COUNCIL DIRECTIVE 95/63/EC
of 5 December 1995
amending Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189c (3),
Whereas Article 118a of the Treaty provides that the Council shall adopt by means of directives, minimum requirements for encouraging improvements, especially in the working environment, as regards the health and safety of workers;
Whereas, pursuant to the said Article, such Directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;
Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health in the use of work equipment is essential to ensure the safety and health of workers;
Whereas, therefore, Member States must take measures to facilitate implementation of the provisions of this Directive by undertakings, in particular small and medium-sized undertakings; whereas such measures may include training and information activities adapted to the specific requirements of the various sectors of the economy;
Whereas provisions adopted pursuant to Article 118a of the Treaty do not prevent each Member State from establishing and maintaining more stringent protective measures, compatible with this Treaty, governing conditions of work;
Whereas Article 9 (1) o Directive 89/655/EEC (4) provides for the addition to the Annex of the supplementary minimum requirements applicable to work equipment referred to in point 3 of the Annex, in accordance with the procedure provided for in Article 118a of the Treaty;
Whereas this Directive must confine itself to defining the objectives to be achieved and the principles to be respected leaving Member States free to decide how national legislation will be complied with and improved upon;
Whereas the Member States shall, after consultation with both sides of industry, and with due allowance for national legislation and/or practice, establish procedures whereby a level of safety may be attained corresponding to the objectives indicated by Annex II to this Directive;
Whereas this Directive constitutes a practical element in realizing the social dimension of the internal market,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 89/655/EEC is hereby amended as follows:
1. Article 4 shall be amended as follows:
(a) in paragraph 1 (a) (ii) and (b), 'in the Annex' shall be replaced by 'in Annex I';
(b) the following point is inserted in paragraph 1:
'(c) without prejudice to point (a) (i), and notwithstanding point (a) (ii) and point (b), specific work equipment subject to the requirements of point 3 of Annex I, which, if already provided to workers in the undertaking and/or establishment by 5 December 1998, complies with the minimum requirements laid down in Annex I, no later than four years after that date';
(c) the following paragraph shall be added:
'3. Member States shall, after consultation with both sides of industry, and with due allowance for national legislation and/or practice, establish procedures whereby a level of safety may be attained corresponding to the objectives indicated by the provisions of Annex II.'
2. The following Article shall be inserted:
'Article 4a
Inspection of work equipment
1. The employer shall ensure that where the safety of work equipment depends on the installation conditions, it shall be subject to an initial inspection (after installation and before first being put into service) and an inspection after assembly at a new site or in a new location by competent persons within the meaning of national laws and/or practices, to ensure that the work equipment has been installed correctly and is operating properly.
2. The employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is subject to:
- periodic inspections and, where appropriate, testing by competent persons within the meaning of national laws and/or practices,
- special inspections by competent persons within the meaning of national laws and/or practices each time that exceptional circumstances which are liable to jeopardize the safety of the work equipment have occurred, such as modification work, accidents, natural phenomena or prolonged periods of inactivity,
to ensure that health and safety conditions are maintained and that the deterioration can be detected and remedied in good time.
3. The results of inspections must be recorded and kept at the disposal of the authorities concerned. They must be kept for a suitable period of time.
When work equipment is used outside the undertaking it must be accompanied by physical evidence that the last inspection has been carried out.
4. Member States shall determine the conditions under which such inspections are made.';
3. the following Article shall be inserted:
'Article 5a
Ergonomics and occupational health
The working posture and position of workers while using work equipment and ergonomic principles must be taken fully into account by the employer when applying minimum health and safety requirements.';
4. the following subparagraph shall be added at the end of Article 6 (2):
'Workers must be made aware of dangers relevant to them, work equipment present in the work area or site, and any changes affecting them, in as much as they affect work equipment situated in their immediate work area or site, even if they do not use such equipment directly.';
5. in Article 8, 'the Annex' is replaced by 'the Annexes';
6. Article 9 shall be amended as follows:
- in the title to the Article, 'of the Annex' shall be replaced by 'of the Annexes',
- in paragraph 1, 'the Annex' where it appears twice in the text shall be replaced by 'Annex I',
- in paragraph 2, 'the Annex' shall be replaced by 'the Annexes';
7. the Annex, which becomes Annex I, shall be amended in conformity with Annex I to this Directive;
8. an Annex II shall be added, the text of which is set out in Annex II to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 5 December 1995. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the provisions of national law which they have already adopted or which they adopt in the field governed by this Directive.
3. The Commission shall periodically present a report on the implementation of this Directive to the European Parliament, the Council and the Economic and Social Committee.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 5 December 1995.