Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibrations) (nth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) - amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2001-11-28
Institutions: European Commission
Subjects: EC Directive, EC opinion, European Commission, accident prevention, amendment, occupational health, occupational safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.11.2001
COM(2001) 717 final

1992/0449 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the minimum health and safety requirements regarding the exposure of workers to
the risks arising from physical agents (vibrations) (nth individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC)

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty 

1992/0449 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the minimum health and safety requirements regarding the exposure of workers to
the risks arising from physical agents (vibrations) (nth individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC)

1. 

BACKGROUND

The Commission  sent the above proposal  for  a Directive based on  Article  118A of
the Treaty (now Article 137) to the Parliament and the Council on 8 February 1993.

The  Economic  and  Social  Committee  gave  its  Opinion  on  30  June  1993.  The
Committee of Regions stated in a letter dated 13 January 2000 that it would not issue
an opinion.

The European Parliament adopted an Opinion on First Reading on 20 April 1994.

The Commission accepted 31 amendments proposed by the Parliament, 4 of these in
part. An amended proposal was presented by the Commission on 8 July 1994.

The  Council  adopted  its  Common  Position  unanimously  on  25  June  2001.  The
Commission supported the common position.

On  23  October  2001,  at  its  second  reading,  the  European  Parliament  adopted
7 amendments  to  the  Council  Common  Position  and  1  additional  amendment
concerning certain linguistic versions.

This  opinion  sets  out  the  Commission's  position  on  the  European  Parliament's
amendments in accordance with Article 251 (2)(c) of the EC Treaty.

2. 

AIM OF COMMISSION PROPOSAL

The original proposal was based on Article 118A of the Treaty (now Article 137) and
takes the form of an individual directive within the meaning of Article 16(1) of the
Framework Directive 89/391/EEC.

2

It aims at the protection of workers against the risks to their health and safety arising
from  exposure  to  physical  agents.  The  proposal  covers  four  physical  agents:  noise
(risks 
the  hand,  arm  and  whole  body),
to 
electromagnetic fields and optical radiation (risks to the health from induced currents
in the body, shock and burn hazards and from absorption of thermal energy).

to  hearing),  vibrations  (risks 

The  general  approach  taken  by  the  Council  had  been  to  concentrate  on  the  one
element (vibrations).

All delegations and the Commission accepted this approach to deal with the proposal
on  a step by  step basis which does  not discard  the  other  parts  of  the  Commission's
proposal which remain on the table of Council for future discussions. A statement of
the Council in the Council Minutes confirms that the proposal remains on the table of
the  Council  and  reiterates  the  commitment  of  the  Council  to  deal  with  the  other
physical agents at a later stage.

3. 

COMMISSION'S OPINION ON THE AMENDMENTS PROPOSED BY THE PARLIAMENT

3.1. 

Summary of the Commission's position

The  Commission  can  accept  three  of  the  amendments  (3,  4  and  7)  and  one
amendment in part (1).

The Commission cannot accept four of the amendments (2, 5, 6 and 11) adopted by
the  Parliament,  two  of  these  amendments  (5  and  6)  could  be  acceptable  in  parts  if
redrafted.

3.2. 

Parliament's amendments on second reading

3.2.1.  Amendments accepted

3.2.1.1.  Amendment 3 ("vibrations reducing handles") (Article 5(2), point c)

The  amendment  adds  positive  reference  to  vibrations  reducing  handles  thus
improving the text.

3.2.1.2.  Amendment 4 (information of the employer) (Article 8(3), point b, new)

This  amendment  clarifies  the  text  to  ensure  that  the  employer  gains  feedback  from
the health surveillance.

3.2.1.3.  Amendment 7 (Annex, part A, point 2b)

This  amendment  improves  the  sense  of  this  paragraph  (only  applicable  in  some
linguistic versions).

3

3.2.2.  Amendments accepted in part 

3.2.2.1.  Amendment 1 (coverage of other physical agents) (Recital 3)

Further to the splitting of the proposal the common position added a recital in order
to  continue  negotiations  on  the  physical  agents  other  than  the  vibrations.  The
amendment replaces the word "appropriate" by "necessary" which reinforces the text.
The Commission can therefore support this part.

However,  a  political  binding  commitment  as  it  is  contained  in  the  proposed  2nd
paragraph of the 3rd recital should not take the form of a recital as it contravenes the
"Inter-institutional Agreement on Commission Guidelines for Quality of Drafting of
Community  Legislation"  which  foresees  that  recitals  "shall  not  contain  normative
provisions on political exhortations".

3.2.3.  Parts of amendments accepted in principle

3.2.3.1.  Amendment 5 (Transitional periods – consultation of social partners) (Article 9)

The  purpose  of  the  last  part  of  this  amendment  is  to  ensure  that  the  two  sides  of
industry  are  consulted  in  accordance  with  national  legislation  or  practice.  The
Commission  could  accept  this  part  if  inserted  in  the  first  sentence  of  article  9
redrafted as follows: "With regard to implementation of the obligations laid down in
Article  5(3),  Member  States,  after  consultation  of  the  two  sides  of  industry  in
accordance with national legislation or practice, shall be  entitled to make use of a
maximum transitional period of 6 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 maximum transitional
period by up to 3 years in respect of whole-body vibrations".

3.2.3.2.  Amendment 6 (Reports) (Article 13)

The first part of this amendment requesting justifications from the Member States on
any transitional periods  granted by them could be acceptable if redrafted transferred
to the end of paragraph 1 of Article 14. Article 14, paragraph 1 would then read as
follows:  "1.  The  Member  States  shall  bring  into  force  the  laws,  regulations  and
administrative  provisions  necessary  to  comply  with  this  Directive  no  later  than  *.
They shall forthwith inform the Commission thereof. They shall also include a list,
giving  detailed  reasons,  of  the  transitional  arrangements which  the  Member  States
have adopted in accordance with Article 9.

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  Member
States."

4

3.2.4.  Amendments not accepted

3.2.4.1.  Amendment 2 (Limit values) (Article 3, paragraph 2)

This  amendment  substantively  decreases  the  exposure  values  for  whole-body
vibrations  in  the  common  position.  The  Commission,  would  have  prefered  lower
values but accepted the Council's common position with a view to achieving a global
compromise.  Therefore,  for  reasons  of  consistency  the  Commission  cannot  accept
this amendment.

3.2.4.2.  Amendment 5 (Parts on transitional periods) (Article 9)

The  Commission  rejects  the  parts  of  this  amendment  reducing  the  length  of
transitional  periods  because  the  practical  implementation  in  particular  in  small  and
medium  size  undertakings  will  require  awareness-raising  and  targeted  information
campaigns, the preparation of training modules and organisation of courses, and the
acquisition of new equipment and/or accessories.

3.2.4.3.  Amendment  6  (Justifications  on  derogations  and    collection  of  best  practices  and

assessment) (Article 13)

  The  parts  of  the  amendment  aimed  at    ensuring  that  the  Member  States  provide
detailed  information  on  the  directive's  implementation  and  on  justifications  on
derogations are covered elsewhere (eg. adaptation to technical progress or in Article
10(4)).

3.2.4.4.  Amendment 11 (Agriculture and Forestry Sectors) (Article 10(1) and 1a))

The Commission rejects this amendment since it would exclude workers of the two
highest  risk  sectors,  agriculture  and  forestry,  from  the  benefits  of  the  Directive.  In
addition  an  incoherence  might  result  from  this  exclusion  and  the  simultaneous
establishment at a latter stage of a different exposure limit value.

3.3.

Amended proposal

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as
set out above.

5