Restriction to the placing on the Restriction to the placing on the market of Asbestos within the market of Asbestos within the

EU (Dir 1999/77/EC)EU (Dir 1999/77/EC)

European CommissionEuropean Commission ENTERPRISE AND INDUSTRY DIRECTORATE-GENERALENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL

Chemicals Chemicals Unit - G2Unit - G2Stéphane Brion – Bucarest 21 October 2005Stéphane Brion – Bucarest 21 October 2005

IntroductionIntroduction

1/ History1/ History

2/ Scope of Directive 1999/77/EC2/ Scope of Directive 1999/77/EC

3/ Derogation3/ Derogation

4/ Opinion from the SCTEE4/ Opinion from the SCTEE

5/ Conclusions5/ Conclusions

HistoryHistory

Asbestos : Mineral silica-based fibre found in certain Asbestos : Mineral silica-based fibre found in certain types of rocks;types of rocks;

Used since the Antiquity;Used since the Antiquity;

2 groups : serpentine / amphibole;2 groups : serpentine / amphibole;

Many commercial applications due to its unique thermal Many commercial applications due to its unique thermal and chemical properties, low conductivity, elasticity, and chemical properties, low conductivity, elasticity, mechanic resistance…mechanic resistance…

Common uses included insulation and fire protection in Common uses included insulation and fire protection in buildings, automobile brake linings, cement industry…buildings, automobile brake linings, cement industry…

Asbestos can cause asbestosis (serious scarring of the Asbestos can cause asbestosis (serious scarring of the lung), lung cancer and mesothelioma (cancer of the lung), lung cancer and mesothelioma (cancer of the pleura);pleura);

HistoryHistory

1977 : all cat. of asbestos fibres have been classified as 1977 : all cat. of asbestos fibres have been classified as Carc. cat 1 (IARC);Carc. cat 1 (IARC);

1986 : WHO recommended (Convention n° 162) to 1986 : WHO recommended (Convention n° 162) to substitute asbestos as far as possible by non-Asbestos substitute asbestos as far as possible by non-Asbestos products;products;

1993 : All cat. of Asbestos have been classified as Carc. 1993 : All cat. of Asbestos have been classified as Carc. Cat 1 (EU; Dir 1993/72/EEC);Cat 1 (EU; Dir 1993/72/EEC);

1996 :WHO recommended to substitute chrysotile by non-1996 :WHO recommended to substitute chrysotile by non-Asbestos products;Asbestos products;

1998 : WHO reaffirmed that chrysotile is carcinogenic to 1998 : WHO reaffirmed that chrysotile is carcinogenic to humans and that there is no safe exposure threshold limit;humans and that there is no safe exposure threshold limit;

2000 : A ruling from the WTO backed the French ban of 2000 : A ruling from the WTO backed the French ban of AsbestosAsbestos

HistoryHistoryAsbestos has been restricted by several Directives Asbestos has been restricted by several Directives

updating Annex I of Council Directive 76/769/EEC :updating Annex I of Council Directive 76/769/EEC :

In 1983 : Dir 1983/478/EECIn 1983 : Dir 1983/478/EEC

– Restriction of crocidolite/labelling of all categories of Asbestos (Annex II)Restriction of crocidolite/labelling of all categories of Asbestos (Annex II)

In 1985 : Dir 1985/610/EECIn 1985 : Dir 1985/610/EEC

– Restriction is widened to the other categories of Asbestos for several Restriction is widened to the other categories of Asbestos for several specific uses (paints, catalytic filters, items for smoking, toys…)specific uses (paints, catalytic filters, items for smoking, toys…)

In 1991 : Dir 1991/659/ECIn 1991 : Dir 1991/659/EC

– Total ban of crocidolite, amosite, anthophyllite, actinolite, tremoliteTotal ban of crocidolite, amosite, anthophyllite, actinolite, tremolite

– Partial restriction for chrysotile (14 uses)Partial restriction for chrysotile (14 uses)

In 1999 : Dir 1999/77/ECIn 1999 : Dir 1999/77/EC

– Total ban of all categories of asbestos fibresTotal ban of all categories of asbestos fibres

Scope of Dir 1999/77/ECScope of Dir 1999/77/EC

Dir 83/478/EECDir 1985/610/EECDir 1991/659/EEC

Dir 1999/77/EC

Annex II of

Dir 83/478/EEC

Scope of Dir 1999/77/ECScope of Dir 1999/77/EC

The placing on the market and use of all kind of The placing on the market and use of all kind of Asbestos fibres and of product containing these fibres Asbestos fibres and of product containing these fibres added intentionally shall be prohibited.added intentionally shall be prohibited.

Nevertheless, Asbestos-based products already installed Nevertheless, Asbestos-based products already installed / in service before the implementation of Dir 1999/77/EC / in service before the implementation of Dir 1999/77/EC shall continue to be authorised.shall continue to be authorised.

However, MS may prohibit such products within their However, MS may prohibit such products within their territory before they are disposed of or reach the end of territory before they are disposed of or reach the end of their service lifetheir service life

DerogationDerogation

Derogation granted for chrysotile until 1 Jan. 2008 :Derogation granted for chrysotile until 1 Jan. 2008 :

the placing on the market of chrysotile-based the placing on the market of chrysotile-based diaphragms for existing electrolysis installations (chlor-diaphragms for existing electrolysis installations (chlor-alkali industry) is allowed until they reach the end of their alkali industry) is allowed until they reach the end of their service life.service life.

Opinion from the SCTEEOpinion from the SCTEE

As requested by Recital 10 of Directive 1999/77/EC, the As requested by Recital 10 of Directive 1999/77/EC, the Scientific Committee on the toxicity, ecotoxicity and the Scientific Committee on the toxicity, ecotoxicity and the environment (SCTEE) issued an opinion by 17 Dec environment (SCTEE) issued an opinion by 17 Dec 2002.2002.

This opinion reviewed the comparative risk to human This opinion reviewed the comparative risk to human health from chrysotile asbestos and its main organic health from chrysotile asbestos and its main organic substitutes.substitutes.

Opinion from the SCTEEOpinion from the SCTEE

Among others, this opinion confirmed that : Among others, this opinion confirmed that :

– All forms of Asbestos, e.g. Chrysotile, are carcinogenic to All forms of Asbestos, e.g. Chrysotile, are carcinogenic to

humans;humans;

– No evidence of fibre-caused cancer occurrence in human is No evidence of fibre-caused cancer occurrence in human is available for any of the 3 candidate substitutes (PVA, available for any of the 3 candidate substitutes (PVA, Aramide, cellulose);Aramide, cellulose);

Opinion from the SCTEEOpinion from the SCTEE

– The evidence for harmful potential is more extensive for The evidence for harmful potential is more extensive for chrysotile than its organic substitutes;chrysotile than its organic substitutes;

– Recommended expansion of research in the areas of Recommended expansion of research in the areas of toxicology and epidemiology of the substitute fibres as toxicology and epidemiology of the substitute fibres as well as in the technology of development of new, well as in the technology of development of new, thicker fibres;thicker fibres;

ConclusionsConclusions

MS have to implement Dir 1999/77/EC since 1st Jan MS have to implement Dir 1999/77/EC since 1st Jan 2005;2005;

The placing on the market of all kind of Asbestos fibres is The placing on the market of all kind of Asbestos fibres is prohibited within the EU;prohibited within the EU;

A derogation is granted for chrysotile-based diaphragms A derogation is granted for chrysotile-based diaphragms used in existing electrolysis installation (until Jan 2008);used in existing electrolysis installation (until Jan 2008);

The CSTEE confirmed the higher harmfulness of The CSTEE confirmed the higher harmfulness of chrysotile compared to its organic substitutes (PVA, chrysotile compared to its organic substitutes (PVA, Aramid, Cellulose);Aramid, Cellulose);