6/25/2021 legislation-profile - ECHA

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ECHA > EUCLEF > CMD - Carcinogens and Mutagens Directive

CMD - Carcinogens and Mutagens Directive

Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to
carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)

Scope
SUBSTANCE LISTS
Exemptions Scope
CMD - Carcinogens and
Regulatory activities Mutagens Directive, Annex III
This Directive has its aim the protection of workers against risks to
Relevant product types their health and safety, including the prevention of such risks, arising - OELVs
or likely to arise from exposure to carcinogens or mutagens at work.It Carc and Muta Directive,
Reference documents
lays down particular minimum requirements in this area, including limit Annex I - Substances,
Obligations based on CLP hazard values. (Art. 1 (1)) This Directive shall apply to activities in which Mixtures & Processes
class workers are or are likely to be exposed to carcinogens or mutagens as
a result of their work. (Art. 3(1)) SEE ALSO
Obligations based on properties of
concerns

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EU-level occupational exposure Exemptions Chemical, Physical and

limits Biological Agents at Work
The Directive shall not apply to workers expose only to radiation Directive
EU-level emission limit values
covered by the Treaty establishing the European Atomic Energy OELs - Occupational Exposure
Substance-centric data source(s) Community. (Art.1 (2)) As regards asbestos, which is dealt with by Limits - 1st list
at the EU level
Directive 83/477/EEC, the provisions of this Directive shall apply
OELs - Occupational Exposure
Industry submission system in whenever they are more favourable to health and safety at work. (Art.
Limits - 2nd list
place 1(4))
OELs - Occupational Exposure
Format for industry submission
Limits - 3rd list
Owner OELs - Occupational Exposure
Regulatory activities Limits - 4th list
Update process

Amendments
View Legislation Summary
View Full Legislation
(a) Risk assessment by employer (Art. 3) (b) Submission of information
for the competent authorities by employer - where the results of the See a problem or have
assessment referred to in Article 3(2) reveal a risk to workers' health or feedback?
safety, employers, shall, when requested, make available to the
competent authority. (Art. 6) (c) MS Health surveillance - the MS shall
establish, in accordance with their national laws and/or practice,
arrangements for carrying out relevant health surveillance of workers.
(Art. 14)

Relevant product types

No reference data required

Reference documents
Yes Directive 89/391/EC Regulation (EC) No 1272/2008

Obligations based on CLP hazard class

Yes. Definition of 'limit value', 'carcinogen' and 'mutagen'. Reference is
made to Regulation (EC) No 1272/2008.

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Obligations based on properties of concerns

Yes Article 3- Determination and assessment of risks

EU-level occupational exposure limits

Yes Annex III of the Directive

EU-level emission limit values

No provision

Substance-centric data source(s) at the EU level

Not in place

Industry submission system in place

Not in place

Format for industry submission

Not specified

Owner
European Agency for Health and Safety at Work (OSHA)

Update process
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According to Article 16 of the Directive, the Council shall, in accordance

with the procedure laid down in Article 137 (2) of the Treaty, set out
limit values in Directives on the basis of available information. Annexes
I and III may be amended in accordance only with the procedure laid
down in Article 137 (2) of the Treaty. (Art. 17 (1)) Purely technical
adjustments to Annex II in the light of technical progress, changes in
international regulations or specifications and new findings in the field
of carcinogens or mutagens shall be adopted in accordance with the
procedure laid down in Article 17 of the Directive 89/391/EC.

Amendments
Corrigendum to Directive 2004/37/EC of 29 April 2004 on the
protection of workers from the risks related to exposure to carcinogens
or mutagens at work (Sixth individual Directive within the meaning of
Article 16(1) of Council Directive 89/391/EEC) (codified version)
DIRECTIVE 2014/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 26 February 2014 DIRECTIVE (EU) 2017/2398 OF THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2017
DIRECTIVE (EU) 2019/130 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 16 January 2019 DIRECTIVE (EU) 2019/983 OF THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019
REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 20 June 2019

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