Legnica, 21st October 2025

ZPPM / 23S / X / 2025

European Commission
Secretariat-General
Rue de la Loi 200/ Wetstraat 200
B – 1049 Brussels
Belgium

Position of the Polish Copper Employers’ Association on Proposal for a Directive of The European Parliament and of The Council amending Directive 2004/37/EC as regards the addition of substances and setting limit values in its Annexes I, III and IIIa (SEC(2025) 217 final} – {SWD(2025) 191 final} – {SWD(2025) 192 final} – {SWD(2025) 193 final}).

Response of Polish Copper Employers’ Association to the public consultation on Proposal for a Directive of The European Parliament and of The Council amending Directive 2004/37/EC as regards the addition of substances and setting limit values in its Annexes I, III and IIIa – Protecting workers against cancer-causing substances at work (COM(2025) 418 final) – 2025/0232 (COD)

Title of the initiative: Protecting workers against cancer-causing substances at work – Proposal for a Directive of The European Parliament and of The Council amending Directive 2004/37/EC as regards the addition of substances and setting limit values in its Annexes I, III and IIIa – 2025/0232 (COD); Commission adoption Type of act: Proposal for a directive – COM(2025)418

The Polish Copper Employers’ Association would like to comment on the preparation by the European Commission Proposal for a Directive of The European Parliament and of The Council amending Directive 2004/37/EC as regards the addition of substances and setting limit values in its Annexes I, III and IIIa (SEC(2025) 217 final} – {SWD(2025) 191 final} – {SWD(2025) 192 final} – {SWD(2025) 193 final}).

The Polish Copper Employers’ Association is the employers’ organization, independent in its operations from state and local government authorities and administration, as well as other organizations. Our organization brings together over 120 employers, employing nearly 38,000 employees. The Association was founded by KGHM Polska Miedź S.A., and our members also include private entities, particularly those in the small and medium-sized enterprise sector, as well as local government companies with no financial ties to the KGHM Group. For nearly 30 years, the Association has been monitoring and reviewing draft legislation relevant to the economy, protecting the rights and representing the interests of employers and entrepreneurs.

The Polish Copper Employers’ Association brings together entities from the mineral resources industry (including mining and metallurgical companies) and represents their interests.

Our member entity is KGHM Polska Miedź S.A. (KGHM) – one of the world’s leading companies involved in the extraction and production of copper and silver. The company also produces other associated metals, which results from the properties of the polymetallic deposit it exploits. KGHM’s most important and largest production facilities are located in Lower Silesia, Poland.

Taking advantage of the opportunity to submit our organization’s position as part of the public consultation on the OEL values for polycyclic aromatic hydrocarbons (PAHs), we request that the underground mining of non-ferrous metals be added to the list of sectors covered by the 6-year transition period for the NDS set for PAHs.

In KGHM Polska Miedź S.A. is used over 1,200 diesel-powered machines. In order to comply with the new requirements, our member companies have been working for a long time to prepare ourselves as best as possible for the required changes and, above all, to ensure safe working conditions for our employees exposed to diesel engine exhaust fumes, which are a source of polycyclic aromatic hydrocarbon emissions.

The application for inclusion in the list of sectors covered by the 6-year transition period for OEL for PAHs results from the ongoing process at our members (in particular KGHM) of replacing diesel-powered machines with those that meet the STAGE V emission standard and eliminating older units from the machine park (especially those below STAGE IIIB, which are characterised by higher hydrocarbon emissions). Underground mining of non-ferrous metals relies on the use of diesel-powered machinery. Replacing the machine park and replacing machines with modern engines that emit less exhaust fumes is a costly and lengthy process, which is why the 6-year transition period for the underground mining of non-ferrous metals is particularly important to us.

Yours faithfully

Jarosław Dudkowiak
CEO & President of the Management Board of the Polish Copper Employers’ Association

This position is based on expert opinions and reports from member entities of the Polish Copper Employers’ Association.

The Polish Copper Employers’ Association is the employers’ organization, independent in its operations from state and local government authorities and administration, as well as other organizations. Our organization brings together over 120 employers, employing nearly 38,000 employees. The Association was founded by KGHM Polska Miedź S.A., and our members also include private entities, particularly those in the small and medium-sized enterprise sector, as well as local government companies with no financial ties to the KGHM Group. For nearly 30 years, the Association has been monitoring and reviewing draft legislation relevant to the economy, protecting the rights and representing the interests of employers and entrepreneurs.

Polish Copper Employers’ Association: Transparency register: TR ID 308627025380-23