On Thursday 11 October, the European Parliament and Council of the EU agreed to set 0.05 mg/m³ as the cap on diesel fumes, as desired by MEPs, after the fourth meeting on the second review of Directive 2004/37/EC on exposure to carcinogens and mutagens at work.
"The Commission had the courage to open a dossier that is very tricky because it requires ambition for the health of workers and at the same time it requires us to take into account the truth of corporate life", said the European Parliament rapporteur, Claude Rolin (EPP, Belgium), welcoming an agreement that puts into practice "Europe that protects".
The most important thing, he said, was that the upper limit of 0.05 mg/m³ calculated from elementary carbon, as proposed by the European Parliament, and this had been put in Annexes 1 and III to the legislation. Nevertheless, incorporation of this cap had been accepted by the Council in return for several trade-offs, he said in response to EUROPE.
Thus, only for diesel fumes, the transposition timing remains two years, but two more years have been granted for all sectors for the implementation apart from tunnelling and mining, which will have five more years. The latter two sectors use explosive engines whose fumes are difficult to control, explained Rolin.
It was not easy, however, as at the Council, some delegations expressed strong reluctance to incorporate an upper limit, including Spain, Italy, Poland, Hungary and the United Kingdom. The latter country is said to be particularly hostile to the final agreement that was reached.
In early September, the Austrian Presidency of the Council of the EU organised a seminar on the question which is reported to have removed the deadlock in member states’ positions with the intervention of Germany, which is reported to already have these measures in its legal system.
Another area of satisfaction for Rolin, himself a former trade unionist, is the role of the social partners, which is clearly identified in the text. They may now compile recommendations and sign more ambitious agreements than the measures set out in the directive.
The directive adds upper limits for five other carcinogens: trichloroethylene, epichlorhydrin, ethylene dibromide, ethylene dichloride, 4.4'-methylene-bis (see EUROPE 11995).
Fourth revision in sight. Questioned by EUROPE, Employment and Social Affairs Commissioner Marianne Thyssen said she was working "day and night" to present a fourth proposal for a review of the EU rules before the end of her mandate. But she conceded that the proposal would most likely be presented by the next Commission. The prime objective is to conclude the third review, which is currently being negotiated.
In this connection, the commissioner hoped the future Commission would keep the momentum of the current revision. Under Thyssen’s mandate, with the first review (see EUROPE 11851), some 21 carcinogens were introduced (of the 22 currently in the directive).
Satisfaction for the trade unions. The European Trade Union Confederation (ETUC) welcomes the agreement reached as a victory for the European trade union movement, explained confederal secretary Esther Lynch, hoping that reprotoxic substances would soon be added to the directive.
The ETUC wants to add 50 carcinogens to the list of upper limits on products to which workers are exposed at work. (Original version in French by Pascal Hansens)