Proposal for a COUNCIL REGULATION ( EEC ) opening an annual Community tariff quota for pet food falling within CN code 2309 10 11 and an annual Community tariff quota for fish food falling within CN code ex 2309 90 41, originating in and coming from the Faroe Islands
Date: 1992-01-13
Institutions: European Commission
Subjects: Faroes, import levy, pet food, retail selling, tariff quota

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(90) 564 final 

Brussels,  25 September 1991 

Proposal  for a 

COUNCIL REGULATION (EEC) 

establishing a European Agency for Safety and 

Health at Work 

(presented by the Commission) 

1;!!31': 

m 

- 2 -

EXPLANATORY  MEMORANDUM 

1.  introduct ion 

1.1 

1.2 

In  its programme of action on  the  implementation of  the  Community 
Charter of Fundamental  Rights for Workers, the Commission  made 
provision  in Chapter  10, on  the protection of  health  and  safety 
at work, for  the establishment of an Agency  for Safety  and Health 
at Work. 

In the comments which  accompanied  this proposal  the  Commission 
stressed  that  "...  in  its Resolution of  21 December  1987, the 
Council  welcomed  the Commission  communication on  its programme 
concerning  safety, hygiene and health at work. Among  other 
things,  it called on  the Commission  to examine ways of  improving 
the exchange of  information and experience  in the field 
concerned,  in particular  as regards the gathering and 
dissemination of data and  the advisability of setting up 
Community  machinery  to study  the repercussions at national  level 
of Community  measures  in the field of safety  and health  at work. 

The Resolution  also called  for  intensified  cooperation with and 
between  the bodies active  in the field. 

The Council  also stressed  the fundamental  importance  of  workers 
being  aware of  the  issues  involved and having  access to 
information  and,  if necessary,  to training  if the measures 
recommended  in the Commission's  programme were  to prove 
successful. 

Recognizing  the dangers not only  to health  and safety, but  also 
to the business environment  and  the  labour markets, of  divergent 
health  and safety  conditions, employers' and workers' 
organizations have  impressed  upon  the Commission  the need  to 
ensure  that  directives are  implemented  accurately,  fully and 
equitably. They  have also called  for appropriate advice and 
assistance  to be provided  to undertakings  and organizations  in 
order  to help  them comply  with  the requirements  imposed by 
Community  directives. 

In order  to respond  to these  requests, the Commission,  while 
remaining  responsible  for monitoring  the application of  Community 
law,  is to set up an Agency  for  Safety and Health at Work  to help 
in the  implementation of various programmes  relating  to the 
working environment,  including providing  technical  and scientific 
assistance and coordination, and advising on  training. 

-  3 -

To this end  the Agency will  draw on  the experience of  the 
European  Foundation  for  the  Improvement  of Living  and Working 
Conditions  (Dublin Foundation). 

2.  Earlier  legislation 

2.1 

2.2 

2.3 

2.4 

Before  the Single Act  came  into force, there were already a 
number  of directives  In the field of health and safety  at work 
(on protection against  risks relating to asbestos, noise and 
lead,  in particular). 

Since October  1987, when  the Commission  adopted  its programme 
concerning  health and safety at work, a considerable number of 
proposed  directives have been adopted,  including Directive 89/391 
on  improving  the safety and health of workers at  the workplace 
(framework  Directive). 

The framework  Directive provides  for additional  individual 
Directives to cover  activities presenting a high degree of risk 
to health  and safety. The following directives  have already  been 
adopted  by  the Council: workplaces, working equipment, personal 
protective equipment, VDU  screens, handling heavy  loads, 
carcinogenic  agents and biological  agents. 

As regards  the protection of  the safety and health of workers, 
the Commission's approach  has been  to ensure  that  Community 
legislation continues to progress across a broad  front  while at 
the same  time fulfilling  specific  requirements, particularly  in 
high  risk sectors.  In this context  proposals  for  individual 
directives based on  the framework  Directive will  continue  to be 
drafted,  to extend, amplify  and reinforce  the effect  of  the 
framework  Directive  in their  respective fields.  The Commission 
must  also ensure  that existing  texts are updated  to keep pace 
with  technical  progress. 

3.  Current  situation 

3.1 

The  implementation of  the framework Directive and  the additional 
individual  Directives  itself  represents a considerable  volume of 
work  for both  the Member  States and  the Commission, which  has the 
task of ensuring  that  these Directives are correctly  transposed 
into national  legislation. 

Furthermore, the Commission  needs to be continually  aware of what 
is happening  in the Member  States and what  technological, 
technical  and scientific advances are being made  in the field of 
safety  and health, so that  it can,  if necessary,  introduce other 
proposals  in the future, as well  as revising or adapting existing 
Directives, often at short  notice. 

-  4 -

Although  the Commission  is able  to keep abreast  of new 
developments  in specific sectors of activity, science and 
technology  are advancing  at such a rate  that  the Commission, with 
its current  resources, cannot  possibly keep up with collecting 
and objectively  analysing all  the new data available - often 
disparate and  fragmentary  in nature -  in order  to  identify  new 
dangers and  then  to decide whether  new proposals are required. 
The revision of specific proposals also entails considerable work 
for  the Commission  departments  involved.  This  is the case, for 
example, with  the collection and analysis of  the data  required 
for  the Commission  to define exposure  limit  values  for  chemical 
substances.  The scale of  the task  is considerable, as the Member 
States have  laid down values for only about  1000 substances, 
whereas  there are over  110 000 chemical  substances  listed  in the 
European  Inventory of Existing Chemical  Substances  (EINECS). 

3.2 

3.3 

The Commission  is not  alone  in wanting objectively  analysed data. 
The Member  States, the European Parliament, the social  partners 
and others  involved  such as small  and medium-sized  undertakings 
are all  calling  for such  information to be made available - but 
in many cases, for a variety of  reasons, the Commission  is unable 
to respond.  The dynamic  nature of  recent  Community  legislation 
is also creating a demand  for  information,  imposing ever 
increasing burdens on  the Commission's  departments. 

In order  to satisfy  some of  these requirements  the Commission  has 
introduced  a bulletin  for a Community  information system  for 
health and safety at work  (JANUS) and has published  a special 
edition of Social  Europe on safety and health at work.  The 
increasing popularity  of  these publications  illustrates the 
enormous  interest  taken  in this area, but  conversely  also  leads 
to the submission of more and more  requests  for  information  to 
the Commission, which  is seen by  the outside world as the 
information centre  for what  is happening  in the Member  states. 

However, the reality  is that  the Commission  collects only  the 
information  it needs for  its own purposes, and  this  represents 
only a small  percentage of  the  information currently  available. 

3.4 

Although  legislation and  information  have particular  roles to 
play  in  improving  safety  and  health at work,  those concerned  need 
to be given adequate  training, as required  in the directives. 
Here again, the Commission  is being called  upon  to organize 
exchanges of  information  so that  all  those concerned with 
training can benefit  from  the  latest  advances, as well  as 
learning about  what  is going on  in this field  in the  Community. 

The Commission  has organized  a  limited number  of measures for 
instructors, but  their  very success has already  exhausted  the 
available resources, which were primarily  intended  for other 
activities.  However, the need still  exists, and  it will  become 

- 5 -

increasingly obvious as those  involved,  in particular  employers, 
workers, and  those  in charge of small  and medium-sized 
undertakings, are required  to ensure that  they comply  with  the 
directives  in this field, some of which  are of a highly  technical 
nature. 

3.5 

Generally speaking,  the various national  and  international 
institutes responsible  for worker  safety and health  (including 
the European Foundation for  the  Improvement  of Living  and Working 
Conditions) are unable  to meet  the demand  In full.  Their  working 
methods do not always meet  the Commission's  short-term 
requirements, either  because  it takes too  long  in most  cases to 
obtain  the requisite  information, or because of  the nature of  the 
work, which  is not  commensurate with the special  interest  and 
nature of Community  activities. 

In the case of  the Dublin Foundation,  it  is quite obvious  that  it 
was not  set up  to provide  "technical  assistance" for  the 
Commission,  nor would  its working methods  (sub-contracting) allow 
it to do so.  It also has to deal  with aspects of  living and 
working  conditions other  than health and  safety. 

3.6 

In short, to enable  it to achieve  its aims the Commission  must 
gather  together  and analyse all  the useful  information  it can 
obtain.  From  this point  of view the current  situation  is 
character ized by: 

the growing  difficulty  which  the Commission  has to reply  to 
the ever  increasing demands which  are made on  it, 

the fragmentary  and disparate nature of  the  information 
avai table, 

the Commission's  dependence  for data on  programmes 
established elsewhere, which do not  necessarily coincide with 
the strategy and priorities  laid down by  the  Community 
author it ies, 

the virtual  impostibMity  for  the Commission  to guide studies 
and programmes  conducted by  third parties  in the direction of 
its own priorities.  (The Commission  has only  limited scope 
for  influencing  the main  thrust of  the Dublin  Foundation's 
programme,  for  example). 

3.7 

3.8 

In order  to be better  able to carry out  its tasks, the Commission 
needs a flexible  instrument  designed  to collect  and  process 
information, whose structure and working programmes  are such that 
it can  fulfil  its own requirements according  to  its priorities. 
This  is the object  of  this proposal. 

The Commission  believes that  an Agency whose main aims and 
methods differ  from  those of existing bodies will  be able to 
fulfil  the requirements of  the Community  Institutions in 
developing  the social  aspects of  the  Internal  Market  in the  field 
of health  and safety.  The establishment  of a European Agency  for 
Safety  and Health  at Work  is in line with  the policy  laid down by 
the European Council, most  recently  the Rome Council  of 27 and 

28 October  1990, which stressed  the need  to give equal  weight 
tosocial  and economic considerations  in the construction of 
Europe.  It emphasized  that  the completion of  the  internal  market 
should produce a real  improvement  in employment  and  in the  living 
and working  conditions of every citizen  in the Community,  and 
stressed  the  importance of pushing on with  the action  programme 
for  the  implementation of  the Social  Charter, and  in particular 
*ith  the proposals on health and safety  at work, which  need  to be 
adopted without  delay  if the Community  is to have full 
legislation governing  this vital  aspect of  social  protection. 

3.9 

The creation of  the Agency would  also comply  with  a request 
expressed  by  the European Parliament  (in  its Resolution of  17 
March  1989 on safety  at sea), calling on  the Commission  to draw 
up a proposal  for  the creation of a European Agency on  safety at 
sea, a specific matter  which would be  included  in the Agency's 
overall  remit. 

3.10 

As regards the budget  for  the Agency, a p.m. entry  is currently 
scheduled  for  1991.  Clearly,  the Agency  cannot  start  to operate 
until  a budget  has been obtained,  if necessary  by transferring 
sums from other  headings  in chapter  B3-4. 

Responsibilities of  the Agency 

The Agency's main  task would  be to give the Commission  direct  access 
to  information on and expertise  in health and safety  at work, and to 
assist  the Commission  in  Implementing successive  action programmes. 
It would  also have to help  the Community  and  the Member  States to 
fulfil  their obligations under  the Treaties.  It would  be a centre of 
excellence, becoming  the focal  point  in the Community  for  the 
technical  and scientific  aspects of health and safety  at work not 
only  for  the Commission, but  for all  those  involved  in the field.  It 
would  also be required  to help the Commission  with  its  international 
contacts  in this  field. 

4.1. 

Technical  assistance 

The Agency will  be required  to ensure  that  technical  staff  are 
always available  to help  the Commission  on  technical  and 
scientific matters  involved  in the drafting  and  implementation of 
Community  legislation,  in particular: 

I. 

li. 

ill. 

it would  have to provide  the Commission  with  the 
requisite  technical  and scientific assistance  for 
drafting and evaluating measures  in this field; 
it would  have to be able  to provide  the Commission  with 
the requisite  information  for drafting  directives and 
other  legal  instruments; 
it would  have to evaluate  the probable  impact of 
Community  health and safety  legislation, particularly  on 
small  and medium-sized  undertakings; 

- 7 -

iv. 

it would have to evaluate  innovative and new technologies 
in the field of health and safety  at work, as well  as the 
safety of new products, and  to encourage  the  testing of 
new techniques at Community  level. 

4.1.2 

The Agency will  be responsible  for carrying out  studies based on 
planned Community  measures, giving priority  to special  topics of 
interest  to the  Community. 

4.1.3 

It would  be required  to promote cooperation between  institutions 
in the Community  on  Joint  projects  in order  to achieve agreed 
aims more economically and effectively  and  to avoid  duplication 
of effort. 

4.2. 

Network 

4.2.1 

4.2.2 

4.2.3 

4.2.4 

4.2.5 

4.2.6 

The Agency would  be required  to set up, with  help  from  the Member 
States, and coordinate  a network  comprising  the main  components 
of  the national  information networks, national  focal  points and 
themat ic centres. 

The Agency would operate both as a centre and as a central 
exchange  for  the transfer  of  information on safety  and  health 
matters. More particularly,  it would be required  to provide a 
rapid  response  to Commission  requests relating  to specific 
measures.  It would also have to establish  and maintain  close 
contact  with existing  institutes and organizations  in the Member 
States. 

The Agency would build on  the experience of existing  institutions 
and organizations,  including  the European  Foundation  for  the 
improvement  of Living and Working Conditions.  It would bring 
added  value  to their work  by selecting  and processing  information 
which  is directly  linked  to the Commission's  requirements. 

The Agency would  know about  work carried out  elsewhere  and  the 
Commission's  working priorities, and would  therefore be able to 
prevent  duplication of effort  between  its own work  and  that of 
third parties.  It would  draw up  lists of work currently  being 
carried out  in the Community  as a whole. 

It would  create a network of databanks, setting up  its own 
databanks  for  its work  and  linking up where appropriate with 
existing databanks.  The data produced  by  the Agency  as part of 
its day-to-day operations would  be stored  in a databank. 

It would  have to cooperate with other Community  programmes  and 
bodies which  plan  to take measures  relating  to health  and safety 
at work, and  in particular  with  the Statistical  Office and  the 
Community  research programmes,  Including  the Community  Bureau of 
References  (CBR) and, where appropriate, with organizations 

-  tJ  -

outside  the European Community,  including  international  bodies 
such as the WHO, the  ILO and  the ISO. 

4.2.7 

Although  the Agency would not be  involved  in the standardization 
process for  the completion of  the  Internal  Market,  it would  have 
to be familiar with  the work being done  in this field, 
particularly by  the CEN and CENELEC. 

4.3 

Informat ion 

4.3.1 

It would be required  to explore  the possibility of developing a 
rapid exchange system  for  information on health and safety at 
work, and  in particular on work equipment  (current  and new), 
products, substances and preparations covered  by Community 
legislation, so that protective and preventive measures can be 
introduced quickly.  It would also have  to provide  the Commission 
with  the  information  it needs to settle disputes and 
disagreements. 

4.3.2 

It would  have to produce publications on health and safety  based 
on the  information available and addressed  to the general  public 
and  to firms,  in particular small  and medium-sized  undertakings. 

4.4 

Training 

4.4.1 

To meet  the needs expressed more particularly by  the social 
partners, the Agency would organize  training courses on specific 
subjects,  including Community  directives and other  legal 
instruments, addressed  to employers, workers, workers' 
representatives and various health and safety specialists, 
including  the  instructors themselves. 

4.4.2 

It would also be required  to organize specialized  seminars on 
topical  subjects, together with  regular meetings of experts.  If 
necessary  it might organize exchanges of experts between  the 
various Member States. 

5. 

Administrative Board 

The Administrative Board of  the Agency will  be quadripartite. 

As was stated earlier,  it  is important  for  the social  partners  to be 
involved  in the running of  the Agency  and  the selection of  its 
programme. Management  and workers play a fundamental  part  in shaping 
and  implementing policy on health and safety at work. There  is 

••utatslaèi  » -1 -ArfrfiMe&v;. 

already  an Advisory  committee on Safety, Hygiene  and Health 
Protection  at Work, which advises  the Commission  during  the 
préparât ion of  legislation  in this field. 

In order  to ensure  the required  degree of consensus between all 
parties  involved,  it  is proposed  to have  the social  partners on the 
Administrative Board. 

For  the same  reason  the Chairman of  the Administrative Board  and  the 
Director  of  the Foundation will  be required  to attend  meetings of the 
Agency's Administrative Board  as observers. The Administrative Board 
will  be chaired  by a Commission  representative. 

6. 

Consultation procedure 

6.1 

6.2 

The Advisory  Committee on Safety, Hygiene and Health  Protection at 
Work  at  its meeting on 29 and  30 May  1990 came out  in favour of 
setting up  the Agency . 

The European  Parliament  must  be consulted  in accordance with  the 
provisions of Article  235 of  the EEC Treaty.  It  is also proposed  to 
consult  the Economic and Social  Committee. 

-  10 -

Proposal  for a 

COUNCIL REGULATION  (EEC) 

establishing a European Agency  for Safety  and 

Health  at Work 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic  Community,  and 

in particular  Article 235 thereof, 

Having  regard  to the proposal  from  the  Commission^1), 

Having  regard  to the opinion of  the European Par I lament^2), 

Having  regard  to the opinion of  the Economic  and Social  Committee^3), 

Whereas  safety,  hygiene  and  health  at  work  are  among  the  priorities  for  an 

effective social  policy; 

Whereas  the Commission  has described  the measures which  it  intends  to take  in 

these  fields  in  its  programme  concerning  safety,  hygiene  and  health  at 

work*4*,  and  in  its  action  programme  concerning  the  implementation  of  the 

Community  Charter  of  Fundamental  Social  Rights  for Workers*5^; 

Whereas,  in  its Resolution  of  21  December  1987(6),  the  Council  welcomed  the 

Commission  communication  on  its  programme  concerning  safety,  hygiene  and 

health  at work, and,  inter  alia. called  on  the Commission  to examine  ways of 

improving  the  exchange  of  information  and  experience  in  the  field  of  health 

and  safety  at work,  in particular  as  regards  the gathering  and  dissemination 

of  data  and  the  advisability  of  setting  up  Community  machinery  to  study  the 

repercussions at national  level of Community  measures  in this  field; 

(1) OJ No 
(2) OJ  No 
(3) OJ No 
(4) OJ NO C 28, 3.2.1988, p. 3. 
(5) COM(89) 568 final, 29.11.1989. 
(6) OJ No C 28, 3.2.1988, p. 1. 

11 -

Whereas  this  Resolution  also  called  for  intensified  cooperation  with  and 

between  the bodies active  in this field; 

Whereas  the Council  also stressed  the fundamental  importance of workers being 

aware  of  the  issues  involved  and  having  access  to  information  and,  if 

necessary,  to  training  if  the  measures  recommended  in  the  Commission's 

programme were  to prove successful; 

Whereas  detailed,  reliable  and  objective  economic,  technical  and  scientific 

data  need  to  be  collected,  processed  and  analysed  in order  to  provide  the 

Commission  and  the  Member  States  with  the  information  to  enable  them  to 

respond  to  all  the  requests  addressed  to  them,  to  introduce  essential 

measures  for  the  protection  of  the  health  and  safety  of  workers  and  to 

provide  those concerned  with adequate  information; 

Whereas  there  are  already  organizations  in  the  Community  and  the  Member 

States which provide  this type of  informat ion and services; 

Whereas,  in order  to obtain  the maximum  benefit  at Community  level  from work 

already  carried  out  by  these  organizations,  it  would  be  appropriate  to 

establish  a  network  to  form  a  European  monitoring  system  for  collecting 

information  on  health  and  safety  at  work,  to  be  coordinated  at  Community 

level by a European Agency  for Safety  and Health  at Work; 

Whereas,  in order  to  be  able  to  respond  more  effectively  to  requests  while 

maintaining  its  responsibility  for  monitoring  the  application  of  Community 

law,  the  Commission  needs  a  flexible  instrument  designed  to  collect  and 

process  information, with  a  structure  and  with  working  programmes  geared  to 

the Commission's own  functional  requirements and priorities; 

Whereas  it  is  therefore  appropriate  to  set  up  a  European  Agency  for  Safety 

and  Health  at  Work  responsible  for  assisting  the  Commission  in carrying  out 

the tasks described  above; 

12 -

Whereas  the  rules  and  structure  of  the  Agency  must  be  geared  towards  the 

nature  of  the  results  desired  and  should  be  such  that  it  can  carry  out  its 

work  in cooperaton with existing national  and  international  bodies; 

Whereas  the  Agency  must  be  able  to  invite  as  observers  representatives  of 

third  countries  and  international  organizations  who  share  the  interests  of 

the Community  and  the Member  States  in the aims of  the Agency-, 

Whereas  the  Agency  must  bave  legal  autonomy,  while  maintaining  close  links 

with  the Community  institutions; 

Whereas, for  the adoption of  this Régulât ion, the Treaty  does not provide for 

powers other  than those referred  to  in Article 235, 

HAS ADOPTED THIS REGULATION: 

Article 1 

A  European  Agency  for  Safety  and  Health  at  Work,  hereinafter  called  the 

"Agency",  is hereby established. 

Its headquarters are  located at 

in 

Article  2 

In order  to promote  the  improvement  of  the working environment  in particular, 

and  to protect  the safety and health of workers as provided  for  in the Treaty 

and  successive  action  programmes  concerning  health  and  safety  at  the 

workplace,  the  aim  of  the  Agency  shall  be  to  provide  the  Community,  the 

Member  States  and  those  involved  in  the  field  with  all  the  technical, 

scientific  and  economic  information  required  in  the  field  of  safety  and 

health at  the workplace. 

-  13 -

Article  3 

For  the  purpose  of  achieving  the  aim  described  in Article  2,  the  Agency's 

role shalI be: 

(a) to  provide  the  Commission  with  the  technical  and  scientific 

assistance  necessary  for  the  formulation  and  evaluation  of  measures 

envisaged  in this field; 

(b) to  set  up, with  the  help  of  the  Member  States,  and  coordinate  the 

network  provided  for  in  Article  4  for  the  purpose  of  exchanging 

information  and  experience  and, where  appropriate,  to coordinate  the 

activities of  the organizations  involved at Community  level; 

(c) to  promote  the  exchange  of  information  and  be  responsible  for  its 

dissemination to all  those concerned; 

(d) to organize  training courses for experts,  including  instructors, and, 

if  necessary,  exchanges  between  experts  in  the  different  Member 

States; 

(e) to  help  ensure  that  national  data  on  safety  and  health  at  the 

workplace  are  comparable  and  to  identify  data  which  need  to  be 

harmonized; 

(f) to  promote  cooperation  in  monitoring  the  application  of  measures 

relating to safety and health at  the workplace-, 

(g) to  cooperate  with  other  Community  bodies  and  programmes,  and  in 

particular  with  the  Statistical  Office  and  the  Community  research 

programmes  for  the  definition  of  research  requirements  and 

exploitation  of  research  results, on  matters  relating  to  safety  and 

health at  the workplace; 

(h) to cooperate with other  international organizations such as the World 

Health  Organization  and  the  International  Labour  Office,  and  with 

other  institutions and organizations  in non-member  countries; 

-  14 

( « ) to  carry  out  other  tasks  laid  down  by  the  Commission  with  the 

agreement of  the Administrative Board. 

Article  4 

1.  The Agency  shall  set up a network  comprising the following: 

the main components of  the national  information networks-, 

national  focal points-, 

- 

thematic centres. 

2.  To  enable  the  network  to  be  set  up  as  quickly  and  efficiently  as 

possible,  the Member  States must  notify  the Agency  within  six  months of 

the entry  into  force of  this Regulation  of  the main  components  of  their 

national  information networks on health and safety  at work,  including any 

institutions which  they feel might  assist  the Agency with  its work, given 

that  the geographical  coverage of  their  territory needs to be as complete 

as possible. 

3.  More particularly, they may specify  among  the  institutions  referred  to in 

paragraph  2 or  other  organizations  in  their  territory  a  "national  focal 

point" to be responsible  for coordinating  and/or  forwarding  national  data 

to  the  Agency  and  the  institutions  or  bodies  belonging  to  the  network, 

including  the thematic centres referred  to  in paragraph  4. 

4.  Within  the period  referred  to  in paragraph  2, the Member  States may  also 

nominate  institutions  or  other  organizations  in  their  territory  which 

might  be specifically appointed  to work with  the Agency on certain  topics 

of  particular  interest.  Any  such  institution  or  other  organization 

should  be  in a position  to conclude  an  agreement  with  the Agency  to act 

as  a  thematic  centre  for  the network,  carrying  out  specific  tasks  for a 

ciearly  defined  geographical  area.  The  centres  shall  cooperate  with 

other  institutions or organizations belonging  to the network. 

15 -

5.  Within six months of  receipt of  the  information  referred  to  in paragraphs 

2  and  3,  the Agency  shall  confirm  the main  components  of  the  network  by 

means  of  a  decision  of  the  Administrative  Board  and  in  accordance  with 

the arrangements  referred  to  in Article 5. 

The  thematic  centres  shall  be  appointed  by  a  unanimous  decision  of  the 

Administrative Board  for a period of not more than three years.  However, 

the appointment may be renewed. 

6.  The  specific  tasks  of  the  thematic  centres  shall  be  listed  in  the 

Agency's annual  work programme  referred  to  in Article  10(1). 

7.  The Agency  shall,  in the  light of  experience, periodically  reexamine  the 

main  components  of  the  network  referred  to  in  paragraph  2  and  shall 

implement  any  changes  decided  upon  by  the  Administrative  Board,  taking 

account, where appropriate, of any new designations by  the Member States. 

Article 5 

The  Agency  may  reach  an  agreement  with  the  institutions or  bodies  belonging 

to  the  network  referred  to  in Article  4  on  the  arrangements  required,  and 

particularly  contracts, for  them  to carry out  their  tasks.  Member  States may 

stipulate  that  such  arrangements  with  the Agency  in  respect  of  institutions 

or  national  bodies on  their  territory  should  be  concluded  in agreement  with 

the national  focal  point. 

Article 6 

The  information and data supplied  to the Agency or  disseminated  by  it may 

be published  and shall  be accessible  to the public, provided  that  they comply 

with  the rules of  the Community  and  the Member  States on  the dissemination of 

information, particularly  as regards confidentiality. 

-  16 

Article 7 

The Agency  shall  have  legal  personality.  In all  Member  States  it shall  have 

the most extensive  legal capacity accorded  to  legal persons under  their  laws. 

Article  8 

1.  The Agency  shall  have an Administrative Board consisting of: 

(a) a representative from each Member  State, 

(b) 12  representatives  from  the  two  sides  of  industry  in  the  Member 

States,  comprising  six  representatives  from  workers'  trade  union 

organizations  and  six  representatives  from  employers'  professional 

organizations, and 

(c) three Commission  representatives. 

2.  The members  referred  to  in paragraph  1 (a) and  (b) shall  be appointed  by 

the  Commission  after  consultations  with  the  Member  States.  The  members 

referred  to  in paragraphe  (b) shall  be chosen by  the Commission  from  the 

members  of  the  Advisory  Committee  on  Safety,  Hygiene  and  Health 

Protection at Work. 

In  addition  to  the  members,  the  Commission  shall  appoint,  by  the  same 

procedure, deputies who shall  take part  in meetings  in the absence of  the 

member. 

The  members  and  deputies  representing  the Commission  shall  be  appointed 

by  the Commission. 

3.  The  members  of  the  Administrative  Board  shall  be  appointed  for  three 

years and  their  appointments  shall  be  renewable. On  expiry  of  their  term 

of  office,  or  should  they  resign,  the  members  shall  remain  in  office 

until  such  time  as  their  term  of  office  is renewed  or  a  replacement  is 

found. 

- 17 -

4.  The Administrative Board shall  be chaired by a Commission  representative. 

Each member of  the Administrative Board shall  have one vote. 

5.  The  Chairman  shall  call  a  meeting  of  the  Administrative  Board  at  least 

twice  a  year  and,  in addition, at  the  request  of  at  least  one-third  of 

the members. 

6.  Decisions  of  the  Administrative  Board  shall  be  taken  by  a  two-thirds 

majority, without prejudice to Article  4(5). 

7.  The Chairman of  the Administrative Board and the Director of  the European 

Foundation  for  the  Improvement  of  Living  and  Working  Conditions  shall 

attend meetings of  the Administrative Board as observers. 

Article 9 

The  Administrative  Board  may, with  the  agreement  of  the  Commission,  invite 

representatives  of  non-member  countries  and  international  organizations  as 

observers. 

* 

1.  The  Administrative  Board  shall  adopt  the Agency's  annual  work  programme 

on  the  basis of  a  draft  drawn  up  by  the  Director  in agreement  with  the 

Commission. 

The programme may be adapted during  the year using  the same procedure. 

2.  By  31  January  each  year  at  the  latest,  the  Administrative  Board  shall 

adopt  an  annual  general  report  on  the Agency's  activities.  The  Director 

shall  communicate  it  to  the  European  Parliament,  the  Council,  the 

Commission, the Economic and Social  Committee and  the Member States. 

- 18 -

Artie!» 11 

1.  The  Agency  shall  be  run  by  a  Director  appointed  by  the  Administrative 

Board  on  a  proposal  from  the  Commission  for  a  period  of  five  years;  the 

appointment  shall  be  renewable. 

2.  The Director  shalI  be  the  legal  representative of  the Agency  and  shall  be 

responsible  for: 

the  proper  preparation  and  implementation  of  the  work  programme  and 

of  decisions taken by  the Administrâtive  Board, 

the day-to-day  administration of  the  Agency, 

the  preparation  and  publication  of  the  report  referred  to  in Article 

10, 

the execution of  the work  described, 

all  personnel  matters, 

the preparation  of Administrative  Board  meetings. 

3.  The Director  shall  report  on  his activities  to  the Administrative  Board. 

Article  12 

1.  All  the  Agency's  revenue  and  expenditure  shall  be  covered  by  estimates 

for  each  financial  year,  running  from  1 January  to 31  December,  and  shall 

be shown  in the Agency's  budget. 

2.  Revenue  and  expenditure  shall  balance. 

3.  Without  prejudice  to other  resources  obtained  from  payments  made  for  the 

services  of  the  Agency,  the  Agency's  revenue  shall  include  a  Community 

grant  shown  in the general  budget  of  the  European  Communities. 

-  19 -

The  Agency's  main  expenditure  shall  include  remuneration  of  personnel, 

administrative  and  infrastructure  costs, operating  costs  and  expenditure 

relating  to contracts entered  into with  institutions or organizations  in 

implementation of  the work programme. 

Article  13 

1.  By  31 March  each  year  at  the  latest, after  consulting  the Administrative 

Board,  the  Director  shall  draw  up  a  draft  estimate  of  the  Agency's 

revenue  and  expenditure  for  the  following  year,  together  with  a  list of 

posts. 

2.  The  Director  shall  forward  the draft  estimate  to the Commission. On  this 

basis  the Commission  shall  decide  on  the  estimates  to be  entered  in the 

preliminary  draft  budget  which  it  shall  place  before  the  Council,  in 

accordance with Article 203 of  the EEC Treaty. 

3.  The Administrative Board  shall  adopt  the Agency's  budget  by  the  start of 

the  financial  year  in question, making  any  adjustments  required  to  take 

account of  the Community subsidy  and  the Agency's other  resources. 

Article  14 

1.  The Director  shall  implement  the Agency's budget. 

2.  The  Commission's  financial  controller  shall  be  responsible  for 

supervising  the authorization and payment of all  the Agency's expenditure 

and  the determination and collection of all  its revenue. 

3.  By  31  March  each  year  at  the  latest,  the  Director  shall  send  the 

Commission,  the  Administrative  Board  and  the  Court  of  Auditors  the 

accounts  of  all  the  Agency's  revenue  and  expenditure  for  the  previous 

year.  The  Court  of  Auditors  shall  examine  these  accounts  in  accordance 

with Article 206a of  the EEC Treaty. 

-  20 -

4.  The  Administrative  Board  shall  give  a  discharge  to  the  Director  in 

respect of  the  implementation of  the budget. 

Art»Ç»s 15, 

With  the agreement of  the Commission, the Administrative Board  shall  make  the 

internal  financial  arrangements, specifying  in particular  the  detailed  rules 

to be adopted  for establishing and  implementing  the Agency's budget. 

Article  16 

The  Protocol  on  the  Privileges  and  Immunities  of  the  European  Communities 

shall  apply  to the Agency. 

Article  17 

1.  The staff  of  the Agency  shall  be subject  to the administrative  rules and 

regulations  applicable  to  the  officials  and  other  servants  of  the 

European Communities. 

2.  With  regard  to  its personnel, the Agency  shall  have  the powers  conferred 

upon  it by the appointing authority. 

3.  The  Administrative  Board,  in  agreement  with  the  Commission,  shall  lay 

down appropriate rules of application. 

Article 18 

1.  The  Agency's  contractual  liability  shall  be  governed  by  the  law 

applicable  to  the  contract  in  question.  The  Court  of  Justice  of  the 

European  Communities  shall  have  Jurisdiction  pursuant  to  an  arbitration 

clause contained  in a contract  concluded  by  the Agency. 

-  21 -

2.  In the case of non-contractual  liability, the Agency  shall, in accordance 

with  the general  principles common to the  taws of  the Member  States, make 

good any damages caused by  it or by  its servants  in the exercise of  their 

dut ies. 

The Court of  Justice shall  have  Jurisdiction  in any disputes  relating  to 

compensation for such damages. 

3.  The  personal  liability  of  its  servants  towards  the  Agency  shall  be 

governed  by  the provisions applicable  to the Agency's personnel. 

Article  19 

This  Regulation  shall  enter  into  force  on  the  twentieth  day  following  that 

of  its publication  in the Official  Journal  of  the European Communities. 

This  Regulation  shall  be  binding  in  its entirety  and  directly  applicable  in 

a 11 Member States. 

Done at  Brussels, 

For  the Council 

The President 

-  22 -

FINANCIAL  STATEMENT 

1.  Budgetary  heading 

Chapter  B3-43,  item 3-4311  "European Agency  for Safety  and  Health". 

2•  Classificat ion 

Non-compulsory  expenditure 
Non-differentiated appropriations 

3.  Legal  basis 

Council  Regulation  of 
Agency  for Safety  and Health at Work. 

concerning  the  creation  of  a  European 

4.  Description  and  Justification of  the action 

In  its  Resolution  of  21  December  1987,  the  Council  called  on  the 
Commission  to promote cooperation and  increase the exchange of experience 
and  information  in the  field of  safety, hygiene  and  health  protection  at 
work. The Council  also  asked  the Commission  in  Its Resolution  to examine 
the  possibility  of  studying  the  repercussions  at  national  level  of 
Community  measures  taken  in this  field. 

The main function of such an Agency would  be to provide  the Community  and 
the  Member  States  with  information  and  expertise,  especially  in  the 
working  environment,  in the  field  of occupational  safety  and  health, and 
to  assist  the  Commission  in  the  implementation  of  its  various  action 
programmes,  in order  to strengthen  and expand  the social  dimension  of the 
Internal  Market.  It  should  become  a  centre  of  excellence,  the  focal 
point  in the Community  for  the scientific  and  technical  aspects of  health 
and safety  at work. 

The specific tasks of  the Agency  are: 

a)  to  provide  the  Commission  with  the  technical  and  scientific 
assistance  necessary  for  the  formulation  and  evaluation  of  measures 
envisaged  in this  field; 

b)  to  set  up  in cooperation  with  the Member  States  and  to  coordinate a 
network  of  national  organizations  for  the  purpose  of  exchanging 
information  and  experience  and, where  appropriate,  to coordinate  the 
work  of  these  organizations  at  European  level,  particularly  in  the 
field of  research; 

c)  to  promote  the  exchange  of  information  and  be  responsible  for  its 

dissemination  to all  those concerned; 

-  23 -

d)  to organize  training  courses  for  experts,  including  instructors, and 
if  necessary  exchanges  between  experts  in  the  different  Member 
States; 

e)  to  help  ensure  that  national  data  on  safety  and  health  at  the 
workplace  are  comparable  and  to  identify  data  which  need  to  be 
harmonized; 

f)  to promote  cooperation  in monitoring  measures  relating  to safety  and 

health at  the workplace; 

g)  to cooperate  with other  Community  programmes, and  in particular  with 
the Statistical  Office  and  the Community  research  programmes  for  the 
definition  of  research  requirements  and  exploitation  of  research 
results, on matters relating  to safety and health at  the workplace; 

h)  to cooperate with other  international organizations such as the World 
Health  Organization  and  the  International  Labour  Office,  and  with 
other  institutions or bodies  in third countries; 

i)  to  carry  out  other  tasks  laid  down  by  the  Commission  with  the 

agreement of  the Administrative Board . 

5.  Nature of  expenditure 

Contribution  entered  in  the  General  Budget  of  the  European  Communities 
and paid to the Agency. 

6.  Appropriation requested 

The appropriation required  for a full  financial  year  is: 

1.  Personnel 
2.  Operation 
3.  Organization  and distribution 

ECU 2.2 mi 11 ion 
ECU 1.0 mi 11 ion 
ECU 2.8 mi 11 ion 
ECU 6.0 mi 11 ion 

1.  Personnel  costs  comprise  all  expenses  relating  to  recruitment, 

remuneration, training,  insurance and personnel  allowances. 

The budget corresponds to 40 persons: 

A or LA grade staff .-

1 director 
9  translators 
10  research  and  administrative  officials  (data  processing, 
publication, management) 

B grade 

5  assistants 

C grade 

12 secretaries 

" 
i 

I 

v 

\ 
* 
^ 
'* 

-  24 -

D grade 

3 messengers/drivers 

2.  The operating costs comprise: 

- expenses  relating  to buildings  (possibly  renting,  installation) 
-  documentation costs  (library, data  bank) 

-  sundry expenditure on supplies and  equipment 

3.  Organization and distribution expenses  comprise: 

-  publication and other  dissemination expenses 
-  the costs of organizing meetings and seminars, etc. 
-  subsidies  for work  carried out. 

Budgetary  impact 
The  Community  contribution  will  be  financed  through  item  B3-4311.  The 
Commission's  financial  contribution has been calculated  on  the basis of a 
full  financial  year. 

It may  be  re-examined  according  to  the date of  the Council  Decision,  the 
sum paid being  based on  the date on which  the  Institute commences  work. 

The  Community's  financial  contribution  to  the Agency  will  be  determined 
by  the budgetary  authority during  the annual  budgetary  procedure. 

- 25 -

Impact  Statement 

on competitiveness and  employment 

1 .  WHAT  IS THE MAIN  JUSTIFICATION FOR THIS MEASURE? 

The main  Justification for  the proposal  for  a regulation  is to provide 
the Commission  with direct  access to  information and expertise, 
especially  in the field of occupational  safety  and  health, and  to assist 
the Commission  in the  implementation of  its successive action  programmes 
The proposal  should also assist  the Commission  with  its contacts  in the 
field of safety and health at regional, national  and  international  level 

2.  TYPES OF BUSINESSES  INVOLVED 

a.  Are small  businesses  involved? 

Insofar  as businesses are  involved  at all, all  types are affected 
equally. 

b.  Is there a concentration  in regions: 

i)  eligible for  regional  aid  in the Member  States? 

ii)  eligible  for aid  from  the ERDF? 

No. 

3.  WHAT DIRECT OBLIGATIONS ARE  IMPOSED ON BUSINESSES? 

The proposal  for a regulation does not  impose any  direct  obligations on 
businesses. The aim of  the Agency  is to supply  information for the 
Community  and  the Member  States;  it will  not  have any  legislative 
funct ion. 

4.  WHAT  INDIRECT OBLIGATIONS ARE LOCAL AUTHORITIES LIKELY TO  IMPOSE ON 

BUSINESSES? 

The proposal  does not contain any obligations  likely  to be  imposed 
indirectly  on businesses by  the  local  authorities.  It should be noted 
that  businesses will  benefit  from some of  the measures  planned, 
particularly  in the field of  training  and  information. 

5.  ARE  THERE ANY SPECIAL MEASURES  IN RESPECT OF  SMEs? 

No. 

- 26 -

6.  WHAT  IS THE LIKELY  EFFECT? 

a.  on  the competitiveness of businesses 

The proposal  for a regulation should  help to  improve occupational  safety 
and  health  in businesses by helping all  those  involved  to become better 
informed, by coordinating work carried out  by various bodies  in the field 
of occupational  safety  and health and organizing  exchanges of experience, 
by carrying out  studies and  research  in this field, and  by organizing 
training  courses. The reduction  in time  lost as a result  of  accidents and 
work-related  illnesses should help to make businesses more  competitive 
without  adversely  affecting  employment. 

b.  on employment 

By helping  to  improve  the  level of protection provided  for  health and 
safety  in businesses, the proposal  will enable  them  to become more 
efficient  - reducing  the amount of time  lost as a result  of  accidents and 
work-related  illnesses - thereby  increasing  their  competitiveness without 
adversely  affecting  employment. 

7.  HAVE BOTH SIDES OF  INDUSTRY BEEN CONSULTED? 

WHAT WAS THEIR OPINION? 

The social  partners were consulted  in the Advisory  Committee  on Safety, 
Hygiene and Health Protection at Work. 

The Advisory  Committee  came out generally  in favour  of  the proposal  at 
its meeting on  29 and  30 May 1990. 

ISSN 0254-1475 

COM(90) 564 final 

DOCUMENTS 

EN 

04 

Catalogue number : CB-CO-91-386-EN-C 

ISBN 92-77-75634-9 

Office  for Official  Publications of the European Communities 
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