No C 191/34 Official Journal of the European Communities 22. 7. 91 
APPENDIX 
to the Opinion of the Economic and Social Committee 
The following amendment, which was supported by at least 25 % of the votes cast, was rejected during the 
debate : 
Paragraph 2.2.2.2 
Delete final sentence 'It will .... integration' and substitute: 
'This should be further explored in continuing discussions to ascertain whether there is a real prospect 
of negotiated agreements at European level becoming a reality.' 
Reasons 
The achievement of European-level framework agreements will necessitate a widespread consensus among 
the representatives of the social partners drawn from all the Member States. Considerable further discussion 
will be required before it becomes clear whether such consensus exists. 
Voting 
For: 33, against: 62, abstentions: 14. 
Opinion on the proposal for a Council Directive concerning minimum requirements for 
improving the safety and health protection of workers in the extractive industries (*) 
(91/C 191/14) 
On 31 January 1991 the Council decided to consult the Economic and Social Committee, 
under Article 118A of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its Opinion on 13 May 1991. The 
Rapporteur was Mr Flum. 
At its 287th plenary session (meeting of 29 May 1991), the Economic and Social Committee 
unanimously adopted the following Opinion. 
1. Description of the programme 
1.1. The aim of the draft Directive is to improve the 
level of safety and health protection afforded to workers 
in the extractive industries. Minimum requirements are 
laid down with regard to working methods, the layout 
of the workplace, equipment and the provision of sani­
tary and social facilities. 
1.2. The draft Directive is based on Article 118A of 
the EEC Treaty. It comes within the scope of the 
Commission's communication on the programme con­
cerning safety, hygiene and health at work. 
(*) OJ No C 32, 7. 2. 1991, p. 7. 1.3. The draft Directive is part of the social measures 
intended to accompany the completion of the internal 
market. 
1.4. The draft Directive applies to the extractive 
industries and covers three main areas: 
a) exploration and extraction by means of boreholes 
(e.g. oil, natural gas and brine production); 
b) exploration for and extraction of minerals in surface 
workings (e.g. in the case of the production of 
sand, gravel, ballast, marble, granite, slate, gypsum, 
limestone and lignite); 
c) exploration for and extraction of minerals in under­
ground workings (e.g. in the case of the production 
of coal, lignite, ore, rock-salt, potassium salt, gyp­
sum and slate). 
22. 7. 91 Official Journal of the European Communities No C 191/35 
1.5. The draft Directive takes the following form: 
The provisions set out in the body of the draft Directive 
apply jointly to the three main areas listed in 
point 1.4 (a), (b) and (c) above. Annex I to the draft 
Directive applies to the exploration for and the extrac­
tion of minerals by means of boreholes [point 1.4 (a) 
above]. The Commission has announced that it intends 
to submit at a later stage specific annexes in respect of 
the sectors listed in point 1.4 (b) and (c) above. 
The Committee welcomes the fact that the Commission 
has agreed to involve the Committee in the work to be 
carried out on the sectors listed in point 1.4 (b) and (c) 
and to insert the outstanding two appendices in the 
draft Directive. 
2. General comments 
2.1. The Committee welcomes the draft Directive, 
representing, as it does, an important step forward in 
improving protection against accidents in a sector 
where workplaces are particularly hazardous. 
2.2. The extractive industries involve higher than 
average risks. The Committee shares the Commission's 
view as regards the particular urgency of improving 
safety and health protection in these industries. 
2.3. In view of the fact that accident and health 
hazards are substantially greater in the extractive indus­
tries than in the rest of the non-farm economy, the 
improvement of safety, health protection and protection 
against industrial illnesses is of particular importance. 
2.4. There are at present no EC provisions whatso­
ever with regard to the improvement of safety and 
health protection for workers in the extractive indus­
tries. Several EC Member States have already intro­
duced national legal and administrative provisions gov­
erning safety and health protection for workers in this 
sector. 
2.5. The minimum requirements proposed in the 
draft Directive provide the basis for a uniform standard 
of health and safety which also takes account of the 
interests of small and medium-sized enterprises. 
2.6. The Committee recognizes that, in accordance 
with Treaty Article 118A, Member State provisions 
which are more stringent than the proposed minimum 
requirements will not be affected by the draft Directive. 
2.7. The Committee notes that British experts 
involved in the investigation of the Piper Alpha disaster 
collaborated in the drafting of the document under 
review, thereby contributing their experience to the 
draft Directive. draft Directive, it would ask the Commission to accept 
the proposals set out in the 'Specific Comments' below. 
3. Specific comments 
3.1. Article 3 
3.1.1. For workers in the extractive industries, pre­
ventive medical examinations are a particularly 
important component of individual, industrial-medi­
cine health protection. 
3.1.2. A number of Member States have for years 
prescribed preventive medical examinations for people 
entering the mining industry; subsequent examinations 
at specified intervals are also prescribed. 
3.1.3. Article 3 should not just mention health pro­
tection. There should be a concrete reference to both 
health protection and regular, industrial-medecine pre­
ventive examinations which should also include exam­
inations prior to taking up employment. 
3.2. The present Commission proposal should refer 
to the proposal for a Council Directive concerning the 
minimum requirements for the provision of safety and/ 
or health signs at work [Doc. COM (90) 664]; the rel­
evant references in the present proposal [Doc. 
COM(90) 663] should be corrected. 
3.3. When submitting the supplement to the present 
proposal (annexes on surface workings, quarries and 
underground mining) the Commission should: 
— ask the Econmic and Social Committee for an 
Opinion; 
— insert, together with the specific annexes, an article 
corresponding to Article 10, specifying deadlines; 
— if possible, submit the supplement by the end of 
1991. 
3.4. The Workplace Directive (89/654/EEC) lists the 
Advisory Committee on safety, hygiene and health pro­
tection at work as an advisory body; in line with this, 
the Committee asks the Commission to review the 
preamble and mention the advisory body. 
The second citation should read: 
'Having regard to the proposal from the Com­
mission, which has consulted the Safety and Health 
Commission for the mining and other extractive 
industries.' 
2.8. Although the Committee broadly endorses the 3.5. To ensure that an appropriate specialist body is 
No C 191/36 Official Journal of the European Communities 22. 7. 91 
consulted when the Annex is amended under Article 12, 
the following sentence should be added to Article 12: 
'On such occasions the Commission shall consult 
the Safety and Health Commission for the mining 
and other extractive industries.' 
3.6. The Committee recommends inserting an 
additional Article in the body of the draft Directive, to 
ensure its correct application when incorporated into 
national law by the Member States. This new Article 
could read: 
'The Member States shall establish the administrat­
ive conditions necessary to ensure that, once incor­
porated into national law, the Directive is correctly 
applied and monitored.' 
3.7. The Committee would ask the Commission to 
examine once again the extent to which the draft Direc­
tive takes account of the Piper Alpha disaster and the findings of the public inquiry headed by Lord Cullen, 
particularly with regard to the carrying-out of risk 
assessments and follow-up action. 
In this context the Committee proposes that Article 3(1) 
be amended to read as follows: 
'General obligations 
(1) To safeguard the safety and health of workers, 
the employer shall take the measures necessary 
in the light of the risk assessment stipulated in 
Articles 6, 9 and 10 of the framework Directive 
(89/391/EEC), to ensure that:'. 
3.8. The Committee calls upon the Commission to 
define in greater detail the 'risk assessments' referred 
to in Articles 6, 9 and 10 of the framework Directive 
(89/391/EEC) and to lay down mandatory rules. 
Done at Brussels, 29 May 1991. 
The Chairman 
of the Economic and Social Committee 
Francois STAEDELIN 
APPENDIX 
to the Opinion of the Economic and Social Committee 
The following amendment, which received more than one-quarter of the votes cast, was rejected in the course 
of the debate. 
Page 6, paragraphe 3.8 
Add to the paragraph 3.8: 
'... mandatory. This fleshing out, however, should not go into excessive detail, remembering that legal 
instruments (such as Directives) should be limited to stating the objectives to be achieved, but not detailed 
means of doing so.' 
Reasons 
Self-evident. 
Voting 
For: 25, against: 68, abstentions: 8.