Decree n° 96-1133 of December 24, 1996

J.O n° 300 of December 26, 1996 page 19126
GENERAL TEXTS
SOCIAL AFFAIR AND MINISTRY OF LABOUR

Decree No 96-1133 of 24 December 1996 relating to the prohibition of asbestos,
taken pursuant to and the code fair labor standards act of consumption

NOR: TAST9611675D

The Prime Minister,
On the report/ratio of the Minister of Justice, Minister for justice, of the Minister for the equipment, housing, transport and tourism, of and social affairs, the Minister Minister for Labour for the economy and finances, of the Minister of Industry, post office and telecommunications and of the Minister for agriculture, fishing and food,
Considering directive (the EEC) of the Council No 76/769 of July 27, 1976 modified relating to the limitation of the marketing and the use of certain substances and dangerous preparations;
Considering the fair labor standards act, in particular the articles L. 231-1, L. 231-6, L. 231-7 and L. 263-2;
Considering the code of consumption, in particular the article L. 221-3;
Considering the penal code, in particular the article R. 610-1;
Considering the code of the customs, in particular article 38;
Considering the highway code;
Considering the decree No 88-466 of modified 28 April 1988 relating to the products containing of asbestos;
Considering the decree No 96-98 of 7 February 1996 relating to the protection of workers against the risks related to the inhalation of asbestos dust; Considering the sasine of Commission of the European Communities by the French Government, on October 29, 1996, according to the procedure urgently envisaged in article 9, paragraph 7, of modified directive 83/189/CEE envisaging a procedure of information in the field of the standards and regulations technical;
Considering the opinion of the national Commission of hygiene and occupational safety in agriculture on September 26, 1996;
Considering the opinion of the commission of the safety of the consumers on October 2, 1996;
Considering the opinion of the higher Council of the prevention of the occupational hazards on October 16, 1996;
After consultation of the professional organizations employers and employees interested;
The Council of State (social section) heard,
Issue:

Article 1st. - I. - With the title of the protection of workers, are prohibited, pursuant to the article L. 231-7 of the fair labor standards act, manufacture, the transformation, the sale, the importation, the marketing national and the transfer with some title that it is of all varieties of asbestos fibres, whether these substances are or not built-in in materials, products or devices.
II - With the title of the consumer protection, are prohibited, pursuant to the article L. 221-3 of the code of consumption, manufacture, the importation, the marketing national, export, detention for the sale, the offer, the sale and the transfer with some title that it is of all varieties of asbestos fibres and of produced while containing.
III - pévues prohibitions to I and II do not make obstacle with the achievement of the obligations resulting from the legislation relating to the waste disposal.

Art. 2. - I. - in exceptional circumstances and temporary, the prohibitions enacted with the article 1st do not apply to certain materials, products or devices existing which contain chrysotile fibre when,
to provide an equivalent function, there is not any substitute with this fibre which:
- on the one hand, presents, in the state of scientific knowledge, a risk less than that of chrysotile fibre for the health of the worker intervening on these materials, products or devices;
- in addition, assures all technical of safety corresponding to the finality of the use.
II - the field of application of the I of this article only the materials, products and devices can enter which concern one of the categories being reproduced on a restrictive list drawn up by decree of the ministers in charge of work, consumption, the environment, industry, agriculture and transport. In order to check the cogency of the maintenance of these exceptions, the list is the annual re-examination object which gives place to the consultation of the higher Council of the prevention of the occupational hazards and the national Commission of hygiene and occupational safety in agriculture.

Art. 3. - I. - manufacture, the transformation, the importation and the marketing national of the one of materials, products or devices concerned with one of the categories mentioned on the list envisaged in article 2 give place to a declaration, completed according to cases' by the chief of establishment, the importer or the person in charge for the marketing national, which is addressed to the minister in charge of work. This statement is made each year in three month or January, if necessary, before the beginning of a new activity, or the modification of an existing production, according to a form defined by decree of the ministers in charge of work, consumption, industry and agriculture.
It is obligatorily matched of all the justifications in the possession of the informant making it possible to establish, taking into account scientific and technological progress, that the activity being the subject of the declaration answers, at the date on which this one is subscribed, in the conditions stated with the I of article 2.
II - an activity which was not the subject of a complete declaration within the time prescribed cannot profit from the exception envisaged in article 2.
III - any moment, the minister in charge of work can transmit to the author of the declaration information appearing to him to establish that the material, product or device in question, although concerning the one of the categories enumerated by the list of article 2, do not satisfy the conditions stated with the I of the same article. After having requested the observations of the informant, it can put it in residence to cease this manufacture, transformation, importation or marketing national and to conform to the prohibition given in the article 1st. It can make public this setting in residence.

Art. 4. - the manufacture and the transformation of materials, products and devices which raise of the categories being reproduced on the list mentioned in article 2 of this decree must take place in accordance with the rules posed by the Ier chapters and II and section 1 of chapter III of the decree of February 7, 1996 referred to above.
Labelling and marking must be in conformity with the requirements of the article L. 231-6 of the fair labor standards act and rule posed by the decree of April 28, 1988 referred to above.

Art. 5. - Without damage of the application of the penal sanctions envisaged to the article L. 263-2 of the fair labor standards act in the event of violation of the provisions of the I of the article 1st of this decree, the fact of manufacturing, of importing, of putting on the national market, of exporting, of offering, of selling, of yielding to some title that it is or of holding for the sale all varieties of fibres of asbestos or produced while containing, in violation of the provisions of II of the article 1st, is punished sorrow of fine planned for the infringments of the 5e class.

Art. 6. - I. - the articles 1st, 2, 3 and the I of article 6 of the decree No 88-466 of 28 April 1988 referred to above are repealed.
II - With the first subparagraph of article 4 of the same decree, words: < < of the measurements of prohibition envisaged in article 2 above > > are replaced by the words: < < of measurements of prohibition > >.
III - To II of article 6 of the same decree, words: < < others that those aimed to article 2 > > are replaced by the words: < < which is not the subject of measurements of prohibition > >.

Art. 7. - A titrates transitory, until December 31, 2001, the prohibition of detention for the sale, setting on sale, transfer to some title that it either does not apply to the motor vehicles of occasion, nor with the agricultural vehicles and apparatuses and foresters aimed to the article R. 138 of the highway code, put in circulation before the date of entry into force of this decree.

Art. 8. - this decree will come into effect on January 1, 1997.

Art. 9. - Minister of Justice, Minister for justice, the Minister for the equipment, housing, of transport and tourism, the Minister for Labour and social affairs, the Minister for the economy and finances, the Minister for the environment, the Minister of Industry, of the post office and telecommunications, the Minister for agriculture, of fishing and the food, the minister delegated to the budget, spokesman of the Government, and the minister delegated to finances and the foreign trade are charged,
each one in what relates to it, of the execution of this decree, which will be published with the Journal officiel de la République française.

Fact in Paris, December 24, 1996.

Alain Juppe

By the Prime Minister:
The social affair and Minister for Labour,
Jacques Deck-beam

Minister of Justice, Minister for justice,

Jacques Toubon
The Minister for the equipment, housing,
transport and tourism,
Bernard Pons

The Minister for the economy and finances,

Jean Arthuis
The Minister for the environment,
Corinne Lepage

The post office, Minister of Industry

and of telecommunications,

Franck Borotra
The Minister for agriculture, fishing and the food,
Philippe Vasseur

The minister delegated to the budget,

spokesman of the Government,

Alain Lamassoure
The minister delegated to finances and the foreign trade,
Yves Galland