Restriction to the placing on the market of Asbestos within the EU (Dir 1999/77/EC) European Commission ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL Chemicals Unit - G2 Stéphane Brion – Bucarest 21 October 2005

Introduction 1/ History 2/ Scope of Directive 1999/77/EC 3/ Derogation 4/ Opinion from the SCTEE 5/ Conclusions

History Asbestos : Mineral silica-based fibre found in certain types of rocks; Used since the Antiquity; 2 groups : serpentine / amphibole; Many commercial applications due to its unique thermal and chemical properties, low conductivity, elasticity, mechanic resistance… Common uses included insulation and fire protection in buildings, automobile brake linings, cement industry… Asbestos can cause asbestosis (serious scarring of the lung), lung cancer and mesothelioma (cancer of the pleura);

History 1977 : all cat. of asbestos fibres have been classified as Carc. cat 1 (IARC); 1986 : WHO recommended (Convention n° 162) to substitute asbestos as far as possible by non-Asbestos products; 1993 : All cat. of Asbestos have been classified as Carc. Cat 1 (EU; Dir 1993/72/EEC); 1996 :WHO recommended to substitute chrysotile by non- Asbestos products; 1998 : WHO reaffirmed that chrysotile is carcinogenic to humans and that there is no safe exposure threshold limit; 2000 : A ruling from the WTO backed the French ban of Asbestos

History Asbestos has been restricted by several Directives updating Annex I of Council Directive 76/769/EEC : In 1983 : Dir 1983/478/EEC –Restriction of crocidolite/labelling of all categories of Asbestos (Annex II) In 1985 : Dir 1985/610/EEC –Restriction is widened to the other categories of Asbestos for several specific uses (paints, catalytic filters, items for smoking, toys…) In 1991 : Dir 1991/659/EC –Total ban of crocidolite, amosite, anthophyllite, actinolite, tremolite –Partial restriction for chrysotile (14 uses) In 1999 : Dir 1999/77/EC –Total ban of all categories of asbestos fibres

Scope of Dir 1999/77/EC Dir 83/478/EEC Dir 1985/610/EEC Dir 1991/659/EEC Dir 1999/77/EC Annex II of Dir 83/478/EEC

Scope of Dir 1999/77/EC The placing on the market and use of all kind of Asbestos fibres and of product containing these fibres added intentionally shall be prohibited. Nevertheless, Asbestos-based products already installed / in service before the implementation of Dir 1999/77/EC shall continue to be authorised. However, MS may prohibit such products within their territory before they are disposed of or reach the end of their service life

Derogation Derogation granted for chrysotile until 1 Jan :  the placing on the market of chrysotile-based diaphragms for existing electrolysis installations (chlor- alkali industry) is allowed until they reach the end of their service life.

Opinion from the SCTEE As requested by Recital 10 of Directive 1999/77/EC, the Scientific Committee on the toxicity, ecotoxicity and the environment (SCTEE) issued an opinion by 17 Dec This opinion reviewed the comparative risk to human health from chrysotile asbestos and its main organic substitutes.

Opinion from the SCTEE Among others, this opinion confirmed that : –All forms of Asbestos, e.g. Chrysotile, are carcinogenic to humans; –No evidence of fibre-caused cancer occurrence in human is available for any of the 3 candidate substitutes (PVA, Aramide, cellulose);

Opinion from the SCTEE –The evidence for harmful potential is more extensive for chrysotile than its organic substitutes; –Recommended expansion of research in the areas of toxicology and epidemiology of the substitute fibres as well as in the technology of development of new, thicker fibres;

Conclusions MS have to implement Dir 1999/77/EC since 1st Jan 2005; The placing on the market of all kind of Asbestos fibres is prohibited within the EU; A derogation is granted for chrysotile-based diaphragms used in existing electrolysis installation (until Jan 2008); The CSTEE confirmed the higher harmfulness of chrysotile compared to its organic substitutes (PVA, Aramid, Cellulose);