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Restriction to the placing on the market of Asbestos within the EU (Dir 1999/77/EC)

Restriction to the placing on the market of Asbestos within the EU (Dir 1999/77/EC). European Commission ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL Chemicals Unit - G2 Stéphane Brion – Bucarest 21 October 2005. Introduction. 1/ History 2/ Scope of Directive 1999/77/EC 3/ Derogation

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Restriction to the placing on the market of Asbestos within the EU (Dir 1999/77/EC)

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  1. Restriction to the placing on the market of Asbestos within the EU (Dir 1999/77/EC) European Commission ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL Chemicals Unit - G2 Stéphane Brion – Bucarest 21 October 2005

  2. Introduction • 1/ History • 2/ Scope of Directive 1999/77/EC • 3/ Derogation • 4/ Opinion from the SCTEE • 5/ Conclusions

  3. History • Asbestos : Mineral silica-based fibre found in certain types of rocks; • Used since the Antiquity; • 2 groups : serpentine / amphibole; • Many commercial applications due to its unique thermal and chemical properties, low conductivity, elasticity, mechanic resistance… • Common uses included insulation and fire protection in buildings, automobile brake linings, cement industry… • Asbestos can cause asbestosis (serious scarring of the lung), lung cancer and mesothelioma (cancer of the pleura);

  4. History • 1977 : all cat. of asbestos fibres have been classified as Carc. cat 1 (IARC); • 1986 : WHO recommended (Convention n° 162) to substitute asbestos as far as possible by non-Asbestos products; • 1993 : All cat. of Asbestos have been classified as Carc. Cat 1 (EU; Dir 1993/72/EEC); • 1996 :WHO recommended to substitute chrysotile by non-Asbestos products; • 1998 : WHO reaffirmed that chrysotile is carcinogenic to humans and that there is no safe exposure threshold limit; • 2000 : A ruling from the WTO backed the French ban of Asbestos

  5. History Asbestos has been restricted by several Directives updating Annex I of Council Directive 76/769/EEC : • In 1983 : Dir 1983/478/EEC • Restriction of crocidolite/labelling of all categories of Asbestos (Annex II) • In 1985 : Dir 1985/610/EEC • Restriction is widened to the other categories of Asbestos for several specific uses (paints, catalytic filters, items for smoking, toys…) • In 1991 : Dir 1991/659/EC • Total ban of crocidolite, amosite, anthophyllite, actinolite, tremolite • Partial restriction for chrysotile (14 uses) • In 1999 : Dir 1999/77/EC • Total ban of all categories of asbestos fibres

  6. Scope of Dir 1999/77/EC Dir 1999/77/EC Dir 83/478/EEC Dir 1985/610/EEC Dir 1991/659/EEC Annex II of Dir 83/478/EEC

  7. Scope of Dir 1999/77/EC • The placing on the market and use of all kind of Asbestos fibres and of product containing these fibres added intentionally shall be prohibited. • Nevertheless, Asbestos-based products already installed / in service before the implementation of Dir 1999/77/EC shall continue to be authorised. • However, MS may prohibit such products within their territory before they are disposed of or reach the end of their service life

  8. Derogation • Derogation granted for chrysotile until 1 Jan. 2008 :  the placing on the market of chrysotile-based diaphragms for existing electrolysis installations (chlor-alkali industry) is allowed until they reach the end of their service life.

  9. Opinion from the SCTEE • As requested by Recital 10 of Directive 1999/77/EC, the Scientific Committee on the toxicity, ecotoxicity and the environment (SCTEE) issued an opinion by 17 Dec 2002. • This opinion reviewed the comparative risk to human health from chrysotile asbestos and its main organic substitutes.

  10. Opinion from the SCTEE • Among others, this opinion confirmed that : • All forms of Asbestos, e.g. Chrysotile, are carcinogenic to humans; • No evidence of fibre-caused cancer occurrence in human is available for any of the 3 candidate substitutes (PVA, Aramide, cellulose);

  11. Opinion from the SCTEE • The evidence for harmful potential is more extensive for chrysotile than its organic substitutes; • Recommended expansion of research in the areas of toxicology and epidemiology of the substitute fibres as well as in the technology of development of new, thicker fibres;

  12. Conclusions • MS have to implement Dir 1999/77/EC since 1st Jan 2005; • The placing on the market of all kind of Asbestos fibres is prohibited within the EU; • A derogation is granted for chrysotile-based diaphragms used in existing electrolysis installation (until Jan 2008); • The CSTEE confirmed the higher harmfulness of chrysotile compared to its organic substitutes (PVA, Aramid, Cellulose);

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