Answer given by Mr Schmit on behalf of the European Commission
18.3.2021
In the first batch of amendments to Directive 2004/37/EC[1], the co-legislators asked the Commission to assess the option of amending the scope of the directive to include reprotoxic substances.
The Commission carried out an external study[2] to support this assessment, which looked at different options to address reprotoxic chemicals at the workplace in order to gather comprehensive information for further action. The results of the study were transmitted to the Working Party Chemicals (WPC) of the tripartite Advisory Committee on Safety and Health at Work to gather their views on possible next steps.
The study did not conclude that extending Directive 2004/37/EC to cover reprotoxic substances would have a significant added value. It however considered that setting stricter or new limit values for major reprotoxic substances would significantly improve workers protection.
According to the study, the latest scientific knowledge indicates that lead and its compounds are the most important of all the reprotoxic chemicals to which workers may be exposed. The Commission therefore requested the European Chemicals Agency to carry out a new scientific evaluation of this group of substances. This evaluation is complete and discussions are ongoing in the WPC together with a further external study that looks specifically at lead, to support a possible updating of the existing limit values laid down in the Chemical Agents Directive 98/24/EC (CAD)[3].
The Commission has also launched the first stage consultation of the social partners at EU level, in accordance with Article 154(2) of the Treaty on the Functioning of the European Union, on the possible direction of EU action concerning a revision of the CAD to update the limit values for lead and its compounds[4].
- [1] Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work, OJ L 345, 27.12.2017, p. 87‐95.
- [2] The study is published at: https://op.europa.eu/en/publication-detail/-/publication/094387fb-da9a-11e9-9c4e-01aa75ed71a1
- [3] Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work, OJ L 131, 5.5.1998, p. 11‐23.
- [4] https://ec.europa.eu/social/main.jsp?advSearchKey=asbestos&mode=advancedSubmit&catId=22&policyArea=0&policyAreaSub=0&country=0&year=0