legislation-profile

Commission Directive (EU) 2017/164 of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU

Scope

Lays down a fourth list of Union indicative occupational exposure limit values (IOELVs) on legal basis of Council Directive 98/24/EC. Union IOELVs are established in order to protect workers from risks arising from exposure to hazardous chemicals.

Exemptions

None

Regulatory activities

Member States are required to establish national occupational exposure limit values for the chemical agents listed in the Annex of this Directive (i.e., 2017/164/EU), taking into account the Union limit values. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 August 2018 at the latest. Art. 6 - In underground mining and tunnelling, Member States may benefit from a transitional period ending at the latest on 21 August 2023, as regards the limit values for nitrogen monoxide, nitrogen dioxide and carbon monoxide.

Relevant product types

Not applicable

Reference documents

Throughout the legal text: Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work. Recital 2 makes reference to: Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work In relation to measurement techniques introduced by Article 17 of that Directive. Recital 3 makes reference to: Commission Decision 2014/113/EU of 3 March 2014 on setting up a Scientific Committee on Occupational Exposure Limits for Chemical Agents and repealing Decision 95/320/EC In relation to the Scientific Committee on Occupational Exposure Limits for Chemical Agents (SCOEL). Recital 14 makes reference to: (1) Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work; (2) Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work; and (3) Commission Directive 2009/161/EU of 17 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC, In relation to SCOEL's recommendation to revise 6 IOELVs, initially established by these 3 Directives, by deleting their corresponding entries and revising them via Directive 2017/164/EU. Recital 17 makes reference to: Council Decision 2003/C 218/01 of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work In relation to the establishment of this committee. Article 3 makes reference to: Annex to Directive 91/322/EEC, in which the entries for acetic acid, calcium dihydroxide, lithium hydride and nitrogen monoxide are deleted with effect from 21 August 2018, subject to Article 6(2)(a). Article 4 makes reference to: Annex to Directive 2000/39/EC, in which the entry for 1,4-dichlorobenzene is deleted with effect from 21 August 2018. Article 5 makes reference to: Annex to Directive 2009/161/EU, in which the entry for bisphenol A is deleted with effect from 21 August 2018.

Obligations based on CLP hazard class

On basis of Directive 98/24/EC, classification and labelling provisions under DPD and DSD form the basis for definition of hazardous chemical agents; these have been repealed and replaced by CLP.

Obligations based on properties of concerns

On basis of Directive 98/24/EC

EU-level occupational exposure limits

Annex - binding occupational exposure limits

EU-level emission limit values

No provision

Substance-centric data source(s) at the EU level

No

Industry submission system in place

Not applicable

Format for industry submission

Not applicable

Owner

DG EMPL

Update process

Not applicable

Amendments

None

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