Amendment 13
Article9a (new)
Article9aPublic administration
Member States shall examine in cooperation with the social
partners appropriate ways to implement the principles laiddown in this Directive in public administrations.
Amendment 15
Article10
Article10 DeletedTransitional provisions
NotwithstandingArticle3, a Member State in which there is,
at the date of entry into force of this Directive, no general,permanent and statutory system of information and consul-tation of employees, nor a general, permanent and statutorysystem of employee representation at the workplace allowingemployees to be represented for that purpose, may limit theapplication of the national provisions implementingthisDirective to:
(a) undertakings employing at least 150 employees or estab-
lishments employingat least 100 employees until … (
*),
and
(b) undertakings employing at least 100 employees or estab-
lishments employingat least 50 employees duringthetwo years followingthe date in point (a).
(*) Five years after the entry into force of this Directive.
11. Exposure of workers to risks arising from physical agents ***II
A5-0320/2001
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on the minimum health and safety requirements regardingthe exposure of workers to the risks arising from physical agents (vibration) (16th individualDirective within the meaning of Article 16(1) of Directive 89/391/EEC) (7914/1/2001 Rev. 1 Rdash
C5-0293/2001 Rdash 1992/0449(COD))
(Codecision procedure: second reading)
The European Parliament,
Idash having regard to the Council common position (7914/1/2001 Rev.1 Idash C5-0293/2001),
Idash having regard to its position at first reading(
1) on the Commission proposal to Parliament and the
Council (COM(1992)560)(2),
(1) OJ C 128, 9.5.1994, p. 146.
(2) OJ C 77, 18.3.1993, p. 12.C112E/122 EN 9.5.2002 Official Journal of the European Communities
Tuesday 23 October 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Idash having regard to the Commission’s amended proposal (COM(1994)284)(1),
Idash having regard to Article251(2) of the EC Treaty,Idash having regard to Rule 80of its Rules of Procedure,Idash having regard to the recommendation for second reading of the Committee on Employment and
Social Affairs (A5-0320/2001),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 3
(3) As a first step, it is considered appropriate to introduce
measures protecting workers from the risks arising fromvibrations owing to their effects on the health and safety ofworkers, in particular muscular/bone structure, neurologicaland vascular disorders. These measures are intended not onlyto ensure the health and safety of each worker on an individualbasis, but also to create a minimum basis of protection for allCommunity workers in order to avoid possible distortions ofcompetition.(3) As a first step, it is considered necessary to introduce
measures protecting workers from the risks arising fromvibrations owing to their effects on the health and safety ofworkers, in particular muscular/bone structure, neurologicaland vascular disorders. These measures are intended not onlyto ensure the health and safety of each worker on an individualbasis, but also to create a minimum basis of protection for allCommunity workers in order to avoid possible distortions ofcompetition. It is necessary to adopt as soon as possible direc-
tives on the other physical agents (noise, optical radiationand electromagnetic fields and waves) not covered by thisDirective.
Amendment 2
Article3, paragraph2, subparagraph1, points (a) and (b)
(a) the daily exposure limit value standardised to an eight-
hour reference period shall be 1,15 m/s
2or, at the choice
of the Member State concerned, a vibration dose value of21 m/s
1,75,(a) the daily exposure limit value standardised to an eight-
hour reference period shall be 0,8 m/s2or, at the choice
of the Member State concerned, a vibration dose value of14,6 m/s
1,75,
(b) the daily exposure action value standardised to an eight-
hour reference period shall be 0,6 m/s2or, at the choice
of the Member State concerned, a vibration dose value of11 m/s
1,75.(b) the daily exposure action value standardised to an eight-
hour reference period shall be 0,5 m/s2or, at the choice
of the Member State concerned, a vibration dose value of8,5 m/s
1,75.
Amendment 3
Article5, paragraph2, point (c)
(c) the provision of auxiliary equipment that reduces the risk
of injuries caused by vibration, such as seats that effec-
tively reduce whole-body vibration;(c) the provision of auxiliary equipment that reduces the risk
of injuries caused by vibration, such as seats that effec-
tively reduce whole-body vibration and equipment fitted
with vibration-reducinghandles ;
(1) OJ C 230, 19.8.1994, p. 3.9.5.2002 EN C112E/123 Official Journal of the European Communities
Tuesday 23 October 2001
Amendment 4
Article8, paragraph3, point (aa) (new)
(aa) the employer shall be informed of any significant find-
ings from the health surveillance;
Amendment 5
Article9
With regard to implementation of the obligations laid down in
Article5(3), Member States shall be entitled to make use of amaximum transitional period of six years from … (
*) where
work equipment is used which was given to workersbefore … (
**) and which does not permit the exposure limit
values to be respected, taking into account the latest technicaladvances and/or the organisational measures taken.1.With regard to implementation of the obligations laid
down in Article5(3), Member States shall be entitled to makeuse of a maximum transitional period of five years from … (
*)
where work equipment is used which was given to workersbefore … (
**) and which does not permit the exposure limit
values to be respected, taking into account the latest technicaladvances and/or the organisational measures taken.
With regard to equipment used in the agriculture and forestry
sectors, Member States shall be entitled to extend the maxi-mum transitional period by up to 3 years.With regard to equipment used in the agriculture and forestry
sectors, Member States shall be entitled to extend the maxi-mum transitional period by up to 3 years.
2. The derogations referred to in paragraph1 shall be
granted by Member States following consultation with thesocial partners in accordance with national law and practice.
(*)Three years after the entry into force of this Directive.
(**)Six years after the entry into force of this Directive.(*)Two years after the entry into force of this Directive.
(**)Three years after the entry into force of this Directive.
Amendment 11
Article10, paragraph1
1. In compliance with the general principles of health and
safety protection for workers, Member States may, in the caseof sea and air transport, derogate from Article5(3) in duly jus-tified circumstances with respect to whole-body vibrationwhere, given the state of the art and the specific characteristicsof workplaces, it is not possible to comply with the exposure
limit value despite the technical and/or organisation measures
taken.1. In compliance with the general principles of health and
safety protection for workers, Member States may, in the caseof sea and air transport, agriculture and forestry, derogate
from Article5(3) in duly justified circumstances with respectto whole-body vibration where, given the state of the art andthe specific characteristics of workplaces, it is not possible to
comply with the exposure limit value despite the technical and/
ororganisational measures taken.
1a. In the case of agriculture and forestry, the daily expo-
sure limit value shall be determined no later than … (
*)i n
the light of the latest research and scientific informationavailable.
(*) Five years after the entry into force of this Directive.
Amendment 6
Article13
Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,indicating the points of view of both sides of industry .Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,indicating the points of view of the social partners .This reportC112E/124 EN 9.5.2002 Official Journal of the European Communities
Tuesday 23 October 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
shall include a list, giving detailed reasons, of the transitional
arrangements and derogations which the Member States haveadopted. It shall also contain a description of best practice for
preventingvibrations with a harmful effect on health and of
other forms of work organisation, together with the actiontaken by the Member States to impart knowledge of suchbest practice.
On the basis of those reports, the Commission shall inform the
European Parliament, the Council, the Economic and SocialCommittee and the Advisory Committee on Safety, Hygieneand Health Protection at Work thereof.On the basis of those reports, the Commission shall carry out
an overall assessment of the implementation of the Directive,includingimplementation in the lig ht of research and scien-tific information, and shall inform the European Parliament,
the Council, the Economic and Social Committee and the Advi-sory Committee on Safety, Hygiene and Health Protection atWork thereof and, if necessary, propose amendments .
12. Environment: public participation in drawing up plans and programmes ***I
A5-0321/2001
Proposal for a European Parliament and Council directive on providing for public participation in
respect of the drawing up of certain plans and programmes relating to the environment and
amending Council directives 85/337/EEC and 96/61/EC (COM(2000) 839 Rdash C5-0027/2001 Rdash 2000/
0331(COD))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION(1)AMENDMENTS
BY PARLIAMENT
Amendment 1
RECITAL 1
(1) Community legislation in the field of the environment
aims to contribute to preserving, protecting and improvingthe quality of the environment and protecting humanhealth.(1) Community legislation in the field of the environment
aims to contribute to preserving, protecting and improvingthe quality of the environment and protecting individual and
publichealth.
Amendment 2
RECITAL 2
(2) Community environmental legislation includesprovisions
for public authorities and other bodies to take decisions whichmay have a significant effect on the environment as well as onpersonalhealth and well-being.(2) Community legislation, plans and programmes relating
to the environment and to other fields of policy include provi-
sions for public authorities and other bodies to take decisionswhich may have a significant effect on the environment as well
as onindividual and public health and well-being.
(1) OJ C 154 E, 29.5.2001, p. 123.9.5.2002 EN C112E/125 Official Journal of the European Communities
Tuesday 23 October 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT