ICF Technical Exchange Committee

1. ICF Technical Exchange Committee CPIV/EDG Presentation Karlovy Vary (Cz) 10/11 October 2004

2. Crystal glass and Selected EU Health and Safety Legislation • Introduction • Crystalline Silica • Lead 1. Lead Risk Assessment 2. OEL for Lead • Physical Agents 1. Electromagnetic Fields 2. Optical Radiation • Other: 1) Boron, 2) Food Contact • Ban on Pb/Cd/Cr in chandeliers, electronic decoration etc. • Conclusions CPIV - EDG

3. 2. Crystalline Silica (I) • 1997 IARC evaluation of crystalline silica as “human carcinogen”. • Request by France to the Council to consider fixing OEL. Inquiry. • June 2003: SCOEL Recommendation for 0.05 mg/m³ OEL. Risk of silicosis, cancer increased if silicosis. • EC Proposal for limit value expected. 1) indicative limit value under Chemicals at Work Directive or 2) binding limit value under Chemicals at Work Directive or Carcinogens at Work Directive (90/394 Substitution, labelling...). • 7 April 2004: consultation launched by EC to enlarge Dir. 90/394 (BLV). Crystalline silica mentioned in the preamble together with solar radiation, passive smoking, diesel exhaust etc. • EUROSIL/IMA developed Good Practice Document to improve employee protection (guidelines) incl. task sheets. CPIV - EDG

4. 2. Crystalline Silica (II – SDA) • IMA Silica Task Force set up: contribute to/implement GPD, explore possibility of Social Dialogue Agreement (SDA, art 139 EC Treaty) to formalize GPD. • SDA would cover silica producing/using industries, employers and employees. Binding for all signatories. • Philosophy: defining EU OEL not helpful. Variation per MS and industry to achieve optimum (protection, performance). • Control mechanisms on-site. Reporting obligations to bipartite Monitoring Committee that will consolidate information received and report to national competent authority/EC. • Counterpart. SDA no longer binding once EU OEL imposed. CPIV - EDG

5. 2. Silica (III – SDA) • SDA would provide practical guidance and ensure dissemination of good practices. • Would come into force much earlier than EU OEL. • Ancillary commitments such as R&D investment, dust monitoring, medical surveillance would not apply in case of an OEL. • Participation of the glass industry asked for. Commitment by October 2004? Agreement: silica, fibre cement... Others pending (one refusal: precast concrete). • IMA SDA work to start first half of October. November: meeting the Commission and trade unions. Kick-off meeting planned for January • N.B.: If the agreement is implemented by a Directive it will also apply to non-signatories! CPIV - EDG

6. 3. Lead: Risk Assessment • Lead Risk Assessment: undertaken by LDA following an agreed procedure with the support of DG Environment. Considered by the Commission as a pilot case for REACH. • Good progress achieved. Second draft health/environment reports circulated to the Scientific Review Panel and Dutch governement (EU). Final report to be finalized by December 2004. Formal adoption by MS. Next stage: Risk Management Programme with concrete measures. Final decision on the fate of the VRAL by end 2004. • No significant risks currently expected in fresh water/marine environment. Risks likely in soil. Occupational risks above 40 μg/dl for men,30 μg/dl for women (human health also 10 μg/dl for children). • Submission of the risk assessment reports as a pilot REACH registration in 2005? CPIV - EDG

7. 3. Lead: Occupational Exposure Limits • SCOEL 12/2001 Recommendation (30μg/ dl and 100 μg/m³). Industry socio-economic report sent 2003. • DG Employment tender for a study on socio-economic implications of lowering OEL (costs-benefits) still expected. Commission waiting for IARC review on lead carcinogenicity and for REACH? Revision of the limits in a near future seems unlikely. • National limits: D (40/30 μg/dl as from 1/1/04), F (40/30 μg/dl as from 1/1/06, 50 (men/women) μg/dl till then), I. For women, the 30μg/ dl questionned in the USA and D: current limit (for children) of 10 μg/ dl could be proposed! CPIV - EDG

8. 3. Lead: Other • IARC (WHO) working group convened February 2004 to work on a revised monograph on lead and cancer. Recommended organic lead compounds to remain ‘not classifiable’, inorganic lead compounds switched from ‘possible’ to ‘probable’ human carcinogen. • Dangerous Substances Directive: 29th list identifies substances containing lead as ‘possible risk of impaired fertility’. • Lead in Water: Considered “priority substance” (not priority “hazardous” substance), meaning no phase-out but gradual reduction of emissions. Non-paper from the Commission proposing targets for emission reductions, application of BAT for non-IPPC installations. Proposal for a Directive on Water Quality Standards by end 2004. Limit proposed: 0.4 μg/l (dissolved lead). • Other: Groundwater Directive, soil protection policy; Swedish classification proposals. REACH. CPIV - EDG

9. 4. Physical Agents: Electromagnetic Fields • Directive officially adopted on 29 April 2004 • Does apply to all sectors buth with emphasis on sectors whith high risk. Only short-term exposure as no sufficient scientific proof of cause-effect link in the long-term. • Directive sets maximum exposure limit values and “action” values. • Employers to evaluate the risk of workers. Action plan could be needed to decrease exposure-inform workers. Increased medical surveillance if there is reason to believe that worker exposure has exceeded limits. • Appropriate penalties if national legislation on the Directive is breached. • Member States shall inform Commission and EParliament every 5 years of steps needed in the light of new scientific knowledge. • 4 years for transposition into national legislation. CPIV - EDG

10. 4. Physical Agents: Optical Radiation • Directive proposed 2004. Following vibration, noise, electromagnetic fields. • At Council level. Priority of the Dutch Presidency! Amended Proposal prepared. Discussions on 19 July in Council Social Affairs Group. • All non-natural radiation from 100 nm – 1mm (ultraviolet, visible, infrared, laser...) covered. Assessment of exposure. Measures to be taken to avoid/reduce risk. Limit values set. No action values. • GLASS industry explicitly quoted in Explanatory Memorandum as an example of industry where workers are exposed! • UNICE action underway. Position Paper expected mid October. Our contribution asked for. Action? • Common Position expected December 2004? To go then to Parliament. Codecision. Preconciliation? CPIV - EDG

11. 5. Boron • Boron: Targetted risk assessment for boric acid/disodium tetraborate proposed in September 2003 (Austrian initiative, pilot REACH exercise): currently under way. Industry consulted. • Exposure assessment and risk characterization in the Chemical Safety Report if classified as hazardous. All uses to be assessed. • Commission has decided that no classification as “hazardous” is required! Experts however want to re-examine scientifically. • USA: limits for boron have been increased. 1st offcial epidemiological study on boron in China ready by end 2005. • Lobbying through IMA-Europe. • Other: zinc, nickel: risk assessments. CPIV - EDG

12. 5. Consumer Exposure: Food Contact • Proposal for a Regulation (17/11/03). Joint agreement on the Directive between Council and Parliament on 31 March 2004! Translation under way. Formal adoption expected in October. • Article 15 on traceability: through labelling or documentation. Traceability only up to the retail stage. Article 5: specific measures for groups of materials, e.g. glass. List of substances used to be decided by the Commission. • Art 12: Articles not yet in contact with food: to be accompanied by « for food use » label, special instructions for safe/appropriate use, full details of producer/seller, labelling/identification to ensure traceability, active articles (?): information on use, release of the ‘active’ component… Language provisions. • Standing Committee on the Food Chain and Animal Health will assist EC. • Industry code of traceability practices for domestic glass (will include crystal glass) in preparation. CPIV - EDG

13. 6. ROHS: Lead, Cadmium, Chromium VI • Directive on Waste of Electrical and Electronic Equipment (“WEEE”,2002/96/EC) and Restriction of Hazardous Substances in WEEE (“ROHS”, 2002/95/EC). • Under ROHS: complete phase-out of lead, cadmium, hexavalent chromium and mercury by 1/7/2006 in WEEE (but exemptions e.g. lead in CRTs ). • LEAD in all crystal chandeliers, clocks, watches, lamps etc. as well as CADMIUM and CHROMIUMVI used for decoration in these articles to be completely banned as from 1 July 2006! • TAC (advisory committee incl. national experts) to decide on further exemptions. Voting by qualified majority. • Meeting CPIV-DG Environment. Position Paper prepared. Urgent lobbying needed with national representatives in TAC (list available). Next TAC meeting: 2nd half of October. CPIV - EDG

14. The end ?