A4-0260/95

Decision on the common position established by the Council with a view to the adoption of a Council Directive amending Directive 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (C4-0371/95 - 94/0077(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0371/95 - 94/0077(SYN),

- having regard to its opinion at first reading ((OJ C 56, 6.3.1995, p. 165.)) on the Commission proposal to the Council, COM(94)0056 ((OJ C 104, 12.4.1994, p. 4.)),

- having regard to the modified Commission proposal, COM(95)0311 ((OJ C 246, 22.9.1995, p. 3.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Social Affairs and Employment (A4-0260/95),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

Common position of the Council Amendments by Parliament

(Amendment 1)

Recital 2

>Original text>

Whereas, pursuant to the said Article, such Directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;

>Text following EP vote>

Whereas, pursuant to the said Article, such Directives, while fully ensuring the health and safety of workers, must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;

(Amendment 3)

Recital 7

>Original text>

Whereas this Directive must confine itself to defining the objectives to be achieved and the principles to be respected leaving Member States free to decide how national legislation will be complied with and improved upon;

>Text following EP vote>

Whereas the objective of this Directive is to define the minimum health and safety requirements, leaving Member States free to decide how national legislation will be complied with and improved upon;

(Amendment 5)

ARTICLE 1(1)(c)

Article 4(3) (Directive 89/655/EEC)

>Original text>

3. Member States shall, after consultation with both sides of industry, and with due allowance for national legislation and/or practice, establish procedures whereby a level of safety may be attained corresponding to the objectives indicated by the provisions of Annex II.

>Text following EP vote>

3. Member States shall, after consultation with both sides of industry, and with due allowance for national legislation and/or practice, establish procedures to be applied by the employers in order to attain a level of safety corresponding to the objectives laid down in the provisions of Annex II.

(Amendment 9)

ARTICLE 1(4)

Article 6(2), last sentence (new) (Directive 89/655/EEC)

>Original text>

Workers must be made aware of dangers relevant to them, work equipment present in the work area or site, and any changes affecting them, inasmuch as they affect work equipment situated in their immediate work area or site, even if they do not use such equipment directly.

>Text following EP vote>

In so far as they could be affected, workers must be made aware of relevant dangers arising from work equipment present in the work area or site even if they do not use such work equipment directly.

(Amendment 14)

ANNEX I(3)

Annex (3.2.3), introduction (Directive 89/355/EEC)

>Original text>

3. 2.3. Permanently installed work equipment must be installed in such a way as to reduce the risk of the load:

>Text following EP vote>

3. 2.3. Work equipment must be installed in such a way as to reduce the risk of the load:

(Amendment 19)

ANNEX II(1.1)

>Original text>

1.1. Work equipment must be installed, located and used in such a way as to reduce risks to users of the work equipment and for other workers, for example by ensuring that there is sufficient space between the moving parts of work equipment and fixed or moving parts in its environment and that all forms of energy and substances used or produced can be supplied and/or removed in a safe manner.

>Text following EP vote>

1.1. Work equipment must be installed, located and used in such a way that there is sufficient clearance between the moving parts of work equipment and fixed or moving parts in its environment and that all forms of energy and substances used or produced can be supplied and/or removed in a safe manner.

(Amendment 23)

ANNEX II(2.2)

>Original text>

2.2. If work equipment is moving around in a work area, appropriate traffic rules must be drawn up and followed.

>Text following EP vote>

2.2. If two or more items of work equipment are moving around in a common work area, appropriate traffic rules must be drawn up and followed.

(Amendment 25)

ANNEX II(2.5a) (new)

>Text following EP vote>

Restore ANNEX II(2.6 - 2.9) of Commission's original proposal.

(Amendment 27)

ANNEX II(3.1.2), second subparagraph

>Original text>

Without prejudice to Article 5 of Directive 89/391/EEC, exceptionally, work equipment which is not specifically designed for the purpose of lifting persons may be used to this effect, provided appropriate action has been taken to ensure safety in accordance with national legislation and/or practice laying down appropriate supervision.

>Text following EP vote>

Without prejudice to Article 5 of Directive 89/391/EEC, exceptionally and provided that there is national legislation and/or practice laying down appropriate supervision to ensure safety, work equipment which is not specifically designed for the purpose of lifting persons may be used to this effect.

(Amendment 30)

ANNEX II(3.2.6a) (new)

>Text following EP vote>

3. 2.6a. Work equipment designed for lifting non-guided loads, including the gripping devices, accessories and support structure, must be kept under surveillance during work so as to detect any defects. Should any such defects jeopardizing the safety of operation be detected, work must be stopped immediately and the necessary steps taken to ensure that the equipment no longer constitutes a hazard.