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REPORT (COM(2023)0071 – C90022/2023 – 2023/0033(COD))

On the proposal for a directive of the European Parliament and of the Council amending Council Directive 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council as regards the limit values for lead and its inorganic compounds and diisocyanates

A-9-2023-0263

Committee on Employment and Social Affairs · Rapporteur: Nikolaj Villumsen

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Directive 98/24/EC and Directive 2004/37/EC on limit values for lead, its inorganic compounds and diisocyanates. It sets occupational exposure limits and biological limit values, adds rules for workers with historical exposure, and requires reviews and guidelines. It introduces a notation for lead as a non-threshold reprotoxic substance, requires employers to reduce exposure as low as technically possible, and sets a transitional value for diisocyanates until 31 December 2028. It requires the Commission to review limit values regularly, develop guidelines on historical exposure and combined exposure, define 'carcinogenic occupations', and consider extending the scope to endocrine disruptors and new substances such as cobalt, benzene, lithium, welding fumes and leather dust. It adds rules on hazardous medicinal products, combined exposure, and protection of informal workers, and calls for targeted exemptions for cultural and heritage-related activities.

Committee position. The Committee on Employment and Social Affairs proposes to adopt Parliament's position at first reading with amendments to the Commission proposal, including new limit values for lead and diisocyanates, review clauses, and provisions on historical exposure, combined exposure, carcinogenic occupations, endocrine disruptors and additional substances.

Key points

  1. Member States should maintain equal protection of all workers and facilitate compliance by SMEs and microenterprises, monitoring and reporting the effects of implementation on them.
  2. Lead and its inorganic compounds are reprotoxic substances; a notation as 'non-threshold reprotoxic substance' should be introduced and employers should reduce occupational exposure as low as technically possible.
  3. The Committee for Risk Assessment recommended an occupational exposure limit of 4 μg Pb/m3 as an 8-hour time-weighted average and a binding biological limit value of 15 µg Pb/100ml (150 µg Pb/L).
  4. The Biological Guidance Value for female workers of childbearing age should be assessed by the Commission in a forthcoming revision and established as a binding biological limit value close to reference values of the general population.
  5. Employers should move workers with accumulated blood-lead levels above the revised biological limit value to other tasks; workers with levels between 15-30 µg Pb/100ml may continue exposure if a decline is established, under enhanced medical surveillance.
  6. The Commission should develop guidelines and recommendations on workers with historical exposure, including adequate compensation, support and reskilling, and on data collection by Member States.
  7. An occupational exposure limit of 6 µg NCO/m³ and a short-term exposure limit of 12 µg NCO/m³ are established for diisocyanates, with a transitional value of 10 µg NCO/m³ and 20 µg NCO/m³ until 31 December 2028.
  8. The Commission should launch a revision process for the occupational exposure limit and short-term exposure limit values for diisocyanates no later than 31 December 2029.
  9. The Commission should submit a legislative proposal to introduce a limit value for cobalt and inorganic cobalt compounds, and assess the feasibility of a further reduction of the limit value for benzene by 1 January 2028.
  10. The Commission should review the implementation of the Directive, assess the feasibility of including endocrine disrupters within its scope, and submit a legislative proposal where appropriate.
  11. The Commission should develop a definition of 'carcinogenic occupations' and assess the appropriateness to include such occupations in the scope of the Directive.
  12. The Commission should revise its action plan to achieve occupational exposure limits for additional substances, including lithium and lithium compounds, methyl hydrazine, 1,3-propanesultone, welding fumes and leather dust.

Who is affected

  • Workers exposed to lead and its inorganic compounds, including female workers of childbearing age and workers with historical exposure.
  • Workers exposed to diisocyanates, including in downstream sectors such as paints, demolition, repair and waste management.
  • SMEs and microenterprises, which should be monitored and supported to comply with the obligations.
  • Workers in the cultural heritage sector, for whom targeted and limited exemptions may be considered.
  • Informal workers in waste collecting, sorting and recovery sectors, to whom the protective measures should apply equally.

Figures and deadlines

  • 4 μg Pb/m3 as an 8-hour time-weighted average, recommended by the Committee for Risk Assessment.
  • 15 µg Pb/100ml (150 µg Pb/L), recommended as a binding biological limit value.
  • 70 µg Pb/100ml, the current biological limit value within which adverse health effects can be observed.
  • 15-30 µg Pb/100ml, blood-lead levels at which workers may continue exposure if a decline is established.
  • 6 µg NCO/m³ occupational exposure limit and 12 µg NCO/m³ short-term exposure limit for diisocyanates.
  • 10 µg NCO/m³ transitional value and 20 µg NCO/m³ short-term exposure limit until 31 December 2028.
  • 31 December 2029, deadline for the Commission to launch a revision process for diisocyanates limit values.
  • 1 January 2030, deadline for the Commission to submit legislative amendments on benzene if appropriate.

Legal basis: Article 294(2) and Article 153(2), point (b), in conjunction with paragraph 1, point (a) of the Treaty on the Functioning of the European Union.