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22.4.

98 EN Official Journal of the European Communities C 123/21

‘Whereas, following the amendments made to the various Regulations on the common
organisation of the markets in the agriculture sector by Council Regulation (EC) No
3290/94,Ø(Î) refunds for certain agricultural products exported in the form of goods not
covered by Annex II to the Treaty may be granted only if they are in line with the
commitments entered into by the Community pursuant to Article 228 of the Treaty; whereas
the arrangements needed to ensure compliance with such commitments can be adopted
under the procedure referred to in Article 16 of Regulation (EC) No 3448/93;’;

2.Ùin Article 1(2), as regards the amendment of the third subparagraph of Article 2(1) of Regu-
lation (EC) No 3448/93, ‘For the goods listed in Table 2 of Annex B, the agricultural
component of the charge shall be part of the single ad valorem duty applicable to imports of
such goods.’ shall be replaced by ‘For the goods listed in Table 2 of Annex B, the agri-
cultural component of the charge shall be part of the charge applicable to imports of such
goods.’;

3.ÙArticle 1(3) is deleted; Article 1(4)-(10) shall be renumbered Article 1(3)-(9);

4.Ùthe second paragraph of Article 2 is deleted.

Statement by the Commission


‘The Commission will propose, pursuant to Article 13(1) of Council Regulation (EEC) No
1766/92 on the common organisation of the market in cereals and the equivalent provisions of
the other Regulations on the common organisation of the markets providing for the granting
of refunds for certain agricultural products exported in the form of goods not covered by
Annex II to the Treaty, and under the procedure provided for in Article 16 of Regulation (EC)
No 3448/93, appropriate measures ensuring that the payment of the refunds in question is
within the limits resulting from the agreements concluded pursuant to Article 228 of the
Treaty.’

(Î)ÙOJ L 349, 31.12.1994, p. 105.

Proposal for a Council Directive amending for the second time Directive 90/394/EEC on the
protection of workers from the risks related to exposure to carcinogens at work

(98/C 123/12)
(Text with EEA relevance)

COM(1998) 170 final — 98/0093(SYN)

(Submitted by the Commission on 18 March 1998)

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the proposal from the Commission,
drawn up following consultation with the Advisory
Having regard to the Treaty establishing the European Committee on Safety, Hygiene and Health Protection at
Community, and in particular Article 118a thereof, Work,

Having regard to the opinion of the Economic and


Having regard to Council Directive 90/394/EEC of Social Committee,
28 June 1990 on the protection of workers from the risks
related to exposure to carcinogens at workØ(Î), as
amended for the first time by Directive 97/42/ECØ(Ï), Acting in accordance with the procedure referred to in
Article 189c of the Treaty,

Whereas Article 118a of the Treaty provides that the


(Î)ÙOJ L 196, 26.7.1990, p. 1. Council shall adopt, by means of directives, minimum
(Ï)ÙOJ L 179, 8.7.1997, p. 4. requirements for encouraging improvements, especially
C 123/22 EN Official Journal of the European Communities 22.4.98

in the working environment, to ensure a better level of specific risks related to carcinogens aims not only to
protection of the safety and health of workers; ensure the protection of the health and safety of each
individual worker but also to provide a level of minimum
protection of all workers in the Community;
Whereas, under the terms of that Article, such directives
are to avoid imposing administrative, financial and legal
constraints in a way which would hold back the creation Whereas a consistent level of protection from the risks
and development of small and medium-sized under- related to carcinogens has to be established for the
takings, Community as a whole and whereas that level of
protection has to be set by a framework of general prin-
ciples to enable Member States to apply the minimum
Whereas germ cell mutagens are substances which can requirements consistently.
cause a permanent change in the amount or structure of
the genetic material of a germ cell, which may in turn
lead to a change in the phenotypic characteristics of that Whereas this amendment constitutes a practical aspect of
cell, and which may be transmitted to future generations the realisation of the social dimension of the internal
of offspring. market;

Whereas because of their interaction with DNA germ Whereas, pursuant to Decision 74/325/EECØ(Î), the
cell mutagens are likely to have carcinogenic effects; Advisory Committee on Safety, Hygiene and Health
Protection at Work is to be consulted by the
Commission with a view to drawing up proposals in this
Whereas vinyl chloride monomer is classified as a cate- field,
gory 1 carcinogen under Council Directive 67/548/
EEC;
HAS ADOPTED THIS DIRECTIVE:

Whereas, for the sake of consistency and clarity, the


essential provisions of Council Directive 78/610/EEC on Article 1
the approximation of the laws, regulations and adminis-
trative provisions of the Member States on the protection Directive 90/394/EEC, as amended for the first time by
of health and safety of workers exposed to vinyl chloride Directive 97/42/EC, is hereby amended as follows:
monomer should be included in this Directive, without
reducing the level of protection of the health and safety
of workers. 1.ÙArticle 1.4 shall be replaced by the following:

‘As regards asbestos, which is dealt with by a specific


Whereas Council Directive 78/610/EEC can be repealed Directive, the provisions of this Directive shall apply
after the entry into force of this Directive; when they are more favourable to safety and health at
work.’
Whereas the carcinogenicity of oak and beech dusts has
been confirmed in epidemiological studies on workers 2.ÙItems 5 to 7 shall be added to Annex I
exposed; whereas, a large number of workers are
exposed to a potential health risk;
‘5.ÙWork involving exposure to wood dusts from the
following species: beech and oak.
Whereas Article 16 of Directive 90/394/EEC makes
provision for the establishment of exposure limit values
in respect of all carcinogens for which this is possible, on 6. A substance which meets the criteria for classifi-
the basis of the available information, including scientific cation as a category 1 or 2 mutagen set out in
and technical data; Annex VI to Directive 67/548/EEC;

7. A preparation composed of one or more


Whereas it is appropriate to fix such limit values for substances referred to in point 6 where the
wood dust; whereas the current limit values for vinyl concentration of one or more of the individual
chloride monomer should be reduced to reflect best substances meets the requirements for concen-
minimum standards for technological practices which tration limits for the classification of a preparation
reflect feasibility factors while maintaining the aim of as a category 1 or 2 mutagen set out either:
ensuring the health of workers at work;

Whereas the respect of the minimum requirements on (Î)ÙOJ L 185, 9.7.1974, p. 15. Decision as last amended as a
the protection of health and safety of workers from the result of the 1994 Acto of Accession.
22.4.98 EN Official Journal of the European Communities C 123/23

—Ùin Annex I to Directive 67/548/EEC, or Annex I to Directive 67/548/EEC or appear in


it without concentration limits,’
—Ùin Annex I to Directive 88/379/EEC where 3.ÙIn part A of Annex III the following agent shall be
the substance or substances do not appear in added:

Limit values
Name of agent EINECSØ(Î) CASØ(Ï) Notation Derogations
mg/m3 (Ð) ppmØ(Ñ)

Vinyl chloride monomer 200-831 75-01-4 7,77Ø(Ò) 3Ø(Ò) — —


3,88Ø(Ó) 1,5Ø(Ó)
Wood (oak and beech) dust 5,0ÙØ(Ô)

(Î)ÙEINECS: European Inventory of Existing Chemical Substances.


(Ï)ÙCAS: Chemical Abstract Service Number.
(Ð)Ùmg/m3 =Ømilligrams per cubic metre of air at 20Ø&C and 101,3 KPa (760 mm mercury pressure).
(Ñ)ÙppmØ=Øparts per million by volume in air (ml/m3).
(Ò)ÙMeasured or calculated in relation to a reference period of eight hours.
(Ó)ÙOverriding annual exposure limit measured or calculated as average value for one year.
(Ô)ÙWood dust as total dust; it refers to that portion of dust that can possibly be inhaled. It is collected by a sampling
device operating at an air intake velocity of 1,25 m/s n 10Ø%.

Article 2 comply with Directive not later than .Ø.Ø. They shall
forthwith inform the Commission thereof.
Directive 78/610/EEC on the approximation of the
laws, regulations and administrative provisions on the
protection of health of workers exposed to vinyl chloride
monomer shall be repealed with effect from Ø.Ø.Ø.. When Member States adopt these provisions, they shall
contain a reference to this Directive or shall be accom-
panied by such reference at the time of their official
Article 3 publication. The procedure for such reference shall be
laid down by the Member States.
On the basis of the latest available scientific data, the
Commission may within five years of the date of this
Directive present a proposal to the Council for the
adoption of revised limit values for vinyl chloride 2.ÚÙMember States shall communicate to the
monomer and wood (oak and beech) dust in accordance Commission the texts of the provisions of national law
with Article 118A of the Treaty. which they adopt in the field covered by this Directive.

Article 4
Article 5
1.ÚÙMember States shall bring into force the laws,
regulations and administrative provisions necessary to This Directive is addressed to the Member States.