No C 104/6 Official Journal of the European Communities 25. 4. 85 
Opinion on the proposal for a Council Directive on the protection of workers by the proscription of 
specified agents and/or work activities (fourth individual Directive within the meaning of Article 8 of 
Directive 80/1107/EEC) (») 
(85/C 104/05) 
Procedure 
On 24 September 1984, the Council decided to consult the Economic and Social Committee, under 
Article 100 of the Treaty establishing the European Economic Community, on the abovementioned 
proposal. 
The Section for Social Questions, which was responsible for preparing the Committee's work on the 
subject, adopted its opinion on 14 February 1985 in the light of the report by Mr Brassier. 
At its 224th plenary session (meeting of 27 February 1985) the Economic and Social Committee 
adopted the following opinion by a majority vote in favour and two votes against, with three 
abstentions: 
1. General comments 
1.1. The draft Directive is based on Council Directive 
80/1107/EEC of 27 November 1980 on the protection of 
workers from the risks related to exposure to chemical, 
physical and biological agents at work (2). The Committee 
had previously endorsed (3) the original draft Directive. 
1.2. Aware of the risks of exposure at the workplace to 
the dangerous substances listed in the Annex to the present 
proposal, the Committee acknowledges the need for a 
specific Directive, as provided for in Article 8 (2) of Directive 
80/1107/EEC. 
1.3. The Committee therefore endorses the present 
proposal subject to a clearer formulation of the title and to 
the detailed comments below. These comments are intended 
to clarify the proposed arrangements and to give greater 
flexibility to the means envisaged by the Commission in 
accordance with the 1980 Directive. 
2. Specific comments 
2.1. Title 
The Committee proposes that the title be amended to 
read: 
'Proposal for a Council Directive on the protection of 
workers by the proscription of exposure to specified 
agents and /or work activities.' 
2.2. The Committee proposes that the antepenultimate 
and penultimate recitals in the preamble (first two 
paragraphs on page 2) be amended to read: 
(>) OJ No C 270, 10. 10. 1984, p. 3. 
(2) OJ No L 327, 3. 12. 1980, p. 8. 
(3) OJ No C 297, 28. 11. 1979, p. 5. 'Whereas under the terms of the said Directive, such 
protection should as far as possible be ensured by 
measures to prevent exposure; 
Whereas only in specific cases when prevention of 
workers' exposure cannot be ensured, should the use of 
the specified agents and/or work activities be 
prohibited;'. 
2.3. Article 1 
The Committee proposes that this Article be amended to 
read: 
'The purpose of this Directive is the protection of workers 
against the risks to their health resulting from exposure to 
certain agents and/or work activities.' 
2.4. Article 3 
Bearing in mind the aims and operational context of 
Directive 80/1107/EEC, Article 3 should be amended to 
read: 
'To prevent the exposure of workers to risks to their 
health from certain specified agents and /or work 
activities where serious health effects have been 
demonstrated, Member States shall take all necessary 
measures to proscribe exposure to, and in cases where 
exposure cannot be avoided, to proscribe: 
(a) the agents listed in the Annex to this Directive; 
and/or 
(b) any work activity or any additional agent listed in an 
amendment to the Annex to be adopted by the 
Council acting on a proposal from the 
Commission.' 
2.5. Article 4 
The Committee proposes that the first sentence of Article 4 
(2) be amended to read: 
25. 4. 85 Official Journal of the European Communities NoC 104/7 
'The reasoned application must be submitted by the 
employer, together with the opinion of the workers' 
representatives after they have been informed and 
consulted, to the responsible authority. . .' (rest 
unchanged). 
The Committee further proposes that a new paragraph 
Article 4 (5) be added, as follows: 
'The enterprises or sectors concerned would of course 
continue to operate during the procedure for assessment 
of the exemption application by the authorities, when the 
1. On 27 October 1983 the ESC, acting under its urgency 
procedure, welcomed the Commission's proposal to set up a 
network of posts to monitor forest health (opinion on the 
proposal to provide forests in the Community with increased 
protection against fire and acid rain. 
2. Following a study group visit to Stuttgart, 
Freudenstadt and Marseilles in March 1984, the Committee 
issued an additional opinion on 4 July 1984 on the protection 
of forests against fire and acid rain. This opinion firmly 
supported the Commission's proposals, while making a few 
additional suggestions. National efforts to combat forest 
fires should be backed by the Community. The same applies 
to national efforts to combat acid rain. 
3. Air pollution is causing more and more damage to 
forests. In some regions of the northern hemisphere visible 
(») OJNoC248,17. 9. 1984,p. 1 andOJNoC358,31. 12. 1983, 
p. 50. application is for exemption from a process which was 
operational before the date of the proscription.' 
2.6. Article 5 
It should be noted that workers' access to the documents 
which are the subject of notification must form part of the 
consultation and opinion procedure referred to in point 2.5 
above. 
2.7. The substance benzidine and its salts should be 
included in the Annex to the Directive. 
forest damage has been on the increase since the beginning of 
the 1980s. According to research in Germany growth was 
affected for many years prior to this. The first to suffer were 
the coniferous forests; now it is the turn of the deciduous 
forests. 
4. Forest dieback is an indication that the ecosystem is 
being overloaded. Trees are dying at an alarming rate despite 
highly developed forest management in central Europe and 
regulations and forestry measures in most Member States to 
curb harmful practices and prevent overcropping. Methods 
for investigating the damage are still in their infancy. They 
have developed along different lines. The Federal Republic of 
Germany has been monitoring the damage the longest. Other 
EEC countries are only just beginning to develop a 
monitoring system. The Committee therefore regrets that the 
proposed Regulation of 14 June 1983 has not yet been 
adopted. Done at Brussels, 27 February 1985. 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
Second additional opinion on the proposal for a Council Regulation establishing a Community 
scheme to provide forests in the Community with increased protection against fire and acid 
rain (*) 
(85/C 104/06) 
On 4 July 1984 the Economic and Social Committee decided, in accordance with Article 20 (3) of its 
Rules of Procedure, to draw up a second additional opinion on the proposal for a Council Regulation 
establishing a Community scheme to provide forests in the Community with increased protection 
against fire and acid rain. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, which was 
responsible for preparing the Committee's work on the subject, adopted its opinion on 4 February 
1985 in the light of the report by Mr Schnieders. 
At its 224th plenary session (meeting of 27 February 1985) the Economic and Social Committee 
adopted the following opinion by 71 votes to 10 with seven abstentions: