EUROPEAN PARLIAMENT. Committee on the Environment, Public Health and Consumer Policy

Transcription

1 EUROPEAN PARLIAMT Committee on the Environment, Public Health and Consumer Policy 30 January 2003 PE /24-35 AMDMTS Draft report (PE ) Paul A.A.J.G. Lannoye Restrictions on the marketing and use of nonylphenol, nonylphenol ethoxylate and cement (twenty-sixth amendment of Council Directive 76/769/EEC) Proposal for a directive (COM(2002) 459 C5-0382/ /0206(COD)) Text proposed by the Commission Amendments by Parliament Amendment by Mauro Nobilia, Cristiana Muscardini and Antonio Mussa Amendment 24 Recital 3 (3) In order to protect the environment, it therefore appears necessary that the placing on the market and the use of NP and NPE should be restricted to specific uses. (3) In order to protect the environment, it therefore appears necessary that the placing on the market and the use of NP and NPE should be restricted to specific uses and that control systems should be used in order to ensure that waste water is totally free of phenols and derivatives. Or. it Phenols have a particularly serious environmental impact and steps must be taken to ensure that waste water is totally free of such products. Their presence can be easily tested for using appropriate analytical determination methods, the cost of which is derisory. AM\ doc PE /24-35

2 Amendment by Werner Langen Amendment 25 Recital 4 (4) Scientific studies have also shown that cement preparations containing chromium VI may cause allergic reactions in certain circumstances, if there is direct and prolonged contact with the human skin. (4) Directive 67/548/EEC classifies chromium VI compounds as sensitising. Scientific studies have also shown that cement preparations containing chromium VI may cause allergic reactions in certain circumstances, if there is direct and prolonged contact with the human skin. There is an inherent risk of direct and prolonged contact with the human skin in certain uses of cement. Or. de The level of chromium VI in cement is clearly under the limit laid down by Directive 1999/45/EEC. The amendment clarifies the Commission's text. Amendment by Torben Lund Amendment 26 Recital 4a (new) (4a) On the basis of the latest available scientific data, the Commission shall within two years of the date of the adoption of this Directive, submit a proposal to the Council and the Parliament for adoption of a further reduction of the limit value for chromate VI in cement and cement products. Or. en PE / /8 AM\ doc

3 Scientific studies have shown that allergic reactions caused by cement containing chromate VI are already to be found with exposure values of between 1.2 and 1.4 ppm. Due to this fact and to secure a high level of social and environmental protection, the Commission is obliged to take initiatives to reduce to level of chromate in cement, in no longer than 2 years after the adoption of the Directive. Amendment by Paul A.A.J.G. Lannoye Amendment 27 Recital 5a (new) (5a) Individual protection measures are necessary, but not sufficient to prevent skin contact with cement. Moreover, according to the hierarchy of protection provisions of directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work, the employer shall ensure as a priority that the level of exposure is reduced to as low a level as possible when substitution is impossible, and apply individual protection measures only where exposure cannot be prevented by other means. Or. en According to EC legislation, individual protection measures are the measure of last resort. AM\ doc 3/8 PE /24-35

4 Amendment by Werner Langen Amendment 28 Recital 6a (new) (6a) Some European countries have had good experience with individual protection measures comparable to those in other countries in which a chromate reduction was achieved; the Directive should, therefore, take these findings into account. Or. de The European Cement Association has commissioned the National Institute of Occupational Health in Oslo to carry out an epidemiological study, the findings of which will be available in April The findings of this study should be taken into account in the Directive. Amendment by Mauro Nobilia, Cristiana Muscardini and Antonio Mussa Amendment 29 ANNEX, POINT XX, SECOND COLUMN, PARAGRAPH 1, SUPARAGRAPH 3, INDT 2 Annex I, point XX (Directive 76/769/EEC) - systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin); - systems with special treatment where the process water is pre-treated to remove the organic fraction completely and subjected to spectrophotometric testing to ensure that it is totally free of phenols and derivatives thereof prior to biological waste water treatment (degreasing of sheepskin); Or. it Phenols have a particularly serious environmental impact and steps must be taken to ensure that waste water is totally free of such products. Their presence can be easily tested for using appropriate analytical determination methods, the cost of which is derisory. This is because phenols (in this instance, of organic origin) may in some cases escape the organic fraction and dissolve completely in the water. Spectrophotometric testing can provide a cast iron guarantee that the water is totally free of phenols and can be afforded by all companies. PE / /8 AM\ doc

5 Amendment by Emilia Franziska Müller Amendment 30 ANNEX POINT XX SECOND COLUMN FIRST PARAGRAPH POINT 8A (new) (8a) constituents of plant protection products covered by Directive 91/414/EEC; current national authorisations should be revoked after a transition period of five years from the date on which this Directive enters into force. Or. de It is possible to use a substitute for NPE in plant protection products. However, before authorisations for new formulations can be applied for, technical development work and safety and effectiveness tests need to be carried out. Experience has shown that a period of five years is needed to carry out this work and authorise the product. Amendment by Mauro Nobilia, Cristiana Muscardini and Antonio Mussa Amendment 31 ANNEX, POINT XX Cement, PARAGRAPH 1 Annex I, point XX Cement (Directive 76/769/EEC) May not be placed on the market or used as a substance or constituent of preparations, if it contains more than 0,0002 % soluble chromium VI of the total dry weight of the cement, for manual activities, where there is a risk of contact to the skin. May not be placed on the market or used as a substance or constituent of preparations, if it contains more than 0,0002 % chromium VI of the total dry weight of the cement. This ban shall not apply to products manufactured using controlled, closed and totally automated processes in which the products are handled solely by machines and in which there is no risk of contact. Or. it AM\ doc 5/8 PE /24-35

6 Soluble chromium VI is beyond doubt the most aggressive and harmful substance. Furthermore, even non-soluble forms of chromium VI can come into contact with the organism, for example by inhalation of impalpable dust. What is more, restricting the use of cement only in connection with manual activities is inappropriate given the lack of a definition of the term 'manual activities' and of agreements between the Member States on the type of activities the measure would cover. Although most jobs in the cement industry are extensively automated, only some manufacturing processes that use closed-circuit, fully automated systems are exempt from all risk of contact with the human organism and may therefore be the subject of derogations. Amendment by Torben Lund Amendment 32 ANNEX POINT XX CEMT SECOND COLUMN FIRST SECTION Annex I, point XX Cement (Directive 76/768/EEC) May not be placed on the market or used as a substance or constituent of preparations, if it contains more than 0,0002 % soluble chromium VI of the total dry weight of the cement, for manual activities, where there is a risk of contact to the skin. May not be placed on the market or used as a substance or constituent of preparations, if it contains more than 0,0002 % soluble chromium VI of the total dry weight of the cement, for manual or other activities, where there is a risk of contact to the skin. Or. da The ban on placing on the market should apply to all activities where there is a risk of contact with the skin, including automated or closed systems which cannot suppress dust containing chromium VI. PE / /8 AM\ doc

7 Amendment by Robert Goodwill Amendment 33 ANNEX, POINT XX Cement, SECOND COLUMN, PARAGRAPH 1 A (NEW) Annex I, point XX Cement (Directive 76/769/EEC) By way of derogation the marketing and use of cement with more than 0,0002% of soluble Chromium VI is allowed in applications where precast concrete products, ready mixed concrete and readyto-use cement preparations are manufactured and/or applied in industrial machine-based automated processes, characterised by the processing of the constituents in controlled closed systems. Or. en In the type of controlled industrial applications listed specific precautions can be taken to prevent exposure. Amendment by Werner Langen Amendment 34 ANNEX, POINT XX Cement, SECOND COLUMN, PARAGRAPH 1 A (NEW) POINT 8A (NEW) Annex I, point XX Cement (Directive 76/769/EEC) The marketing and use of cement with more than 0,0002% of soluble Chromium VI is allowed in applications where precast concrete products, ready mixed concrete and ready-to-use cement preparations are manufactured and/or applied in industrial automated processes, characterised by the processing of the constituents in controlled closed systems. Or. de AM\ doc 7/8 PE /24-35

8 Individual protective measures can readily be taken in the industrial environment concerned. Amendment by Paul A.A.J.G. Lannoye, Dagmar Roth-Behrendt Amendment 35 ANNEX, POINT XX Cement, SECOND COLUMN, PARAGRAPH 2 A (NEW) Annex I, point XX Cement (Directive 76/769/EEC) the latest by xx.xx.200x [one year after the date of entry into force of this Directive] a proposal for amending Annex I of directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work so as to establish a binding occupational exposure limit value for dust. Or. en Given the evidence about increased cancer risk to the upper respiratory tract for cement workers, it is appropriate to reduce the risks by occupational exposure limit values to dust in general. PE / /8 AM\ doc