On 22 July, the Irish Presidency of the EU Council will try to submit to the Member States’ deputy permanent representatives the text of the provisional agreement reached between the Cyprus Presidency and the European Parliament on the sixth revision of the Carcinogens, Mutagens and Reprotoxic Substances Directive (see EUROPE 13903/24).
While Parliament’s Committee on Employment and Social Affairs is ready to proceed with a confirmation vote, once the legal-linguistic finalisation work has been completed, as Parliament’s rapporteur, Liesbet Sommen (EPP, Belgian), said on Wednesday 15 July, several Member States are still having difficulties with the not necessarily foreseen implications of this agreement. They have asked for time to clarify certain concepts and the way in which the agreement should be interpreted.
Germany has thus expressed several difficulties in relation to its national law, among other things on welding fumes, and other countries, such as France, have also identified unforeseen consequences, with the Cyprus Presidency having, according to some countries, wanted to move a little too quickly to secure an agreement and perhaps underestimated the scale of certain adjustments.
Germany, France, as well as countries such as Belgium, which are also experiencing difficulties with the interpretation of the provisional agreement, could therefore form a blocking minority if these clarifications were not provided.
In recent days, France has therefore circulated a declaration explaining how this agreement should be interpreted, particularly regarding personal protective equipment which may prove very burdensome.
In order to prevent or reduce exposure to carcinogenic, mutagenic and reprotoxic substances, Directive 2004/37/EC establishes a hierarchy of technical and organisational measures. In this context, personal protective equipment (PPE), in particular individual respiratory protective equipment, must be used as a last resort, the French text states.
“To ensure their full effectiveness, PPE must be chosen according to the risks involved, without creating any additional risks. They must correspond to the existing conditions at the workplace, take account of ergonomic requirements and the worker’s state of health, and be correctly adjusted after any necessary adjustment, in accordance with Articles 4 and 5 of Directive 89/656/EEC.”
In addition, “it is necessary to ensure that PPE is maintained in good working order and in satisfactory hygienic conditions through the necessary maintenance, repair and replacement measures. Since the use of PPE, in particular respiratory protective equipment and protective coveralls, may have an impact on workers’ health, it is necessary to assess the need for additional breaks”, the text says. (Original version in French by Solenn Paulic)