Activities of Cindy FRANSSEN related to 2023/0033(COD)
Plenary speeches (1)
Limit values for lead and its inorganic compounds and diisocyanates (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council as regards the limit values for lead and its inorganic compounds and diisocyanates
Amendments (23)
Amendment 35 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The employers' obligations laid down in this Directive should take into account the fact that microenterprises and SMEs, which represent a large majority of enterprises in the Union, have limited financial, technical and human resources. In order to ensure the highest possible protection of workers in all companies, Member States should assess the impact of the implementation of this Directive and the related administrative burden on those enterprises, in order to ensure that they are not disproportionately affected, with specific focus on microenterprises, and to publish the results of such assessments. In doing so, Member States should maintain equal protection for all workers and facilitate compliance of microenterprises and SMEs. Against that background, specific measures, such as financial and administrative support, could help SMEs and microenterprises further to comply with the obligations laid down in Directive 2004/37/EC and progress towards the elimination of risks relating to exposure to carcinogens, mutagens or reprotoxic substances at the workplace, therefore benefitting all workers.
Amendment 37 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Cobalt and cobalt compounds meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and are therefore carcinogens within the meaning of Directive 2004/37/EC. It is possible, on the basis of the available information, including scientific and technical data, to set limit values for those carcinogens. Exposure to cobalt and cobalt compounds at workplaces may result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to urgently establish limit values for both the inhalable and respirable fractions of cobalt and of cobalt compounds in the context of Directive 2004/37/EC.
Amendment 46 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Lead is used in several sectors of strategic importance for reaching the goals set out in the European Green Deal and in Regulation (EU) 2021/11191, such as for example the batteries sector. Advancing the green transition, stimulating the circular economy and maintaining and enhancing the international strategic autonomy in raw materials are all priorities of the Union. __________________ 1 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)
Amendment 47 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Because of the harmful properties of lead and its inorganic compounds, relocation of lead-processing companies to third countries with less stringent occupational safety and health regulations needs to be avoided at all times.
Amendment 68 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Because of the current use of both a higher OEL and BLV for lead and its inorganic compounds and taking into account historical exposure of workers, health surveillance can show that workers are exceeding the new biological limit value of 15 µg/100ml blood. Given the fact that breaking down existing blood lead level is highly individual and can take several years, these workers should be granted temporary derogation to the new BLV for as long as their lead blood level exceeds the new BLV and be allowed to continue their work activities. To avoid layoffs, employers should relocate these workers to alternative functions with less exposure to lead. During this derogation, workers should be subject to enhanced medical surveillance to ensure a downward trend in their blood lead level. Whenever such relocation to alternative functions is not possible or medical surveillance shows a lack of downward trend, the European Commission should, after consultation with social partners, develop guidelines and recommendations for practical implementation by the Member States to ensure that their social safety net for workers is covering them, for example by supporting the reskilling of these workers.
Amendment 76 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 78 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) Some of the substances covered by this Directive, such as lead, are deemed necessary for the restoration of cultural heritage or certain cultural activities. For these substances and only when no suitable alternative exists, the Commission should assess the socio- economic benefits derived from the use of such substances against the risk posed to workers in these specific sectors or these activities. Based on this assessment and in consultation with the social partners, the Commission should consider targeted and limited exemptions for the cultural sector and heritage-related activities to existing OELs and BLVs.
Amendment 81 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) There is a need for in-depth knowledge on the long-term effect of lead and its inorganic compounds. Member States authorities should ensure, in particular, that the measures on the prevention and reduction of exposure measures for workers set out in Article 5 of Directive 2004/37/EC, as well as the information and training requirements provided for in Articles 11 and 12 and hygiene and individual protection measures set out in Article 10 of that Directive take into consideration the vulnerable situation of women in childbearing age.
Amendment 82 #
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9d) Union-wide data from work- related health problems due to lead exposure are often lacking, unreliable or insufficient. The European Commission should develop guidelines and recommendations for data collection by the Member States to improve the reporting and exposures registries.
Amendment 93 #
Proposal for a directive
Recital 15
Recital 15
(15) The limit values established in this Directive shouldare to be kept under regular scrutiny and reviewstrictly reviewed at least every five years on the basis of advances in knowledge and technologies, in order to ensure ongoing consistency with Regulation (EC) No 1907/2006 and with social, economic and technological developments.
Amendment 96 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
Amendment 102 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) The World Health Organization classified the occupational exposure of firefighter as carcinogenic to humans (Group 1). Occupational exposure as a firefighter includes a variety of hazards resulting from fires and non-fire events. Firefighters can be exposed to combustion products from fires, building materials, chemicals in firefighting foams, flame- retardants and diesel exhaust. The uptake of fire effluents or other chemicals can occur via inhalation and dermal absorption and possibly via ingestion. Such workers should therefore be better protected from such exposure.
Amendment 105 #
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects.
Amendment 127 #
Proposal for a directive
Article 2 – paragraph -1 – point 1 (new)
Article 2 – paragraph -1 – point 1 (new)
Directive 2004/37/EC
Article 2 –point b
Article 2 –point b
(1) in Article 2(1), point (b) is replaced by the following: "(b) ‘mutagen’ means: (i) a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008; (ii) a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex;"
Amendment 131 #
Proposal for a directive
Article 2 – paragraph -1 – point 3 (new)
Article 2 – paragraph -1 – point 3 (new)
Directive 2004/37/EC
Article 2 – point e a (new)
Article 2 – point e a (new)
(3) in Article 2(1), the following point is added: “(ea) 'hazardous medicinal products’ or HMP’ means medicinal products that contain one or more substances that meet the criteria for classification as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B) or toxic for reproduction (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008.”
Amendment 139 #
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: “4a. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, the implementation of the possible limit values of those substances shall be adapted to take into account the combined effects."
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Directive 2004/37/EC
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
In Article 14, the following paragraph is added: "4a. In case medical surveillance shows that a current or recently updated biological limit value is exceeded because of historical exposure, these workers should be granted a temporary derogation to this biological limit value and be allowed to continue to work. To avoid layoffs, employers should relocate these workers to alternative functions with less exposure. For the duration of this derogation, workers should be subject to enhanced medical surveillance to ensure a downward trend in their blood level. Whenever the continuation of work is not possible, Member States should, based on guidelines developed by the European Commission, ensure their social safety net for workers is covering affected workers, for example by supporting their reskilling."
Amendment 147 #
Proposal for a directive
Article 2 – paragraph -1 – point 6 (new)
Article 2 – paragraph -1 – point 6 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 a (new)
Article 18 a – paragraph 7 a (new)
(6) in Article 18a, the following paragraph is added: "By ... [twelve months after the date of entry into force of this amending Directive], the Commission shall, after consulting the ACSH, develop guidelines on how to further protect women of childbearing age from exposure to lead. These guidelines should include better information sharing and awareness- raising of the harmful effects of exposure to lead on the long term, support to employers on relocation to alternative functions with less exposure to lead within the company or incentives and support to enable reskilling of female workers if relocations proves impossible."
Amendment 148 #
Proposal for a directive
Article 2 – paragraph -1 – point 7 (new)
Article 2 – paragraph -1 – point 7 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 b (new)
Article 18 a – paragraph 7 b (new)
(7) in Article 18a, the following paragraph is added: “By ... [twelve months after the date of entry into force of this amending directive], the Commission shall consult with the social partners and evaluate if the Council Directive 92/85/EEC and its provisions on protection against lead exposure are fit for purpose and consider the inclusion of women of childbearing age, and, if appropriate, put forward a legislative proposal to amend this Directive;"
Amendment 149 #
Proposal for a directive
Article 2 – paragraph -1 – point 8 (new)
Article 2 – paragraph -1 – point 8 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 c (new)
Article 18 a – paragraph 7 c (new)
(8) in Article 18a, the following paragraph is added: “By ... [twelve months after the date of entry into force of this amending directive], the Commission shall review the implementation of this Directive. In the context of that review, it shall consider whether further amendments to this Directive are appropriate, shall assess the feasibility of including endocrine disrupters within the scope of this Directive and, where appropriate, shall present a legislative proposal.”
Amendment 150 #
Proposal for a directive
Article 2 – paragraph 1 f (new)
Article 2 – paragraph 1 f (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 d (new)
Article 18 a – paragraph 7 d (new)
In Article 18a, the following paragraph is added: “No later than 31 December 2023, the Commission shall, after consulting the ACSH and taking into account the RAC opinion of 2018 and the latest developments in scientific knowledge, present a legislative proposal to introduce the limit value for cobalt and cobalt compounds.”
Amendment 168 #
Proposal for a directive
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
Annexes I, III and IIIa to Directive 2004/37/EC are amended as follows:
Amendment 173 #
Proposal for a directive
Annex II – paragraph -1 a (new)
Annex II – paragraph -1 a (new)
Directive 2004/37/EC
Annex I – point 8 a (new)
Annex I – point 8 a (new)
(-1a) in Annex I, the following point is added: "8a. Work involving exposure to hazardous medicinal products.”