On 22 July 2026, the Council of the European Union is scheduled to adopt a final compromise text amending the Carcinogens, Mutagens and Reprotoxic Substances Directive (CMRD VI). The text introduces two new provisions clarifying that personal protective equipment (PPE) must be used only as a last resort, after technical and organisational measures have been exhausted, and that employers must assess and mitigate any additional risks arising from PPE use.
The compromise text, published as a Council note ahead of the 22 July meeting, adds a subparagraph to Article 5(5) specifying that “individual protection measures” include PPE and must respect the hierarchy of controls established in Directive 89/656/EEC and Regulation (EU) 2016/425. A new Article 10(2)(a) requires employers to evaluate the additional risks posed by PPE—particularly respiratory protection and coveralls—and to set regular break durations and frequencies. Existing breaks under other arrangements may count toward this requirement if their objectives are met. Employers must also ensure PPE is maintained in good working and hygienic condition.
The directive, which updates Annexes I, III and IIIa of Directive 2004/37/EC, has been under negotiation for several months. The European Parliament adopted its first-reading position on 17 June 2026, calling for stricter substitution obligations and lower occupational exposure limits. The Council’s compromise text does not alter the proposed limit values but focuses on the operational framework for PPE use.
The new provisions aim to address concerns raised by trade unions and worker representatives that over-reliance on PPE can shift the burden of protection onto workers rather than eliminating hazards at source. Business associations, including BusinessEurope, had cautioned against overly prescriptive break requirements, arguing they could disrupt production schedules. The compromise allows existing breaks to be counted, which industry groups see as a pragmatic solution.
For employers, the directive imposes new obligations to document the hierarchy of controls, assess PPE-related risks, and schedule breaks—potentially increasing administrative and operational costs. Workers benefit from stronger safeguards against residual risks from PPE, such as heat stress or restricted mobility. National labour inspectorates will need to enforce the new requirements, while PPE manufacturers may see increased demand for equipment that minimises additional risks.
Following the Council’s expected adoption on 22 July, the text will be forwarded to the European Parliament for a second-reading vote. The Commission has indicated it will issue a statement on the implementation timeline once the directive is formally adopted.