Infringement proceedings against Germany

On 24th May, the European Commission opened infringement proceedings against Germany. The procedure relates to the fourth amendment to the Directive on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (amending Directive (EU) 2022/431).

The regulations on setting limit values for acrylonitrile and nickel compounds, lowering the limit value for benzene and extending the scope of the Directive to include substances that are toxic to reproduction should be implemented by all member states by 5th April 2024. According to the European Commission, Germany and ten other Member States (Denmark, Greece, Italy, Luxembourg, Austria, Poland, Portugal, Slovakia, Spain and the Czech Republic) have failed to fulfil their obligation to fully and correctly transpose the fourth amendment to the so-called Carcinogens, Mutagens or Reprotoxic Substances Directive (CMRD) into national law.

Implementation in Germany

In Germany, the CMRD was implemented by the Hazardous Substances Ordinance (GefStoffV) and TRGS. The GefStoffV specifies measures that employers must take to protect their employees when working with hazardous substances. Regulations of the GefStoffV are supplemented by Technical Rules for Hazardous Substances (TRGS).

The limit values for acrylonitrile, nickel compounds and benzene, which were defined or changed by the fourth amendment to the CMRD, are set out in TRGS 900 "Occupational exposure limits" and TRGS 910 "Risk-related concept of measures for activities involving carcinogenic hazardous substances". However, the GefStoffV has yet to be amended in relation to the changes to reprotoxic substances. As a result, Germany was unable to meet the implementation deadline for the fourth adaptation of the CMRD, and the European Commission has therefore initiated infringement proceedings.

Stages of the case

At the start of every infringement case, the European Commission sends a letter of formal notice to the Member State concerned requesting further information. In the current case, the eleven Member States have two months from receipt of the letter of formal notice to respond and fully implement the Directive. If this does not happen, the European Commission will send a reasoned opinion at the next stage of the procedure. If the Member State fails to comply with this request, the European Commission may decide to refer the matter to the European Court of Justice. Most cases are settled before they are brought before the court.

In the current case, only the amendments to the exposure list of reprotoxic substances in the GefStoffV still need to be implemented. This has not yet been tackled, as this amendment, together with other amendments to the GefStoffV, is currently being discussed by the relevant departments. As the necessary measures for implementation have already been initiated, it remains to be seen whether the European Commission will take any further steps following the letter of formal notice.