IP/00/17
Brussels, 11 January 2000
Commission goes to Court against Ireland for failure to comply with EU Asbestos Directive
The European Commission has decided to bring Ireland before the European Court of Justice for failing to transpose properly into its national legislation a Community Directive aimed at controlling environmental pollution from asbestos. In particular, the infringement concerns the Directive’s provisions concerning asbestos removal involving the release of asbestos fibres[1].
The decision against Ireland concerns the failure in Irish legislation to fully implement the Asbestos Directive requirements (Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos) concerning asbestos removal involving the release of asbestos fibres.
The Commission's action stems from a complaint investigation which disclosed shortcomings in the national implementing legislation (which consists of general Irish air pollution legislation and more specific worker health and safety legislation). In particular, this implementing legislation fails to adequately address environmental risks in asbestos removal which go beyond those catered for in worker health and safety legislation. Draft new legislation forwarded by the Irish authorities in 1999 would, if adopted, bring this infringement to an end. However, in the absence of an adopted text, the Commission decided to bring Ireland before the Court.
Welcoming this decision, Environment Commissioner Margot Wallström declared: “This case shows that protecting human health and caring for the environment are twin objectives which go hand in hand. This is why enforcing EC environmental legislation cannot be regarded as being of secondary importance.”
1
[1]The relevant provisions of the directive are found in Article 7, second indent. This provides that Member States shall ensure that the demolition of buildings, structures and installations containing asbestos and the removal therefrom of asbestos or materials containing asbestos involving the release of asbestos fibres or dust do not cause significant asbestos environmental pollution; to that end they shall satisfy themselves that the plan of work provided for in Article 12 of Directive 83/477/EEC (a separate directive focusing on worker health and safety) prescribes the introduction of all the necessary preventive measures to this end. The Irish legislation provides for plans of work under Article 12 of Directive 83/447/EEC (aimed at worker health and safety), but it fails to introduce the wider environmental dimension required under Article 7. The need to address significant asbestos environmental pollution under Article 7 implies protecting not only workers but also the wider public.