A4-0158/96

Proposal for a Council Directive on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (COM(95)0310 - C4-0508/95 - 95/0235(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 11

>Original text>

Whereas the organizational aspects of explosion protection must be adapted to the technical problems occurring at places of work so that no weaknesses arise in the explosion protection arrangements; whereas Directive 89/391/EEC requires the employer to be in possession of an assessment of the risks to workers' safety and health at work; whereas this requirement is to be regarded as being amplified by the present Directive in that it provides that the employer shall draw up an explosion protection document and keep it up to date; whereas this explosion protection document may be part of the assessment of the risks to safety and health at work required by Article 9(1)(a) of Directive 89/391/EEC; whereas the explosion protection document must contain the necessary measures for the safety and health protection of workers potentially at risk from explosive atmospheres;

>Text following EP vote>

Whereas the organizational aspects of explosion protection must be adapted to the technical problems occurring at places of work so that no weaknesses arise in the explosion protection arrangements; whereas Directive 89/391/EEC requires the employer to be in possession of an assessment of the risks to workers' safety and health at work; whereas this requirement is to be regarded as being amplified by the present Directive in that it provides that the employer shall draw up an explosion protection document or set of documents which satisfy the minimum requirements laid out in this Directive and keep them up to date, whereas the explosion protection document(s) may be part of the assessment of the risks to safety and health at work required by Article 9(1)(a) of Dircetive 89/391/EEC; whereas the explosion protection document(s) must contain the necessary measures for the safety and health protection of workers potentially at risk from explosive atmospheres;

(Amendment 2)

Article 3

>Original text>

With a view to preventing and providing protection against explosions, the employer shall take technical and/or organizational measures appropriate to the nature of the operation, in accordance with the following basic principles, in order to:

>Text following EP vote>

With a view to preventing, within the meaning of Article 6(2) of Directive 89/391/EEC, and providing protection against explosions, the employer shall take technical and/or organizational measures appropriate to the nature of the operation, in accordance with the following basic principles:

>Original text>

- prevent the formation of explosive atmospheres,

>Text following EP vote>

- the prevention of the formation of explosive atmospheres,

>Original text>

- prevent the ignition of explosive atmospheres,

>Text following EP vote>

- the prevention of the ignition of explosive atmospheres,

>Original text>

- reduce the effects of an explosion in such a way that workers are not at risk.

>Text following EP vote>

- the reduction of the effects of an explosion in such a way that workers are not at risk.

>Text following EP vote>

The requisite protection for workers can be provided only by taking measures to respect each of the above basic principles.

(Amendment 3)

Article 4(1), second indent

>Original text>

- responsible supervision is ensured during the presence of workers in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of workers,

>Text following EP vote>

- appropriate supervision of workers is ensured, including by use of instruments and modern technical means as well as by training and education, in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of workers.

>Text following EP vote>

Without prejudice to paragraph 4, where workers from several undertakings are present at the same workplace, each employer shall ensure appropriate supervision of its workers or may designate one of the employers as overall supervisor;

(Amendment 4)

Article 4(3), first subparagraph

>Original text>

3. Following an appropriate health and safety policy, the employer shall ensure that a health and safety plan for explosion protection measures, hereinafter referred to as the 'explosion protection document', satisfying the pertinent requirements of Articles 6, 9 and 10 of Directive 89/391/EEC is drawn up and kept up to date.

>Text following EP vote>

3. Following an appropriate health and safety policy, the employer shall draw up, and keep up to date, a health and safety plan for explosion protection measures, hereinafter referred to as the 'explosion document', which may be a document or set of documents, satisfying the pertinent requirements of Articles 6, 9 and 10 of Directive 89/391/EEC.

(Amendment 5)

Article 4(4), first subparagraph

>Original text>

4. Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control.

>Text following EP vote>

4. Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters coming under his control.

(Amendment 6)

Article 9(3)

>Original text>

3. Workplaces which contain places where explosive atmospheres may occur and which are used for the first time after entry into force of this Directive shall comply with its minimum requirements.

>Text following EP vote>

3. Without prejudice to paragraph 1, workplaces which contain places where explosive atmospheres may occur and which are used for the first time after entry into force of this Directive shall comply with its minimum requirements.

(Amendment 7)

Article 9(4)

>Original text>

4. Where work equipment and workplaces which contain places where explosive atmospheres may occur are already in use before entry into force of this Directive, they shall comply with its minimum requirements no later than three years after its entry into force.

>Text following EP vote>

4. Where workplaces which contain places where explosive atmospheres may occur are already in use before entry into force of this Directive, they shall comply with the minimum requirements of Article 4 no later than three years after its entry into force.

(Amendment 8)

Article 11

>Original text>

A vademecum shall be drawn up in agreement with the Council, describing some possible ways of complying with the minimum requirements contained in this Directive. Modifications and supplements to the vademecum shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.

>Text following EP vote>

A vademecum shall be drawn up in agreement with the Council, setting out guidelines for some possible ways of complying with the minimum requirements contained in this Directive.

(Amendment 14)

Article 11a (new)

>Text following EP vote>

Article 11a

Member States shall ensure that measures are taken to inform undertakings likely to be affected by the Directive, particulary small and medium-sized enterprises, of the provisions of the Directive. In this context Member States shall also ensure that the vademecum drawn up pursuant to Article 11 is widely distributed.

(Amendment 9)

Article 12(1), first subparagraph

>Original text>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1997. They shall forthwith inform the Commission thereof.

>Text following EP vote>

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than 24 months after adoption and publication in the Official Journal. They shall forthwith inform the Commission thereof.

(Amendment 10)

Annex I(3), first subparagraph

>Original text>

Hazardous places shall be classified in terms of zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere and the assessment of the anticipated effects.

>Text following EP vote>

Hazardous places shall be classified in terms of zones, in accordance with Annex II(A)(2), on the basis of the frequency and duration of the occurrence of an explosive atmosphere and the assessment of the anticipated effects.

(Amendment 11)

Annex I 'Zones¨

>Original text>

Zone 0

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.

>Text following EP vote>

Zone 0

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.

>Original text>

Zone 1

>Text following EP vote>

Zone 1

>Original text>

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is likely to occur occasionally.

>Text following EP vote>

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is likely to occur occasionally in normal operation .

>Original text>

Zone 2

>Text following EP vote>

Zone 2

>Original text>

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to occur or, if it does occur, will persist for a short period only.

>Text following EP vote>

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to occur in normal operation or, if it does occur, will persist for a short period only.

>Original text>

Zone 20

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is present continuously, for long periods or frequently and in which deposits of combustible dust of unknown or excessive thickness may be formed. (Dust deposits alone are not grounds for classification as Zone 20).

>Text following EP vote>

Zone 20

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is present continuously, for long periods or frequently and in which deposits of combustible dust of unknown or excessive thickness may be formed. (Dust deposits alone are not grounds for classification as Zone 20).

>Original text>

Zone 21

>Text following EP vote>

Zone 21

>Original text>

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air can occasionally occur and in which deposits of layers of combustible dust can generally be present.

>Text following EP vote>

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air can occasionally occur in normal operation and in which deposits of layers of combustible dust can generally be present.

>Original text>

Zone 22

>Text following EP vote>

Zone 22

>Original text>

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur or in which accumulations or layers of combustible dust are present.

>Text following EP vote>

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur in normal operation or in which accumulations or layers of combustible dust are present.

(Amendment 12)

Annex II(A), (1.3)

>Original text>

1.3. Regular review of safety and health measures

>Text following EP vote>

1.3. Regular review of safety and health measures

>Original text>

The employer shall ensure that the measures taken to protect the safety and health of the workers are reviewed regularly, at least once per year, to ensure compliance with this Directive.

>Text following EP vote>

The employer shall ensure that the measures taken to protect the safety and health of the workers are reviewed regularly, at least once per year, and constantly monitored under the supervision of a responsible person, to ensure compliance with this Directive.

(Amendment 13)

Annex II(A), (4.15), first subparagraph

>Original text>

4.15. Such checks shall be carried out by persons who possess particular expertise in the field of explosion protection as a result of their professional training, experience and current job.

>Text following EP vote>

4.15. Such checks shall be carried out by persons competent in the field of explosion protection as a result of their professional training, experience and current job.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (COM(95)0310 - C4-0508/95 - 95/0235(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0310 - 95/0235(SYN) ((OJ C 332, 9.12.1995, p. 10.)),

- having been consulted by the Council pursuant to Articles 189c and 118a of the EC Treaty (C4-0508/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Social Affairs and Employment and the opinion of the Committee on Budgets (A4-0158/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty.

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.