[ParlTrack]

Proposal for a regulation
Recital 1 a (new)

(1a) The right to a safe, clean, healthy and sustainable environment is becoming universally recognised as the number of states recognizing the right to a clean, safe, healthy and sustainable environment in various forms has grown over the past few years with more than 155 countries recognising this right, or elements of this right, in their national legal systems. The recognition of this right, and its guarantee, is a means of protecting workers and all people in the EU from exposure to asbestos and the resulting health risks.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 2 a (new)

(2a) According to Article 191(2) TFEU, Union policy on the environment shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Moreover, the recognition of the right to a safe, clean, healthy and sustainable environment by a growing number of Member States is the basis for a more ambitious protection of the environment and the populations affected by asbestos.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 5 a (new)

(5a) In the framework of the European renovation wave, there is a need to efficiently train workers and provide sufficient and focused support to help companies implement this Directive. In particular, national training plans for workers exposed to asbestos, with the necessary training infrastructure and technical support, could help facilitate the asbestos removal in the safest possible way.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 5 b (new)

(5b) The storage and recycling of asbestos-containing products poses a serious risk of contamination to workers and the environment. With the current state of scientific advancement, it is difficult to make asbestos waste inert. Therefore, landfills for asbestos waste are not a viable long-term solution, as future generations will have to deal with these wastes. The development of safe waste disposal plans is a fundamental requirement from an environmental and public health point of view. In order to avoid that these requirements lead to an increased export of asbestos waste to third countries, the Union should encourage the creation of treatment and inerting centres for asbestos waste.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 12

(12) Taking into account the exposure minimisation requirements set out in Directive 2009/148/EC of the European Parliament and the Council and Directive 2004/37/EC of the European Parliament and of the Council, employers should ensure that the risk related to the exposure of workers to asbestos at the place of work is reduced to a minimum and in any case to as low a level as is technically possible. On the basis of the opinion of the European Chemicals Agency (ECHA), among other organisations, and since 90% of occupational cancers in the EU are linked to asbestos exposure, the European Parliament voted unequivocally in Resolution 2019/2182(INL) to lower the maximum exposure limit for workers to a level corresponding to an airborne concentration of asbestos of 0.001 fibres per cm3 (1 000 fibres per m3) at any moment during the work process.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 13 a (new)

(13a) In some Member States, more than 70% of schools built before 1997 still contain asbestos. Moreover, out of approximately 1000 cancers caused by asbestos per year, 20 concern educational staff. Member States must therefore carry out a precise diagnosis and a census of schools and universities containing asbestos, in order to protect workers of this sector.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 14

(14) Preventive measures for the protection of the health of workers exposed to asbestos and the commitment envisaged for Member States with regard to the surveillance of their health are important, in particular the continuation of health surveillance after the end of exposure. These measures should take into account that some workers are much more exposed to asbestos than others, and this situation of environmental inequality reinforces the already existing economic inequalities. Construction workers in particular are highly exposed to asbestos.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 14 a (new)

(14a) The gender distribution of occupational and domestic activities is an additional risk factor for the diagnosis of asbestos-related diseases. Therefore, cleaning activities should be better taken into account in the diagnosis of pathologies related to asbestos exposure in order to strengthen female workers in this sector as well as those who perform tasks such as the cleaning of asbestos contaminated products. It is also essential that the legislative and non-legislative instruments of the Union and the Member States take into account the differences in exposure and complications related to gender in order to better prevent and detect pathologies caused by asbestos exposure.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 15 a (new)

(15a) Considering that the health consequences of asbestos exposure often occur decades after exposure to asbestos and can lead to difficulties in establishing causation in court, the Commission should introduce a legislation establishing a general liability regime for diffuse pollution to provide compensation for all damages for victims from diffuse pollution, including those who suffered from asbestos; the Commission should introduce a legislation compelling companies responsible for such pollution to cover all the medical costs of their victims, especially workers, when these are due to asbestos and other kinds of diffuse pollution.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Recital 15 b (new)

(15b) Considering the health risk posed by exposure to asbestos, the EU should not be involved in international trade in asbestos. The EU should therefore ban imports and exports of asbestos waste outside the EU. Future legislation on due diligence, which takes into account the environmental and human rights impacts of companies' activities in third countries, can contribute to corporate responsibility on asbestos. The EU should also work with other international organisations and third countries to achieve a global ban on asbestos and its complete eradication.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Directive 2009/148/EC
Article 3 – paragraph 4

(2a) Article 3, paragraph 4 is replaced by the following: 4. Member States shall, following consultation with representatives from both sides of industry, in accordance with national law and practice, ~~lay down practical guidelines for the determination of sporadic and low-intensity exposure~~develop sector- specific responses to protect workers from exposure to asbestos dust, including activities in the renovation and demolition, was ~~provided for in paragraph 3. (https://eur-lex.europa.eu/legal-c~~te management, mining, cleaning and firefighting sectors. These solutions must also take into account the release of asbestos into the environtment~~/EN/TXT/?uri=CELEX:02009L0148-20190726)~~." Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)

Directive 2009/148/EC
Article 5 – paragraph 2

~~Without prejud~~(2b) In Article ~~to the application of other Community provisions on the marketing and use of asbestos, a~~5, paragraph 2 is replaced by the following: Activities which expose workers to asbestos fibres during the extraction of asbestos or the manufacture and processing of asbestos products or the manufacture and processing of products containing intentionally added asbestos shall be prohibited, with the exception of the treatment and disposal of products resulting from demolition and asbestos removal ~~((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726))~~. Activities leading to the import or export of asbestos waste shall be prohibited. By ... [two years after the entry into force of this amending Directive], Member States must adopt binding national action plans for the complete elimination of asbestos and ensure the necessary financial means to implement these plans. Member states must create a public register to identify the presence of asbestos at national level and a best practice platform for asbestos removal. Member States’ national registers shall feed into a European register set up by the Commission within the same timeframe. Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.001 fibres per cm³ ast an ~~8-hour time-weighted average (TWA)~~y moment during the work process.

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Directive 2009/148/EC
Article 15

~~Before~~(6a) Article 15, paragraph 1 is replaced by the following : "1. Undertakings which intend to carry~~ing~~ out demolition or asbestos removal work~~, firms must provide evidence of their ability in this field. The evidence shall be established~~ shall be required to obtain a renewable permit from the competent authority before the start of work. Competent authorities may grant such permits if the applicant undertaking offers proof of adequate state of the art technical equipment for emission-free or, where this is not technically possible yet, low- emission work procedures in line with the requirements of Article 6, and training certificates for their individual workers in accordance with Article 14 and Annex 1a. 2. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national laws and~~/or~~ practice. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)~~3. Member States shall establish public registers of the undertakings authorised to remove asbestos under paragraph 1." Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)

Directive 2009/148/EC
Article 16 – paragraph 1 – point c

(~~c) workers are provided with appropriate working or protective clothing; this~~6b) In Article 16, paragraph 1, point c is replaced by the following: "c) workers are provided with appropriate working or protective clothing as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; that working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers; ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)~~" Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Directive 2009/148/EC
Article 19 a (new)

(7a) The following article is inserted: Article 19a 4a. Member states shall create [by two years after the entry into force of the regulation] a national register containing an exhaustive census of asbestos on national territory. The national register shall: be accessible to every public, online, in accordance with General Data Protection Regulation. It shall contain, at least: census of building, with date of construction of the building, information of the type of building (private or accessible to public), indication of asbestos in the building, indication on the type of asbestos, asbestos removal techniques (used or planned), asbestos removal work schedule (planned or past). The national register shall focus also on school buildings, with a prioritization for the asbestos removal work. This national register shall supplement a European register set up by the Commission within the same timeframe. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)

Directive 2009/148/EC
Article 20 – paragraph 1 a (new)

(7b) In Article 20, a new paragraph is inserted : Member States must establish a liability regime for diffuse pollution to compensate victims, including victims of asbestos. Member States must ensure effective access to justice and compensation for asbestos victims. Compensation shall cover all prejudice caused by this pollution, including the prejudice of anxiety, which should be recognised and compensated. In order to take into account the drudgery at work, the Member States must take into account the exposure to asbestos when they elaborate their social security and pension schemes. Employers responsible for such pollution shall cover all the medical costs of their victims, especially workers, when these are due to asbestos and other kinds of diffuse pollution. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 c (new)

Directive 2009/148/EC
Article 21 – paragraph 1 a (new)

(7c) Article 21 is replaced by the following: Article 21 Article 21 Member States shall keep a register of recognised cases of asbestosis ~~and mesothelioma~~, mesothelioma and other recognised cases of asbestos-related occupational diseases.. An indicative list of diseases that can be caused by asbestos exposure according to current knowledge is set out in Annex 1a. The term ‘recognised cases’ referred to in paragraph 1 shall not be limited to cases for which compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases. (https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:02009L014 8-20190726)

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 d (new)

Directive 2009/148/EC
Article 21 – paragraph 1 b (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)~~(7d) In article 21, a new paragraph is inserted : The Member States are required to develop treatment and inerting centres for waste containing asbestos on their territory. By 2050, each State must have at least one inerting centre allowing to treat [100%] of its asbestos-containing waste. Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)

Directive 2009/148/EC
Article 22 – paragraph 1 a (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)~~(7e) In article 22, a new paragraph is inserted: "Not later than [2 years after entry into force of the Directive], Member States shall draw up a plan for the safe, controlled and documented disposal of asbestos-containing waste, ensuring the availability of suitable waste treatment facilities. The plan shall include a solution for the total separation of waste cycles, in accordance with the principle of no asbestos contamination in waste cycles, preventing the reuse of building materials, ensuring maximum protection of workers in the field of the circular economy and guaranteeing environmentally safe storage of asbestos waste, according to the best available technologies. The national public register of landfills containing asbestos waste - as set in article 19 (new paragraph) - will have to be contained in the plan in order to avoid the uncontrolled diffusion of asbestos fibres in the air, the unintentional displacement of the soils in which these materials are buried, and the associated health risks for citizens. By [2 years after entry into force of the Directive], and every [year] thereafter, Member States shall publish a national roadmap for asbestos-free workplaces. This roadmap shall be elaborated with the participation of, at least: social partners and unions, asbestos victims' groups, tenants representatives, environmental organisations, representatives of national health services. This roadmap shall contain, at least: asbestos reduction national targets; access to the plan for the safe, controlled and documented disposal of asbestos- containing waste; access to the national public register; recall of the national regulation; best practices to reduce the exposure of workers to asbestos. It shall take into account gender balance issues. This roadmap shall propose a pathway to achieve the national target, and intermediate targets for asbestos free workplaces. Indicators shall be available and filed every [year]. The Commission shall assess national roadmaps [every 2 years] and publish its evaluation and recommendation." Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 f (new)

Directive 2009/148/EC
Annex I a (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)~~(7f) The following annex is inserted: “ANNEX Ia MINIMUM REQUIREMENTS FOR TRAINING 1. Workers who are, or who are likely to be, exposed to dust from asbestos or materials containing asbestos, shall receive mandatory training, encompassing at least the following minimum requirements: (a) The training shall be provided at the start of an employment relationship and at intervals not exceeding four years. (b) Each training course shall have a minimum duration of three working days. (c) The training shall be either provided by an instructor whose qualification is recognised by a national authority or by a certified institution in accordance with national law and practice. 2. Every worker who has attended training in a satisfactory manner and has passed the required test shall receive a training certificate indicating all of the following: (a) the date of the training; (b) the duration of the training; (c) the content of the training; (d) the language of the training; (e) the name, qualification, and contact details of the instructor or of the institution providing the training. 3. Workers who are, or who are likely to be, exposed to dust from asbestos or materials containing asbestos shall receive at least the following training, with a theoretical and a practical part, regarding all of the following: (a) the applicable law of the Member State in which the work is carried out; (b) the properties of asbestos and its effects on health, including the synergistic effect of smoking, as well as the risks linked to secondary and environmental exposure; (c) the types of products or materials likely to contain asbestos; (d) the operations that could result in asbestos exposure and the importance of preventive controls to minimise exposure; (e) safe work practices, including workplace preparation, choice of working methods and planning of work execution, ventilation, point extraction, measurement and control, and regular breaks; (f) the appropriate role, choice, selection, limitations and proper use of protective equipment, with special regard to respiratory equipment; (g) emergency procedures; (h) decontamination procedures; (i) waste disposal; (j) medical surveillance requirements. The training shall be adapted as closely as possible to the characteristics of the profession and the specific tasks and work methods it involves. 4. Workers who engage in demolition or asbestos-removal work shall be required to receive training, in addition to the training provided for pursuant to paragraph 4, regarding both of the following: (a) the use of technological equipment and machines to contain the release and spreading of asbestos fibres during the work processes, in accordance with this Directive; (b) the newest available technologies and machines for emission-free or, where this is not yet technically possible, low- emission working procedures, to contain the release and spreading of asbestos fibres." Or. en

2023/02/17
Committee: ENVI

Marie TOUSSAINT

Proposal for a regulation
Article 2 – paragraph 1 a (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)~~1 a. For the purposes of ensuring a smooth implementation of the provisions of this Directive, the Commission shall support Member States by providing appropriate technical guidance, as well as information on relevant Union funds which can be used to support that implementation, in particular when it comes to upgrading fibre counting methodologies; upgrading equipment, practices and training, at company level; and supporting households. Member States shall be encouraged to make use of these Union funds. Or. en

2023/02/17
Committee: ENVI

22 Amendments of Marie TOUSSAINT related to 2022/0298(COD)

ParlTrack - 2011-2024