9. 11. 90 Official Journal of the European Communities No C 281/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive concerning the protection at work of pregnant women or 
women who have recently given birth 
COM(90) 406 final — SYN 303 
(Submitted by the Commission on 18 September 1990) 
(90/C 281/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 118a 
thereof, 
Having regard to the proposal from the Commission, 
drawn up after consultation with the Advisory 
Committee on Safety, Hygiene and Health Protection at 
Work, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 118a of the Treaty provides that the 
Council shall adopt, by means of directives, minimum 
requirements for encouraging improvements, especially 
in the working environment, to ensure a better level of 
protection of the safety and health of workers; 
Whereas this Directive does not justify any reduction in 
levels of protection already achieved in individual 
Member States, the Member State being committed, 
under the Treaty, to encouraging improvements in 
conditions in this area and to harmonizing conditions 
while maintaining the improvements made; 
Whereas, under the terms of that Article, those directives 
are to avoid imposing administrative, financial and legal 
constraints in a way which would hold back the creation 
and development of small and medium-sized under­
takings; 
Whereas, pursuant to Council Decision 74/325/EEC (*), 
as last amended by the Act of Accession of Spain and 
Portugal, the Advisory Committee on Safety, Hygiene 
and Health Protection at Work is consulted by the 
Commission on the drafting of proposals in this field; Whereas 11 Heads of State or Government of the 
Member States of the European Community, meeting in 
Strasbourg on 9 December 1989, adopted the 
Community charter of basic social rights for workers; 
Whereas paragraph 19 of this charter lays down that 
'every worker must enjoy satisfactory health and safety 
conditions in his or her working environment' and that 
'appropriate measures must be taken with a view to 
achieving further harmonization of conditions in this 
area while maintaining the improvements made'; 
Whereas the Commission, in its action programme for 
the implementation of the Community charter of basic 
social rights for workers, has included among its aims 
the adoption by the Council of a Directive on the 
protection of pregnant women at work; 
Whereas Council Directive 89/391/EEC of 12 June 
1989 on the introduction of measures to encourage 
improvements in the safety and health of workers at 
work (2) provides, in Article 15, that particularly sensitive 
risk groups, including pregnant women, must be 
protected against the dangers which specifically affect 
them; 
Whereas women who are pregnant or have recently 
given birth must be considered a specific risk group in 
many respects, and measures must be taken with regard 
to their health and safety; 
Whereas the fatigue associated with the condition of 
pregnant women and those who have recently given birth 
makes it necessary for them to be granted a period of 
leave from work, and they should therefore be allowed 
to stop work for such a period; 
(') OJ No L 185, 9. 7. 1974, p. 15. (2) OJ No L 183, 29. 6. 1989, p. 1. 
No C 281/4 Official Journal of the European Communities 9. 11. 90 
Whereas the ergonomic difficulties faced at the 
workplace by women workers in late pregnancy and 
their particular needs arising from their condition are 
such that arrangements should be made for them to be 
removed from such workplace for a suitable period prior 
to giving birth; 
Whereas the delicate condition of women workers 
immediately after giving birth renders them vulnerable to 
risks at the workplace and, as preventive measures may 
be insufficient to guarantee their health and safety in 
such a case, they should be removed from the workplace 
for a suitable period after giving birth; 
Whereas the purpose of the period of leave from work 
— namely the protection of the health of pregnant 
women or women who have recently given birth — 
would not be achieved unless accompanied by the main­
tenance of rights, without which, some of these women 
would be forced to give up most of their period of leave 
in order not to lose their remuneration; consequently 
maintenance of employment and income rights should be 
guaranteed during the period; 
Whereas the objective of this Directive is to protect the 
health of the pregnant worker within her working envi­
ronment, and it is necessary therefore to take account of 
the working relations between the potential beneficiary 
and her employer; whereas, furthermore, it is advisable 
to leave to the Member States the faculty of subjecting 
the eligibility regarding the maintenance of the 
remuneration or the payment of the allowance to the 
existence of a working relationship since the beginning 
of the pregnancy or, by extension, to the pregnant 
workers who, at the beginning of their pregnancy, were 
registered as unemployed; 
Whereas the provisions of this Directive regarding the 
compulsory rest period before the presumed date of birth 
(and after the birth) would have no effect if this rest 
period were not to be accompanied by the maintenance 
of pay or the payment of an equivalent allowance; 
whereas, in consequence, the eligibility period referred to 
above does not apply to the compulsory rest period and 
it is necessary that the Member States take all the appro­
priate measures to that effect. 
Whereas the risk of dismissal for reasons associated with 
their condition may have harmful effects on the physical 
and mental state of women who are pregnant or have 
recently given birth; whereas, consequently, it is 
necessary to prohibit the dismissal of pregnant workers 
or these who have recently given birth for reasons asso­
ciated with their condition; Whereas, in order to determine the appropriate measures 
to protect the health and safety of pregnant workers, the 
Member States should, in accordance with Article 6 of 
Council Directive 89/391/EEC, take all measures to 
ensure that a prior evaluation of the risks particularly 
affecting these workers is carried out; whereas it is in the 
interest of all that the results of this evaluation are 
communicated to the social partners; 
Whereas some types of activities and some working 
conditions may damage the health of pregnant and 
breastfeeding workers; whereas, consequently, it is 
necessary to ensure these workers and adequate 
adjustment of their working conditions and working 
hours; 
Whereas, in addition, nightwork may be harmful to the 
physical and mental health of pregnant workers under­
taking work which has particular risks or significant 
physical or mental stress and alternative provisions 
should be made to avoid these risks; 
Whereas, in addition, the exposure of pregnant workers 
to certain physical, chemical or biological agents and 
processes may impair the health of pregnant and breast­
feeding workers; whereas in consequence work practices 
exposing or likely to expose pregnant and breastfeeding 
workers to these agents and processes should be banned; 
Whereas measures regarding the protection of the health 
of pregnant workers and/or workers having given birth 
should not have an unfair effect on the position of 
women on the labour market; whereas in this 
perspective, this Directive is to be without prejudice to 
the provisions of the Council Directives concerning equal 
treatment for men and women, 
HAS ADOPTED THIS DIRECTIVE: 
SECTION I 
Scope and definition 
Article 1 
The purpose of this Directive, which is an individual 
Directive within the meaning of Article 16 (1) of 
Directive 89/391/EEC, is to implement measures to 
encourage improvements in the safety and health of 
pregnant workers and women workers who have 
recently given birth. 
9. 11. 90 Official Journal of the European Communities No C 281/5 
Article 2 
For the purposes of this Directive 'pregnant workers' and 
'women workers who have recently given birth' shall 
refer to pregnant workers and those who have recently 
given birth who inform their employer of their condition, 
either in person or through a medical practitioner or 
other competent medical authority, in accordance with 
legal provisions or national practices. 
SECTION II 
Working conditions 
Article 3 
1. Without prejudice to the arrangements laid down 
in Article 6 of Directive 89/391 /EEC, Member States 
shall take all necessary steps to ensure that pregnant 
workers are protected against the risks arising 
particularly at work. To this end, Member States shall 
ensure that the relevant health and safety authorities 
carry out an evaluation of the impact on pregnancy of 
the activities in which these women are engaged, in 
respect of the nature and degree of exposure to any 
chemical, physical or biological agent, and also in respect 
of posture, movements and mental and physical fatigue 
related to their work. These evaluations shall be 
communicated to employers and workers so as to 
increase awareness of possible risks. 
2. Member States shall take measures to ensure, when 
the type of activity of pregnant and breastfeeding 
workers may endanger their health and safety, that their 
working conditions and/or working hours are adapted, 
and, if necessary, allow a change to alternative duties. 
The maintenance of pay and employment rights is 
assured in this case. 
3. Member States shall take measures to ensure that 
an alternative to night work is available to women 
workers who would otherwise be called upon to perform 
such work: 
(a) before and after childbirth, for a period of a least 16 
weeks of which at least eight weeks shall be before 
the expected date of childbirth; (b) for additional periods in respect of which a medical 
certificate is produced stating that it is necessary for 
the health of the mother or child: 
(i) during pregnancy; 
(ii) during a specified time beyond the period after 
childbirth fixed pursuant to subparagraph (a), 
the length of which shall be determined by the 
competent authority after consulting the most 
representative organizations of employers and 
workers. 
(4) The measures referred to in paragraph 3 may 
include transfer to day work where this is possible, the 
provision of social security benefits or an extension of 
maternity leave. Employment rights shall be maintained 
in this case. 
Article 4 
1. Member States shall take the necessary measures to 
ensure that pregnant workers are not engaged in acti­
vities during which they are actually or potentially 
exposed to the agents or processes listed in Annex I. 
Under no circumstances shall pregnant workers be 
exposed to potential concentrations in excess of the 
occupational exposure limits for other agents. 
2. The Member States shall take the necessary 
measures to ensure that breastfeeding workers are not 
engaged in activities during which they are actually or 
potentially exposed to the agents and processes listed in 
Annex II. 
3. Where a transfer to another activity is not tech­
nically or objectively possible, the workers concerned 
shall be granted paid leave from work for the period 
judged necessary for the protection of their health. 
Employment rights shall be maintained during this 
period. 
SECTION III 
Leave arrangements, duration of work and employment 
rights 
Article 5 
1. Member States shall take the necessary measures to 
ensure that the women referred to in Article 2 are 
granted an uninterrupted period of at least 14 weeks 
leave from work on full pay and/or a corresponding 
allowance, commencing before and ending after delivery. 
The time at which this period of leave commences shall 
No C 281/6 Official Journal of the European Communities 9. 11.90 
be decided by the beneficiary, in accordance with 
national practice and legislation. 
In the eventuality of periods of sickness occurring during 
this leave from work, these periods shall not be taken 
into account as part of the 14 weeks. They will be dealt 
with under the scheme applicable in case of sickness. 
2. Member States have the faculty to grant a period of 
leave longer than 14 weeks, not on full pay, as long as 
an equivalent standard of protection is assured. In this 
case, the pay and/or the corresponding allowance for 
the entire period of rest shall not be less than 80 % of 
the salary of the beneficiaries, and if need be, within a 
ceiling defined by national regulation; 
3. Member States shall take the necessary measures to 
ensure that pregnant workers shall be granted an obli­
gatory period of paid leave covering a period of not less 
than two weeks before the presumed date of delivery. 
4. Member States have the faculty to subject the right 
regarding the payment of the remuneration and/or 
allowance as defined in paragraph 1 to the condition that 
the benefiting workers have worked or are registered as 
unemployed since at least the beginning of the pregnancy 
with the exclusion, in so far as this faculty is concerned, 
of the compulsory rest period defined above in 
paragraph 3. 
5. Member States shall take the necessary measures to 
the effect that pregnant workers benefit from a leave 
without loss of pay when attending medical examination 
before birth, in case such examinations can take place 
during working hours only. 
Article 6 
1. There shall be no diminution of employment rights 
during the entire period of leave referred to in Article 5 
2. Member States shall take the necessary measures to 
prohibit the dismissal of the women referred to in Article 
2 for reasons connected with their condition during the 
period starting at the beginning of their pregnancy until 
the end of the period of leave as defined above in Article 
5 (1). SECTION IV 
Final provisions 
Article 7 
In case of a dispute connected with the implementation 
of this Directive, and arising within the period of 
protection laid down by the latter, Member States shall 
make sure that the rules of procedure take into account 
the specific situation of the workers concerned, notably 
as regard the burden of proof. 
Article 8 
Strictly technical amendments to the Annexes as a result 
of technical progress, changes in international regu­
lations or specifications and knowledge with regard to 
the area covered by this Directive, shall be adopted in 
accordance with the procedure laid down in Article 17 of 
Directive 89/391/EEC. 
Article 9 
1. Member States shall comply with this Directive by 
31 December 1992 by bringing into force the laws, regu­
lations and administrative provisions necessary, or shall 
ensure that the social partners bring such provisions into 
force by joint agreement; the Member States shall not 
thereby be relieved of the obligation to ensure that the 
aims of this Directive are achieved. They shall forthwith 
inform the Commission thereof. 
When Member States adopt these provisions, these shall 
contain a reference to this Directive or shall be accom­
panied by such a reference at the time of their official 
publication. The procedure for such reference shall be 
adopted by Member States. 
2. Member States shall communicate to the 
Commission the text of the national provisions which 
they have already adopted or are in the course of 
adopting in the field covered by this Directive. 
Article 10 
This Directive is addressed to the Member States. 
9. 11. 90 Official Journal of the European Communities NoC 281/7 
ANNEX I 
LIST OF AGENTS REFERRED TO IN ARTICLE 4 (1) 
1. Agents 
(a) Physical agents 
Work causing or liable to cause movements harmful to the embryo or foetus. Work causing or liable 
to cause an exposure of the body to pressures higher than that of the atmosphere. 
(b) Biological agents 
Biological agents of Groups III and IV within the meaning of Article ... of Directive 90/000/EEC 
and the following biological agents, except when women are proved to be adequately protected 
against such agents by immunization: 
— toxoplasma, 
— rubella virus, 
— chicken pox virus, 
— listeria, 
— neisseria gonorrhoea, 
— cytomegalovirus, 
— treponema pallidum, 
— myxovirus and paramyxovirus, 
— enterovirus (Echo-Coxsackie), 
— Epstein-Barr-virus. 
(c) Chemical agents: 
The following chemical agents: 
— substances labelled R40, R45, R46 and R47 under Directive 67/548/EEC (labelling of chemical 
substances), 
— chemical agents in Annex I to Directive 90/394/EEC, on the protection of workers from the 
risks related to exposure to carcinogens at work, 
— thiophosphoric esters, 
— mercury, 
— nitro derivatives and chlorite derivatives of benzene hydrocarbons, 
— asbestos, 
— antimitotic drugs. 
2. Processes 
Pregnant women must not be exposed to the industrial processes listed in Annex I to Directive 
90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work. 
No C 281/8 Official Journal of the European Communities 9. 11. 90 
ANNEX II 
LIST OF AGENTS AND PROCESSES REFERRED TO IN ARTICLE 4 (2) (nursing women) 
1. Agents 
(a) Physical agents: 
— work in a hyperbaric atmosphere (pressurized enclosures and underwater diving), 
— underground work (mines). 
(b) Biological agents: 
Biological agents of Groups III and IV within the meaning of Article ... of Directive 90/. . ./EEC 
and the following biological agents except when women are proved to be adequately protected 
against such agents by immunization: 
— myxovirus and paramyxovirus. 
— enterovirus (Echo-Coxsackie). 
(c) Chemical agents: 
The following chemical agents: 
— substances labelled R40 or R45 under Directive 67/548/EEC (labelling of chemical substances), 
— the chemical agents listed in Annex I to Directive 90/394/EEC on the protection of workers 
from the risks related to exposure to carcinogens at work, 
— lead and/or compounds, 
— mecury and/or mecury compounds, 
— antimitotic drugs, 
— solvents containing chlorine, 
— carbon disulphide, 
— benzene and/or benzene derivatives, 
— organochlorine pesticides, 
— PCB, 
— chemical agents of known (French: 'formelle') and dangerous percutaneous absorption. 
2. Processes 
Nursing women must not be exposed to the industrial processes listed in Annex I to Directive 
90/394/EEC on the protection of workers from the risks related to exposure to carcinogens at work.