UK failed to transpose EU legislation into British law.
Delivered in the form of a reasoned opinion under EU infringement procedures, the Commission wants the UK to change provisions in its legislation that exempt some maintenance and repair activities from the application of the EU Directive on the protection of workers from asbestos.
It follows a complaint received by the Commission that Article 3(3)(a) and (b) of the asbestos Directive 2009/148/EC has not been correctly transposed into UK law. Article 3(3) offers the possibility for an exemption from three obligations set out in the Directive for activities that involve only sporadic and low-intensity exposure to asbestos – for example, in the case of some maintenance and repair activities.
However, in the Commission’s view, the UK law omits specific parts of Article 3(3)(a) and (b), and so widens the scope of the exemption. The Commission says the UK legislation focuses on the measurement of exposure to asbestos but not enough on how the material can be affected by the work involved. The Directive deals with both exposure and the material.
The UK now has two months to bring its legislation into line with EU law, or risk the matter being referred to the EU’s Court of Justice.
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