16 November 2005 Barytes AG 1 An Update on Crystalline Silica The Barytes Association 11 th General Assembly Cologne, 16 November 2005 Michelle Wyart-Remy IMA-Europe Secretary-General

16 November 2005 Barytes AG 2 Feldspar Talc Diatomite Sepiolite Wollastonite 300 companies (810 mines & quarries, 830 plants) employees 145 million tpa, EUR 13 billion A representative membership 25 European Countries 18 EU Member States + Bulgaria, Croatia, Romania, Norway, Switzerland, Turkey and Ukraine Kaolin Plastic clay Bentonite Industrial Silica BorateGCC/PCC Dolomite Natural/FGD gypsum

16 November 2005 Barytes AG 3 "If man wishes to live in silica free environment he must move to another planet" Brian Coope A Socio-Economic Review of Crystalline Silica Usage September EuropeIMA They form 12% of the Earth crust !

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16 November 2005 Barytes AG 6 years UK France France: Statistiques Financières et Technologiques des Accidents du Travail, CNAM (1997) UK: Health & Safety Statistics, HSE (1985/86) (1996/97) "Silicosis is a lung disease caused by inhaling damaging amounts of respirable free crystalline silica” H. Weill, R. N. Jones, W. R. Parkes Occupational Lung Disorders 3rd edition, 1994

16 November 2005 Barytes AG 7 Quartz and cristobalite OELs (respirable dust )in the EU and USA All Industries (mg/m 3 ) Special Legislation for Mines & Quarries (mg/m 3 ) Quartz CristobaliteRespirable dust Austria Belgium Denmark Finland France Lowest value between 5 and 25 K ÷Q Germany Greece Ireland Italy Netherlands Portugal %Q: 1 Spain %Q: 25 K÷%Q Sweden UK0.3 (0.1 3 )0.3 (0.1 3 ) USA (ACGIH) USA (OSHA) 10 Q value 5%Q: 10÷%Q %Q+2 2 (1) In these countries, other limits are applied for dust containing quartz (2) 2004 draft proposal (NIC) for mg/m³ (3) HSE likely WEL proposal National RCS OELS

16 November 2005 Barytes AG 8 In making the overall evaluation, the Working Group noted that carcinogenicity was not detected in all industrial circumstances studied. Carcinogenicity may be dependent on inherent characteristics of the crystalline silica or on external factors affecting its biological activity or distribution of its polymorphs Crystalline silica inhaled in the form of quartz or cristobalite from occupational sources is carcinogenic to humans (group 1) Coal dust cannot be classified as to its carcinogenicity to humans (group 3) (1) International Agency for Research on Cancer, Lyon IARC (1) evaluated RCS variable hazard IARC Monographs 68, “Silica, silicates, dusts and organic dusts” (1997)

16 November 2005 Barytes AG 9 Possible EU Regulatory Scenarios IARC + Scientific Evidence national experts evaluation Workers Protection EU DG Employment & Social Affairs or Member States OELs in Annex I or BLV in Annex III Carcinogens Directive 2004/37/EC ILV OR BLV in Chemical Agents Directive 98/24/EC Classification & Labelling EU DG Environment-JRC-ECB CMR Working Group Dangerous Substances Directive 67/548/EEC - 92/32/EEC CS is ubiquitous IARC limited its hazard to workplace CS is not a priority for classification in Directive 67/548 DG ENV-JRC-ECB Ispra Oct. ‘98 & Sept ‘02 SCOEL SUM Doc

16 November 2005 Barytes AG 10 Carcinogens Directive Scenario Protection of workers from risks related to exposure to carcinogens at work 2004/37/EC  substance  preparation  process Agents Obligations (in addition to 98/24)  replacement regardless of exposure  exposure reduction (closed systems)  information of Authority  stricter workers information & training  stricter hygiene & health surveillance  medical record-keeping (40 years) Risk assessment Only BLV – EP/Council co-decision + Risks of obligations as if classified carcinogen: voluntary labelling recommendation; emission limits

16 November 2005 Barytes AG 11 “The main effect in human of the inhalation of respirable silica dust is silicosis. There is sufficient information to conclude that the relative risk of lung cancer is increased in persons with silicosis (and apparently, not in employees without silicosis exposed to silica dust in quarries and in the ceramic industry). Therefore preventing the onset of silicosis will also reduce the cancer risk. Since a clear threshold for silicosis development cannot be identified, any reduction of exposure will reduce the risk of silicosis. (...) It arises that an OEL should lie below 0.05 mg/m 3” Silicosis control prevents cancer Silicosis control prevents cancer SCOEL SUM Doc 94-final, June 2002

16 November 2005 Barytes AG 12 Phase 1 of Social Partners consultation on Carcinogens Directive Revision Establishing OELVs for carcinogens not yet listed in 2004/37 i.e. “occupational carcinogens”, such as crystalline silica, diesel exhaust, wood dust, radon decay products, solar radiation, passive smoking? 4 EC Questions, amongst which Phase 1 consultation results not available (8 responses) Phase 2 to be launched this month but proposal not before end of 2006

16 November 2005 Barytes AG 13 Social Dialogue Agreement (Article 139 (1) & (2) EC Treaty) Social Partners may suspend EC legislative initiative signing up SDA (9 months to negotiate) Social Partners may conclude SDA in absence of initiative Negotiating Platform on Silica (NePSi) launched in May 2005 This initiative benefits from a grant of the EC

16 November 2005 Barytes AG 14 Negotiation of a Social Dialogue Agreement on Workers Health Protection through the Good Handling & Use of Crystalline Silica & Products Containing it NePSi 1 : Aggregates, Cement, Ceramics, Foundry, Glass Industrial Minerals, Metal Engineering & Technology- based industries, Mineral Wool, Mines, Mortar, Natural Stones and Pre-cast Concrete Employee organisations 1 : EMCEF – EMF Employer organisations 1 : UEPG - Cembureau - Cerame-Unie - CAEF - CEEMET - GEPVP, APFE, ESGA, FEVE – IMA-Europe - EURIMA - Euromines - EMO – EURO ROC - BIBM Observers: HSE (UK), BG (DE), INS (SP) i.e. more than 2 million Employees and a business exceeding € 250 billion This initiative benefits from a grant of the EC

16 November 2005 Barytes AG 15 Working Rules Balanced representation of Employees & Employers Split of responsibility between the Steering (Agreement) and the Technical (Good Practices) Working Groups under Bureau (chairs) supervision Secretariat (IMA-Europe & EMCEF) assures administration and communication during the negotiation Negotiation progresses remain confidential (restricted to the Parties) Observer status granted to organizations in the process of internal and/or EC procedure) to join NePSi and to Experts (e.g. HSE, BG)

16 November 2005 Barytes AG 16 Negotiation Practices Steering / Technical WGs step by step review of SDA / GPG Suggested amendments introduced in text during the meeting Revised SDA / GPG versions put on NePSi Extranet allowing internal consultation by the Parties members before next meeting Informal adoption/further revision of text as amended in previous meeting in the subsequent meeting Final approval and SDA / GPG adoption at the March Plenary (at least 6 weeks after last Steering / Technical meetings)

16 November 2005 Barytes AG 17 Three plenary meetings : 17 May 2005, 2 September 2005, and 2d half of March concurrent meetings of the steering and TC working groups : 18 May 2005, 1 September 2005, 5 October 2005, 20 October 2005, 13 December 2005, 10 January 2006, 1 February 2006 Negotiation Calendar

16 November 2005 Barytes AG 18 Good Practices Guide on Dust Prevention in the Workplace: Respirable Crystalline Silica Two parts: 1)Respirable Crystalline Silica Essentials 2)Task Guidance Sheets describing good practice techniques for various common tasks Dialogue Agreement (SDA) on Crystalline Silica A basis for negotiating a Social Good Practices Guide for Dust Prevention in the Workplace: Respirable Crystalline Silica

16 November 2005 Barytes AG 19 Part 2 - Task Sheets Definition of objective Employee checklist Title and (repeated) sub-titles Picture or illustration Concept of the GPD

16 November 2005 Barytes AG 20 Social Dialogue Agreement on Workers Health Protection through Good Handling & Use of Crystalline Silica & Products containing it Scope Covers entire production and use of crystalline silica and materials/products/raw materials containing crystalline silica

16 November 2005 Barytes AG 21 Compliance with Good Practices Guide Compliance with national and EU law (incl. national OELs) Continued use of crystalline silica Ancillary obligations, such as training; monitoring of compliance; cooperation to increase knowledge (R&D) Reduction of failures (continuous improvement) Compliance procedure: confidential reporting to Monitoring Committee; Monitoring C ttee to provide summary report (no-names) to authorities; if repeated severe problems, Monitoring C ttee will decide on measures Dust monitoring Health surveillance (according to national law + minimum requirement recommendation) Procedure to adapt the Good Practices Guide (new) Content of Draft RCS Agreement

16 November 2005 Barytes AG 22 Social Dialogue Agreement (Article 139 (1) & (2) EC Treaty) Autonomous SDA: social partners are responsible for the implementation SDA implemented by Council decision/Directive at the joint request of the signatories proposal from the Commission to the Council Council may not change SDA content SDA becomes the law

16 November 2005 Barytes AG 23 Challenges Acceptance of Good Practices instead of Regulation (e.g. substitution principle) Resolution of possible divergent positions EC assessment of the pertinence of the SDA in revising Carcinogens Directive: SDA may inspire or be the law or be disregarded Coverage of the SDA – Sectors representation Autonomous implementation or extension to Directive?

16 November 2005 Barytes AG 24 Thank you for your attention For more details please contact M. Wyart-Remy, PhD IMA-Europe, Brussels Tel: Fax: