REPORT on the amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version)

8.10.2009 - (COM(2009)0071 – C7‑0206/2009 – 2006/0222(COD)) - ***I

Committee on Legal Affairs
Rapporteur: Lidia Joanna Geringer de Oedenberg
(Codification – Rule 86 of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version)

(COM(2009)0071 – C7‑0206/2009 – 2006/0222(COD))

(Codecision procedure – codification)

The European Parliament,

–   having regard to the amended Commission proposal to the European Parliament and the Council (COM(2009)0071),

–   having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7‑0206/2009),

–   having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts[1],

–   having regard to Rules 86 and 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A7‑0033/2009),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Instructs its President to forward its position to the Council and the Commission.

• [1]  OJ C 102, 4.4.1996, p. 2.

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

	CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES

Brussels, 28 April 2009

OPINION

             FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

                                                              THE COUNCIL

                                                              THE COMMISSION

Amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version)

COM(2009)0071 of 22.4.2009 – 2006/0222(COD)

Having regard to the Interinstitutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts, and in particular to Point 4, the Consultative Working Party, consisting of the legal services of the European Parliament, the Council and the Commission, met on 25 February and 25 March 2009 to consider, among others, the above proposal submitted by the Commission.

Having considered[1] the amended proposal for a directive of the European Parliament and the Council codifying Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual directive within the meaning of Article 8 of Directive 80/1107/EEC), the Working Party established by common accord as follows.

(1) The text of Recital 11 should be changed to read as follows: ‘Even though it has not yet been possible to identify the exposure threshold below which asbestos does not involve a cancer risk, the occupational exposure of workers to asbestos should be reduced to a minimum.’ In the reference box preceding this recital, the reference to Recital 6 of Directive 91/382/EEC should be deleted.

(2) Paragraph 2 of Article 22 should be deleted.

This consideration of the proposal has enabled the Working Party to confirm by common accord that it is a straightforward codification of existing texts, without any change in their substance.

C. PENNERA                                  J.-C. PIRIS                           C.-F.DURAND

Jurisconsult                                       Jurisconsult                            Director-General

• [1]  The Working Party had at its disposal 22 language versions of the proposal and worked on the basis of the French version, being the original version of the working document.

PROCEDURE

Title	Protection of workers against asbestos (codified version)
References	COM(2009)0071 – C7-0206/2009 – COM(2006)0664 – C6-0384/2006 – 2006/0222(COD)
Date submitted to Parliament	7.11.2006
Committee responsible        Date announced in plenary	JURI 7.10.2009
Rapporteur(s)        Date appointed	Lidia Joanna Geringer de Oedenberg 2.9.2009
Date adopted	6.10.2009
Date tabled	9.10.2009