestos related diseases;
Amendment 28 #
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
a. the screening shall consists of a diagnosis of the presence of any asbestos or the lack thereof and must be followed by actionrecommendations on what actions are needed to reduce the risk posed by any asbestos detected, including if encapsulating or total removal is necessary;
Amendment 31 #
Motion for a resolution
Recital I
Recital I
I. whereas estimates suggest that the cost of occupational cancer in the Union accounts for between EUR 270 and EUR 610 billion per year, or 1,8% to 4,1 % of GDP, and whereas 98 % of the human costs, including the impact on life quality and workers’ families, are endured by workers, and whereas direct and indirect costs account for between EUR 4 and EUR 10 billion per year; whereas actions to enhance prevention are therefore major public health investments for healthier lives but also for the cost/benefits balance in the management of healthcare systems;
Amendment 32 #
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
b. the screening shall be validated by an asbestos risk certificate detailing the areas screened and, where appropriate, the action taken, the presence or lack thereof of any asbestos and, where appropriate, by recommendations on what actions are needed to reduce the risk posed by asbestos;
Amendment 37 #
Motion for a resolution
Recital I f (new)
Recital I f (new)
If. whereas the removal of asbestos places a financial burden on building owners; whereas the introduction of requirements for the safe removal of asbestos must be socially fair and must be accompanied by appropriate measures to support owners to finance the needed renovations, as well as accompanying measures for SMEs conducting works;
Amendment 38 #
Motion for a resolution
Recital K
Recital K
K. whereas the Commission communication of 3 February 2021 entitled ’Europe’s Beating Cancer Plan’ states that 52 % of annual occupational deaths in the Union can be attributed to work-related cancers, and whereas the Commission envisages presenting a legislative proposal in 2022 to further reduce worker exposure to asbestos as part of its plan;
Amendment 44 #
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. whereas research and innovation should be fostered to improve asbestos screening, identification of other asbestos- related cancers than lung cancer and mesotheliomas, safe removal techniques, waste management and the safety of exposed workers and occupants of buildings;
Amendment 52 #
Motion for a resolution
Recital L m (new)
Recital L m (new)
Amendment 52 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to develop a list of certified operators, which shall be made available by the competent national body; the certified operator shall communicate the results of the screening to the owner in a certificate, which should be reported to a competent national body (a one-stop shop).
Amendment 54 #
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. whereas robust registries of people with past and/or current exposure to asbestos are important to ensure medical surveillance and to facilitate the recognition of occupational diseases;
Amendment 56 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes the additional administrative burden of such new requirements; encourages Member States to grant potential fund and financial support for owners of the buildings to undertake the significant costs induced by the screening for the presence of asbestos and avoid the risk of abandon of buildings; this could include funding for the purchase of a building by the Member States.
Amendment 57 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the Commission’s commitment to present a legal proposal to further reduce workers exposure to asbestos in 2022;
Amendment 59 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the safe removal of asbestos is an example of the need to apply the principle of Health in all policies, as it is directly connected to the following recent and upcoming Union policy initiatives: the new Union framework for health and safety, the Green Deal with the Renovation Wave, Next Generation EU and the Multiannual Financial Framework, Europe’s Beating Cancer Plan, the EU waste strategy and the circular economy package;
Amendment 61 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to take into account in its proposal specificities of SMEs; insists on the need to develop standardisation process to remove asbestos fibres to reduce the burden of the procedure and ease administrative burden on companies, especially for SMEs.
Amendment 64 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls Member States for accompanying measures for SMEs; insists on the need to facilitate their work on the implementation of regulations related to asbestos, notably through guidance on the best practices to implement; encourages Member States to launch awareness-raising campaigns accompanying measures for SMEs; insists that the transition toward a European Union free of asbestos should be socially fair and include support for private owners and SMEs;
Amendment 68 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Encourages Member States to keep a register of all recognised cases of asbestos-related occupational diseases.
Amendment 70 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls on Member States to facilitate the free of charge access of this register for owners, buyers, renters, workers and SMEs; the certificate shall be annexed to the sale agreement and shall be made available to the tenants.
Amendment 72 #
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Encourages Member States cooperate on the development of coordinated registration systems and databases and to share good practises related to asbestos issue in the single market.
Amendment 74 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that better preventive measures and risk-management of asbestos-related risks require access to relevant information adapted to the needs of those directly concerned;
Amendment 76 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Insists that any Union initiative supporting energy renovation should be socially fair and include binding measures for the protection of the health of occupants and workers, including through support for the safe removal of asbestos and other hazardous materials;
Amendment 78 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that, as the demand for asbestos-related work is likely to grow significantly with the Renovation Wave, there is a crucial need to support Research & Development in order to strengthen the protection of workers and of the environment, and to improve the reliability and speed of asbestos screening, measurement, removal, and safe waste management;
Amendment 80 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Highlights that the waste management of asbestos is a challenge of strategic significance for the EU given the amount of asbestos still to be removed and already in landfills; calls on the Commission and Member States to use all the tools to support investments in sustainable treatment technologies, including channelling public spending through dedicated Important Projects of Common European Interest (IPCEIs); highlights that the treatments of asbestos should fully apply the precautionary principle;
Amendment 81 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to present a proposal for a framework directive for Member States to set up national asbestos removal plans that include clear and realistic timelines, including possible priorities and interim targets, detection and registration of asbestos, financing and support to homeowners and SMEs, protection measures for workers against the risk of asbestos exposure in accordance with Directive 2009/148/EC as well as the safe disposal of asbestos in order to prevent asbestos from entering into recycling processes;
Amendment 82 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Insists on the need to carry out long-term epidemiological surveillance to assess the effectiveness of the measures taken; highlights that mesothelioma is a disease whose main risk-factor is asbestos and that the number of mesotheliomas diagnosed is a relevant indicator for epidemiological surveillance; calls therefore for the declaration of mesothelioma to competent authorities to be made mandatory;
Amendment 93 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that asbestos containing parts and materials already in use should be removed and disposed of safely and should not bpriority should be given to the safe removal and disposal of asbestos containing parts and materials rather than to the repaired, maintained, sealedenance, encapsulated,ion or coveredsealing, as these practices only lead to a hidden asbestos problem bearing risks for inhabitants and workers years later; calls for the prohibition of encapsulation and sealing of asbestos and for the identification and registethe postponement of the removal; calls for an impact assessment of the prohibition of encapsulation and sealing of asbestos; insists on the importance of identification, registering and regular monitoring of asbestos containing parts which cannot be removed in the short term (such as concrete walls in buildings);
Amendment 97 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Insists on the need to support SMEs and facilitate their work on the implementation of regulations related to asbestos, notably through guidance on the best practices to implement; highlights that the provision of standardised processes for operations on asbestos materials would help reduce the levels of asbestos fibre dust and the costs of these operations;
Amendment 107 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that employowners, but also main contractors, contracting authorities, and ownemployers commissioning work should be required to carry out an asbestos diagnosis before the start of any work in buildings, ships, aircraft, on equipment, or products;
Amendment 110 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Insists on the need to ensure the availability of adequate waste facilities for the safe and sustainable disposal of asbestos materials, located in the vicinity of construction sites;
Amendment 113 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Recalls that the synergistic effect of smoking and asbestos exposure considerably increases the risk of developing lung cancer; calls on Member States to propose a smoking cessation program to all workers exposed to asbestos;
Amendment 115 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Insists on the need to consult associations representing asbestos victims and their relatives with a view to facilitate and simplify recognition procedures;
Amendment 116 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that asbestos-related diseases are a cross-border challenge due to free movement, thereby particularly taking into consideration the role of mobile workers in this regard; recalls that occupational diseases and workplace- related health risks are always linked to a specific profession, working activity, workplace and time; calls on the Commission to present, after consulting the social partners, a proposal for a Directive on the basis of Article 153(1)(a) and (b) TFEU laying down Union minimum standards for the recognition and compensation of occupational diseases, including asbestos- related diseases;
Amendment 126 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Insists that the transition toward a European Union free of asbestos should be socially fair and include support for private owners and SMEs;
Amendment 129 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to present a legislative proposal for the mandatory screening of buildings before sale or rent and for the establishment of asbestos certificates for buildings constructed before 2005 or the year of the national asbestos ban;
Amendment 145 #
Motion for a resolution
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
(2) A timeline for asbestos removal, including possible priorities (such as schools, gyms, healthcare facilities or social housing), milestones, and regular evaluations of the progress made at least every 5 years;
Amendment 147 #
Motion for a resolution
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
(3) A financial framework, including the possible use of Union funds, for the support of building owners and linking the removal of asbestos to other public policies and programmes (such as energy efficiency, improvements of the living environment, social housing, health prevention) for reasons of efficiency and the use of synergies;
Amendment 157 #
Motion for a resolution
Annex I – paragraph 1 – point 7
Annex I – paragraph 1 – point 7
(7) A strategy for the control and enforcement of the measures foreseen, including awareness-raising campaigns, accompanying measures for SMEs, inspections and effective, proportionate and dissuasive penalties in the event of non-compliance;
Amendment 163 #
Motion for a resolution
Annex II – paragraph 1 – point 3 – paragraph 2
Annex II – paragraph 1 – point 3 – paragraph 2
Amendment 169 #
Motion for a resolution
Annex II – paragraph 1 – point 8 – paragraph 2
Annex II – paragraph 1 – point 8 – paragraph 2
The Member States shall regulate the details of explorations and investigations for the detection of asbestos-containing materials, in accordance with their national building regulations. When the complete absence of asbestos cannot be guaranteed, works shall be conducted according to the procedures to be followed when asbestos is present.
Amendment 179 #
Motion for a resolution
Annex II – paragraph 1 – point 17 – paragraph 3
Annex II – paragraph 1 – point 17 – paragraph 3
3. The asbestos-related diseases recognised in the Member StatMember States shall keep a register of all recognized cases of asbestos-related occupational diseases. Annex 1b gives an indicative list of diseases sthall as a minimum encompass those listed in Annex 1bn can be caused by asbestos exposure according to current knowledge.
Amendment 187 #
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 b – introductory part
Annex II – paragraph 1 – point 18 – Annex 1 b – introductory part
Amendment 190 #
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 b – indent 7
Annex II – paragraph 1 – point 18 – Annex 1 b – indent 7
- colorectal cancer caused by asbestos,positive associations have been noted by the International Agency for Research on Cancer between asbestos exposure and the following diseases: - pharyngeal cancer, - colorectal cancer, and - stomach cancer.
Amendment 192 #
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 b – indent 8
Annex II – paragraph 1 – point 18 – Annex 1 b – indent 8
Amendment 197 #
Motion for a resolution
Annex IV – paragraph 1 – subparagraph 1 – subparagraph 8
Annex IV – paragraph 1 – subparagraph 1 – subparagraph 8
Member States shall make it mandatory to screen buildings for asbestos and other hazardous materials, and, in an orderly and safe manner, to remove and dispose of those materials before the start of renovation works, before the start of renovation works. The result of the screening shall be reported in a certificate specifying the presence or absence of asbestos or other hazardous materials. In the first case, the certificate shall specify the types of containing materials found and their exact location. When the result of exploration and investigations cannot exclude the presence of asbestos in a material, the precautionary principle shall apply. The removal and disposal of materials which will be affected by the renovation shall be done in an orderly and safe manner in accordance with Directive 2009/148/EC, Regulation (EU) No 305/2011, and other relevant legislative acts.”
Amendment 199 #
Motion for a resolution
Annex V – paragraph 1 – point 1
Annex V – paragraph 1 – point 1
(1) an obligation for owners of buildings (public and private) constructed before 2005 or the year of the national asbestos ban to commission a screening of the building to locate and identify allthe presence or absence of asbestos containing materials before the building (or a part of it) is sold or rented out;
Amendment 200 #
Motion for a resolution
Annex V – paragraph 1 – point 2
Annex V – paragraph 1 – point 2
(2) screenings shall be carried out by qualified and certified operators only, in accordance with Directive 2009/148/EC, national law and practice, and under the supervision of a competent national body; a list of certified operators shall be made available by the competent national body;
Amendment 201 #
Motion for a resolution
Annex V – paragraph 1 – point 3
Annex V – paragraph 1 – point 3
(3) the certified operator shall communicate the results of the screening to the owner in a certificate which should be reported to a competent national body (a one-stop shop), which should issue a certificate,. This competent body should keep a national registry of the certificates, and give adviceinformation to owners about applicable laws and regulation, including on the correct and safe removal of asbestos detected, and financial support available;
Amendment 203 #
Motion for a resolution
Annex V – paragraph 1 – point 4
Annex V – paragraph 1 – point 4
(4) the asbestos certificates shall contain the result of the screening, including a list of the types of asbestos containing materials found, their exact location, their current state of conservation together with a notification of the work and surveillance required to avoid damage to the health of occupants and a concept for the safe removal;
Amendment 205 #
Motion for a resolution
Annex V – paragraph 1 – point 4 a (new)
Annex V – paragraph 1 – point 4 a (new)
(4a) when the result of exploration and investigations cannot exclude the presence of asbestos in a material, the certificate shall state that the presence of asbestos is possible;
Amendment 206 #
Motion for a resolution
Annex V – paragraph 1 – point 4 b (new)
Annex V – paragraph 1 – point 4 b (new)
(4b) a certificate specifying the presence of asbestos containing materials shall have a maximum validity period of three years;
Amendment 207 #
Motion for a resolution
Annex V – paragraph 1 – point 4 c (new)
Annex V – paragraph 1 – point 4 c (new)
(4c) the certificate shall be annexed to the sale agreement and shall be made available to the tenants;
Amendment 208 #
Motion for a resolution
Annex V – paragraph 1 – point 7
Annex V – paragraph 1 – point 7
(7) sellers or lessors of the property shall be liable if they do not commission the mandatory screening and report the results to the competent national body, with a period of liability of 30 yearsadequate liability regimes shall be established in case of non-compliance.