REPORT FROM THE COMMISSION 25th ANNUAL ACTIVITY REPORT OF THE ADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK 2000

TABLE OF CONTENTS

SUMMARY

1. CHARACTERISTICS OF THE COMMITTEE

1.1. Origin, competence and remit

1.2. Structure, procedure

2. ACTIVITIES IN 2000

2.1. 24th activity report of the Advisory Committee

2.2. Opinions adopted

2.2.1. Committee opinion (document No 842/1/00) on draft mandates for standardisation addressed to European standardisation organisations and figuring in documents 62/99, 69/99, 71/99, 4/2000, 5/2000 and 3/2000

2.2.2. Committee opinion, requested by the Commission, on drawing up the new social policy agenda

2.2.3. Committee opinion (document No 1950/00)on draft standardisation mandates addressed to European standardisation organisations and figuring in documents 16/2000, 18/2000, 72/99 rev. 1, 19/2000 and 4/2000 rev. 1.

2.2.4. Committee opinion (document No 3103/00) on the restructuring of committees in the field of safety, hygiene and health at work

2.2.5. Committee opinion requested by the Commission on an amendment to the "signs" Directive 92/58/EEC

2.2.6. Committee opinion on the draft work programme for the Bilbao Agency for 2001

2.3. Operational procedures

2.3.1. Work programme 2001

3. ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE

3.1. Ad hoc groups active in 2000 and continuing their activities in 2001

3.1.1. Planning

3.1.2. Standardisation

3.1.3. Occupational exposure levels

3.1.4. Multidisciplinary protective and preventive services/Medical surveillance of workers

3.1.5. Prevention of violence at work

3.1.6. Guidelines for chemical agents

3.1.7. Report on the European Agency for Safety and Health at Work

3.1.8. Musculo-skeletal disorders

3.2. Creation of ad hoc groups in 2000

3.2.1. Teleworking (document No 0905/99)

3.2.2. Occupational diseases (document No 0858/00)

3.2.3. ATEX (document No 3453/00)

3.3. Dissolution of ad hoc groups

3.3.1. Management systems

3.3.2. Asbestos

3.3.3. Restructuring of the committees

4. COOPERATION WITH OTHER BODIES

4.1. Safety and Health Commission

4.2. Senior Labour Inspectors' Committee

4.3. Scientific Committee for Occupational Exposure Limits to Chemical Agents

4.4. Social partners

4.5. Trade Union Technical Bureau

4.6. International Labour Office

4.7. European Foundation

4.8. Bilbao European Agency

ANNEX A

ANNEX B

ANNEX C

ANNEX D

SUMMARY

25th ANNUAL ACTIVITY REPORT OF THE ADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK 2000

In view of the need to establish a standing body to assist the Commission in the preparation and implementation of activities in the field of safety, hygiene and health protection at work, and to facilitate cooperation between national administrations, trade unions and employers' organisations, the Council of the European Communities, by its Decision of 27 June 1974 (74/325/EEC), set up an Advisory Committee on Safety, Hygiene and Health Protection at Work.

The Committee is a tripartite body made up of full members comprising, for each Member State, two government representatives, two representatives of trade unions and two representatives of employers' organisations. An alternate member is appointed for each full member. The full and alternate members of the Committee are appointed by the Council, which, for information purposes, publishes the list of members in the Official Journal of the European Communities. The Committee is chaired by a Member of the Commission or, where he or she is prevented from so doing, by a Commission official designated by the chairperson.

The Committee produces an annual report on its activities, which the Commission forwards to the European Parliament, the Council, the Economic and Social Committee and the Consultative Committee of the European Coal and Steel Community.

In 2000, the Committee met twice in Luxembourg. At both meetings, the Commission informed the Committee of developments with regard to all matters concerning safety, hygiene and health protection at work.

The Committee adopted the annual activity report for 1999, together with six opinions which are reviewed in section 2.2 of this report, and looked at potential subjects for its 2001 work programme.

1. CHARACTERISTICS OF THE COMMITTEE

1.1. Origin, competence and remit

In view of the need to establish a standing body to assist the Commission in the preparation and implementation of activities in the field of safety, hygiene and health protection at work, and to facilitate cooperation between national administrations, trade unions and employers' organisations, the Council of the European Communities, by its Decision of 27 June 1974 (74/325/EEC), set up an Advisory Committee on Safety, Hygiene and Health Protection at Work.

The main tasks of the Committee (Article 2(2) of the Decision) are:

a) to conduct, on the basis of information available to it, exchanges of views and experience regarding existing or planned rules and regulations;

b) to contribute towards the development of a common approach to problems encountered in the fields of safety, hygiene and health protection at work, and towards the choice of Community priorities as well as the measures necessary for implementing them;

c) to draw the Commission's attention to areas in which there is an apparent need for the acquisition of new knowledge and for the implementation of appropriate educational and research projects;

d) to define, within the framework of Community action programmes, and in cooperation with the Safety and Health Commission for the Mining and other Extractive Industries:

- the criteria and aims underpinning action to combat the risk of accidents at work and health hazards within the working environment,

- the methods whereby companies and their employees can evaluate and improve the level of protection;

e) to contribute towards keeping national administrations, trade unions and employers' organisations informed of Community measures in order to facilitate their cooperation and to encourage initiatives promoted by them with a view to exchanging experience and laying down codes of practice.

1.2. Structure, procedure

The Committee is a tripartite body made up of full members comprising, for each Member State, two government representatives, two representatives of trade unions and two representatives of employers' organisations. An alternate member is appointed for each full member. The full members and alternate members of the Committee are appointed by the Council, which publishes the list of members in the Official Journal of the European Communities, for information purposes.

The Committee is chaired by a Member of the Commission or, where he or she is prevented from so doing, by a designated Commission official.

The Committee may establish ad hoc groups under the chairmanship of a Committee member. The results of their proceedings are submitted in the form of a report at a meeting of the Committee.

The Committee produces an annual report on its activities, which the Commission forwards to the European Parliament, the Council, the Economic and Social Committee and the Consultative Committee of the European Coal and Steel Community.

Opinions of the Committee are delivered by an absolute majority of the votes validly cast. An opinion delivered by the Committee is valid when two thirds of its members are present.

The rules of procedure adopted by the Committee entered into force on 30 April 1976, following approval by the Council on the basis of a Commission opinion.

The representatives of the governments, trade unions and employers' organisations are organised in three separate interest groups, each of which appoints a spokesperson. The latter attend meetings of the interest group which appointed them and meetings of the Committee, at which they put forward the groups' views.

Liaison between the members of the government interest group is the responsibility of a Committee member who represents the government of the country holding the Presidency. Liaison between members of the employers' group is the responsibility of the Union of Industrial and Employers' Confederations of Europe (UNICE), while the European Trade Union Confederation (ETUC), a workers' trade union organisation at Community level, is responsible for coordinating the position of workers' representatives.

The Commission provides secretarial services for the Committee and the ad hoc groups. The Secretariat comes under Directorate-General EMPL (Unit D/5).

2. ACTIVITIES IN 2000

On 18 December 2000, the Council, acting on a proposal from the Member States, appointed the full members and alternate members of the Committee for the period from 18 December 2000 to 17 December 2003, with the previous term of office having run from 7 July 1997 to 6 July 2000. The two lists showing the members in 2000 are contained in Annex B.

In 2000, the Committee met on two occasions in Luxembourg, in May and December. At each meeting the Commission informed the Committee of developments with regard to all the matters concerning safety, hygiene and health protection at work.

Meetings of the interest groups representing governments, employers and workers were held on the day before the Committee meetings. Two additional meetings of the interest groups were held during the year.

Progress made by the Committee in its activities during 2000 mirrored the work undertaken by the Commission under the Community programme covering the period from 1996 to 2000.

The proposed activities and priorities were put to the Committee by the planning group, which met on three occasions.

Fifteen meetings were organised to accommodate the activities of the nine ad hoc groups set up to investigate specialised areas on which the Committee wished to give an opinion.

The Committee disbanded three groups whose work had been completed:

- Management systems

- Asbestos

- Restructuring of committees.

The Committee set up three groups for which a mandate was adopted:

- Teleworking (document No 0905/99)

- Occupational diseases (document No 0858/00)

- ATEX (document No 3453/00).

The Committee also revised the mandate of the group on "Standardisation" (document No 1175/00).

The work of the groups is summarised in section 3 of this report.

The Committee adopted the annual report for 1999 and six opinions, which are reviewed in section 2.2 of this report, and studied the subjects which could make up its programme of work for 2001.

2.1. 24th activity report of the Advisory Committee

Document 0135/1/00

The Committee adopted its 24th report, covering activities in 1999, at its 60th meeting held on 18 May 2000.

2.2. Opinions adopted

2.2.1. Committee opinion (document No 842/1/00) on draft mandates for standardisation addressed to European standardisation organisations and figuring in documents 62/99, 69/99, 71/99, 4/2000, 5/2000 and 3/2000

- Doc. 62/99 - Draft mandate to CEN/CENELEC/ETSI on the safety of consumers and children

The mandate was accepted by the Committee with the following reservation: the scope of the mandate is too broad (harmonised/non-harmonised sector).

- Doc. 69/99 - Draft mandate to CEN/CENELEC/ETSI on domestic gas ovens

The mandate was accepted. It should be made clear, however, that the term "domestic" did not exclude the use of such equipment in other environments, such as works neither, wor public canteens.

- Doc. 71/99 - Draft mandate to CEN/CENELEC/ETSI in the medical appliancesp sector

Concerning point II.B.5, the Committee drew attention to the fact that employees were having to deal with the issue of labelling, and that the labelling introduced under the present requested mandate should not be different from the labelling applied at work.

The Commission should include in the mandate thea warning that, in terms of health and safety, not only the needs of the patients but also the needs of the labourers, who staff working in the vicinity of thehealth centres, should be taken into accountalsoalso .

- Doc. 4/2000 - Draft mandate to CEN/CENELEC/ETSI in the electrotechnology, information technology and telecommunications sector

The Advisory Committee asked the Commission to suspend the mandate in order to examine an opinion in September 2000, taking into account also the suspension of the document by the "Standards and Technical Regulations" Committee.

- Doc. 5/2000 - Draft mandate to CEN/CENELEC/ETSI in the passenger lifts, hoists and cableways sector

With reference to point 2.2 of Doc. 5/2000 and CEN TC 242 N 333 of October 1999, the AHG advised the A.C. that the requirements established by an ad- hoc group regarding protection at work, which should be included in the standards, were to be submitted to the AHG and to the AC for possible comments (point 2.1 of CEN TC 242 N 333 of October 1999).

Due account should also be taken of requirements stemming from emergencies, from risks during scheduled maintenance work or repairs, and from the requisite non-destructive testing of materials, (for example, cables and bearings).

- Doc. 3/2000 - Draft mandate to CEN/CENELEC/ETSI in the industrial trucks sector

The mandate was approvccepted subject to the following points;: the draft standard was urgent, and the standard needed to give duesuitable consideration to safety and health protection.

The Committee adopted the draft opinion unanimously on 18 May 2000.

2.2.2. Committee opinion, requested by the Commission, on drawing up the new social policy agenda

Working document 631/00

Looking forward to the presentation during summer 2000 of a new communication setting out future Commission measures on employment and social policy, a debate was launched in all the committees concerned and within existing forums in order to gather the opinions of the main social policy players at Community level in terms of: 1) analysing the main aspects of the changes taking place; 2) discussing the development of methods and instruments for carrying out the new economic and social agenda; 3) proposing specific measures to be undertaken and financed at European level in the short and medium term.

In this context, the Advisory Committee expressed its opinion - at its 60th plenary meeting on 18 May 2000 - on a document submitted by the Commission as a basis for discussion: "Preparing the new social policy agenda" (document 631/00).

While regretting that the theme of health and safety at work was not mentioned specifically in the document, the Committee recommended that a separate health and safety programme be prepared, to be as precise and coherent as it was consistent, in the context of the social policy agenda or outside it.

2.2.3. Committee opinion (document No 1950/00)on draft standardisation mandates addressed to European standardisation organisations and figuring in documents 16/2000, 18/2000, 72/99 rev. 1, 19/2000 and 4/2000 rev. 1.

- Doc. 16/2000 and 18/2000 - Draft mandates to CEN in the context of Directive 98/37/EC relating to machinery, with a view to revising standards EN ISO 11681-2 "safety of chain saws for tree service" and EN 703 "safety of silage cutters"

The Committee agreed, at the level of the ad hoc group on "standardisation", to examine the two mandates jointly, given that each was the result of a safeguard clause based on Article 6 of Directive 98/37/EC.

The Committee approved the draft mandates for the construction of machinery. However, it suggested that the Commission should attach more importance to the impact which the design of such machinery may have on the conditions of use. If the Directive set out detailed conditions of use, for example in the field of training, there was a risk of clashing with the national legal requirements.

- Doc. 72/99 rev. 1 - Draft mandate to CEN/CENELEC/ETSI in the solid biofuels sector

The Committee approved the draft mandate. It recommended inserting a phrase indicating that very close attention should be paid to the possible implications for the health and safety of workers at work for all mandates relating to questions concerning the environment.

- Doc. 19/2000 - Draft mandate to CEN/CENELEC/ETSI on the fire resistance of nightwear

The Committee considered that this mandate related solely to nightwear for the general public and was therefore not within its area of competence.

- Doc. 4/2000 rev. 1 - Draft mandate to CEN/CENELEC/ETSI in the electrotechnology, information technology and telecommunications sector

For the mandate concerning the safety of electromagnetic fields generated by certain equipment, the Committee considered that a clear distinction had to be made between occupational exposure and exposure of the general public.

The Committee asked that the occupational exposure limits defined in the Council Recommendation on exposure to electromagnetic fields be taken into consideration.

The Committee adopted the draft opinion unanimously on 19 December 2000.

2.2.4. Committee opinion (document No 3103/00) on the restructuring of committees in the field of safety, hygiene and health at work

In its communication on a Community programme concerning safety, hygiene and health at work (1996-2000) [1], the Commission indicated that it was time to review the size of the structure and the mode of operation of the Committees with a view to making maximum use of the resources available, providing a more efficient input into EU health and safety policy, and preparing the ground for possible new Member States.

[1] COM(95) 282 final.

Following this reasoning, the Commission intended to propose that the decisions establishing the Committees be amended to restructure them, reduce their membership and provide them with a single secretariat. This would allow the Community's budgetary resources to be utilised more effectively.

The Advisory Committee decided on 6 May 1999 to establish the AHG "Restructuring of committees", tasked with preparing an opinion on plans to restructure the committees established to support the Commission in its measures to promote health and safety at work. The Committee entrusted this task to its "Planning" group, enlarged to include observers representing the Safety and Health Commission.

The group met on four occasions: 15 March, 28 June, 8 September and 26 October 2000, and worked on document 1246/00 provided by the Commission, in order to define what it considered to be appropriate alternatives.

Following its meeting held on 26 October 2000, the group issued a draft opinion (document 3103/00) which was submitted to the Advisory Committee at its 61st plenary meeting on 19 December 2000 and adopted together with a joint declaration by the social partners (document 3102/00) and proposals for amendments by the group of government delegates (document 3454/00), both documents figuring as annexes to the text of the opinion.

Through its opinion, the Committee wishes to provide the Commission with a general political framework within which it feels the process of modernisation should operate. In this regard, the Committee feels that the Commission should formalise this process and adopt a proposal for a decision to be submitted to the Council of Ministers which set up the Advisory Committee in 1974.

Rejecting first of all any attempt to merge the committees now working in the field of safety and health at work (the Advisory Committee, the Senior Labour Inspectors Committee, the Scientific Committee on Occupational Exposure Limits and the Safety and Health Commission) owing to their differences in composition, tasks and responsibilities, the opinion concentrates on improvements to the Advisory Committee, in order to modernise its operation and make it more effective, and to seek a harmonious link and the best possible synergy between the tripartite consultation required in the field of safety and health at work and consultation of the social partners, which the Commission is called upon to carry out in the field of social policy under Article 138 of the consolidated Treaty.

With regard to the aims and tasks of the Committee, the existence of a general tripartite consultation forum at European Union level, facilitating transparent public debate and ensuring that all concerned are involved in determining the general thrust of Community policy in the field, is in the nature of safety and health protection at work. The Committee, in a position to provide the Commission with technical and political expertise, in terms both of particular initiatives and of evaluating the impact and effectiveness of their application in the Member States, feels it should present itself as a coordination forum to help the Commission as a whole in the field. It therefore asks the Commission departments to strengthen coordination between the Directorates-General, to enable the Advisory Committee to be aware of all measures which have a direct or indirect effect on safety and health at work. It also asks the Commission departments to strengthen and formalise the mechanisms for cooperation between the bodies concerned with safety and health at work, such as the Senior Labour Inspectors Committee, the Scientific Committee for Occupational Exposure Limits and the Community agencies responsible, whilst scrupulously respecting their independence and autonomy. The Advisory Committee is satisfied with the present mechanisms for coordination with the Safety and Health Commission. These mechanisms should be formalised by agreement between the committees concerned.

As for the structure of the Committee, it is essential to formalise, strengthen and enhance the organisation in interest groups (workers, employers, and governments). This is particularly important in view of the inevitable reduction in the number of full members of the Advisory Committee as a result of the enlargement of the Union. In this context, the Advisory Committee also stresses that it is important for the European Trade Union Confederation and UNICE to coordinate the work of the interest groups of workers and employers respectively. It hopes that the government group will do likewise, by enabling the representative of the Member State holding the Union Presidency to fulfil this function. The Advisory Committee calls upon the Commission to formalise these coordination roles in its proposal to the Council. As far as the organisation of work is concerned, the Advisory Committee hopes that the Planning Group will be replaced by a Bureau, an executive body of the full Committee, consisting of spokespersons, coordinators, a person to be nominated by each interest group and representatives of the Commission departments. Its main duties would be to organise the work of the Advisory Committee and manage resources. The full Committee could also delegate additional tasks or decisions to it, in individual cases. The Advisory Committee also considers that the working groups should be made up of five experts per interest group and should be assisted by the officials responsible for the dossiers with which they are dealing. In certain cases, it could be useful to allow the full Committee to set up extended working groups, which could even include a representative of each of the three interest groups per Member State. In any case, the Advisory Committee feels that the mandates of the groups should specify their tasks clearly and precisely and, where appropriate, indicate the length of the mandate.

With regard to the operation of the Committee, and in order to improve its effectiveness, it would be worthwhile considering the possibility of adopting certain decisions or opinions by written procedure, while respecting the principle of transparency and of public and polemical debate. The Bureau could run such a procedure, and the coordinators - or spokespersons - of the interest groups would be responsible for collecting and passing on the responses or opinions of the members of their groups. The Advisory Committee's final point is that the Commission departments are not always given the resources needed to fulfil the general political ambitions for safety and health protection at work which the Commission proclaims. The Advisory Committee therefore asks the Commission to release the human and material resources necessary to enable it to fulfil its role effectively. It needs good quality working documents available in time, to simplify the preparation of opinions by helping the working groups in their tasks and reducing the number of meetings they have to hold.

2.2.5. Committee opinion requested by the Commission on an amendment to the "signs" Directive 92/58/EEC

Working document 3435/00

A survey carried out in France by AFNOR revealed a number of problems in relation to the understanding of safety signs at work.

At its 61st plenary meeting on 19 December 2000, the Commission called upon the Advisory Committee for a statement on the existence in the different Member States of difficulties similar to those described in the documentation, and on the possible amendment of Council Directive 92/58/EEC.

While pointing out the need to work more systematically on collecting data on problems with the legibility and/or comprehension of signs, the Committee did not consider the revision of Directive 92/58/EEC to be a priority.

2.2.6. Committee opinion on the draft work programme for the Bilbao Agency for 2001

As stipulated in the Regulation establishing the Bilbao Agency, the draft annual work programme for the Agency, prepared by its Director, was put before the Committee before being submitted to the Agency's Administrative Board.

The Committee meeting, originally scheduled for 22 November, had to be postponed until 19 December 2000. As the Agency had scheduled the meeting of its Administrative Board for 29 November 2000 and could not postpone it, it was agreed as an exceptional measure that the spokespersons for each interest group would forward their group's comments to the Agency, and that these comments would be made available to all members at the Committee meeting in December.

The views expressed by the interest groups at the Committee's 61st plenary meeting on 19 December 2000 in the presence of the Agency's Director may be summed up as follows:

On reading the programme for 2001, the "governments" and "employers" groups noted its ambitious nature, which did not exclude the risk of dispersion. It would be better to be acquainted with the Agency's activities and verify compliance with the task entrusted to it, and the possibilities for effectively using the results of its activities. The government delegation noted that the aim was a proposal to amend the Regulation establishing the Agency, presented by the Commission.

For its part, the "workers" group, while recognising the Agency's role as an information provider, put forward a number of criticisms, relating particularly to the fact that tripartism still played too small a role, European added value was still inadequate and the strategy for determining, identifying and supporting user groups was still too weak. The group wanted tripartism to play a greater role in the management of the Agency's projects, and felt that the Agency should have a higher profile to allow it to improve on the content of the information produced. In this context, the "workers" group hoped that the Agency could play a role in supporting the social dialogue.

2.3. Operational procedures

2.3.1. Work programme 2001

Document 1180/1/00

At the session held on 19 December 2000, the Committee adopted its work programme for 2001, extending its four-year policy programme by one year.

3. ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE

3.1. Ad hoc groups active in 2000 and continuing their activities in 2001

3.1.1. Planning

The Planning group met on three occasions in 2000 to prepare the new mandates and organise and monitor the work of the groups.

3.1.2. Standardisation

The activities of this Group are of an ongoing nature. The Committee instructs the Group to study standardisation mandates as and when they are submitted by the Commission. The Group also deals with general problems relating to health and safety at work in the context of standardisation.

In 2000, the group met twice and discussed 10 draft mandates to CEN/CENELEC/ETSI. Two draft opinions relating to the draft mandates discussed (see 0 and 2.2.3) were presented to the Advisory Committee and were adopted on 18 May and 19 December 2000 respectively.

3.1.3. Occupational exposure levels

This group is consulted on establishing priorities with regard to substances for which occupational exposure levels need to be determined. It monitors the work of the Scientific Committee on Occupational Exposure Limit Values (point 4.3) and prepares Committee opinions on Commission proposals relating to the establishment of exposure levels at work. It gives progress reports at Committee meetings.

The group met on two occasions in 2000 and drew up a draft proposal for a Commission directive establishing a second list of occupational exposure limit values in accordance with Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work. Discussions are well advanced and should be completed in 2001.

3.1.4. Multidisciplinary protective and preventive services/Medical surveillance of workers

This is an amalgamation of two previous groups, the terms of reference of which were confirmed in November 1996.

The aim of this group is to investigate the problems encountered and the experience acquired in setting up multidisciplinary protective and preventive services for employees in all sectors, industries and undertakings, public or private.

A further task of the group is to analyse how health monitoring of workers is carried out in the various Member States.

In 2000, a drafting group comprising a representative from each interest group met on two occasions and continued work on the draft opinion presented to the Advisory Committee at its 59th plenary meeting, a revision of which had been requested. A revised text was submitted to the Committee during its 60th plenary meeting on 18 May 2000. In the light of reservations expressed by all the interest groups, the text was returned to the ad hoc group.

The group will continue its work in 2001.

3.1.5. Prevention of violence at work

Created on 29 October 1997, this group met once in 2000. It is charged with preparing the Committee's opinion on the draft recommendations submitted by the Commission and on any measures which might prove necessary at European level. It appears that violence is a growing problem but hidden and underestimated, and reliable statistics are rare. The members of the group are collecting studies and good practice on this subject with a view to drawing up a draft opinion.

The group will continue its work in 2001.

3.1.6. Guidelines for chemical agents

Created on 6 May 1999, this group is charged with drawing up for the Advisory Committee an opinion concerning a guideline document on the questions referred to in Articles 3, 4, 5 and 6 and Annex II (1) of Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work.

The group did not meet in 2000.

3.1.7. Report on the European Agency for Safety and Health at Work

The group, created in May 1999, met once in 2000. It was set up to prepare an Advisory Committee opinion on the report to be drawn up by the European Commission, accompanied as appropriate by a proposal on the review of the Regulation establishing the European Agency for Safety and Health at Work.

The group will continue its work in 2001.

3.1.8. Musculo-skeletal disorders

Created on 6 May 1999, this ad hoc group is charged with drafting an opinion on possible Community action to prevent musculo-skeletal disorders at work.

The group met once in 2000. Discussions are well advanced and should be completed in 2001.

3.2. Creation of ad hoc groups in 2000

The Committee created three ad hoc groups and adopted their mandates.

3.2.1. Teleworking (document No 0905/99)

The mandate of this group, created on 18 May 2000, is to prepare a draft Advisory Committee opinion on possible Community action on health and safety questions associated with teleworking.

3.2.2. Occupational diseases (document No 0858/00)

The mandate of this group, created on 18 May 2000, is to prepare a draft Advisory Committee opinion on Commission proposals concerning the updating of the "European Schedule of Occupational Diseases" (Annex I to Commission Recommendation 90/326/EEC).

3.2.3. ATEX (document No 3453/00)

The remit of this group, established on 19 December 2000, is to assist the Commission in the preparation of a guide to good practice enabling the employer to produce the "explosion protection document" required by Article 8 of the ATEX Directive 1999/92/EC. An invitation to tender will be issued for this groundwork. To this end, the group will meet with the Commission and the contractor at the beginning of the work and on submission of the interim and final reports and will then report to the Advisory Committee. In order to monitor the work as it progresses, the group will appoint from among its members a select group of six, to be known as the "Tripartite Liaison Committee". This select group will meet as necessary and, on the basis of the clauses stipulated in the contract, may submit suggestions to the Commission to ensure satisfactory completion of the work by the contractor.

3.3. Dissolution of ad hoc groups

The Committee decided to disband three groups whose work had been completed.

3.3.1. Management systems

Established in October 1997, the task of this group was to advise and assist the Commission in the development of guidelines on occupational health and safety management systems and to give recommendations as to their application.

A draft opinion by the group on the development of occupational health and safety management systems, and draft "European guidelines on the successful organisation of safety and health protection for workers at work", were adopted at the 59th Committee meeting (27 October 1999) with some amendments to the wording introduced during the session. As the text of the final opinion (document 0510/4/99) was sent to Committee members on 13 April 2000, the group was formally disbanded on 18 May 2000.

3.3.2. Asbestos

On 6 May 1999, the Committee established the ad hoc group on asbestos with the task of preparing an opinion of the Advisory Committee on a proposal for a Council Directive amending Directive 83/477/EEC on the protection of workers from the risks related to asbestos at work.

On 9 March 2000, the Commission sent a draft proposal for amending the Directive to the members of the "Asbestos" group. Two meetings were held (22 May and 4 October 2000), resulting in a draft opinion put forward to the Advisory Committee at its 61st plenary meeting on 19 December 2000.

Following a discussion, and bearing in mind the reservations expressed by all the interest groups at the session concerning the draft, some common elements were adopted by the Commission as a basis for a general consensus with a view to finalising its draft proposal. The group was therefore disbanded on 19 December 2000.

3.3.3. Restructuring of the committees

Established in May 1999, this group met four times during 2000. As a result of its work, the group submitted a draft opinion to the Committee (point 2.2.4) on document 1246/00 drawn up by the Commission. Following adoption of this opinion by the Committee, the group was disbanded on 19 December 2000.

4. COOPERATION WITH OTHER BODIES

4.1. Safety and Health Commission

The main tasks of the Safety and Health Commission for the Mining and Other Extractive Industries (SHCMOEI) are to monitor developments in the field of safety and health in the extractive industries, to submit to the governments of the Member States practical proposals for improving safety and health protection at the workplace and to foster exchanges of useful information.

Since 1994, representatives of the SHCMOEI have attended meetings of the Committee as observers. Similarly, representatives of the Committee are invited to the plenary meetings of the SHCMOEI, with each interest group sending two observers. This process ensures more effective dissemination of information between these two bodies. Experience acquired so far shows points in common, but the impression of two separate bodies persists. The SHCMOEI is essentially a technically orientated body which deals with safety problems inherent in the extractive industries. Technical aspects constitute a key element of its work, whereas the Advisory Committee is also qualified to discuss fundamental issues of safety and health at work.

4.2. Senior Labour Inspectors' Committee

Created by Commission Decision 95/315/EC of 12 July 1995, the Senior Labour Inspectors' Committee is composed of two representatives of the labour inspection services from each Member State and is chaired by a representative of the Commission.

The Committee submits an annual report on its activities to the Commission, with particular reference to any problem relating to the enforcement or monitoring of secondary Community legislation in the field of health and safety at work. The Commission forwards the report to the Council, the European Parliament, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.

4.3. Scientific Committee for Occupational Exposure Limits to Chemical Agents

Set up in response to a request from the Council by Commission Decision 95/320/EC of 12 July 1995, this scientific committee is required to examine the health effects of chemical agents on workers at work. Its activities are monitored by the Advisory Committee and, more particularly, by the "occupational exposure levels" group in connection with the preparation of its opinions on draft proposals for directives adopting occupational exposure limits in accordance with Directive 98/24/EEC.

4.4. Social partners

A representative of the European Trade Union Confederation (ETUC) and a member of the Union of Industrial and Employers' Confederations of Europe (UNICE) are invited to attend the meetings of the Committee.

4.5. Trade Union Technical Bureau

The European Trade Union Technical Bureau for health and safety (TUTB) was set up in 1989 by the ETUC as a vehicle for keeping close track of the technical work carried out by the standardisation organisations. Backed by the European Parliament, which allocated a budget heading in 1989, the TUTB signed a multiannual agreement with the Commission in the same year. It conducts studies and supplies information tying in closely with European harmonisation and standardisation work in the field of safety and health at the workplace and with the Committee's standardisation group. A representative of the TUTB is invited to attend the Committee's meetings.

4.6. International Labour Office

A representative of the ILO is invited to meetings of the Committee.

4.7. European Foundation

A representative of the European Foundation for the Improvement of Living and Working Conditions is invited to meetings of the Committee and presents, amongst other things, the Foundation's work programme.

4.8. Bilbao European Agency

Under the Decision establishing the Agency, the Committee is consulted on its annual work programme and receives a copy of its annual report.

ANNEX A

COUNCIL DECISION

LEGAL BASIS

(Extract)

Council Decision of 27 June 1974 on the setting up of an Advisory Committee on Safety, Hygiene and Health Protection at Work (extracts):

"The Council of the European Communities (...)Whereas a standing body should be envisaged to assist the Commission in the preparation and implementation of activities in the fields of safety, hygiene and health protection at work and to facilitate cooperation between national administrations, trade unions and employers' organisations ...

HAS DECIDED AS FOLLOWS

Article 1

An Advisory Committee on Safety, Hygiene and Health Protection at Work (hereinafter called the "Committee") is hereby established.

Article 2

The Committee shall have the task of assisting the Commission in the preparation and implementation of activities in the fields of safety, hygiene and health protection at work.

Article 3

(1) The Committee shall produce an annual report on its activities.

(2) The Commission shall forward that report to the European Parliament, the Council, the Economic and Social Committee and the Consultative Committee of the European Coal and Steel Community.

Article 4

(1) The Committee shall consist of (.) full members, there being for each Member State two representatives of the Government, two representatives of trade unions and two representatives of employers' organisations.

(2) An alternate member shall be appointed for each full member. (....)

(3) Full members and alternate members of the Committee shall be appointed by the Council which, in respect of representatives of trade unions and employers' associations, shall endeavour to achieve a fair balance in the composition of the Committee between the various economic sectors concerned.

(4) The list of the full members and alternate members shall be published by the Council in the Official Journal of the European Communities for information purposes.

Article 5

The term of office of full members and alternate members shall be three years. Their appointments shall be renewable.

Article 6

(1) The Committee shall be chaired by a member of the Commission or, where such member is prevented from so doing and as an exception, by a Commission official to be nominated by him. The Chairman shall not vote.

(2) The Committee shall meet when convened by the Chairman, either at the latter's initiative or at the request of at least one-third of its members.

(3) The Committee may establish working parties under the chairmanship of a Committee member. They shall submit the results of their proceedings in the form of a report at a meeting of the Committee.

(4) Representatives of the Commission's departments concerned shall participate in meetings of the Committee and of working parties. Secretarial services shall be provided for the Committee and for working parties by the Commission.

Article 7

An opinion delivered by the Committee shall not be valid unless two-thirds of its members are present.

Article 8

The Committee shall adopt its rules of procedure, which shall enter into force after the Council, having received an opinion from the Commission, has given its approval."

ANNEX B

B1 - COMPOSITION OF THE COMMITTEE in 2000

Period 1997-2000

I. GOVERNMENT REPRESENTATIVES

a) Full members

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b) Alternate members

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II. WORKERS' REPRESENTATIVES

a) Full members

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b) Alternate members

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III. EMPLOYERS' REPRESENTATIVES

a) Full members

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b) Alternate members

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B2 - COMPOSITION OF THE COMMITTEE in 2000

Period 2000-2003

I. GOVERNMENT REPRESENTATIVES

a) Full members

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b) Alternate members

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II. WORKERS' REPRESENTATIVES

a) Full members

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b) Alternate members

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III. EMPLOYERS' REPRESENTATIVES

a) Full members

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b) Alternate members

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ANNEX C

AD HOC GROUPS 2000

PLANNING

Chairman: Mr Marc BOISNEL (G)

Vice-chairman: Mr Herman FONCK (W)

Rapporteur: Mr Torben JEPSEN (E )

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Officials responsible: E. ROTHER - Tel. 32268 - E. DELAVAL - Tel. 32781

OCCUPATIONAL EXPOSURE LEVELS

Chairman: Mr Dirk STEEN (G)

Vice-Chairman: Mr Torben JEPSEN (E)

Rapporteur: Mr Marcel WILDERS (W)

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Officials responsible: Mr A. ANGELIDIS - Tel. 33747 - Dr ARESINI - Tel: 32260

STANDARDISATION

Chairman: Mr Franco GIUSTI (E)

Vice-Chairman: Mr J. I. H. OH (G)

Rapporteur: To be appointed (W)

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Other experts:

Mr B. J. MERTENS / CENELEC

Mr André PLISSART, CEN

Mr André PIRLET, CEN

Mr Werner STERK, European Commission - DG III Brussels

Official responsible: Mr A. LOMMEL - Tel. 33871

VIOLENCE AT WORK

Chairman: Mrs Anne GIBSON (W)

Vice-Chairman: Mr Elias TSAMOUSSOPOULOS (E)

Rapporteur: Mrs Giovanna ROCCA-ERCOLI (G)

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Official responsible: Dr Alvarez - Tel. 34547

MULTIDISCIPLINARY SERVICES AND MEDICAL SURVEILLANCE

DRAFTING GROUP

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Officials responsible: Dr ALVAREZ - Tel. 34547 and Dr AresinI - Tel. 32260

ASBESTOS

Chairman: Mr Angel CARCOBA (W)

Vice-Chairman: To be appointed (G)

Rapporteur: Mr Patrick LEVY (E)

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Official responsible: Dr ARESINI - Tel. 32260

MUSCULO-SKELETal DIsorderS

Chairman: Mr Patrick LEVY (E)

Vice-Chairman: Mrs Fiona MURIE (W)

Rapporteur: Mr Malcolm DARVILL (G)

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Officials responsible: Dr ALVAREZ - Tel. 34547 - Dr ARESINI - Tel. 32260

"report ON THE European Agency for Safety and Health at Work"

Chairman: Mr Marc BOISNEL (G)

Vice-Chairman: Mr Tony BRISCOE (E)

Rapporteur: Mr Jan Toft RASMUSSEN (W)

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Official responsible: Mr E. ROTHER - Tel. 32268

Guidelines on chemical agents

Chairman: To be appointed

Vice-Chairman: To be appointed

Rapporteur: Mr LEVY (E)

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Official responsible: Mr A. ANGELIDIS- Tel. 33747

RESTRUCTURING OF COMMITTEES

Chairman: Mr Marc BOISNEL (G)

Vice-Chairman: Mr Herman FONCK (W)

Rapporteur: Mr Torben JEPSEN (E)

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Officials responsible: E. ROTHER - Tel. 32268 - A. LOMMEL - Tel. 33871

ANNEX D

TIMETABLE 2000

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