COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 539 final - SYN 327 
Brussels,19 December 1991 
Amended proposal for a 
COUNCIL DIRECTIVE 
on minimum requirements to improve the mobility and the safe 
transport to work of workers with reduced mobility 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
EXPLANATORY MEMORANDUM 
Amended proposal for a 
COUNCIL DIRECTIVE 
on minimum requirements to improve the mobility and the safe 
transport to work of workers with reduced mobility 
Subsequent to the European Parliament's opinion on first reading on 
20.11.1991, the Commission is presenting to the Council, under 
Article 149(3) of the EEC Treaty, an amended proposal for a directive 
The proposed amendments are of four main types: 
One group of amendments is intended to bring certain definitions or 
expressions into line with similar provisions already contained in 
other texts, more particularly the proposal for a Decision concerning 
the HELIOS II programme. 
A number of provisions have had certain additions made 
One set of amendments makes the point that certain measures provided 
for in the Directive are to be free of charge. 
Finally, there is one amendment which gives a shorter deadline for 
one of the dates of entry into force. 
The Commission's amended proposal thus retains the same overall structure 
and the same objectives, but simply develops and clarifies certain of the 
provisions. 
25 November 1991 
Initial Connmittion 
propotal 
Propotal for a Council Directive on minimum 
requirement* to improve the mobility and the tafe 
trantport to work of workers with reduced mobility 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. 
Having regard to the Treaty ettablIthing the European 
Economic Community, and in particular Article 118a 
thereof, 
Having regard to the propotal from the 
Commissi onv'/, drawn up after consulting the 
Advitory Committee on Safety, Hygiene and Health 
Protection at Work, 
In cooperation with the European Parliament (2) 
Having regard to.the opinion of the Economic and 
Social Committee^3', 
Whereat Article 118a of the EEC Treaty providet that 
the Council thai I adopt, by meant of direct!vet, 
minimum requirements to encourage improvement!, 
especially in the working environment, as regards the 
health and tafety of workers; 
Whereas, pursuant to the above 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; 
Whereas, under the terms of point 26 of Title I of 
the Community Charter of the Fundamental Social 
Rights of Workers, all disabled persons, whatever the 
origin and nature of their disablement, must be 
entitled to additional concrete measures aimed at 
improving their social and professional integration; 
whereas these measure! mutt concern, in particular, 
according to the capacitiet of the beneficiarlet, 
accessibility, mobility and means of transport; 
Whereas it is appropriate to supplement existing or 
future Community legislation on the safety and health 
of workers with reduced mobility at the workplace, by 
provisions that will assist them in gaining access to 
employment and thus reduce the hazards specifically 
affecting them during travel to work; 
Whereas it is clear that modes of transport which do 
not take account of the needs of workert with reduced 
mobility give rite to hazardt to the health and 
tafety of thete pertont; Amended propotal purtuant 
to Article 149/3 EEC 
(The original text remaint unchanged unlett there it an 
entry in thit column.) 
Page 2 
TTroT (21 OJ 
Initial Commission 
propotal Amended propotal purtuant 
to Article 149/3 EEC 
Whereat it mutt be pottible for workert with reduced 
mobility to ute trantport to travel to and from work 
without running any more rltkt than other workert; 
whereat the tafety and health in the working 
environment of workert with reduced mobility mutt be 
attured by adopting the requitite meaturet to enable 
them to travel tafely to and from work; 
Whereat the meaturet to improve mobility and 
trantport concern workert with reduced mobility, 
regardlett of whether their handicap it of a phytical 
• including tentory - or mental origin; 
Whereat the choice thould be left to the Member 
Statet at regarde, on the one hand, the optIont of 
giving workert with reduced mobility accett to public 
trantport, trantport organized by the employer or 
tpecial trantport tervicet for the ditabled, and on 
the other hand, creating incentivet to attltt 
trantport of the ditabled on condition that tuch 
meaturet have an equivalent effect; 
Whereat it it therefore appropriate to lay down 
minimum requirements to enture that workert with 
reduced mobility can avail themselves of tufficient 
meant of transport adapted to their special needs; 
whereas such needs include access to transport, the 
accessibility of the means of trantport, the 
facilitiet enabling workert with reduced mobility to 
travel tafely, and the tignt identifying tuch meant 
of trantport; 
Whereat to take into account the cott of converting 
meant of trantport to make them accettible to workert 
with reduced mobiIity, it it appropriate to provide 
for alternative measures which, while guaranteeing 
safe travel, offer the necessary flexibility for 
finding solutions adapted to the particular 
ci rcumstances; 
Whereas, where the employer provides the transport to 
work for his workers, he must be obliged to bear in 
mind the specific needs of those of his workert, 
apprenticet and traineet with reduced mobility; 
Whereat in a large majority of Member Statet there 
are special transport services intended for disabled 
persons, laid on by public and private bodies; 
whereas for reosons of economic cost and in keeping 
with the Commission's overall and consistent policy 
of economic and social integration of the disabled, 
priority must be given to the most severely disabled 
for the use of such special transport services; 
Whereas special attention needs to be given to the 
problem of training and informing workers with 
reduced mobility to enable them to make optimum use 
of the means of transport at their disposal; whereas, 
in this respect, appropriate training should be 
provided for the staff of public transport available 
to workers with reduced mobility to help reduce or 
eliminate the risk inherent in travel for such 
persons; Whereat the meaturet to improve mobility and trantport 
concern workert with reduced mobility, regardlett of 
whether their handicap It of a phytical (Including 
tentory) or mental (including ptychicol) origin; 
Pa9*3 
Initial Commission 
propotal 
Whereot providing meant of trantport adapted to the 
needt of workert with reduced mobility thould not 
engender any additional financial burden for 
trantport for tuch workert; whereat thit thould 
likewite apply to workert with reduced mobility who, 
becaute of their handicap, need to be accompanied by 
another perton or a guide dog if they are to make ute 
of public trantport; 
Whereot thit Directive maket a contribution to the 
implementation of the aimt tet out in the European 
Parliament retolution of 16 September 1987 °n the 
trantport of handicapped and elderly persons^4', 
which stressed the importance of mobility as being 
essential in finding and retaining a suitable job; 
Whereas it would be advisable, in order to meet the 
specific requirements of workers with reduced 
mobility, for schemes receiving financial assistance 
from the Structural Funds to take occount of the aimt 
of thit Di rective; Amended propotal purtuont 
to Article 149/3 EEC 
Whereat thit Directive maket a contribution to the 
implementation of the aimt tet out in the European 
Parliament retolution of 16 September 1987 on the 
trantport of handicapped and elderly pertont'4', which 
ttretted the importance of mobility at being ettentioi 
in finding and retaining a tuitable job, and which 
recommended In particular the technical convertion of 
meant of transport so at to facilitate accett; 
,_., „ ,, , „_.„.J 
Page L 
Initial Commission 
proposal Amended propotal purtuant 
to Article 149/3 EEC 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The purpote of thit Directive it to facilitate the 
tafe travel of workert with reduced mobility in order 
to attitt them in gaining accett to employment. 
Article 2 
For the purpotet of thit Directive, 
a) "worker with reduced mobility" tha11 mean any 
worker who has special difficulty In using public 
trantport owing to a ter tout handicap of a 
phytical or mental origin. 
b) "meant of trantport" thai I mean 
- public trantport, 
- trantport provided by the employer, 
- tpecial trantport tervicet for the ditabled. 
Article 3 
In order to fulfil the aimt tet out in Article 1, the 
Member Statet thali take 
a) the requitite meaturet to enture that meant of 
transport are provided and are accessible, 
allowing for the interchangeabiIity of means of 
transport, or 
b) all measures to facilitate the transport of 
workers with reduced mobility, on condition that 
these hove an effect equivalent to the measures 
mentioned in a). 
The means of transport provided for workers with 
reduced mobility must meet the minimum requirements 
laid down in the Annex. 
Article 4 
The Member States shall take measures to promote 
a) training schemes to help workers with reduced 
mobility travel in safety; 
b) the requisite training for the staff of public 
transport companies to help workers with reduced 
mobility use the transport provided for them; 
c) information and advice for workert with reduced 
mobiIity. 
Article 5 
When workert with reduced mobility cannot travel 
without the help of an accompanying perton or tome 
other form of assistance, the Member States shall 
take meosures to ensure that such assistance does not 
give rise to additional transport costs for the 
workers in question. The purpote of thit Directive it to facilitate the tafe 
travel of workert with reduced mobility to and from 
their place of work. 
o) "worker with reduced mobiIIty" thai I mean any worker 
who hat tpecial difficulty in utlng public trantport 
for hit occupational acttvitiet owing to a teriout 
handicap of o phytical or mental origin. 
a) training tchemet free of charge to help workert with 
reduced mobiIity travel in tafety; 
b) the requitite training for the ttaff of trantport 
componiet to help workert with reduced mobility ute 
the trantport provided for them; 
c) information and advice for the public in retpect of 
the needt of workert with reduced mobility, and free 
of charge for tuch workert. 
Poge£ 
Initial Commission 
proposal Amended proposal purtuant 
to Article 149/3 EEC 
Article 6 
The Commission shall draw up every two yeart a report 
on the implementation by the Member Statet of 
meaturet covered by Articlet 3, 4 and 5 and thai I 
transmit thit to the European Parliament, Council and 
Economic and Social Committee. 
Article 7 
Thit Directive thai I not prejudice any exitting or 
future national or Community provisions which of 
more favourable to the tafe travel of workert with 
reduced mobiIity. 
Article 8 
1. The Member Statet thai I bring into force the 
lowt, regulationt and administrative provitiont 
required to conform with thit Directive 
a) no later than 31 December 1992 by prêtenting a 
timetable for the implementation of the 
measures referred to in Articles 3 and 4 by 
31 December 1999; 
b) no later than 31 December 1992 for the 
measures referred to in Article 5 to enable 
the said measures to be implemented no later 
than 31 December 1994. 
They shall inform the Commission directly of 
their implementation. 
When Member States adopt these provisions, these 
shall contain a reference to this Directive or shall 
be accompanied by such reference at the time of their 
official publication. The procedure for such 
reference shall be adopted by Member States. 
Article 9 
This Directive is addressed to the Member States. 
Done at 
For the CounciI b) no later than 31 December 1992 for the measures 
referred to in Article 5 to enable the said meaturet 
to be implemented no later than 31 December 1993. 
Page® 
Amended propotal purtuant 
to Article 149/3 EEC Initial Commission 
proposal 
Annex 
Minimum requirements 
(Article 3a) 
General remarks 
The obligations laid down in this annex or9 
applicable whenever the characteristics of the public 
trantport facititiet or their infrattructure to 
require. 
I. ACCESS TO TRANSPORT 
Trantport mutt be made available to workert with 
reduced mobility in tuch a way at to meet their 
tpecial trantport needt. Thit meant a tufficient 
number and frequency of tervicet and appropriate 
trontport tchedulet. 
II. ACCESSIBILITY OF MEANS OF TRANSPORT PROVIDED FOR 
WORKERS WITH REDUCED MOBILITY 
The minimum requirements set out below concern 
the measures adopted to give application to point 
I above. 
a) Safe access to and from transport facilities 
(entrance/exit) for workert with reduced 
mobility thould be provided in one of three 
possible ways: 
- either by built-in technical aids such os 
lowered floors, lifting platforms, etc. 
- or by technical aids external to the 
transport vehicle, for example at the stop 
or platform, such as mobile ramps, low-lift 
elevating platform trucks, folding 
platforms, etc. 
- or by personal assistance from specially 
trained transport company staff. 
b) At least one entrance/exit must be designed to 
allow workers with reduced mobility to 
board/alight from the mode of transport 
safely. 
c) Accessibility implies compatibility between 
the means of transport and the corresponding 
infrastructure to ensure that the worker with 
reduced mobility has safe access to the said 
means of transport. 
Page X* 
Initial Commission 
proposal Amended proposal pursuant 
to Article 149/3 EEC 
III. FACILITIES TO BE PROVIDED IN THE MEANS OF 
TRANSPORT FOR WORKERS WITH REDUCED MOBILITY 
The interior of the means of transport must 
provide the following for workers with reduced 
mobility, in accordance with the specific 
requirements of different types of handicap: 
- reserved seats in sufficient number and in 
appropriate positions 
- corridors 
- toilet and washing facilities. 
IV. SIGNS 
Signs for the use of the means of transport 
for workers with reduced mobility, together 
with the access facilities to the associated 
infrastructure, must accord with the special 
needs of the various types of workers with 
reduced mobiIity. III. FACILITIES AND SAFETY CONDITIONS IN MEANS OF 
TRANSPORT FOR WORKERS WITH REDUCED MOBILITY 
Inside the means of transport, the following 
provisions must be made for workert with reduced 
mobility, in accordance with the tpecific 
requirementt of the different typet of handicap: 
- reterved teatt in tufficient number and in 
appropriate potitiont 
- corridort 
- toilet and wathing facilitiet 
- tignt to giye notice of ttopt. 
IV. SIGNS 
Harmonised tignt for the ute of the meant of 
trantport for workert with reduced mobility, 
together with the accett facilitiet to the 
attociated infrattructure, mutt accord with the 
tpecial needt of the variout typet of workert with 
reduced mobility and the different cotegoriet of 
ditabled pertont. 
Page O 

ISSN 0254-1475 
COM(91) 539 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-91-598-EN-C 
ISBN 92-77-78991-3 
Office for Official Publications of the European Communities 
Lr29S5 Luxembourg