Amendments to Directive 2004/37/EC
Article 5
Directive 2004/37/EC is amended as follows:
1. In Article 1, paragraph 4 is replaced by the following:
4.
As regards asbestos, which is dealt with by Directive 2009/148/EC of the European Parliament and of the Council , the provisions of this Directive shall apply whenever they are more favourable to health and safety at work.
2. Article 2 is amended as follows:
  1. point (a) is replaced by the following:
    1. “carcinogen” means:
      1. a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council ;
      2. a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex;
  2. point (b) is replaced by the following:
    1. “mutagen” means:
a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008;
3. In Article 4(1) the word ‘preparation’ is replaced by the word ‘mixture’.
4. In Article 5(2) the word ‘preparation’ is replaced by the word ‘mixture’.
5. In point (b) of Article 6, the word ‘preparations’ is replaced by the word ‘mixtures’.
6. In Annex I, in the heading, the word ‘preparations’ is replaced by the word ‘mixtures’.
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).’
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).’