OEL Setting at the European Level

Since the central focus of this book is on the determination and use of OELs, arrangements at the level of the EU are clearly of particular interest. As noted above, directives such as the Chemical Agents Directive that have a special focus on risk management strategies for hazardous substances in relation to workplaces make provisions for OELs. To appreciate the significance of these provisions it is helpful to first outline the institutional development of approaches to these issues at the level of the EU. 

Approaches in the past. The objective of setting OELs in the European Union (EU) was introduced into EU legislation by Council Directive 80/1107/EEC, as amended by Directive 88/642/EEC. Under this Directive, two types of OELs were defined, binding limit values and indicative limit values (ILVs). Member States were asked to take the ILVs into account when establishing national OELs, but there was no legal obligation to do so. 

In 1990, at the request of the European Council, the European Commission set up an informal group of scientists, known as the Scientific Expert Group (SEG), to give advice on setting limit values, after having reviewed the different approaches in the Member States. In 1991, the first set of 27 ILVs was proposed by the EC and agreed by Member States on the basis of pre-existing national positions (Directive 91/322/EEC).  

Council Directive 88/642/EEC of 16 December 1988 amending Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work, Official Journal L 356,24/12/1988 P. 0074 - 0078. Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work. Official Journal L 177,05/07/1991 P. 0022 - 0024. 

In 1995, the status of the SEG was formalised, becoming Ihe SCOEL. Today the committee has 21 members from all Member States with full scientific expstise needed for this task, The SCOEL provides the Commission with r ommendations on health based OELs. Based on those recommendations, a second list of ILVs was published in 1996 (Directive 96/94/EC).  

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