European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (7914/1/2001 REV 1 - C5-0293/2001 - 1992/0449(COD))
Date: 2001-10-23
Institutions: European Parliament
Subjects: labour standard, mechanical vibration, occupational health, occupational safety

C 112 E/122

Official Journal of the European Communities

EN

9.5.2002

Tuesday 23 October 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 13
Article 9a (new)

Article 9a

Public administration

Member States shall examine in cooperation with the social
partners appropriate ways to implement the principles laid
down in this Directive in public administrations.

Article 10

Transitional provisions

Amendment 15
Article 10

Deleted

Notwithstanding Article 3, a Member State in which there is,
at the date of entry into force of this Directive, no general,
permanent and statutory system of information and consul-
tation of employees, nor a general, permanent and statutory
system of employee representation at the workplace allowing
employees to be represented for that purpose, may limit the
application of the national provisions implementing this
Directive to:

(a) undertakings employing at least 150 employees or estab-
lishments employing at least 100 employees until … (*),
and

(b) undertakings employing at least 100 employees or estab-
lishments employing at least 50 employees during the
two years following the date in point (a).

(*) Five years after the entry into force of this Directive.

11. Exposure of workers to risks arising from physical agents ***II

A5-0320/2001

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on the minimum health and safety requirements regarding
the exposure of workers to the risks arising from physical agents (vibration) (16th individual
Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (7914/1/2001 Rev. 1 0
C5-0293/2001 0 1992/0449(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:23) having regard to the Council common position (7914/1/2001 Rev. 1 (cid:23) C5-0293/2001),

(cid:23) having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1992) 560) (2),

(1) OJ C 128, 9.5.1994, p. 146.
(2) OJ C 77, 18.3.1993, p. 12.

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(cid:23) having regard to the Commission’s amended proposal (COM(1994) 284) (1),

Tuesday 23 October 2001

(cid:23) having regard to Article 251(2) of the EC Treaty,

(cid:23) having regard to Rule 80 of its Rules of Procedure,

(cid:23) having regard to the recommendation for second reading of the Committee on Employment and

Social Affairs (A5-0320/2001),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 3

(3) As a first step, it is considered appropriate to introduce
from the risks arising from
measures protecting workers
vibrations owing to their effects on the health and safety of
workers,
in particular muscular/bone structure, neurological
and vascular disorders. These measures are intended not only
to ensure the health and safety of each worker on an individual
basis, but also to create a minimum basis of protection for all
Community workers in order to avoid possible distortions of
competition.

it is considered necessary to introduce
(3) As a first step,
from the risks arising from
measures protecting workers
vibrations owing to their effects on the health and safety of
workers,
in particular muscular/bone structure, neurological
and vascular disorders. These measures are intended not only
to ensure the health and safety of each worker on an individual
basis, but also to create a minimum basis of protection for all
Community workers in order to avoid possible distortions of
competition. It is necessary to adopt as soon as possible direc-
tives on the other physical agents (noise, optical radiation
and electromagnetic fields and waves) not covered by this
Directive.

Amendment 2
Article 3, paragraph 2, subparagraph 1, points (a) and (b)

(a)

(b)

the daily exposure limit value standardised to an eight-
hour reference period shall be 1,15 m/s2 or, at the choice
of the Member State concerned, a vibration dose value of
21 m/s1,75,

the daily exposure action value standardised to an eight-
hour reference period shall be 0,6 m/s2 or, at the choice
of the Member State concerned, a vibration dose value of
11 m/s1,75.

(a)

(b)

the daily exposure limit value standardised to an eight-
hour reference period shall be 0,8 m/s2 or, at the choice
of the Member State concerned, a vibration dose value of
14,6 m/s1,75,

the daily exposure action value standardised to an eight-
hour reference period shall be 0,5 m/s2 or, at the choice
of the Member State concerned, a vibration dose value of
8,5 m/s1,75.

Amendment 3
Article 5, paragraph 2, point (c)

(c)

the provision of auxiliary equipment that reduces the risk
of injuries caused by vibration, such as seats that effec-
tively reduce whole-body vibration;

(c)

the provision of auxiliary equipment that reduces the risk
of injuries caused by vibration, such as seats that effec-
tively reduce whole-body vibration and equipment fitted
with vibration-reducing handles;

(1) OJ C 230, 19.8.1994, p. 3.

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9.5.2002

Tuesday 23 October 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 4

Article 8, paragraph 3, point (aa) (new)

(aa)

the employer shall be informed of any significant find-

ings from the health surveillance;

Amendment 5

Article 9

With regard to implementation of the obligations laid down in
Article 5(3), Member States shall be entitled to make use of a
maximum transitional period of six years from … (*) where
work equipment
is used which was given to workers
before … (**) and which does not permit the exposure limit
values to be respected, taking into account the latest technical
advances and/or the organisational measures taken.

1. With regard to implementation of the obligations laid
down in Article 5(3), Member States shall be entitled to make
use of a maximum transitional period of five years from … (*)
where work equipment is used which was given to workers
before … (**) and which does not permit the exposure limit
values to be respected, taking into account the latest technical
advances and/or the organisational measures taken.

With regard to equipment used in the agriculture and forestry
sectors, Member States shall be entitled to extend the maxi-
mum transitional period by up to 3 years.

With regard to equipment used in the agriculture and forestry
sectors, Member States shall be entitled to extend the maxi-
mum transitional period by up to 3 years.

2.
The derogations referred to in paragraph 1 shall be
granted by Member States following consultation with the
social partners in accordance with national law and practice.

(*) Three years after the entry into force of this Directive.
(**) Six years after the entry into force of this Directive.

(*) Two years after the entry into force of this Directive.
(**) Three years after the entry into force of this Directive.

Amendment 11

Article 10, paragraph 1

In compliance with the general principles of health and
1.
safety protection for workers, Member States may, in the case
of sea and air transport, derogate from Article 5(3) in duly jus-
tified circumstances with respect
to whole-body vibration
where, given the state of the art and the specific characteristics
of workplaces, it is not possible to comply with the exposure
limit value despite the technical and/or organisation measures
taken.

In compliance with the general principles of health and
1.
safety protection for workers, Member States may, in the case
of sea and air transport, agriculture and forestry, derogate
from Article 5(3) in duly justified circumstances with respect
to whole-body vibration where, given the state of the art and
the specific characteristics of workplaces, it is not possible to
comply with the exposure limit value despite the technical and/
or organisational measures taken.

1a.
In the case of agriculture and forestry, the daily expo-
sure limit value shall be determined no later than … (*) in
the light of the latest research and scientific information
available.

(*) Five years after the entry into force of this Directive.

Amendment 6

Article 13

Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,
indicating the points of view of both sides of industry.

Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,
indicating the points of view of the social partners. This report

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COUNCIL
COMMON POSITION

On the basis of those reports, the Commission shall inform the
European Parliament, the Council, the Economic and Social
Committee and the Advisory Committee on Safety, Hygiene
and Health Protection at Work thereof.

Tuesday 23 October 2001

AMENDMENTS
BY PARLIAMENT

shall include a list, giving detailed reasons, of the transitional
arrangements and derogations which the Member States have
adopted. It shall also contain a description of best practice for
preventing vibrations with a harmful effect on health and of
other forms of work organisation, together with the action
taken by the Member States to impart knowledge of such
best practice.

On the basis of those reports, the Commission shall carry out
an overall assessment of the implementation of the Directive,
including implementation in the light of research and scien-
tific information, and shall inform the European Parliament,
the Council, the Economic and Social Committee and the Advi-
sory Committee on Safety, Hygiene and Health Protection at
Work thereof and, if necessary, propose amendments.

12. Environment: public participation in drawing up plans and programmes ***I

A5-0321/2001

Proposal for a European Parliament and Council directive on providing for public participation in
respect of the drawing up of certain plans and programmes relating to the environment and
amending Council directives 85/337/EEC and 96/61/EC (COM(2000) 839 0 C5-0027/2001 0 2000/
0331(COD))

The proposal was amended as follows:

TEXT PROPOSED
BY THE COMMISSION (1)

AMENDMENTS
BY PARLIAMENT

Amendment 1

RECITAL 1

(1) Community legislation in the field of the environment
aims to contribute to preserving, protecting and improving
the quality of the environment and protecting human health.

(1) Community legislation in the field of the environment
aims to contribute to preserving, protecting and improving
the quality of the environment and protecting individual and
public health.

Amendment 2

RECITAL 2

(2) Community environmental legislation includes provisions
for public authorities and other bodies to take decisions which
may have a significant effect on the environment as well as on
personal health and well-being.

(2) Community legislation, plans and programmes relating
to the environment and to other fields of policy include provi-
sions for public authorities and other bodies to take decisions
which may have a significant effect on the environment as well
as on individual and public health and well-being.

(1) OJ C 154 E, 29.5.2001, p. 123.