Directive (EU) 2023/2668 of the European Parliament and of the Council of 22 November 2023 amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work

For the purposes of this Directive, “asbestos” means the following fibrous silicates, which are classified as carcinogens 1A pursuant to Annex VI, Part 3, to Regulation (EC) No 1272/2008 of the European Parliament and of the Council : (a) asbestos, actinolite, CAS No 77536-66-4; (b) asbestos, amosite (grunerite), CAS No 12172-73-5; (c) asbestos, anthophyllite, CAS No 77536-67-5; (d) asbestos, chrysotile, CAS No 12001-29-5; (e) asbestos, crocidolite, CAS No 12001-28-4; (f) asbestos, tremolite, CAS No 77536-68-6.

For all activities referred to in Article 3(1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work shall be reduced to a minimum and in any case to as low a level as is technically possible below the relevant limit value as laid down in Article 8, in particular through the following measures: (a) the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos shall be limited to the lowest possible figure; (b) work processes shall be designed so as not to produce asbestos dust or, if that proves to be impossible, to avoid the release of asbestos dust into the air by taking measures such as: (i) asbestos dust suppression; (ii) the suction of asbestos dust at source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (ba) workers shall be subject to an appropriate decontamination procedure; (bb) for work carried out under confinement, adequate protection shall be ensured; (c) all premises and equipment involved in the treatment of asbestos shall be capable of being regularly and effectively cleaned and maintained and subject to regular cleaning and maintenance; (d) asbestos or dust-generating materials containing asbestos shall be stored and transported in suitable sealed packing; (e) waste, other than waste arising from mining activities, shall be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos and shall then be dealt with in accordance with Directive 2008/98/EC of the European Parliament and of the Council .

1 Until 20 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0,01 fibres per cm3 as an 8-hour time-weighted average (TWA).

2 From 21 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of: (a) 0,01 fibres per cm3 as an 8-hour TWA in accordance with Article 7(7), second subparagraph; or (b) 0,002 fibres per cm3 as an 8-hour TWA.

3 Member States shall ensure that employers are subject to at least one of the limit values set out in paragraph 2.’

1 Undertakings that intend to carry out demolition or asbestos removal work shall obtain a permit from the competent authority before the start of the work. For that purpose, they shall provide that competent authority with at least proof of compliance with Article 6 and certificates indicating the completion of training in accordance with Article 14 and Annex Ia.

2 Member States shall make the list of undertakings that have obtained a permit pursuant to paragraph 1 publicly available, in accordance with national law and practice.’

1 The Commission shall assess, in the context of the next evaluation in accordance with Article 22, whether there is a need to update the list of fibrous silicates set out in Article 2 in light of scientific knowledge as well as for additional measures to ensure protection against secondary exposure to asbestos at work.

2 Following the evaluation referred to in paragraph 1 of this Article and after consulting the ACSH, the Commission shall evaluate whether it is appropriate or necessary to update the list of fibrous silicates set out in Article 2. The Commission shall evaluate in particular whether it is appropriate to include additional fibrous silicates, such as erionite, riebeckite, winchite, richterite and fluoro-edenite, within the scope of this Directive, as well as whether it is appropriate to adopt additional measures to ensure protection against secondary exposure to asbestos at work. The Commission shall, where appropriate, submit to the European Parliament and to the Council legislative proposals in that regard.’

Member States shall keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that can be caused by exposure to asbestos is set out in Annex I.’

1 By 31 December 2028, the Commission shall assess the feasibility of a further lowering of the limit values on the basis of the Member States’ reports submitted pursuant to Article 22, the availability of scientific evidence, technical developments and the relationship between new analytical methods and the numerical limit value.

2 The Commission shall provide appropriate technical support to employers fulfilling the requirements of this Directive, and information about relevant Union funds, with a view to assisting Member States in making the best use of, and facilitating access to, those funds, in particular for small and medium-sized enterprises, including microenterprises.’

1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 December 2025. They shall immediately communicate the text of those measures to the Commission.

2 By way of derogation from paragraph 1 of this Article, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (6)(c) and (d) (as regards Article 7(7), second subparagraph, of Directive 2009/148/EC) and point (7) (as regards Article 8(2) and (3) of Directive 2009/148/EC) by 21 December 2029. They shall immediately communicate the text of those measures to the Commission. Member States shall, until they bring into force the laws, regulations and administrative provisions pursuant to the first subparagraph, carry out fibre counting wherever possible by PCM, in accordance with the method recommended in 1997 by the World Health Organisation, or by any other method that provides equivalent or more accurate results.

3 When Member States adopt the measures referred to in paragraphs 1 and 2, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

4 Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.