COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) (nth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

1992/0449 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) (nth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

1. Background

-Proposal forwarded to Parliament* and the Council (COM(1992)560final) 8.2.1993 (OJ C 77 18.3.1993) * not subject to the co-decision procedure at the time of the proposal

-Opinion delivered by the Economic and Social Committee on 30.6.1993 (OJ C 249, 13.9.1993) and by the Committee of the Regions* * stated in a letter dated 13 January 2000 that it would not issue an opinion

-Opinion of the European Parliament (1st reading) delivered on 20.4.1994 (OJ C 128,9.5.1994)

-Amended proposal forwarded to the Council on 8.7.1994 (OJ C 230,19.8.1994)

-Date of political agreement and formal adoption of the common position by the Council 28.11.2000 (unanimously) and 11.6.2001 (unanimously)

2. Aim of the Commission proposal

The original proposal was based on Article 118A of the Treaty (now Article 137) and takes the form of an individual directive within the meaning of Article 16(1) of the Framework Directive 89/391/EEC.

It aims at the protection of workers against the risks to their health and safety arising from exposure to physical agents. The proposal covers four physical agents: noise (risks to hearing), vibrations (risks to the hand, arm and whole body), electromagnetic fields and optical radiation (risks to the health from induced currents in the body, shock and burn hazards and from absorption of thermal energy).

The provisions concerning vibrations and electromagnetic radiation are new, whereas the provisions concerning noise already exist in Council Directive 86/188/EEC of which this proposal constitutes the second phase of the approach adopted by the Council and foreseen in Article 10 of the same.

The general approach taken by the Council had been to concentrate on the one element (vibrations) on which agreement might be reached at an early date and for which there is no specific Community legislation.

All delegations and the Commission accepted this approach to deal with the proposal on a step by step basis which does not discard the other parts of the Commission's proposal which remain on the table of Council for future discussions. A statement of the Council in the Council Minutes confirms that the proposal remains on the table of the Council and reiterates the commitment of the Council to deal with the other physical agents at a later stage.

3. Comments on the common position

3.1. General

Due to the splitting of the proposal, the text is now limited to the specific minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to mechanical vibration.

The common position establishes exposure limit values for hand-arm vibrations and whole body vibrations above which no worker may be exposed and exposure action values which determine which preventive measures are necessary to reduce the risks to workers.

The preventive measures laid down by the common position are based primarily on the determination and assessment of risks that the employer has to perform using different methods for evaluation of the level of exposure to mechanical vibration. In this regard, the common position refers to ISO standards.

On the basis of the risk assessment and as soon as the exposure action values are exceeded, the employer shall establish and implement a programme of technical and/or organisational measures aiming at avoiding or reducing exposure.

The common position also foresees detailed rules for the information and training of workers exposed to risks arising from vibrations as well as a reinforced health surveillance, conferring in particular a right on the worker to receive it when the exposure action value is exceeded.

In general, the Council's common position complies with the spirit of the Commission proposal although with a different structure due to the splitting of the proposal. It takes into account most of the amendments submitted following the first reading in the European Parliament applicable to the vibrations' part of the Commission's proposal.

The most significant differences compared to the Commission proposal are the increase of the exposure limit value and exposure action values for the whole-body vibration, the deletion of the concept of threshold value, the granting of special derogations for maritime and air sectors and for seasonal work as well as a establishment of transitional periods for existing work equipment in general and for the one used in the agriculture and forestry sectors (extended period).

3.2. The European Parliament's amendments in first reading

The European Parliament first reading amendments applicable to vibrations are: 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 25, 27, 28, 29, 30, 31, 32 and 33.

Amendments Nos 1, 4, 5, 8, 9, 16, 17, 18, 19, 28, 30, 31 and 33 were accepted in their entirety in the common position as in the amended proposal.

In addition, amendments Nos 7, 10, 11, 13 and 20 which were accepted in the amended proposal have been slightly reformulated by the Council while retaining their meaning. The Commission is in agreement with this.

Amendments Nos 21, 27, 29 and 32 which were accepted in the amended proposal have not been accepted in the common position. The Commission accepted the non inclusion of these amendments in view of obtaining a global agreement and because it considers that the common position maintains the essence of the provisions of its amended proposal to which these amendments refer, in some cases in a more stringent manner.

Amendments Nos 6, 15 and 25 have not been accepted, neither in the common position nor in the amended proposal, for the reasons already stated during the 1st reading.

Amendment No 12 that had not been included in the modified proposal has been introduced with a slight modification in the common position.

The main differences between the amended proposal and the Council's common position are:

a) A different structure and renumbering of the Articles imposed by the decision on the splitting of a general directive on physical agents into four different individual directives covering the four physical agents separately.

The Commission agreed with the splitting on the condition that the amended proposal remains on the table of the Council until all physical agents have been dealt with and the firm commitment of the Council to continue its works on the remaining parts of the proposal until its completion.

b) The daily exposure limit value for whole body vibrations and the action value have been increased in the common position to 1,15 m/s2 and 0,6 m/s2 respectively in comparison to 0,7 m/s2 and 0,5 m/s2 respectively in the amended proposal.

The Commission accepted these new values in view of achieving a global compromise although it still considers that lower values in line with its amended proposal should be established,

c) The deletion of the threshold values in the common position.

The Commission accepted this deletion because it strengthens the text by rendering applicable the provisions of the directive as long as the risk exists.

d) New derogations from the limit value for whole-body vibrations for the case of sea and air transport have been introduced in the common position as well as a derogation for specific cases where the exposure varies markedly from time to time. The Commission agreed with these derogations considering that the characteristics of the sea and air sectors deserved special consideration and that strict conditions for their granting are imposed as well as the guarantee of increased medical surveillance for the workers concerned.

3.3. New provisions introduced by the Council, and the Commission's position

Article 9 of the common position includes an optional transitional period with regard to implementation of the obligations linked to the respect of the limit value in order to allow for adaptation of work equipment in use. The equipment used in agricultural and forestry sectors would benefit from a supplementary transitional period of 3 years.

The Commission agrees with the Council that the practical implementation in particular in small and medium size undertakings will require awareness-raising and targeted information campaigns, the preparation of training modules and organisation of courses, and the acquisition of new equipment and/or accessories.

The Commission therefore accepted these transitional periods recognizing that time would be needed for some industrial sectors to adapt.

4. Conclusions/general comments

The Commission supports the common position in its entirety.

5. Commission statements

See annex.

ANNEX

DRAFT STATEMENTS TO BE ENTERED IN THE COUNCIL MINUTES

3. The Council asks the Commission to evaluate the implementation of the Directive in the light of scientific research and data with a view to proposing appropriate amendments if necessary.

The Commission pointed out that under its mandate it must ensure the application of the provisions of this Directive.