In 2010, Germany imported around 60 tonnes of crude asbestos fibres. A commercial firm in Hamburg imported 56 tonnes of asbestos on behalf of the Dow Chemical plant based in Stade (Lower Saxony) and a smaller quantity of a few tonnes was imported by the multinational Solvay for its plant in Rheinberg (North Rhineland-Westphalia).

In both cases, the imported asbestos came from Quebec. Previously, Solvay imported asbestos from Zimbabwe. Dow Chemical also imports cathodes containing asbestos from the United States. In 2010, these imports amounted to 25 tonnes of asbestos fibres.

These data are contained in a recent report submitted by the German government to the European Commission. The report was obtained by the European Trade Union Institute (ETUI) on the basis of Regulation 1049, adopted in 2001, which lays down rules on the transparency of official documents in the European Union.

For Laurent Vogel, Director of ETUI's Department on Working Conditions, Health and Safety, this report confirms that certain Member States are using Annex XVII of the REACH Regulation to continue their asbestos imports.

In his opinion, it is the responsibility of the European Commission to react to this situation and to speed up the process that will put an end to this derogation. Laurent Vogel adds that the European Union should clarify its position. It is illogical to support a global prohibition on asbestos while tolerating imports of asbestos fibres.

The text of Annex XVII of REACH, which lays down the restrictions applicable to the manufacture, placing on the market and use of certain dangerous substances, establishes a derogation that allows Member States to authorise the placing on the market and use of diaphragms that contain chrysotile for existing electrolysis installations.

This measure does not mention the possibility of authorising the import of fibres. Of the 27 European Union Member States, 23 have not made use of this derogation. The industry has developed alternative technologies that make it possible to manufacture chlorine without using asbestos.

Four countries, however, have used the derogation. In the meantime, Bulgaria has discontinued its use of the measure due to the cessation of chlorine production by the enterprise concerned. Poland uses the derogation but it is not certain that it continued to import asbestos after 2009. The stocks built up may suffice for the few years during which the derogation will apply.

The situation in Sweden is not clear. As of 21 July 2011, the national authorities had not yet transmitted their report to the European Commission, although the cut-off date for doing so was 1 June 2011.

(European Trade Union Institute, 14/09/2011)