The Current EU Strategy on Asbestos Problems - Ideals versus Realities - Domyung Paek WHO EURO ECEH

The Current EU Strategy on Asbestos Problems

- Ideals versus Realities -

Domyung PaekWHO EURO ECEH

Three Parts

• Before beginning, backgrounds about EU in general

• EU Asbestos Strategy

• Problem Areas

Before Beginning

• EU is not a nation, but a kind of nation.• EU integration, especially in economic

dimensions, is almost complete. It is also true for social integration, even though slightly behind and somewhat complimentary to the economic change.

• The mere shift of social burdens within EU without solving is strongly discouraged.

Before Beginning

• EU directive is above the laws of each member country, and each country should harmonize its laws with the directives. Otherwise, they can be sued through the EU courts.

• Four major players, that is, UK, Germany, France and Italy are competing with their ideas and experiences to draw the directives to their sides, and usually struck a compromise in-between.

Before Beginning

• UK: pragmatic and utility based approach

• Germany: legalistic and consensus based approach

• France: Cartesian and ideals based approach

• Italy: humanistic and instinct based approach

Building of EU Strategy

• Initiated and exhorted by France• Organized by Germany• Pushed by Italy• Finalized by UK

• All four major players have contributed.

Overall Strategy

• Directives• Campaigns• Training and Education• Stakeholder Engagement• Concrete Technical Guidelines• Enforcement through Inspections

Directives

• 1999/77/EC : bans all uses of asbestos (Target 2ndary industry) as from 2005 Jan 1st

• 2003/18/EC : bans the extraction, manufacture and processing of asbestos products (Target primary industry) as from 2006 Apr 15th

• Leaving only problems from removal, demolition, servicing and maintenance activities

Campaigns

• European Asbestos Campaign 2006

Training and Education

• EU-Leonardo programme : research funds allocated to international projects to develop appropriate information and training materials

Stakeholder Engagement

• International Bodies : ILO & WHO– ILO Resolution (2006 June)– WHO

• Member Countries Inspectors– Dresden Declaration (2003)

• Employer Association– ?

• Labour Unions– ETUC response to consultation

Technical Guideline

Enforcements

• European Asbestos Campaign 2006– Inspection Campaign organized by Senior Labour Insp

ectors Committee from 2006 Sep to 2007 June

Problem Areas

• Identification of asbestos and its products – legal versus practical definition?

• External check by notification – how far and wide? For how much higher risk?

• Appropriate working methods – remove or shield?

• Training requirements – including self employed?

• Waste – including solids?

Asbestos Containing Material

• Definition

Yes, if any amount of asbestos is contained.

If not sure, then assume that it dose and treat it as asbestos containing material.

No, only if none is present.

No Effect (Cancer) Threshold Assumed

http://www.inrs.fr/inrs-pub/inrs01.nsf/B20B5BF9E88608EDC1256CD900519F98

/$File/ed1475.pdf

Ambiguous Definition of Notifiable vs Lower Risk Work

Discordant Approaches for Removal or Keep

Removal (Germany) or Shield (UK)

Training of Workers

• Only those employed by employers and excluding self-employed

Asbestos Waste

• Once removed, whether from lower risk work or from notifiable work, all materials containing asbestos are asbestos waste.

• Asbestos waste should be treated as hazardous waste.

No Effect (Cancer) Threshold Assumed

Asbestos Removal Examples

• Pictures taken just in front of my current office in Germany in 2006

• Picture taken during a trip to Russia in 2005

Discrepant Conditions among Member Countries

• Recognition of occupational asbestosis differs among different member countries

-> EU15+ (old member) countries tend to have more asbestosis cases detected while with lower incidences of mesothelioma than EU+12 (new member) countries

Summary

• In EU, the ideals of no threshold are still preserved, even though realities are allowing diverse approaches.

• Enforcement mechanisms through the provision of database and education, through the requirement of notification, and through the guidelines and inspections are all contributing to the final effectiveness of the strategy without abandoning the ideals.

• Matching the ideals to realities is possible !!

Thank you !!!

• I miss you all.

Reference

http://ec.europa.eu/employment_social/health_safety/asbestos_en.htm

http://ec.europa.eu/employment_social/health_safety/asbestos_en.htm