Background

11.1  Council Directive No. 83/477/EEC[30] sets out measures to protect workers from exposure to asbestos. It provides that, where such exposure is likely, the risk must be assessed. Steps must be taken to reduce asbestos dust to as low a level as possible, and in any case below the limits specified in the Directive. Where those limits are exceeded, remedial measures must be taken, and adequate protection provided for the workers affected. Additional restrictions apply where the concentration of asbestos fibres in the air exceeds certain thresholds. In addition, asbestos has since 1991 been classified as a carcinogen, and hence subject to the more stringent provisions of Directive 90/394/EEC[31].

11.2  As required under Directive 83/477, the Commission produced about 18 months ago a report to the Council on its operation. This concluded that the existing framework of Community legislation dealing with asbestos was adequate, and would need radical amendment only if it were decided to extend prohibitions on the use of asbestos. Our predecessors cleared this[32] as not raising questions of legal or political importance.

The proposal

11.3  The present document sets out draft Council conclusions, prepared by the UK Presidency. If adopted, these would invite the Commission to bring forward further amendments to Directive No. 83/477. The aim would be to refocus protective measures on workers who are now most at risk; extend current risk assessment provisions to include workers exposed only incidentally to asbestos; introduce more stringent controls for high-risk activities, such as asbestos removal; revise action levels and exposure limits to improve minimum protection levels; and review the assessment of asbestos fibres in air to take account of new WHO counting methods. In addition, the Commission would be asked to review the use of certain synthetic fibres commonly used as substitutes for asbestos, and to consider how to encourage better information for workers at risk.

The Government's view

11.4  In her Explanatory Memorandum of 28 February, the Parliamentary Under-Secretary of State (Angela Eagle) points out that, whilst the Government accepts that the regulatory framework provided by the current Directive is basically sound, it believes there is some scope for updating it to take account of the new focus of risk groups. The Government adds that the draft conclusions also meet UK concerns about non-regulatory action.

Conclusion

11.5  The document would not of itself entail legislative action, but would presumably act as a catalyst for proposals for such action from the Commission in due course. Since there will be an opportunity to examine these at a later date, we clear the document.