Subject: Asbestos in the Madrid metro system
Metro de Madrid, a publicly owned company run by the Community of Madrid, is still operating trains that contain asbestos. The company has known this since 2003, when the Servicio de Prevención Laboral (Workplace Risk Prevention Service) drew up a report at the request of the National Commission for Health and Safety at Work. The report states that asbestos, banned since 2001, was present in 65 passenger trains and 50 maintenance trains, as well as in 64 underground stations. What is more, between 2011 and 2012 the company sold two batches of trains of a model containing asbestos for use on suburban lines in Buenos Aires, Argentina.
It was not until 2017, when a worker was suspected of having developed lung cancer as a result of inhaling asbestos fibres, that specific preventive measures were taken. Once that case had been confirmed, the Ministry of Employment’s Labour Inspectorate opened an investigation into a serious breach of the law.
It is likely that Directives 2004/37/EC and 2003/18/EC are being infringed.
1. Has the Commission taken action on this matter?
2. What approach does the Commission take in cases involving infringements of directives which have such serious public health implications?
Answer given by Ms Thyssen on behalf of the Commission
(22 June 2018)
EU Directives have to be transposed and implemented into national law by Member States. The Kingdom of Spain has communicated the national measures implementing Directive 2004/37/EC (1) and Directive 2009/148/EC (2), which repealed Directive 2003/18/EC (3).
The national competent authorities are primarily responsible for enforcing the implementation of the national provisions transposing EU Directives and for ensuring that all the relevant duty holders are complying with their obligations.
The Honourable Member is not suggesting that Spain's legislative provisions as such would be in contradiction with EC law. The fact that the Labour Inspectorate of Spain has opened an investigation on the reported issue shows that the Spanish authorities are taking action to ensure the implementation of the national provisions transposing Directives 2004/37/EC and 2009/148/EC.
The Commission can only take action against a Member State in the event of a breach of Union law. According to the communication ‘EC law: Better Results through Better Application’, the Commission gives priority to issues indicating, inter alia, a systemic failure to comply with the EC law. Should information pointing to a breach of EC law become available, the Commission will consider the most appropriate course of action in light of the criteria set out in this communication.
⋅1∙ 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), OJ L 158, 30.4.2004, p.50. ⋅2∙ Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to
asbestos at work (codified version), OJ L 330, 16.12.2009, p. 28.
⋅3∙ Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83/477/EEC on the protection of workers from
the risks related to exposure to asbestos at work, OJ L 97, 15.4.2003, p. 48.