Directive 2022/431 - Amendment of Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work - Main contents
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Directive (EU) 2022/431 of the European Parliament and of the Council of 9 March 2022 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2022/431 |
| Original proposal | COM(2020)571  |
| CELEX number i | 32022L0431 |
| Document | 09-03-2022; Date of signature |
|---|---|
| Signature | 09-03-2022 |
| Effect | 05-04-2022; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 05-04-2024; See Art 2.1 |
16.3.2022 |
EN |
Official Journal of the European Union |
L 88/1 |
DIRECTIVE (EU) 2022/431 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 March 2022
amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2), point (b), in conjunction with Article 153(1), point (a), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 2004/37/EC of the European Parliament and the Council (3) aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the place of work. A consistent level of protection from the risks related to the occupational exposure to carcinogens and mutagens is provided for in that Directive by a framework of general principles to enable Member States to ensure the consistent application of minimum requirements. The aim of these minimum requirements is to protect workers at Union level. More stringent provisions can be set by Member States. |
(2) |
By setting minimum requirements for workers’ protection across the Union, Directive 2004/37/EC improves clarity and contributes to a more level playing field for the economic actors in the sectors that use the substances falling within the scope of that Directive, thereby demonstrating the importance of Union action in this field. |
(3) |
According to the latest scientific evidence, reprotoxic substances can cause adverse effects on sexual function and fertility in adult males and females, as well as on the development of their offspring. Similarly to carcinogens or mutagens, reprotoxic substances are substances of very high concern which may have serious and irreversible effects on workers’ health. Therefore, reprotoxic substances should also be regulated under Directive 2004/37/EC in order to improve consistency with, inter alia, Regulation (EC) No 1907/2006 of the European Parliament and of the Council (4) and to ensure a similar level of minimum protection at Union level. |
(4) |
For most reprotoxic substances, it is scientifically possible to identify levels below which exposure would not lead to adverse health effects. The exposure minimisation requirements laid down in Directive 2004/37/EC should apply only to reprotoxic substances for which it is not possible to identify a safe level of exposure and which are identified as ‘non-threshold’ in the notation column of the Annex III to Directive 2004/37/EC. With regard to all other reprotoxic substances, employers should ensure that the risk related to the exposure of workers is reduced to a minimum. |
(5) |
According to the latest scientific data, biological limit values may be necessary in specific cases to protect workers from exposure to some carcinogens, mutagens or reprotoxic substances. Biological limit values and relevant related provisions should therefore be included in Directive 2004/37/EC. |
(6) |
Principle 10 of the European Pillar of Social Rights (5), jointly proclaimed by the European Parliament, the Council and the Commission at the Social Summit for Fair Jobs and Growth on 17 November 2017, provides for the right of workers to a high level of protection of their health and safety at work, which includes protection from the exposure to carcinogens, mutagens and reprotoxic substances at the place of work. |
(7) |
Binding occupational... |
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