Third revision of the Carcinogens Directive

Subject: Third revision of the Carcinogens Directive

More than 100 000 European workers die from work-related cancer every year. The Commission has been imposing restrictions on 27 carcinogenic substances in the workplace since 2014. In September, the Commission proposed a fourth revision of the Directive with additional restrictions for acrylonitrile, nickel and benzene.

1. The third revision of Directive (EU) 2019/983 has been in force since 25 June 2019, with Member States being required to transpose it into national law by 11 July 2021, at the latest. Can the Commission provide an overview of the countries which have not yet transposed this revision into national law?

2. What measures does the Commission plan to take if Directive (EU) 2019/983 is not transposed in time?

3. How does the Commission ensure that checks at the workplace are carried out in a correct and uniform manner in the different Member States?

Answer given by Mr Schmit on behalf of the European Commission

(30 August 2021)

With the exception of two Member States, all the other Member States have notified the national measures transposing Directive 2019/983 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (1).

If a Member State has failed to transpose a directive or has transposed it incorrectly, the Commission may launch infringement proceedings pursuant to Article 258 of the Treaty on the Functioning of the European Union. The transposition deadline for Directive 2019/983 expired on 11 July 2021 and the Commission’s services are conducting the prima facie check of the national transposition measures. Therefore, given the current timeframe and the relevant procedures, infringements for ‘non-communication’ may be launched by the Commission’s services at a later stage if appropriate.

Enforcement of the EU Occupational Safety and Health (OSH) Directives is primarily a competence of the Member States. The Commission encourages the work of the Senior Labour Inspectors’ Committee (SLIC) (2) with a view to promoting effective and equivalent enforcement of the relevant EU Directives across the Union. The definition by the SLIC of common principles of labour inspection in the field of health and safety at work, as well as the exchanges that take place within the SLIC between the national labour inspection services on their experiences in monitoring the enforcement of EU OSH legislation are instrumental to ensure its consistent enforcement throughout the EU.

⋅1∙ Directive (EU) 2019/983 of the European Parliament and of the Council of 5 June 2019 amending Directive 2004/37/EC on the protection of workers from the risks

related to exposure to carcinogens or mutagens at work, OJ L 164, 20.6.2019, p. 23‐29. ⋅2∙ Commission decision of 12 July 1995 setting up a Committee of Senior Labour Inspectors (95/319/EC), OJ L 188, 9.08.1995, p. 11-13.