Amended proposal for a COUNCIL DIRECTIVE on minimum requirements to improve the mobility and the safe transport to work of workers with reduced mobility
Date: 1991-12-19
Institutions: European Commission
Subjects: means of public conveyance, means of transport, reintegration into working life, transport safety, worker with disabilities

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. 

Initial  Connmittion 
propotal 

Amended  propotal  purtuant 
to Article  149/3  EEC 

25 November  1991 

Propotal  for a Council  Directive  on  minimum 
requirement*  to  improve  the mobility  and  the  tafe 
trantport  to work  of workers with  reduced mobility 

(The original  text  remaint  unchanged  unlett  there  it an 
entry  in thit  column.) 

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; 

TTroT 
(21 OJ 

Page  2 

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 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; 

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; 

Pa9*3 

Initial  Commission 
propotal 

Amended  propotal  purtuont 
to Article  149/3 EEC 

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; 

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. 

The purpote  of  thit  Directive  it to facilitate  the  tafe 
travel  of workert  with  reduced mobility  to and  from 
their place  of  work. 

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. 

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. 

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; 

a) training  tchemet  free of  charge  to help workert  with 

reduced mobiIity  travel  in  tafety; 

b)  the  requisite  training  for  the  staff  of  public 

transport  companies  to help workers with  reduced 
mobility  use  the  transport  provided  for  them; 

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 workert  with  reduced 

mobiIity. 

c)  information  and  advice  for  the public  in  retpect  of 

the needt  of workert  with  reduced mobility, and  free 
of  charge  for  tuch  workert. 

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. 

Poge£ 

Amended  proposal  purtuant 
to Article  149/3 EEC 

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. 

Initial  Commission 
proposal 

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 

P a g e® 

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 

III.  FACILITIES AND SAFETY CONDITIONS  IN 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: 

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: 

-  reserved  seats  in sufficient  number  and  in 

appropriate  positions 

-  corridors 

-  toilet  and washing  facilities. 

-  reterved  teatt  in tufficient  number  and  in 

appropriate potitiont 

-  corridort 
-  toilet  and wathing  facilitiet 
-  tignt  to giye notice of  ttopt. 

IV. 

SIGNS 

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. 

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 

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Catalogue number : CB-CO-91-598-EN-C 

ISBN 92-77-78991-3 

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