COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90) 564 final 
Brussels, 25 September 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
establishing a European Agency for Safety and 
Health at Work 
1;!!31': (presented by the Commission) 
m 
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EXPLANATORY MEMORANDUM 
1. introduct ion 
1.1 In its programme of action on the implementation of the Community 
Charter of Fundamental Rights for Workers, the Commission made 
provision in Chapter 10, on the protection of health and safety 
at work, for the establishment of an Agency for Safety and Health 
at Work. 
1.2 In the comments which accompanied this proposal the Commission 
stressed that "... in its Resolution of 21 December 1987, the 
Council welcomed the Commission communication on its programme 
concerning safety, hygiene and health at work. Among other 
things, it called on the Commission to examine ways of improving 
the exchange of information and experience in the field 
concerned, in particular as regards the gathering and 
dissemination of data and the advisability of setting up 
Community machinery to study the repercussions at national level 
of Community measures in the field of safety and health at work. 
The Resolution also called for intensified cooperation with and 
between the bodies active in the field. 
The Council also stressed the fundamental importance of workers 
being aware of the issues involved and having access to 
information and, if necessary, to training if the measures 
recommended in the Commission's programme were to prove 
successful. 
Recognizing the dangers not only to health and safety, but also 
to the business environment and the labour markets, of divergent 
health and safety conditions, employers' and workers' 
organizations have impressed upon the Commission the need to 
ensure that directives are implemented accurately, fully and 
equitably. They have also called for appropriate advice and 
assistance to be provided to undertakings and organizations in 
order to help them comply with the requirements imposed by 
Community directives. 
In order to respond to these requests, the Commission, while 
remaining responsible for monitoring the application of Community 
law, is to set up an Agency for Safety and Health at Work to help 
in the implementation of various programmes relating to the 
working environment, including providing technical and scientific 
assistance and coordination, and advising on training. 
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To this end the Agency will draw on the experience of the 
European Foundation for the Improvement of Living and Working 
Conditions (Dublin Foundation). 
2. Earlier legislation 
2.1 Before the Single Act came into force, there were already a 
number of directives In the field of health and safety at work 
(on protection against risks relating to asbestos, noise and 
lead, in particular). 
2.2 Since October 1987, when the Commission adopted its programme 
concerning health and safety at work, a considerable number of 
proposed directives have been adopted, including Directive 89/391 
on improving the safety and health of workers at the workplace 
(framework Directive). 
2.3 The framework Directive provides for additional individual 
Directives to cover activities presenting a high degree of risk 
to health and safety. The following directives have already been 
adopted by the Council: workplaces, working equipment, personal 
protective equipment, VDU screens, handling heavy loads, 
carcinogenic agents and biological agents. 
2.4 As regards the protection of the safety and health of workers, 
the Commission's approach has been to ensure that Community 
legislation continues to progress across a broad front while at 
the same time fulfilling specific requirements, particularly in 
high risk sectors. In this context proposals for individual 
directives based on the framework Directive will continue to be 
drafted, to extend, amplify and reinforce the effect of the 
framework Directive in their respective fields. The Commission 
must also ensure that existing texts are updated to keep pace 
with technical progress. 
3. Current situation 
3.1 The implementation of the framework Directive and the additional 
individual Directives itself represents a considerable volume of 
work for both the Member States and the Commission, which has the 
task of ensuring that these Directives are correctly transposed 
into national legislation. 
Furthermore, the Commission needs to be continually aware of what 
is happening in the Member States and what technological, 
technical and scientific advances are being made in the field of 
safety and health, so that it can, if necessary, introduce other 
proposals in the future, as well as revising or adapting existing 
Directives, often at short notice. 
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Although the Commission is able to keep abreast of new 
developments in specific sectors of activity, science and 
technology are advancing at such a rate that the Commission, with 
its current resources, cannot possibly keep up with collecting 
and objectively analysing all the new data available - often 
disparate and fragmentary in nature - in order to identify new 
dangers and then to decide whether new proposals are required. 
The revision of specific proposals also entails considerable work 
for the Commission departments involved. This is the case, for 
example, with the collection and analysis of the data required 
for the Commission to define exposure limit values for chemical 
substances. The scale of the task is considerable, as the Member 
States have laid down values for only about 1000 substances, 
whereas there are over 110 000 chemical substances listed in the 
European Inventory of Existing Chemical Substances (EINECS). 
3.2 The Commission is not alone in wanting objectively analysed data. 
The Member States, the European Parliament, the social partners 
and others involved such as small and medium-sized undertakings 
are all calling for such information to be made available - but 
in many cases, for a variety of reasons, the Commission is unable 
to respond. The dynamic nature of recent Community legislation 
is also creating a demand for information, imposing ever 
increasing burdens on the Commission's departments. 
3.3 In order to satisfy some of these requirements the Commission has 
introduced a bulletin for a Community information system for 
health and safety at work (JANUS) and has published a special 
edition of Social Europe on safety and health at work. The 
increasing popularity of these publications illustrates the 
enormous interest taken in this area, but conversely also leads 
to the submission of more and more requests for information to 
the Commission, which is seen by the outside world as the 
information centre for what is happening in the Member states. 
However, the reality is that the Commission collects only the 
information it needs for its own purposes, and this represents 
only a small percentage of the information currently available. 
3.4 Although legislation and information have particular roles to 
play in improving safety and health at work, those concerned need 
to be given adequate training, as required in the directives. 
Here again, the Commission is being called upon to organize 
exchanges of information so that all those concerned with 
training can benefit from the latest advances, as well as 
learning about what is going on in this field in the Community. 
The Commission has organized a limited number of measures for 
instructors, but their very success has already exhausted the 
available resources, which were primarily intended for other 
activities. However, the need still exists, and it will become 
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increasingly obvious as those involved, in particular employers, 
workers, and those in charge of small and medium-sized 
undertakings, are required to ensure that they comply with the 
directives in this field, some of which are of a highly technical 
nature. 
3.5 Generally speaking, the various national and international 
institutes responsible for worker safety and health (including 
the European Foundation for the Improvement of Living and Working 
Conditions) are unable to meet the demand In full. Their working 
methods do not always meet the Commission's short-term 
requirements, either because it takes too long in most cases to 
obtain the requisite information, or because of the nature of the 
work, which is not commensurate with the special interest and 
nature of Community activities. 
In the case of the Dublin Foundation, it is quite obvious that it 
was not set up to provide "technical assistance" for the 
Commission, nor would its working methods (sub-contracting) allow 
it to do so. It also has to deal with aspects of living and 
working conditions other than health and safety. 
3.6 In short, to enable it to achieve its aims the Commission must 
gather together and analyse all the useful information it can 
obtain. From this point of view the current situation is 
character ized by: 
the growing difficulty which the Commission has to reply to 
the ever increasing demands which are made on it, 
the fragmentary and disparate nature of the information 
avai table, 
the Commission's dependence for data on programmes 
established elsewhere, which do not necessarily coincide with 
the strategy and priorities laid down by the Community 
author it ies, 
the virtual impostibMity for the Commission to guide studies 
and programmes conducted by third parties in the direction of 
its own priorities. (The Commission has only limited scope 
for influencing the main thrust of the Dublin Foundation's 
programme, for example). 
3.7 In order to be better able to carry out its tasks, the Commission 
needs a flexible instrument designed to collect and process 
information, whose structure and working programmes are such that 
it can fulfil its own requirements according to its priorities. 
This is the object of this proposal. 
3.8 The Commission believes that an Agency whose main aims and 
methods differ from those of existing bodies will be able to 
fulfil the requirements of the Community Institutions in 
developing the social aspects of the Internal Market in the field 
of health and safety. The establishment of a European Agency for 
Safety and Health at Work is in line with the policy laid down by 
the European Council, most recently the Rome Council of 27 and 
28 October 1990, which stressed the need to give equal weight 
tosocial and economic considerations in the construction of 
Europe. It emphasized that the completion of the internal market 
should produce a real improvement in employment and in the living 
and working conditions of every citizen in the Community, and 
stressed the importance of pushing on with the action programme 
for the implementation of the Social Charter, and in particular 
*ith the proposals on health and safety at work, which need to be 
adopted without delay if the Community is to have full 
legislation governing this vital aspect of social protection. 
3.9 The creation of the Agency would also comply with a request 
expressed by the European Parliament (in its Resolution of 17 
March 1989 on safety at sea), calling on the Commission to draw 
up a proposal for the creation of a European Agency on safety at 
sea, a specific matter which would be included in the Agency's 
overall remit. 
3.10 As regards the budget for the Agency, a p.m. entry is currently 
scheduled for 1991. Clearly, the Agency cannot start to operate 
until a budget has been obtained, if necessary by transferring 
sums from other headings in chapter B3-4. 
Responsibilities of the Agency 
The Agency's main task would be to give the Commission direct access 
to information on and expertise in health and safety at work, and to 
assist the Commission in Implementing successive action programmes. 
It would also have to help the Community and the Member States to 
fulfil their obligations under the Treaties. It would be a centre of 
excellence, becoming the focal point in the Community for the 
technical and scientific aspects of health and safety at work not 
only for the Commission, but for all those involved in the field. It 
would also be required to help the Commission with its international 
contacts in this field. 
4.1. Technical assistance 
The Agency will be required to ensure that technical staff are 
always available to help the Commission on technical and 
scientific matters involved in the drafting and implementation of 
Community legislation, in particular: 
I. it would have to provide the Commission with the 
requisite technical and scientific assistance for 
drafting and evaluating measures in this field; 
li. it would have to be able to provide the Commission with 
the requisite information for drafting directives and 
other legal instruments; 
ill. it would have to evaluate the probable impact of 
Community health and safety legislation, particularly on 
small and medium-sized undertakings; 
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iv. it would have to evaluate innovative and new technologies 
in the field of health and safety at work, as well as the 
safety of new products, and to encourage the testing of 
new techniques at Community level. 
4.1.2 The Agency will be responsible for carrying out studies based on 
planned Community measures, giving priority to special topics of 
interest to the Community. 
4.1.3 It would be required to promote cooperation between institutions 
in the Community on Joint projects in order to achieve agreed 
aims more economically and effectively and to avoid duplication 
of effort. 
4.2. Network 
4.2.1 The Agency would be required to set up, with help from the Member 
States, and coordinate a network comprising the main components 
of the national information networks, national focal points and 
themat ic centres. 
4.2.2 The Agency would operate both as a centre and as a central 
exchange for the transfer of information on safety and health 
matters. More particularly, it would be required to provide a 
rapid response to Commission requests relating to specific 
measures. It would also have to establish and maintain close 
contact with existing institutes and organizations in the Member 
States. 
4.2.3 The Agency would build on the experience of existing institutions 
and organizations, including the European Foundation for the 
improvement of Living and Working Conditions. It would bring 
added value to their work by selecting and processing information 
which is directly linked to the Commission's requirements. 
4.2.4 The Agency would know about work carried out elsewhere and the 
Commission's working priorities, and would therefore be able to 
prevent duplication of effort between its own work and that of 
third parties. It would draw up lists of work currently being 
carried out in the Community as a whole. 
4.2.5 It would create a network of databanks, setting up its own 
databanks for its work and linking up where appropriate with 
existing databanks. The data produced by the Agency as part of 
its day-to-day operations would be stored in a databank. 
4.2.6 It would have to cooperate with other Community programmes and 
bodies which plan to take measures relating to health and safety 
at work, and in particular with the Statistical Office and the 
Community research programmes, Including the Community Bureau of 
References (CBR) and, where appropriate, with organizations 
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outside the European Community, including international bodies 
such as the WHO, the ILO and the ISO. 
4.2.7 Although the Agency would not be involved in the standardization 
process for the completion of the Internal Market, it would have 
to be familiar with the work being done in this field, 
particularly by the CEN and CENELEC. 
4.3 Informat ion 
4.3.1 It would be required to explore the possibility of developing a 
rapid exchange system for information on health and safety at 
work, and in particular on work equipment (current and new), 
products, substances and preparations covered by Community 
legislation, so that protective and preventive measures can be 
introduced quickly. It would also have to provide the Commission 
with the information it needs to settle disputes and 
disagreements. 
4.3.2 It would have to produce publications on health and safety based 
on the information available and addressed to the general public 
and to firms, in particular small and medium-sized undertakings. 
4.4 Training 
4.4.1 To meet the needs expressed more particularly by the social 
partners, the Agency would organize training courses on specific 
subjects, including Community directives and other legal 
instruments, addressed to employers, workers, workers' 
representatives and various health and safety specialists, 
including the instructors themselves. 
4.4.2 It would also be required to organize specialized seminars on 
topical subjects, together with regular meetings of experts. If 
necessary it might organize exchanges of experts between the 
various Member States. 
5. Administrative Board 
The Administrative Board of the Agency will be quadripartite. 
As was stated earlier, it is important for the social partners to be 
involved in the running of the Agency and the selection of its 
programme. Management and workers play a fundamental part in shaping 
and implementing policy on health and safety at work. There is 
••utatslaèi » -1 -ArfrfiMe&v;. 
already an Advisory committee on Safety, Hygiene and Health 
Protection at Work, which advises the Commission during the 
préparât ion of legislation in this field. 
In order to ensure the required degree of consensus between all 
parties involved, it is proposed to have the social partners on the 
Administrative Board. 
For the same reason the Chairman of the Administrative Board and the 
Director of the Foundation will be required to attend meetings of the 
Agency's Administrative Board as observers. The Administrative Board 
will be chaired by a Commission representative. 
6. Consultation procedure 
6.1 The Advisory Committee on Safety, Hygiene and Health Protection at 
Work at its meeting on 29 and 30 May 1990 came out in favour of 
setting up the Agency . 
6.2 The European Parliament must be consulted in accordance with the 
provisions of Article 235 of the EEC Treaty. It is also proposed to 
consult the Economic and Social Committee. 
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Proposal for a 
COUNCIL REGULATION (EEC) 
establishing a European Agency for Safety and 
Health at Work 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 235 thereof, 
Having regard to the proposal from the Commission^1), 
Having regard to the opinion of the European Par I lament^2), 
Having regard to the opinion of the Economic and Social Committee^3), 
Whereas safety, hygiene and health at work are among the priorities for an 
effective social policy; 
Whereas the Commission has described the measures which it intends to take in 
these fields in its programme concerning safety, hygiene and health at 
work*4*, and in its action programme concerning the implementation of the 
Community Charter of Fundamental Social Rights for Workers*5^; 
Whereas, in its Resolution of 21 December 1987(6), the Council welcomed the 
Commission communication on its programme concerning safety, hygiene and 
health at work, and, inter alia. called on the Commission to examine ways of 
improving the exchange of information and experience in the field of health 
and safety at work, in particular as regards the gathering and dissemination 
of data and the advisability of setting up Community machinery to study the 
repercussions at national level of Community measures in this field; 
(1) OJ No 
(2) OJ No 
(3) OJ No 
(4) OJ NO C 28, 3.2.1988, p. 3. 
(5) COM(89) 568 final, 29.11.1989. 
(6) OJ No C 28, 3.2.1988, p. 1. 
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Whereas this Resolution also called for intensified cooperation with and 
between the bodies active in this field; 
Whereas the Council also stressed the fundamental importance of workers being 
aware of the issues involved and having access to information and, if 
necessary, to training if the measures recommended in the Commission's 
programme were to prove successful; 
Whereas detailed, reliable and objective economic, technical and scientific 
data need to be collected, processed and analysed in order to provide the 
Commission and the Member States with the information to enable them to 
respond to all the requests addressed to them, to introduce essential 
measures for the protection of the health and safety of workers and to 
provide those concerned with adequate information; 
Whereas there are already organizations in the Community and the Member 
States which provide this type of informat ion and services; 
Whereas, in order to obtain the maximum benefit at Community level from work 
already carried out by these organizations, it would be appropriate to 
establish a network to form a European monitoring system for collecting 
information on health and safety at work, to be coordinated at Community 
level by a European Agency for Safety and Health at Work; 
Whereas, in order to be able to respond more effectively to requests while 
maintaining its responsibility for monitoring the application of Community 
law, the Commission needs a flexible instrument designed to collect and 
process information, with a structure and with working programmes geared to 
the Commission's own functional requirements and priorities; 
Whereas it is therefore appropriate to set up a European Agency for Safety 
and Health at Work responsible for assisting the Commission in carrying out 
the tasks described above; 
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Whereas the rules and structure of the Agency must be geared towards the 
nature of the results desired and should be such that it can carry out its 
work in cooperaton with existing national and international bodies; 
Whereas the Agency must be able to invite as observers representatives of 
third countries and international organizations who share the interests of 
the Community and the Member States in the aims of the Agency-, 
Whereas the Agency must bave legal autonomy, while maintaining close links 
with the Community institutions; 
Whereas, for the adoption of this Régulât ion, the Treaty does not provide for 
powers other than those referred to in Article 235, 
HAS ADOPTED THIS REGULATION: 
Article 1 
A European Agency for Safety and Health at Work, hereinafter called the 
"Agency", is hereby established. 
Its headquarters are located at in 
Article 2 
In order to promote the improvement of the working environment in particular, 
and to protect the safety and health of workers as provided for in the Treaty 
and successive action programmes concerning health and safety at the 
workplace, the aim of the Agency shall be to provide the Community, the 
Member States and those involved in the field with all the technical, 
scientific and economic information required in the field of safety and 
health at the workplace. 
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Article 3 
For the purpose of achieving the aim described in Article 2, the Agency's 
role shalI be: 
(a) to provide the Commission with the technical and scientific 
assistance necessary for the formulation and evaluation of measures 
envisaged in this field; 
(b) to set up, with the help of the Member States, and coordinate the 
network provided for in Article 4 for the purpose of exchanging 
information and experience and, where appropriate, to coordinate the 
activities of the organizations involved at Community level; 
(c) to promote the exchange of information and be responsible for its 
dissemination to all those concerned; 
(d) to organize training courses for experts, including instructors, and, 
if necessary, exchanges between experts in the different Member 
States; 
(e) to help ensure that national data on safety and health at the 
workplace are comparable and to identify data which need to be 
harmonized; 
(f) to promote cooperation in monitoring the application of measures 
relating to safety and health at the workplace-, 
(g) to cooperate with other Community bodies and programmes, and in 
particular with the Statistical Office and the Community research 
programmes for the definition of research requirements and 
exploitation of research results, on matters relating to safety and 
health at the workplace; 
(h) to cooperate with other international organizations such as the World 
Health Organization and the International Labour Office, and with 
other institutions and organizations in non-member countries; 
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( « ) to carry out other tasks laid down by the Commission with the 
agreement of the Administrative Board. 
Article 4 
1. The Agency shall set up a network comprising the following: 
the main components of the national information networks-, 
national focal points-, 
- thematic centres. 
2. To enable the network to be set up as quickly and efficiently as 
possible, the Member States must notify the Agency within six months of 
the entry into force of this Regulation of the main components of their 
national information networks on health and safety at work, including any 
institutions which they feel might assist the Agency with its work, given 
that the geographical coverage of their territory needs to be as complete 
as possible. 
3. More particularly, they may specify among the institutions referred to in 
paragraph 2 or other organizations in their territory a "national focal 
point" to be responsible for coordinating and/or forwarding national data 
to the Agency and the institutions or bodies belonging to the network, 
including the thematic centres referred to in paragraph 4. 
4. Within the period referred to in paragraph 2, the Member States may also 
nominate institutions or other organizations in their territory which 
might be specifically appointed to work with the Agency on certain topics 
of particular interest. Any such institution or other organization 
should be in a position to conclude an agreement with the Agency to act 
as a thematic centre for the network, carrying out specific tasks for a 
ciearly defined geographical area. The centres shall cooperate with 
other institutions or organizations belonging to the network. 
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5. Within six months of receipt of the information referred to in paragraphs 
2 and 3, the Agency shall confirm the main components of the network by 
means of a decision of the Administrative Board and in accordance with 
the arrangements referred to in Article 5. 
The thematic centres shall be appointed by a unanimous decision of the 
Administrative Board for a period of not more than three years. However, 
the appointment may be renewed. 
6. The specific tasks of the thematic centres shall be listed in the 
Agency's annual work programme referred to in Article 10(1). 
7. The Agency shall, in the light of experience, periodically reexamine the 
main components of the network referred to in paragraph 2 and shall 
implement any changes decided upon by the Administrative Board, taking 
account, where appropriate, of any new designations by the Member States. 
Article 5 
The Agency may reach an agreement with the institutions or bodies belonging 
to the network referred to in Article 4 on the arrangements required, and 
particularly contracts, for them to carry out their tasks. Member States may 
stipulate that such arrangements with the Agency in respect of institutions 
or national bodies on their territory should be concluded in agreement with 
the national focal point. 
Article 6 
The information and data supplied to the Agency or disseminated by it may 
be published and shall be accessible to the public, provided that they comply 
with the rules of the Community and the Member States on the dissemination of 
information, particularly as regards confidentiality. 
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Article 7 
The Agency shall have legal personality. In all Member States it shall have 
the most extensive legal capacity accorded to legal persons under their laws. 
Article 8 
1. The Agency shall have an Administrative Board consisting of: 
(a) a representative from each Member State, 
(b) 12 representatives from the two sides of industry in the Member 
States, comprising six representatives from workers' trade union 
organizations and six representatives from employers' professional 
organizations, and 
(c) three Commission representatives. 
2. The members referred to in paragraph 1 (a) and (b) shall be appointed by 
the Commission after consultations with the Member States. The members 
referred to in paragraphe (b) shall be chosen by the Commission from the 
members of the Advisory Committee on Safety, Hygiene and Health 
Protection at Work. 
In addition to the members, the Commission shall appoint, by the same 
procedure, deputies who shall take part in meetings in the absence of the 
member. 
The members and deputies representing the Commission shall be appointed 
by the Commission. 
3. The members of the Administrative Board shall be appointed for three 
years and their appointments shall be renewable. On expiry of their term 
of office, or should they resign, the members shall remain in office 
until such time as their term of office is renewed or a replacement is 
found. 
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4. The Administrative Board shall be chaired by a Commission representative. 
Each member of the Administrative Board shall have one vote. 
5. The Chairman shall call a meeting of the Administrative Board at least 
twice a year and, in addition, at the request of at least one-third of 
the members. 
6. Decisions of the Administrative Board shall be taken by a two-thirds 
majority, without prejudice to Article 4(5). 
7. The Chairman of the Administrative Board and the Director of the European 
Foundation for the Improvement of Living and Working Conditions shall 
attend meetings of the Administrative Board as observers. 
Article 9 
The Administrative Board may, with the agreement of the Commission, invite 
representatives of non-member countries and international organizations as 
observers. 
1. The Administrative Board shall adopt the Agency's annual work programme 
on the basis of a draft drawn up by the Director in agreement with the 
Commission. 
The programme may be adapted during the year using the same procedure. 
2. By 31 January each year at the latest, the Administrative Board shall 
adopt an annual general report on the Agency's activities. The Director 
shall communicate it to the European Parliament, the Council, the 
Commission, the Economic and Social Committee and the Member States. * 
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Artie!» 11 
1. The Agency shall be run by a Director appointed by the Administrative 
Board on a proposal from the Commission for a period of five years; the 
appointment shall be renewable. 
2. The Director shalI be the legal representative of the Agency and shall be 
responsible for: 
the proper preparation and implementation of the work programme and 
of decisions taken by the Administrâtive Board, 
the day-to-day administration of the Agency, 
the preparation and publication of the report referred to in Article 
10, 
the execution of the work described, 
all personnel matters, 
the preparation of Administrative Board meetings. 
3. The Director shall report on his activities to the Administrative Board. 
Article 12 
1. All the Agency's revenue and expenditure shall be covered by estimates 
for each financial year, running from 1 January to 31 December, and shall 
be shown in the Agency's budget. 
2. Revenue and expenditure shall balance. 
3. Without prejudice to other resources obtained from payments made for the 
services of the Agency, the Agency's revenue shall include a Community 
grant shown in the general budget of the European Communities. 
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The Agency's main expenditure shall include remuneration of personnel, 
administrative and infrastructure costs, operating costs and expenditure 
relating to contracts entered into with institutions or organizations in 
implementation of the work programme. 
Article 13 
1. By 31 March each year at the latest, after consulting the Administrative 
Board, the Director shall draw up a draft estimate of the Agency's 
revenue and expenditure for the following year, together with a list of 
posts. 
2. The Director shall forward the draft estimate to the Commission. On this 
basis the Commission shall decide on the estimates to be entered in the 
preliminary draft budget which it shall place before the Council, in 
accordance with Article 203 of the EEC Treaty. 
3. The Administrative Board shall adopt the Agency's budget by the start of 
the financial year in question, making any adjustments required to take 
account of the Community subsidy and the Agency's other resources. 
Article 14 
1. The Director shall implement the Agency's budget. 
2. The Commission's financial controller shall be responsible for 
supervising the authorization and payment of all the Agency's expenditure 
and the determination and collection of all its revenue. 
3. By 31 March each year at the latest, the Director shall send the 
Commission, the Administrative Board and the Court of Auditors the 
accounts of all the Agency's revenue and expenditure for the previous 
year. The Court of Auditors shall examine these accounts in accordance 
with Article 206a of the EEC Treaty. 
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4. The Administrative Board shall give a discharge to the Director in 
respect of the implementation of the budget. 
Art»Ç»s 15, 
With the agreement of the Commission, the Administrative Board shall make the 
internal financial arrangements, specifying in particular the detailed rules 
to be adopted for establishing and implementing the Agency's budget. 
Article 16 
The Protocol on the Privileges and Immunities of the European Communities 
shall apply to the Agency. 
Article 17 
1. The staff of the Agency shall be subject to the administrative rules and 
regulations applicable to the officials and other servants of the 
European Communities. 
2. With regard to its personnel, the Agency shall have the powers conferred 
upon it by the appointing authority. 
3. The Administrative Board, in agreement with the Commission, shall lay 
down appropriate rules of application. 
Article 18 
1. The Agency's contractual liability shall be governed by the law 
applicable to the contract in question. The Court of Justice of the 
European Communities shall have Jurisdiction pursuant to an arbitration 
clause contained in a contract concluded by the Agency. 
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2. In the case of non-contractual liability, the Agency shall, in accordance 
with the general principles common to the taws of the Member States, make 
good any damages caused by it or by its servants in the exercise of their 
dut ies. 
The Court of Justice shall have Jurisdiction in any disputes relating to 
compensation for such damages. 
3. The personal liability of its servants towards the Agency shall be 
governed by the provisions applicable to the Agency's personnel. 
Article 19 
This Regulation shall enter into force on the twentieth day following that 
of its publication in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in 
a 11 Member States. 
Done at Brussels, For the Council 
The President 
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FINANCIAL STATEMENT 
1. Budgetary heading 
Chapter B3-43, item 3-4311 "European Agency for Safety and Health". 
2• Classificat ion 
Non-compulsory expenditure 
Non-differentiated appropriations 
3. Legal basis 
Council Regulation of concerning the creation of a European 
Agency for Safety and Health at Work. 
4. Description and Justification of the action 
In its Resolution of 21 December 1987, the Council called on the 
Commission to promote cooperation and increase the exchange of experience 
and information in the field of safety, hygiene and health protection at 
work. The Council also asked the Commission in Its Resolution to examine 
the possibility of studying the repercussions at national level of 
Community measures taken in this field. 
The main function of such an Agency would be to provide the Community and 
the Member States with information and expertise, especially in the 
working environment, in the field of occupational safety and health, and 
to assist the Commission in the implementation of its various action 
programmes, in order to strengthen and expand the social dimension of the 
Internal Market. It should become a centre of excellence, the focal 
point in the Community for the scientific and technical aspects of health 
and safety at work. 
The specific tasks of the Agency are: 
a) to provide the Commission with the technical and scientific 
assistance necessary for the formulation and evaluation of measures 
envisaged in this field; 
b) to set up in cooperation with the Member States and to coordinate a 
network of national organizations for the purpose of exchanging 
information and experience and, where appropriate, to coordinate the 
work of these organizations at European level, particularly in the 
field of research; 
c) to promote the exchange of information and be responsible for its 
dissemination to all those concerned; 
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d) to organize training courses for experts, including instructors, and 
if necessary exchanges between experts in the different Member 
States; 
e) to help ensure that national data on safety and health at the 
workplace are comparable and to identify data which need to be 
harmonized; 
f) to promote cooperation in monitoring measures relating to safety and 
health at the workplace; 
g) to cooperate with other Community programmes, and in particular with 
the Statistical Office and the Community research programmes for the 
definition of research requirements and exploitation of research 
results, on matters relating to safety and health at the workplace; 
h) to cooperate with other international organizations such as the World 
Health Organization and the International Labour Office, and with 
other institutions or bodies in third countries; 
i) to carry out other tasks laid down by the Commission with the 
agreement of the Administrative Board . 
5. Nature of expenditure 
Contribution entered in the General Budget of the European Communities 
and paid to the Agency. " 
i 
6. Appropriation requested I 
The appropriation required for a full financial year is: v 
1. Personnel ECU 2.2 mi 11 ion \ 
2. Operation ECU 1.0 mi 11 ion * 
3. Organization and distribution ECU 2.8 mi 11 ion ^ 
ECU 6.0 mi 11 ion '* 
1. Personnel costs comprise all expenses relating to recruitment, 
remuneration, training, insurance and personnel allowances. 
The budget corresponds to 40 persons: 
A or LA grade staff .-
1 director 
9 translators 
10 research and administrative officials (data processing, 
publication, management) 
B grade 
5 assistants 
C grade 
12 secretaries 
- 24 -
D grade 
3 messengers/drivers 
2. The operating costs comprise: 
- expenses relating to buildings (possibly renting, installation) 
- documentation costs (library, data bank) 
- sundry expenditure on supplies and equipment 
3. Organization and distribution expenses comprise: 
- publication and other dissemination expenses 
- the costs of organizing meetings and seminars, etc. 
- subsidies for work carried out. 
Budgetary impact 
The Community contribution will be financed through item B3-4311. The 
Commission's financial contribution has been calculated on the basis of a 
full financial year. 
It may be re-examined according to the date of the Council Decision, the 
sum paid being based on the date on which the Institute commences work. 
The Community's financial contribution to the Agency will be determined 
by the budgetary authority during the annual budgetary procedure. 
- 25 -
Impact Statement 
on competitiveness and employment 
1 . WHAT IS THE MAIN JUSTIFICATION FOR THIS MEASURE? 
The main Justification for the proposal for a regulation is to provide 
the Commission with direct access to information and expertise, 
especially in the field of occupational safety and health, and to assist 
the Commission in the implementation of its successive action programmes 
The proposal should also assist the Commission with its contacts in the 
field of safety and health at regional, national and international level 
2. TYPES OF BUSINESSES INVOLVED 
a. Are small businesses involved? 
Insofar as businesses are involved at all, all types are affected 
equally. 
b. Is there a concentration in regions: 
i) eligible for regional aid in the Member States? 
ii) eligible for aid from the ERDF? 
No. 
3. WHAT DIRECT OBLIGATIONS ARE IMPOSED ON BUSINESSES? 
The proposal for a regulation does not impose any direct obligations on 
businesses. The aim of the Agency is to supply information for the 
Community and the Member States; it will not have any legislative 
funct ion. 
4. WHAT INDIRECT OBLIGATIONS ARE LOCAL AUTHORITIES LIKELY TO IMPOSE ON 
BUSINESSES? 
The proposal does not contain any obligations likely to be imposed 
indirectly on businesses by the local authorities. It should be noted 
that businesses will benefit from some of the measures planned, 
particularly in the field of training and information. 
5. ARE THERE ANY SPECIAL MEASURES IN RESPECT OF SMEs? 
No. 
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6. WHAT IS THE LIKELY EFFECT? 
a. on the competitiveness of businesses 
The proposal for a regulation should help to improve occupational safety 
and health in businesses by helping all those involved to become better 
informed, by coordinating work carried out by various bodies in the field 
of occupational safety and health and organizing exchanges of experience, 
by carrying out studies and research in this field, and by organizing 
training courses. The reduction in time lost as a result of accidents and 
work-related illnesses should help to make businesses more competitive 
without adversely affecting employment. 
b. on employment 
By helping to improve the level of protection provided for health and 
safety in businesses, the proposal will enable them to become more 
efficient - reducing the amount of time lost as a result of accidents and 
work-related illnesses - thereby increasing their competitiveness without 
adversely affecting employment. 
7. HAVE BOTH SIDES OF INDUSTRY BEEN CONSULTED? 
WHAT WAS THEIR OPINION? 
The social partners were consulted in the Advisory Committee on Safety, 
Hygiene and Health Protection at Work. 
The Advisory Committee came out generally in favour of the proposal at 
its meeting on 29 and 30 May 1990. 
ISSN 0254-1475 
COM(90) 564 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-91-386-EN-C 
ISBN 92-77-75634-9 
Office for Official Publications of the European Communities 
1^2985 Luxembourg