Common Position (EC) No 8/2002 of 29 October 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the mimimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 2001-10-29
Institutions: Council of the European Union
Subjects: European standard, noise protection, occupational health, occupational safety, working conditions

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COMMON POSITION (EC) No 8/2002

adopted by the Council on 29 October 2001

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council of
. . . on the minimum health and safety requirements regarding the exposure of workers to the risks
arising from physical agents (noise) (17th individual Directive within the meaning of Article 16(1)
of Directive 89/391/EEC)

(2002/C 45 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 137(2) thereof,

from the Commission (1),
Having regard to the proposal
submitted after consultation with the Advisory Committee on
Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of
Committee (2),

the Economic and Social

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1) Under the Treaty the Council may adopt, by means of
directives, minimum requirements
encouraging
improvements, especially in the working environment, to
guarantee a better level of protection of the health and
safety of workers. Such directives are to avoid imposing
administrative,
financial and legal constraints in a way
which would hold back the creation and development of
small and medium-sized undertakings.

for

(2) While, in accordance with the Treaty, this Directive does
not prevent any Member State from maintaining or intro-
ducing more stringent protective measures, its implemen-
tation should not serve to justify any regression in relation
to the situation which already prevails in each Member
State.

(3) Council Directive 86/188/EEC of 12 May 1986 on the
protection of workers from the risks related to exposure
to noise at work (4) made provision for its re-examination

(1) OJ C 77, 18.3.1993, p. 12 and
OJ C 230, 19.8.1994, p. 3.
(2) OJ C 249, 13.9.1993, p. 28.
(3) Opinion of the European Parliament of 20 April 1994 (OJ C 146,
9.5.1994, p. 128), confirmed on 16 September 1999 (OJ C 54,
25.2.2000, p. 75), Council Common Position of 29 October
2001 and Decision of the European Parliament of
(not yet
published in the Official Journal).

. . .

(4) OJ L 137, 24.5.1986, p. 28. Directive as amended by Directive

98/24/EC (OJ L 131, 5.5.1998, p. 11).

by the Council on a proposal from the Commission and
with a view to reducing the risks concerned, taking into
account
in scientific
knowledge and technology.

in particular progress made

(4) The

for

communication from the Commission on its
programme concerning safety, hygiene and health at
work (5) provides
to
promote safety at work, particularly with a view to
extending the scope of Directive 86/188/EEC and the
re-evaluation of the threshold values. The Council, in its
resolution of 21 December 1987 on safety, hygiene and
health at work (6), took note of this.

the adoption of measures

(5) The communication from the Commission concerning its
action programme relating to the implementation of the
Community Charter of the Fundamental Social Rights of
Workers provides for the introduction of minimum health
and safety requirements regarding the exposure of workers
to the risks caused by physical agents. In September 1990
the European Parliament adopted a resolution concerning
this action programme (7),
inviting the Commission in
particular to draw up a specific directive on the risks
caused by noise and vibration and by any other physical
agent at the workplace.

(6) As a first step, the European Parliament and the Council
adopted on . . . Directive 2001/. . ./EC on the minimum
health and safety requirements regarding the exposure of
workers
agents
(vibration) (16th individual Directive within the meaning
of Article 16(1) of Directive 89/391/EEC) (8).

arising from physical

to the

risks

in particular

(7) As a second step, it is considered appropriate to introduce
measures protecting workers from the risks arising from
noise owing to its effects on the health and safety of
workers,
to hearing. 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
to avoid possible distortions of
competition.

in order

damage

(5) OJ C 28, 3.2.1988, p. 3.
(6) OJ C 28, 3.2.1988, p. 1.
(7) OJ C 260, 15.10.1990, p. 167.
(8) OJ L . . .

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(8) Current scientific knowledge of the effects which exposure
to noise may have on health and safety is not sufficient to
enable precise exposure levels covering all risks to health
and safety, especially as regards the effects of noise other
than those of an auditory nature, to be set.

Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (2),

for

(9) A system of protection against noise must limit itself to a
definition, free of excessive detail, of the objectives to be
attained, the principles to be observed and the funda-
in order to enable Member
mental values to be used,
States
in an
equivalent manner.

to apply the minimum requirements

HAVE ADOPTED THIS DIRECTIVE:

SECTION I

GENERAL PROVISIONS

Article 1

Aim and scope

(10) The level of exposure to noise can be more effectively
reduced by incorporating preventive measures into the
design of work stations and places of work and by
selecting work equipment, procedures and methods so
as
source.
Provisions relating to work equipment and methods thus
contribute to the protection of the workers involved.

to give priority to reducing the risks at

1.
This Directive, which is the 17th individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC,
lays down minimum requirements
the protection of
workers from risks to their health and safety arising or likely
to arise from exposure to noise and in particular the risk to
hearing.

for

(11) The Code on Noise Levels on Board Ships of the Inter-
national Maritime Organisation Resolution A 468 (12)
provides guidance for achieving a reduction of noise at
source on board ships. Member States should be entitled
to provide for a transitional period with regard to the
personnel on board seagoing vessels.

2.
The requirements of this Directive shall apply to activities
in which workers are or are likely to be exposed to risks from
noise as a result of their work.

Directive 89/391/EEC shall apply fully to the whole area
3.
referred to in paragraph 1, without prejudice to more stringent
and/or specific provisions contained in this Directive.

(12) Employers

should make adjustments

in the light of
technical progress and scientific knowledge regarding
risks
related to exposure to noise, with a view to
improving the health and safety protection of workers.

(13) Since this Directive is an individual Directive within the
meaning of Article 16(1) of Council Directive 89/391/EEC
of 12 June 1989 on the introduction of measures to
encourage improvements in the safety and health of
to the
workers
exposure of workers to noise, without prejudice to more
specific provisions contained in this
stringent and/or
Directive.

that Directive

at work (1),

applies

(14) This Directive constitutes a practical step towards creating

the social dimension of the internal market.

Article 2

Definitions

For the purposes of this Directive, the physical parameters used
as risk predictors are defined as follows:

(a) peak sound pressure (ppeak): maximum value of
(cid:145)C(cid:146)-frequency weighted instantaneous noise pressure;

the

(b) daily noise exposure level (LEX,8h) (dB(A) re. 20 (cid:236)Pa): time-
weighted average of the noise exposure levels for a nominal
eight-hour working day as defined by international standard
ISO 1999: 1990, point 3.6. It covers all noises present at
work, including impulsive noise;

(15) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council

(c) weekly noise exposure level (LEX,8h): time-weighted average
of the daily noise exposure levels for a nominal week of
five eight-hour working days as defined by international
standard ISO 1999:1990, point 3.6 (note 2).

(1) OJ L 183, 29.6.1989, p. 1.

(2) OJ L 184, 17.7.1999, p. 23.

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Article 3

Exposure limit values and exposure action values

For the purposes of

1.
values and exposure action values in respect of
noise exposure levels and peak sound pressure are fixed at:

this Directive the exposure limit
the daily

(a) exposure limit values: LEX,8h = 87 dB(A) and ppeak =

200 Pa (1) respectively;

(b) upper exposure action values: LEX,8h = 85 dB(A) and ppeak

= 200 Pa (2) respectively;

(c)

lower exposure action values: LEX,8h = 80 dB(A) and ppeak
= 112 Pa (3) respectively.

These methods and this apparatus shall make it possible to
determine the parameters defined in Article 2 and to decide
whether, in a given case, the values fixed in Article 3 have been
exceeded.

The methods used may include sampling, which shall be

3.
representative of the personal exposure of a worker.

The

referred

assessment

and measurement

4.
to in
paragraph 1 shall be planned and carried out by competent
services at suitable intervals, taking particular account of the
provisions of Article 7 of Directive 89/391/EEC concerning the
necessary competent services or persons. The data obtained
from the assessment and/or measurement of
the level of
exposure to noise shall be preserved in a suitable form so as
to permit consultation at a later stage.

2. When applying the exposure limit values, assessment of
the noise exposure level shall take account of the attenuation
provided by the individual hearing protectors worn by the
worker. The exposure action values shall not take account of
the effect of any such protectors.

5. When applying this Article,
the
measurement results shall take into account the measurement
inaccuracies determined in accordance with metrological
practice.

the assessment of

3.
In duly justified circumstances, for activities where daily
noise exposure varies markedly from one working day to the
next, Member States may, for the purposes of applying the
exposure limit values and the exposure action values, use the
weekly noise exposure level
the daily noise
exposure level to assess the levels of noise to which workers
are exposed, on condition that:

in place of

Pursuant

to Article 6(3) of Directive 89/391/EEC,

6.
the
employer shall give particular attention, when carrying out
the risk assessment, to the following:

(a)

the level, type and duration of exposure,
exposure to impulsive noise;

including any

(a) the weekly noise exposure level as shown by adequate
monitoring, does not exceed the exposure limit value of
87 dB(A), and

(b) the exposure limit values and the exposure action values

laid down in Article 3 of this Directive;

(b) appropriate measures are taken in order to reduce the risk

(c) any effects concerning the health and safety of workers

associated with these activities to a minimum.

belonging to particularly sensitive risk groups;

SECTION II

OBLIGATIONS OF EMPLOYERS

Article 4

Determination and assessment of risks

In carrying out the obligations laid down in Articles 6(3)
1.
and 9(1) of Directive 89/391/EEC, the employer shall assess
and,
if necessary, measure the levels of noise to which
workers are exposed.

2.
The methods and apparatus used shall be adapted to the
prevailing conditions particularly in the light of the charac-
teristics of the noise to be measured, the length of exposure,
ambient
the measuring
apparatus.

factors and the characteristics of

(1) 140 dB in relation to 20 (cid:236)Pa.
(2) 140 dB in relation to 20 (cid:236)Pa.
(3) 135 dB in relation to 20 (cid:236)Pa.

(d) as far as technically achievable, any effects on workers’
health and safety resulting from interactions between
noise and work related ototoxic substances, and between
noise and vibrations;

(e) any indirect effects on workers’ health and safety resulting
from interactions between noise and warning signals or
other sounds that need to be observed in order to reduce
the risk of accidents;

(f)

information on noise emission provided by manufacturers
in accordance with the relevant
of work equipment
Community Directives;

(g) the existence of alternative work equipment designed to

reduce the noise emission;

(h) the extension of exposure to noise beyond normal working

hours under the employer’s responsibility;

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(i) appropriate
surveillance,
possible.

health
information
including published information, as far as

following

obtained

in

with

9(1)(a)

Article

accordance

The employer shall be in possession of an assessment of
7.
of
risk
the
Directive 89/391/EEC, and shall
identify which measures
must be taken in accordance with Articles 5, 6, 7 and 8 of
this Directive. The risk assessment shall be recorded on a
suitable medium, according to national law and practice. The
risk assessment shall be kept up-to-date on a regular basis,
particularly if
there have been significant changes which
could render it out-of-date, or when the results of health
surveillance show it to be necessary.

Article 5

Provisions aimed at avoiding or reducing exposure

Taking account of technical progress and of the avail-
1.
ability of measures to control the risk at source, the risks
arising from exposure to noise shall be eliminated at their
source or reduced to a minimum.

The reduction of such risks shall be based on the general
principles
of
in Article 6(2)
Directive 89/391/EEC, and take into account in particular:

of prevention set

out

(a) other working methods that require less exposure to noise;

(b) the choice of appropriate work equipment, taking account
of the work to be done, emitting the least possible noise,
including the possibility of making available to workers
work equipment subject
to Community provisions with
the aim or effect of limiting exposure to noise;

(c)

the design and layout of workplaces and work stations;

(d) adequate information and training to instruct workers to
use work equipment correctly in order to reduce their
exposure to noise to a minimum;

(e) noise reduction by technical means:

(i) reducing airborne noise,

for

example by shields,

enclosures, sound-absorbent coverings;

(ii) reducing

structure-borne noise,

for

example

by

damping or isolation;

(g) organisation of work to reduce noise:

(i) limitation of the duration and intensity of the exposure;

(ii) appropriate work schedules with adequate rest periods.

On the basis of the risk assessment referred to in Article
2.
the
the upper exposure action values are exceeded,
4,
if
employer
shall establish and implement a programme of
technical and/or organisational measures intended to reduce
the exposure to noise, taking into account in particular the
measures referred to in paragraph 1.

On the basis of the risk assessment referred to in Article
3.
4, workplaces where workers are likely to be exposed to noise
exceeding the upper exposure action values shall be marked
with appropriate signs. The areas in question shall also be
delimited and access to them restricted where this is technically
feasible and the risk of exposure so justifies.

4. Where, owing to the nature of the activity, a worker
benefits from the use of rest facilities under the responsibility
of the employer, noise in these facilities shall be reduced to a
level compatible with their purpose and the conditions of use.

Pursuant

to Article 15 of Directive 89/391/EEC,

5.
the
employer shall adapt the measures referred to in this Article
to the requirements of workers belonging to particularly
sensitive risk groups.

Article 6

Personal protection

1.
If the risks arising from exposure to noise cannot be
prevented by other means, appropriate, properly fitting indi-
vidual hearing protectors shall be made available to workers
and used by them in accordance with the provisions of Council
Directive 89/656/EEC of 30 November 1989 on the minimum
health and safety requirements for the use by workers of
personal protective
(third
individual Directive within the meaning of Article 16(1) of
of
Directive
Directive 89/391/EEC and under the conditions set out below:

89/391/EEC) (1)

the workplace

equipment

Article

13(2)

and

at

(a) where noise exposure exceeds the lower exposure action
individual hearing

shall make

values,
protectors available to workers;

employer

the

(b) where noise exposure exceeds the upper exposure action

values, individual hearing protectors shall be used;

(f) appropriate maintenance programmes for work equipment,

the work place and workplace systems;

(1) OJ L 393, 30.12.1989, p. 18.

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(c)

the individual hearing protectors shall be so selected as to
eliminate the risk to hearing or to reduce the risk to a
minimum.

(g) the circumstances in which workers are entitled to health

surveillance and the purpose of health surveillance;

The employer shall be responsible for checking the effec-
2.
tiveness of the measures taken in compliance with this Article.

(h) safe working practices to minimise exposure to noise.

Article 7

Limitation of exposure to the ear

Under no circumstances shall the exposure limit values as

1.
assessed in accordance with Article 3(2) be exceeded.

2.
If, despite the measures taken to implement this Directive,
exposures above the limit values are detected, the employer
shall:

(a) take immediate action to reduce the exposure to below the

exposure limit values,

(b) identify the reasons why overexposure has occurred, and

(c) amend the protection and prevention measures in order to

avoid any recurrence.

Article 8

Worker information and training

to

10

Articles

prejudice

of
Without
Directive 89/391/EEC the employer shall ensure that workers
who are exposed to noise at work at or above the lower
exposure action values, and/or their representatives, receive
information and training relating to risks
resulting from
exposure to noise concerning, in particular:

and

12

(a)

the nature of such risks;

(b) the measures taken to implement this Directive in order to
eliminate or reduce to a minimum the risks from noise,
including the circumstances in which the measures apply;

(c)

the exposure limit values and the exposure action values
laid down in Article 3 of this Directive;

(d) the results of the assessment and measurement of the noise
carried out in accordance with Article 4 of this Directive
together with an explanation of
their significance and
potential risks;

(e)

training in the correct use of hearing protectors;

(f) why and how to detect and report signs of hearing damage;

Article 9

Consultation and participation of workers

their
Consultation and participation of workers and/or of
representatives shall take place in accordance with Article 11
of Directive 89/391/EEC on the matters covered by this
Directive.

SECTION III

MISCELLANEOUS PROVISIONS

Article 10

Health surveillance

1. Without prejudice to Article 14 of Directive 89/391/EEC,
Member States shall adopt provisions to ensure the appropriate
health surveillance of workers where the results of
the
assessment and measurement provided for in Article 4(1) of
this Directive indicate a risk to their health. Those provisions,
including the requirements specified for health records and
their availability,
shall be introduced in accordance with
national law and/or practice.

A worker whose noise exposure exceeds

2.
the upper
exposure action values shall have the right to have his/her
hearing checked by a doctor or by another suitably qualified
person under the responsibility of a doctor, in accordance with
national law and/or practice. The objectives of this check are to
provide early diagnosis of any loss of hearing due to noise, and
to preserve the hearing function.

for

each worker who undergoes

3. Member States shall establish arrangements to ensure
surveillance
that,
in
accordance with paragraphs 1 and 2,
individual health
records are made and kept up-to-date. Health records shall
contain a summary of the results of the health surveillance
carried out. They shall be kept in a suitable form so as to
permit any consultation at a later date, taking into account
any confidentiality.

Copies of
the appropriate records shall be supplied to the
competent authority on request. The individual worker shall,
at his or her request, have access to the health records relating
to him or her personally.

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4. Where, as a result of surveillance of the hearing function,
a worker is found to have an identifiable hearing damage, a
doctor or a specialist if the doctor considers it necessary, shall
assess whether the damage is likely to be the result of exposure
to noise at work. If this is the case:

(a) the worker shall be informed by the doctor or other
the result which relates to

suitably qualified person of
him or her personally.

(b) the employer shall:

Article 12

Technical amendments

Amendments of a strictly technical nature shall be adopted in
accordance with the regulatory procedure laid down in
Article 13(2) and in line with:

(a) the adoption of Directives in the field of technical harmon-
isation and standardisation with regard to the design,
building, manufacture or construction of work equipment
and/or workplaces, and

(i) review the risk assessment carried out pursuant

to

Article 4;

(ii) review the measures provided for

to eliminate or

reduce risks pursuant to Articles 5 and 6;

(b) technical progress,

appropriate
harmonised European standards or specifications and new
findings concerning noise.

in the most

changes

Article 13

Committee

(iii) take into account

the occupational
the advice of
health-care professional or other
suitably qualified
person or the competent authority in implementing
any measures required to eliminate or reduce risk in
accordance with Articles 5 and 6, including the possi-
bility of assigning the worker
to alternative work
where there is no risk of further exposure; and

The Commission shall be assisted by the Committee

1.
referred to in Article 17 of Directive 89/391/EEC.

2. Where reference is made to this paragraph, Articles 5
and 7 of Council Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

(iv) arrange systematic health surveillance and provide for
a review of the health status of any other worker who
has been similarly exposed.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

Article 11

Derogations

the full and proper use of

In exceptional situations where, because of the nature of
1.
the work,
individual hearing
protectors would be likely to cause greater risk to health or
safety than not using such protectors, Member States may grant
derogations from the provisions of Articles 6(1)(a) and (b)
and 7.

industry in accordance with national

2.
The derogations referred to in paragraph 1 shall be
granted by Member States following consultation with both
sides of
laws and/or
practice. Such derogations must be accompanied by conditions
which guarantee, taking into account the special circumstances,
that the resulting risks are reduced to a minimum and that the
workers concerned are subject to increased health surveillance.
Such derogations shall be reviewed every four years and
withdrawn as soon as the justifying circumstances no longer
obtain.

3.

The Committee shall adopt its rules of procedure.

Article 14

Repeal

Directive 86/188/EEC is repealed with effect from the date set
out in the first subparagraph of Article 16(1).

SECTION IV

FINAL PROVISIONS

Article 15

Reports

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 four years Member States shall

3.
forward to the
Commission a list of derogations referred to in paragraph 1,
indicating the exact reasons and circumstances which made
them decide to grant the derogations.

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.

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Article 16

Transposition

they adopt or have already adopted in the field covered by this
Directive.

1.
The Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply with
this Directive before . . . (*). They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by the
Member States.

2.
In order to take account of particular conditions, Member
States may, if necessary, have an additional period of five years
from . . . (*), that is to say a total of eight years, to implement
the provisions of Article 7 with regard to the personnel on
board seagoing vessels.

The Member

3.
the
Commission the text of the provisions of national law which

communicate

States

shall

to

Article 17

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 18

Addressees

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

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

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 8 February 1993 the Commission submitted to the Council, on the basis of Article 118a of the
Treaty establishing the European Community, a proposal for a Council Directive on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents.

The proposal was intended to supplement Directive 89/391/EEC (the (cid:145)framework Directive(cid:146)) by spec-
ifying the way in which some of its provisions were to apply in the particular case of exposure to
physical agents. It covered all activities where workers may be subject to risks arising from such
exposure, with the exception of certain specific public service or civil protection situations.

The European Parliament and the Economic and Social Committee delivered their opinions on
20 April 1994 and 30 June 1993 respectively; the European Parliament confirmed its opinion on
16 September 1999.

The Commission submitted an amended proposal on 8 July 1994.

Following the entry into force of the Amsterdam Treaty, the legal basis changed from ex-Article 118a to
Article 137(2), which provides for co-decision with the European Parliament and consultation of the
Committee of the Regions.

The Committee of the Regions stated in a letter dated 13 January 2000 that it would not be submitting
an opinion on the proposal for a Directive.

II. THE COMMISSION’S PROPOSAL AND ITS DIFFERENT ELEMENTS

The main feature of the proposal was that it combined in a single instrument four types of physical
agents (noise, mechanical vibration, optical radiation, electromagnetic fields and waves), each of which
would have been the subject of a separate annex.

However, the Council’s general approach, which was accepted by the Commission, consisted in focusing
initially, in view of the technical difficulties regarding the other physical agents, on the one element
(vibration) for which an agreement could be found within a reasonable period of time, the other parts
of the proposal remaining on the Council’s table. Moreover, the Council confirmed in a statement for
the minutes its commitment to continuing its examination of the other elements of the Commission
proposal (noise, optical radiation, electromagnetic fields and waves).

Following political agreement on the draft Directive covering vibration, the Council went on to
examine a further separate draft on the noise element, and adopted a Common Position on
29 October 2001, in accordance with the procedure laid down in Article 251 of the Treaty. Unlike
the draft Directive on vibration, it proved possible to formulate the text in such a way that it did not
require annexes.

III. OBJECTIVE

The draft Directive aims to improve protection of the health and safety of workers from risks arising or
likely to arise from exposure to noise, and in particular the risk to hearing. The Directive would also
replace the existing Directive on noise at work of 12 May 1986 (86/188/EEC), the provisions of which
were considered no longer to be adequate.

IV. ANALYSIS OF THE COMMON POSITION

1.

GENERAL OBSERVATIONS

According to Article 136 of the Treaty, the Community and the Member States (cid:145)shall have as their
objectives (. . .) improved living and working conditions (. . .), the development of human resources
(. . .)(cid:146), etc.

According to Article 137(1) of the Treaty (cid:145)the Community shall support and complement the
activities of the Member States in (. . .) improvement in particular of the working environment to
protect workers’ health and safety;(cid:146) etc.

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To this end, Article 137(2) of the Treaty states that the Council (cid:145)may adopt, by means of directives,
minimum requirements for gradual implementation, having regard to the conditions and technical
rules obtaining in each of the Member States(cid:146).

The Council’s Common Position is in accordance with the objectives of Article 137(2) of the
Treaty in the area covered, since it is designed to introduce minimum requirements to protect the
health and safety of workers from the risks arising from exposure to noise.

Furthermore, the Common Position respects the objectives put forward by the Commission and
supported by Parliament, despite having a different structure as a result of the original proposal
being split. It includes many of the amendments resulting from Parliament’s first reading of the
Commission’s proposal.

2.

STRUCTURE AND KEY ELEMENTS

2.1. The noise exposure values

The Common Position fixes the values of three levels of noise exposure, namely lower exposure
action values, upper exposure action values, and exposure limit values. Each of these values is
expressed both as a time-weighted average, dB(A) (decibels), and as a peak sound pressure, (ppeak)
(Pascals or Pa). The time-weighted averages are defined in accordance with the international
standard ISO 1999:1990, point 3.6. As a rule, the time-weighted average should be measured
on a daily basis, as a daily noise exposure level, but Member States may in duly justified circum-
stances and on certain conditions use a weekly noise exposure level instead.

The two exposure action values are to be measured as the ambient noise surrounding the workers,
i.e. without taking into account the effect of any hearing protectors, while the exposure limit
values are to be measured (cid:145)in the protected ear(cid:146), i.e. taking into account the effect of hearing
protectors.

In its Common Position, the Council fixed the following exposure values:

(cid:151) exposure limit values: 87 dB(A) and ppeak = 200 Pa

(cid:151) upper exposure action values: 85 dB(A) and ppeak = 200 Pa, and

(cid:151) lower exposure action values: 80 dB(A) and ppeak = 112 Pa.

Even though a direct comparison with the values in the existing Directive of 1986 and in the
Commission’s amended proposal is not possible because of conceptual and structural differences,
the new values are generally speaking lower. The current Directive of 1986 only fixes two values,
namely 85 and 90 dB(A), and the Commission’s amended proposal contained three comparable
values, 80, 85 and 90 dB(A). The Council considers that the values adopted represent a fair
balance between, on the one hand, the requirement to protect the health and safety of workers
and, on the other hand, the need to ensure that implementation of the Directive does not entail
excessive costs for undertakings, in particular small and medium-sized undertakings.

2.2. Action to be taken when exposure values have been exceeded

The purpose of the various exposure values is that, once they have been reached or exceeded,
certain action is triggered, as follows:

When the lower exposure action values have been reached, the employer shall ensure that the
workers concerned and/or their representatives receive information and training related to the
risks resulting from exposure to noise, and when they have been exceeded, the employer shall
make individual hearing protectors available to the workers.

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Workplaces where the upper exposure action values are likely to be exceeded shall be marked with
signs and delimited. Once these values have been exceeded, individual hearing protectors must be
used by the workers. They also have the right to have their hearing checked by a doctor or
another suitably qualified person, to provide early diagnosis.
In addition, the employer shall
establish and implement a programme of technical and/or organisational measures intended to
reduce the exposure to noise.

Member States may grant derogations from the abovementioned obligations to provide and to use
hearing protectors in exceptional situations where their full and proper use would be likely to
cause greater risk than not using them, for example where the use of protectors would render
audible warning signals ineffective. Such derogations are possible only under certain severe
conditions guaranteeing both a reduction of risks and increased health surveillance, and they
have to be reviewed every four years.

The exposure limit values must under no circumstances be exceeded. Should this happen,
however, despite the preventive measures taken, the employer must take immediate action to
reduce the exposure below the limit values, identify the reasons for overexposure, and amend the
protection and prevention measures to avoid recurrence.

2.3. Other major elements

In line with the framework Directive the employer should assess and, if necessary, measure the
levels of noise to which workers are exposed, at suitable intervals. The employer must be in
possession of an assessment of the risk and must identify the preventive measures to be taken. The
risks arising from exposure to noise must be eliminated at their source or reduced to a minimum.

Member States must adopt provisions to ensure appropriate health surveillance of workers where
the results of the employer’s assessment and measurement indicate a risk to their health. A doctor
or other specialist must assess whether any hearing damage is likely to be the result of exposure to
a worker’s noise at work, and if so, the worker has to be informed, and certain preventive and
corrective measures have to be taken.

Individual health records must be made and kept up-to-date, taking into account any confiden-
tiality requirements. Copies must be supplied to the competent authority, and the individual
worker shall have access to his/her records.

2.4. Major differences from the Commission’s amended proposal

The major differences vis-(cid:224)-vis the Commission’s amended proposal concern:

(cid:151) the restructuring and redefinition of the noise exposure values,

(cid:151) the deletion of the threshold level, because the Council considered that no scientific evidence

existed for defining exposure values below which exposure has no adverse effects,

(cid:151) the abolition of the requirement to consider certain activities as presenting an increased risk
and to declare them to the responsible authority, in order not to increase unnecessarily the
administrative burdens of undertakings, in particular in the SME sector,

(cid:151) the introduction of the effects of interactions between, on the one hand, noise and, on the
other hand, work-related ototoxic substances, vibration, and warning signals and other
necessary sounds, among the factors to which the employer should give particular attention
in his/her risk assessment,

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(cid:151) the right of the workers to have their hearing checked at a lower level of noise exposure,

(cid:151) more stringent requirements on the employer to review his/her risk assessment and preventive
measures and to arrange systematic health surveillance in case a doctor or a specialist has
found that a worker’s hearing damage is the result of exposure to noise at work, and

(cid:151) certain additions to the list of elements covered by noise-related information and training to be

given to the workers and/or their representatives.

3.

THE EUROPEAN PARLIAMENT’S AMENDMENTS ON FIRST READING

3.1. European Parliament amendments adopted by the Council

Amendments 5, 8, 9, 14, 16, 17 and 19 were taken up in their entirety, if not word for word at
least in spirit, in the Council Common Position.

In addition, the Council slightly reworded amendments 7, 10, 11, 13 and 18, which had already
been incorporated in the amended Commission proposal, but without altering the meaning.
Amendment 10 was improved from the point of view of workers’ protection, amendment 11
was reworded to better correspond to the contents of the Article on determination and assessment
of risks, amendment 13 was adapted to the changed definition of the exposure limit value, and
amendment 18 on derogations was limited to the use of the weekly noise exposure level, to the
obligation to provide and to use hearing protectors, and to the prohibition to exceed the exposure
limit values.

Amendment 4 was partly accepted, the major difference being that the exposure limit values take
account of the effect of hearing protectors.

Furthermore, amendment 12, which was not included in the amended Commission proposal, was
incorporated in the Council Common Position, in a slightly amended form.

As far as amendment 20 was concerned, the Council accepted the principle of a reporting
requirement in respect of derogations but provided for a reporting interval of every four years.

3.2. European Parliament amendments not adopted by the Council

The Council did not consider it advisable to adopt amendments 2, 3, 6, 15, 21, 22, 23, 24, 25 and
26 in its Common Position, for the following reasons:

(cid:151) amendments 2, 3, 22 and 26 were no longer relevant after the Council’s decision to divide the
Commission’s proposal into separate directives and to take up the noise element as a matter of
urgency. In so doing the Council has followed the requirement laid down in Article 10 of
Council Directive 86/188/EEC, and the wish of the European Parliament and the Commission,
to reinforce Community legislation in the area of noise at the workplace,

(cid:151) the threshold level, for which a new definition was put forward in amendment 6, was deleted,

as explained under point 2.4,

(cid:151) amendment 15 imposed an obligation on workers which was excessively binding; the Council
felt that health surveillance should be considered as a right, and not as an obligation on
workers; however, this right comes into play at a lower exposure level than that proposed
by the Commission and the European Parliament; this position is in line with the Council’s
position on the pending Directive on the vibration element,

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(cid:151) amendment 21 was replaced by a more general reference to the existing committee operating

on the basis of Directive 89/391/EEC,

(cid:151) amendment 23 was considered no longer to be relevant in the context of a text dealing with
noise alone; moreover, action in the remaining fields identified by the European Parliament
would depend in the first instance on the Commission’s right of initiative,

(cid:151) amendment 24 was rejected because the Council considered it logical, in the light of the new

text, to repeal the existing Directive covering the same subject, and

(cid:151) the obligation on the Commission to submit a report, as laid down in amendment 25, was

already covered by the submission of the Commission’s annual implementation report.

4.

ADDITIONAL TRANSITIONAL PERIOD

The Council considered it necessary to make provision for an optional additional transitional
period of five years for the implementation, in respect of personnel on board seagoing vessels,
of the prohibition of exposure to noise exceeding the exposure limit values. This was considered
necessary because of the substantial changes to current practice which will be necessary in the
particularly difficult conditions obtaining at sea, especially on board older vessels. It is recalled,
moreover, that the personnel on board seagoing vessels were entirely excluded from the scope of
the 1986 Directive.

V. CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives
of the amended Commission proposal. It also considers that it has taken account of the principal
objectives pursued by the European Parliament in its proposed amendments.