On 1 June, the Member States will have to decide during the meeting of the EU Council’s Working Party on Social Questions whether they agree to give the Swedish Presidency of the EU Council a new mandate to continue negotiations with the European Parliament on the revision of the directive on occupational exposure to asbestos.
The Presidency, which took note of the major differences of opinion between the two institutions at the first trilogue meeting in May, will ask them in particular whether they agree to lower the occupational exposure limit value, according to a document dated 26 May.
The second trilogue will take place on 7 June. In its mandate adopted at the end of November, the EU Council adopted the limit value proposed by the Commission, i.e. 0.01 fibres/cm³, and set a transition period of 7 years for switching to the electron microscopy method for detecting asbestos fibres.
In its mandate, the European Parliament Committee on Employment and Social Affairs (see EUROPE 13170/22) set this limit value at 0.001 fibres/cm³ after 4 years. By the end of this period, Member States must also have introduced the electron microscopy method.
The European Parliament is also proposing to extend the material and personal scope of the basic directive - in particular to new fibrous silicates and to people subject to passive or secondary exposure, which is often non-occupational.
Another difference with the EU Council mandate is that the European Parliament is proposing to introduce new requirements for prior notification of asbestos-related work, asbestos removal and disposal, asbestos screening and the introduction of a permit system for companies carrying out asbestos removal work.
“The Council’s mandate is limited to the Commission’s proposal and therefore does not include a position on the Parliament’s amendments that go beyond the Commission’s proposal,” explains the Swedish Presidency.
And it became clear during the first trilogue “that, without a mandate from the Council on the European Parliament’s proposals, it would not be possible to continue negotiations or agree on an overall package. Consequently, a revision of the Council’s terms of reference seems necessary if the trilogues are to continue”.
The Swedish Presidency nevertheless reiterates the strong attachment of the national delegations to the mandate of the Council of the EU, particularly with regard to the proposed occupational exposure limit, the fibre counting methodology and the transition period. “The European Parliament’s proposals in this respect have generally not been deemed realistic or achievable.”
An important aspect for the European Parliament is the reinforcement of training requirements for workers who are or may be exposed to asbestos, the document continues. Member States will also have to say on 1 June whether they can support the European Parliament’s amendments specifying the duration and content of compulsory training, as well as the introduction of certification requirements.
Link to the note: https://aeur.eu/f/74q (Original version in French by Solenn Paulic)