Proposal for a Council Decision setting up an Advisory Committee on Safety, Hygiene and Health Protection at Work
Date: 2002-09-04
Institutions: European Commission
Subjects: advisory committee (EU), comitology, health policy, occupational health, occupational safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04.09.2002
COM(2002) 486 final

Proposal for a

COUNCIL DECISION

setting up an Advisory Committee on Safety, Hygiene and Health Protection at Work

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

1. 

BACKGROUND AND AIMS

Article  137  of  the  Treaty  provides  the  legal  basis  for  Community  action  on  health
and  safety  at  work,  which  is  now  one  of  the  most  important  and  highly  developed
areas of the Union’s social policy.

Improving  workers’  safety  and  health  of  has  been  one  of  Community  policy’s
abiding concerns since as long ago as 1952 under the auspices of the European Coal
and  Steel  Community.  With  the  advent  of  the  Treaty  of  Rome,  this  concern  was
extended to all sectors of employment.

However, it was from the end of the '70s that increasing awareness of the importance
of  this  policy  area  resulted  in  a  coherent  body  of  legislation  being  drafted,
culminating in the Council’s adoption of framework Directive 89/391/EEC1 in 1989.

Between 1978 and 2000, four Community action programmes for safety and health at
work  were  prepared  and  implemented.  A  document  setting  out  guidelines  for
Community  action  in  this  field  in  the  future  was  recently  adopted  by  the
Commission,  based  on  its  Communication  on  “Adapting  to  change  in  work  and
society: a new Community strategy on health and safety at work 2002-2006”2.

2. 

There are four committees currently helping the Commission to draft legislation and
implement Community policy on the protection of workers’ health and safety:

– 

– 

– 

– 

the  Advisory  Committee  on  Safety,  Hygiene  and  Health  Protection  at  Work
(ACSHH), set up by Council Decision 74/325/EEC of 27 June 19743,

the  Safety  and  Health  Commission  for  the  Mining  and  Other  Extractive
Industries  (SHCMOEI),  set  up  by  the  decisions  taken  at  the  36th  and  42nd
Council sessions of 6 September 1956 and 9 and 10 May 1957 as referred to in
the  Council  Decision  of  9 July  19574,  the  responsibilities  of  which  were
extended  to  all  the  extractive  industries  by  Council  Decision  74/326/EEC  of
27 June 19745,

the  Senior  Labour  Inspectors’  Committee  (SLIC),  set  up  by  Commission
Decision 95/319/EC of 12 July 19956, and

the  Scientific  Committee  on  Occupational  Exposure  Limits  to  Chemical
Agents (SCOEL), set up by Commission Decision 95/320/EC of 12 July 19957.

3. 

In its Communication  on  a Community  programme  concerning  safety,  hygiene  and
health at work (1996-2000)8, the Commission pointed out the need to streamline the

1 OJ L 183 of 29.6.1989, p. 1.
2 COM (2002) 118 final of 11.3.2002.
3 OJ L 185 of 9.7.1974, p. 15.
4 OJ 57 of 31.8.1957, p. 487.
5 OJ L 185 of 9.7.1974, p. 18.
6 OJ L 188 of 9.8.1995, p. 11.
7 OJ L 188 of 9.8.1995, p. 14.

2

                                                
operation of the two committees set up by Council decisions – the ACSHH and the
SHCMOEI – by merging them, reducing the number of members and giving them a
single secretariat.

When  new  Member  States  join  the  EU  in  the  current  enlargement  process,  the
number  of  members  on  the  committees  is  likely  to  rise  significantly,  which  might
adversely affect their efficiency.

The Communication from the Commission on a new Community strategy on health
and  safety  at  work  2002-2006  also  notes  that  “the  effective  implementation  of
Community  law  requires  close  cooperation  between  the  Commission  and  the
Member  States’  administrations”  and  that  this  “cooperation  would  be  better  and
simpler  if  the  two  advisory  committees  were  to  be  merged  into  a  single  Advisory
Committee on Safety, Hygiene and Health Protection at Work”9.

The radical changes which have taken place over the past few years in working life
and in the European project, particularly as a result of incorporating a social protocol
in  the  Treaty  of  Amsterdam,  and  the  new  prospects  opened  up  by  the  current
enlargement  process  all  require  a  critical  and  constructive  re-examination  of  the
consultation process and the bodies set up for this purpose in the European Union.

This proposal for a Council decision is in keeping with the above considerations and
was  discussed  at length with the social partners  and  government  representatives  on
the  Advisory  Committee,  which  then  gave  its  opinion.  By  creating  an  Advisory
Committee  for  Safety,  Hygiene  and  Health  Protection  at  Work  and  repealing  the
decisions  which  set  up  the  former  Advisory  Committee  and  the  SHCMOEI,  this
proposal seeks to establish a larger body that can handle the tasks of both the existing
Committees and operate more efficiently.

2. 

CONTENT AND JUSTIFICATION OF THE PROPOSED MEASURES

2.1. 

Legal basis for the proposal

The legal basis for this proposal is Article 202, second indent, of  the Treaty,  under
which the Council has decision-making powers in this area.

2.2. 

Legal form of the instrument

The very nature of safety and health protection at work makes it necessary to have a
tripartite  body  for  general  consultation  at  European  Union  level,  enabling  a
transparent  public  debate  to  be  held  which  involves  all  the  players  concerned  in
defining the broad outlines of Community policy in this field.

Such  a  body  must  be  able  to  deliver  technical  and  political  expert  opinions  on
specific initiatives  at Community  level  and  assess their impact  and  how  effectively
they are implemented in the Member States.

8 COM (95) 282 final of 12.7.1995, p. 18.
9 COM (2002) 118 final, point 3.3.1.4.

3

                                                                                                                                                        
The instrument  setting up  the Advisory Committee  for  Safety,  Hygiene  and  Health
Protection  at  Work  must  therefore  also  take  the  form  of  a  Council  decision  in  the
interests  of  consistency,  simplicity  and  transparency,  indicating  that  there  is
continuity  in  the  consultation  activities  within  the  tripartite  framework  which  has
already proved eminently workable in both the current Advisory Committee and the
Safety and Health Commission for the Mining and Other Extractive Industries.

2.3. 

Scope

This  proposal  (Article  2(1)  paragraph  2)  covers  all  private  and  public  sectors  of
activity.

The  new  committee  will  take  on  the  tasks  of  the  current  Safety  and  Health
Commission  for  the  Mining  and  Other  Extractive  Industries  and  will  extend  its
responsibilities  to  protection  of  workers  against  the  risks  derived  from  ionising
radiation now governed by the Euratom Treaty.

Its  activities  will  reflect  the  proven  “general”  and  “cross-disciplinary”  approach  of
the  existing  Advisory  Committee  and  confirm  the  Commission’s  avowed  aim  of
setting up a single advisory body covering all health and safety at work issues which
it is likely to have to address.

In  order  to  safeguard  the  knowledge  and  experience  acquired  by  the  Safety  and
Health Commission in the specific area of the extractive industries, this proposal also
provides  for  sectoral  standing  working  parties  to  be  set  up  for  these  industries
(Recital 9 and article 6(4), second paragraph).

The  Commission  considers  that  questions  relating  to  social  dialogue  in  the  mining
and extractive industries should not be underestimated and intends to strengthen the
arrangements in this area in parallel with this proposal.

2.4. 

The responsibilities of the new committee

Article  2(1)  paragraph  1  extends  the  responsibilities  of  the  new  Committee  to
assessing all initiatives related to safety, hygiene and health protection at work.

This is in response to the Commission’s repeated demands for safety and health to be
better  integrated  in  all  Community  policies  whenever  these  have  repercussions  on
important aspects of workers’ protection.

Specifically,  Article  2(2)(f)  gives  the  new  Committee  responsibility  for  issuing  an
opinion  on  all  draft  Community  initiatives  which  have  any  impact  on  safety  and
health at work.

2.5. 

Links with the other committees and the Bilbao Agency

Streamlining consultative procedures in the existing  committees and integrating the
activities  of  various  bodies  which  participate  in  defining  and  implementing
Community policy on safety and health at work are the priorities which inform this
proposal.

Article  2(3)  hence  formalises  the  existing  informal  arrangements  for  cooperation
between  the  Advisory  Committee  and  the  two  technical  committees,  SLIC  and

4

SCOEL. These will be fleshed out in the rules  of  procedure  of  the  new  committee,
which will be adopted on the basis of the Commission’s opinion (Article 8).

As  regards  relations  between  the  new  committee  and  the  European  Agency  for
Safety and Health at Work, Article 2(2)(g) confirms that the new committee has the
task of delivering an opinion on the Agency’s work programmes, which the current
Advisory Committee already does informally.

Article 2(2)(e) also stipulates that the new Committee, as well as the Agency, has a
role to play in disseminating information on safety and health.

2.6. 

Composition of the Committee

In compliance with the decisions setting them up10, the current two Advisory bodies
have  90  members  (ACSHH)  and  60  members  (SHCMOEI)  respectively.  As  things
stand, the Committees are destined to increase in size in proportion to the number of
new  Member  States  in  the  enlarged  Union,  which  would  mean  that  they  were  too
large and increasingly prone to inefficiency.

The  new  committee  resulting  from  the  merger  of  the  two  existing  ones  must
therefore be made up in a different way in order to ensure that it has the flexibility it
needs to work effectively.

Article  3(1)  of  this  proposal  for  a  decision  therefore  amends  Decision  74/325/EEC
with  regard  to  the  makeup  of  the  Committee  in  as  far  as  it  only  leaves  room  for  a
single  representative  per  interest  group  and  per  Member  State  instead  of  the  two
representatives provided for at present.

2.7. 

Structure and operation of the Committee

The current Advisory Committee’s operation is governed by only two legally binding
instruments, namely Council Decision 74/325/EEC of 27 June 1974 and the rules of
procedure approved by the Council on 30 April 1976.

Since  the  documents  produced  subsequently  by  the  committee  (specifically  the
opinion  of  3 March  1989  on  the  working  methods  of  the  Advisory  Committee  and
the draft amendment of its rules of procedure of 23 April 1997) are in no way legally
binding,  any  amendment  and/or  addition  to  the  above-mentioned  instruments  is,  of
course,  incompatible  with  any  provisions  to  the  contrary  of  Decision  74/325/EEC
and the rules of procedure.

In particular, both Decision 74/325/EEC and the rules of procedure approved by the
Council  on  30 April  1976  provide  only  that  the  Committee  may  set  up  working
parties  (Article  6(4)  of  Decision  74/325/EEC  and  Article  14  of  the  rules  of
procedure).

However, the  way  the  Advisory  Committee  is  now  run  in  practice  is  that  there  are
three  separate  interest  groups  made  up  of  representatives  of  national  governments,
trade  union  organisations  and  employers’  organisations  respectively,  a  number  of

10

Specifically,  Article  4(1)  of  Decision  74/325/EEC  and  Article  3(1)  of  the  rules  of  procedure  of  the
Mines Safety Commission annexed to the Council Decision of 9 July 1957.

5

                                                
working parties set up by the Committee to deal with specific technical questions and
a  planning  group  made  up  of  five  representatives  of  each  interest  group,  which
coordinates the Committee’s activities.

Article 5 of this proposal for a decision primarily seeks to formalise, strengthen and
endorse the Committee’s proven organisational structure (comprising interest groups
representing workers, employers and national governments), which has stood the test
of time.

It also provides for a spokesperson (who has to be a member of the committee) and a
coordinator to be appointed for each interest group to represent them in the Bureau
which is to form a permanent coordinating body for the committee’s activities.

Article 6(4) stipulates that the number of members in the working parties, which are
additional to the organisational structure, is three per interest group (rather than five
at the moment).

The  option  of  setting  up  sectoral  standing  working  parties  to  deal  with  specific
problems in given sectors is also provided for (Article 6(4), second paragraph).

2.8. 

Decision-making procedures

Whilst  keeping  the  voting  rules  laid  down  by  Article  7  of  Decision  74/325/EEC,
which provide for an absolute majority, Article 7(3) of this proposal offers the new
Committee  the  option  of  fast-track  decision-making  procedures  (to  be  determined
subsequently in the rules of procedure) in order to make it more efficient and more
able to respond rapidly to requests from the Commission.

2.9. 

Procedure for appointing members and the duration of their mandate

The Commission takes the view that the current procedure  for appointing  members
of the ACSHH (Article 4 of Decision 74/325/EEC) and the duration of their mandate
(Article 5 of the same Decision) are satisfactory and there is no need to amend them.

Article  3(3)  incorporates  a  gender  dimension,  emphasising  the  need  for  a  balanced
representation  of  men  and  women  which  reflects  their  proportion  of  the  working
population  and  also  indicates  the  need  for  the  entire  range  of  skills  required  to
accomplish the Committee’s various tasks to be covered.

2.10.  Committee meetings

In view of the problems encountered with regard to the Member of the Commission
taking part in meetings of the former Advisory Committee (Article 6(1) of Decision
74/325/EEC), Article 6(1) of this proposal for a decision stipulates that the Director-
General  in  charge  of  social  policy  at  the  Commission  chair  the  new  committee’s
meetings.  In  the  event  of  the  Director  General  not  being  able  to  attend,  a
Commission representative holding the rank of at least director is required in order to
maintain a suitable political profile for the Committee’s meetings.

When experts are required for the Committee to do its work effectively, Article 6(3)
provides for them to be limited to the reasonable number of two (in addition to any
coordinators  who  are  not  committee  members)  to  be  nominated  by  the  Chair  and
each of the interest groups.

6

At  present,  observers  (from  the  Bilbao  Agency,  Dublin  Foundation,  Safety  and
Health  Commission  for  the  Mining  and  Other  Extractive  Industries,  etc.)  are
automatically invited to take part in the plenary meetings of the ACSHH. Article 6(6)
of the proposal formalises these arrangements by establishing a full list of observers
who may attend meetings of the new committee.

7

Proposal for a

COUNCIL DECISION

setting up an Advisory Committee on Safety, Hygiene and Health Protection at Work

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the Treaty establishing  the  European  Community  and  in  particular  Article
202 thereof,

Having  regard  to  the  Commission’s  proposal,  presented  after  consultation  of  the  Advisory
Committee for Safety, Hygiene and Health Protection at Work,

Whereas:

(1) 

(2) 

(3) 

(4) 

Protection  against  occupational  accidents  and  diseases  and  occupational  hygiene  are
amongst the objectives of the Treaty establishing the European Community.

The profound transformation in production methods in all sectors of the economy and
the spread of dangerous techniques and materials  have created  new  problems for the
safety, hygiene and health protection of workers at their place of work.

A standing body should be envisaged to assist the Commission in the preparation and
implementation  of  activities  in  the  fields  of  safety,  hygiene  and  health  protection  at
work and to facilitate cooperation between national administrations, trade unions and
employers’ organisations.

A  Mines  Safety  Commission  was  set  up  by  decisions  taken  by  the  Council  of
Ministers  at  the  36th  and  42nd  Council  sessions  of  6 September  1956  and  9  and
10 May  1957,  the  remit  of  which  was  established  by  the  Council  Decision  of  9 July
1957 concerning the terms of reference and the rules of procedure of the Mines Safety
Commission1, as amended most recently by the Act of  Accession of  the Republic of
Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden,  and  the  powers  of
which  were  extended  by  Council  Decision  74/326/EEC  of  27 June  1974  on  the
extension  of  the  responsibilities  of  the  Mines  Safety  and  Health  Commission  to  all
mineral extracting industries2;

(5)  Moreover  Council  Decision  74/325/EEC  of  27  June  1974  on  the  setting  up  of  an
advisory  committee  on  safety,  hygiene  and  health  protection  at  work3  as  amended
most  recently  by  the  Act  of  Accession  of  the  Republic  of  Austria,  the  Republic  of
Finland  and  the  Kingdom  of  Finland  also  set  up  a  standing  body  for  all  economic

1 OJ 57 of 31.8.1957, p. 487.
2 OJ L 185 of 9.7.1974, p. 18.
3 OJ L 185 of 9.7.1974, p. 15.

8

                                                
(6) 

(7) 

(8) 

(9) 

activities  except  for  the  extractive  industries  and  the  protection  of  the  health  of
workers against the dangers arising from ionising radiation;

The  radical  changes  which  have  taken  place  over  the  past  few  years  in  working  life
and in the European project, specifically as a result of incorporating a social protocol
in  the  Treaty  of  Amsterdam,  and  the  new  prospects  opened  up  by  the  current
enlargement  process  require  a  critical  and  constructive  re-examination  of  the
consultation process and the bodies set up for this purpose in the European Union.

In its communication on a Community programme in the field of safety, hygiene and
health  protection  at  work  (1996-2000)4,  the  Commission  stressed  the  need  to
streamline  the  operation  of  the  two  committees  set  up  by  Council  decisions  –  the
Advisory  Committee  for  Safety,  Hygiene  and  Health  Protection  at  Work  and  the
Safety  and  Health  Commission  for  the  Mining  and  Other  Extractive  Industries  –  by
merging them, reducing the number of members and giving them a single secretariat.

The  communication  from  the  Commission  on  “Adapting  to  change  in  work  and
society: a new Community strategy on safety  and health 2002-20065” also notes that
effective  implementation  of  Community  law  requires  close  cooperation  between  the
Commission and the Member States’ administrations and that this cooperation would
be better and simpler if the two advisory committees were to be merged into a single
Advisory Committee on Safety, Hygiene and Health Protection at Work.

The structure of the Advisory Committee on Safety, Hygiene and Health Protection at
Work  should  to  be  retained  with  changes  made  to  streamline  its  operation.  The
knowledge  and  experience  acquired  by  the  Safety  and  Health  Commission  for  the
Mining  and  Other  Extractive  Industries  should  also  be  safeguarded  by  setting  up
standing working parties for specific sectors within the Advisory Committee;

(10)  This  reform  should  be  incorporated  in  a  new  decision  setting  up  an  Advisory
Committee  for  Safety,  Hygiene  and  Health  Protection  at  Work  as  a  single  advisory
body and repealing Decision 74/325/EEC;

(11)  The  decisions  setting  up  the  Mines  Safety  Commission  taken  at  the  36th  and  42nd
Council sessions of 6 September 1956 and 9 and 10 May 1957, the Council Decision
of 9 July 1957 concerning the terms of reference and rules of procedure of the Mines
Safety Commission and Decision 74/326/EEC should also be repealed.

HAS DECIDED AS FOLLOWS:

An  Advisory  Committee  for  Safety,  Hygiene  and  Health  Protection  at  Work  (hereinafter
called the “Committee”) is hereby set up.

Article 1

4 COM (95) 282 final of 12.7.1995.
5 COM (2002) 118 final of 11.3.2002.

9

                                                
Article 2

1.

The Committee shall have  the  task  of  assisting  the  Commission in  the  preparation,
implementation and evaluation of activities in the fields of safety, hygiene and health
protection at work.

This  task  shall  cover  all  public  and  private  sectors  of  the  economy,  including  the
protection  of  the  health  of  workers  against  the  dangers  arising  from  ionising
radiation,  which  is  subject  to  special  rules  pursuant  to  the  Treaty  establishing  the
European Atomic Energy Community.

2.

Specifically, the Committee shall:

a)

b)

c)

conduct, on the basis of the information available to it, exchanges of views and
experience regarding existing or planned regulations;

help to devise a common approach to problems in the fields of safety, hygiene
and health protection at work and identify Community priorities as well as the
measures necessary for implementing them;

draw  the  Commission’s  attention  to  areas  in  which  there  is  an  apparent  need
for new knowledge and for suitable training and research measures;

d)

define, within the framework of Community action programmes:

– 

– 

the criteria and aims for preventing accidents at work and health hazards
within the undertaking;

methods  enabling  undertakings  and  their  employees  to  evaluate  and  to
improve the level of protection;

contribute, alongside the European Agency for Safety and Health at Work, to
keeping  national  administrations,  trades  unions  and  employers’  organisations
informed  of  Community  measures  in  order  to  facilitate  cooperation  and  to
encourage  any  initiatives  on  their  part  to  exchange  experience  and  establish
codes of practice;

give  an  opinion  on  plans  for  Community  initiatives  which  affect  safety  and
health at work;

give  an  opinion  on  the  annual  programme  and  the  rotating  four-year
programme of the European Agency for Safety and Health at Work.

e)

f)

g)

In  order  to  accomplish  the  above  tasks,  the  Committee  shall  cooperate  with  the
Senior Labour Inspectors Committee and the Scientific Committee for Occupational
Exposure Limits to Chemical Agents, mainly by exchanging information.

Article 3

The  Committee  shall  consist  of  three  full  members  for  each  Member  State,  there
being  one  representative  each  of  the  national  governments,  trade  unions  and
employers’ organisations.

10

3.

1.

2.

An alternate member shall be appointed for each full member.

3.

4.

1.

2.

3.

1.

2.

3.

4.

1.

Without  prejudice  to  Article  7  (3),  the  alternative  member  shall  attend  Committee
meetings only when the member for whom he deputises is unable to be present.

Full  members  and  alternate  members  of  the  Committee  shall  be  appointed  by  the
Council  which,  in  respect  of  representatives  of  trade  unions  and  employers’
organisations, shall endeavour to ensure that the composition of the Committee fairly
reflects  the  various  economic  sectors  concerned  and  the  proportion  of  men  and
women in the working population. The Council shall ensure that the necessary range
of skills is available for the Committee to accomplish its tasks.

The list of the members and alternate members shall be published by the Council in
the Official Journal of the European Communities for information purposes.

Article 4

The term of office of full members and alternate members shall be three years. Their
appointments shall be renewable.

On  expiry  of  their  term  of  office,  the  full  members  and  alternate  members  shall
remain in office until they are replaced or their appointments are renewed.

A member’s term of office shall end before the expiry of the three-year period with
his  resignation  or  following  a  communication  from  the  Member  State  concerned
indicating that the term of office is terminated.

For the remainder of the term of office, the member shall be replaced in accordance
with the procedure laid down in Article 3.

Article 5

Within  the  Committee,  there  shall  be  three  interest  groups,  made  up  of
representatives of national governments, trade unions and employers respectively.

Each interest group shall select one of its members to be its spokesperson.

Each interest group shall designate a  coordinator  who  will take part in meetings of
the Committee, the Bureau and the interest group.

A  Bureau  shall  be  formed  to  organise  the  Committee’s  activities,  made  up  of  two
representatives  of  the  Commission  and  the  spokespersons  and  coordinators
nominated by the interest groups.

Article 6

The Committee shall be chaired by the Director-General in charge of social policy at
the Commission or, where he/she is prevented from so doing and as an exception, by
one  of  the  Directorate-General’s  directors  to  be  nominated  by  him/her.  The  Chair
shall not vote.

11

2.

3.

4.

The  Committee  shall  meet  when  convened  by  the  Chair,  either  at  the  latter’s
initiative or at the request of at least one-third of its members.

The  Chair  may,  on  his/her  own  initiative,  invite  up  to  two  experts  to  participate  in
Committee meetings.

Each  interest  group  may  be  accompanied  by  up  to  two  experts,  provided  that  it  so
informs the Chair at least three days before the Committee meeting.

The  Committee  may  establish  working  parties  to  be  chaired  by  a  Committee
member.  Each  working  party  shall  be  made  up  of  three  experts  for  each  interest
group.

These  may  be  standing  working  parties  in  order  to  enable  questions  arising  in  a
specific sector to be dealt with on a permanent basis.

The Chairs of these working parties shall submit the results of their proceedings in
the form of a report at a meeting of the Committee.

5.

Representatives  of  any  Commission  departments  concerned  shall  participate  in
meetings of the Committee and the working parties.

Secretarial services shall be provided for the Committee and working parties by the
Commission.

6.

The following observers may attend meetings of the Committee:

– 

– 

– 

the Director of the European Agency for Safety and Health at Work;

the  Director  of  the  European  Foundation  for  the  Improvement  of  Living  and
Working Conditions;

a representative for each interest group of the Member States of the European
Economic Area.

The  Chair  may,  on  the  basis  of  the  Bureau’s  reasoned  opinion,  authorise  other
observers to attend meeting(s) of the Committee.

Article 7

1.

2.

3.

An  opinion  delivered  by  the  Committee  shall  not  be  valid  unless  two-thirds  of  its
members are present. Only members may vote.

Opinions of the Committee shall state the reasons on which they are based; they shall
be  delivered  by  an  absolute  majority  of  the  votes  validly  cast.  They  shall  be
accompanied  by  a  written  statement  of  the  views  expressed  by  the  minority,  when
the latter so requests.

The  Committee  shall  devise  fast-track  decision-making  procedures  to  which  the
conditions of (1) and (2) shall apply mutatis mutandis.

12

Article 8

The  Committee  shall,  having  received  an  opinion  from  the  Commission,  adopt  its  rules  of
procedure which shall lay down the practical arrangements for its activities and, in particular,
those  for  fast-track  decision-making  and  enhanced  cooperation  with  the  Senior  Labour
Inspectors  Committee  and  the  Scientific  Committee  for  Occupational  Exposure  Limits  to
Chemical Agents.

Article 9

Without prejudice to Article 287 of the Treaty, Committee members shall be required not to
disclose information to which they have gained access through Committee or working party
proceedings, if the Commission informs them that the opinion requested or the question raised
is of a confidential nature.

In such cases, only Committee members and representatives of the Commission shall attend
the meetings concerned.

Article 10

The decisions setting  up  the  Mines  Safety  Commission  taken  at  the  36th  and  42nd  Council
sessions of 6 September 1956 and 9 and 10 May 1957, the Council Decision of 9 July 1957
concerning the terms of reference and rules of procedure of the Mines Safety Commission and
Council Decisions 74/325/EEC and 74/326/EEC are hereby repealed.

Article 11

This Decision shall enter into force on 1 July 2003.

Done at Brussels,

For the Council
The President

13

FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Setting  up  of  an  Advisory  Committee  on  Safety,  Hygiene  and  Health  Protection  at
Work

2.

BUDGET HEADINGS INVOLVED

A-2531 Advisory Committee for Safety, Hygiene and Health Protection at Work

A-2530  Safety  and  Health  Commission  for  the  Mining  and  Other  Extractive
Industries

3.

LEGAL BASIS

Article 202 of the EC Treaty. Council Decision expected during 2003.

4.

4.1

DESCRIPTION OF OPERATION

General objective

The Commission has repeatedly pointed out the need to streamline the operation of
the  two  existing  advisory  committees  in  the  field  of  health  and  safety  at  work,
namely the Advisory Committee for Safety, Hygiene and Health Protection at Work
and  the  Safety  and  Health  Commission  for  the  Mining  and  Other  Extractive
Industries, by merging the committees, reducing the number of members and giving
them  a  single  secretariat.  To  this  end,  this  proposal  is  intended  to  set  up  a  single
advisory body undertaking the tasks of both existing committees and covering all the
issues which the Commission is likely to address in the field of safety and health at
work

4.2

Period covered and arrangements for renewal

Indefinite

5.

5.1

CLASSIFICATION OF EXPENDITURE OR REVENUE

Compulsory/non-compulsory expenditure

Non-compulsory expenditure

5.2

Differentiated/non-differentiated appropriations

Non-differentiated appropriations

5.3

Type of revenue involved

None

14

6.

TYPE OF EXPENDITURE OR REVENUE

100 % for the necessary personnel and costs of meetings and seminars.

7.

FINANCIAL IMPACT

No impact on operating expenditure; for administrative expenditure see point 10.

8.

FRAUD PREVENTION MEASURES

Expenditure  will  be  carried  out  in  accordance  with  the  normal  administrative  rules
governing the payment of expenses of experts invited to meetings.

9.

9.1

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS

Specific and quantifiable objectives; target population

To set up a single – larger – advisory committee in the field of safety and health at
work undertaking the tasks of the two existing committees.

To reduce the total number of members and bring the tasks within the purview of a
single operational body in order to use available resources more efficiently.

9.2

Grounds for the operation

The radical changes which have taken place over the past few years in working life
and in the European project, particularly as a result of incorporating a social protocol
in  the  Treaty  of  Amsterdam,  and  the  new  prospects  opened  up  by  the  current
enlargement  process  all  require  a  critical  and  constructive  re-examination  of  the
consultation process and the bodies set up for this purpose in the European Union.

The very nature of safety and health at work makes it necessary to have a tripartite
body for general consultation at European Union level, enabling a transparent public
debate  to  be  held  which  involves  all  the  players  concerned  in  defining  the  broad
outlines of Community policy in this field.

As things stand, the Committees are destined to increase in size in proportion to the
number of new Member States in the enlarged Union, which would mean that they
were too large and increasingly prone to inefficiency.

9.3

Monitoring and evaluation of the operation

The Committee shall be responsible for preparing opinions for the Commission.

9.4

Coherence with financial programming

The measures provided for are included in the financial programming of DG EMPL.

15

10.

ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF THE BUDGET)

10.1

Effect on the number of posts

Type of post

Staff to be assigned to managing
the operation

Source

Duration

Permanent
posts

Temporary
posts

Additional
resources

Existing
resources in
the DG or
department
concerned

Officials or
temporary staff

Other resources

Total

A

B

C

1 + 0.5= 1.5

1

1.5

4.0

1.5

1

1.5

4.0

Indefinite

Indefinite

Indefinite

Each  of  the  two  existing  committees  currently  operates  with  the  total  number  of  posts
indicated above.

10.2

Reduction of other administrative expenditure as a result of the operation

The  two  existing  committees  currently  operate  under  the  two  budget  headings
A-2531 (Advisory Committee) and A-2530 (Safety and Health Commission) with an
overall  budget  of  € 785 000  (€ 385 000  for  heading  A-2531  and  € 400 000  for
heading A-2530).

Setting  up  a  single  committee  undertaking  the  tasks  of  the  two  existing  ones  will
reduce operating expenditure considerably and bring it under a single budget heading
(A-2531).

It  is  estimated  that  the  Committee  will  hold  three  plenary  meetings  a  year  (with  a
meeting  of  the  three  interest  groups  being  held  on  the  day  before  each  one),  three
annual meetings of the interest groups, six annual meetings of the Bureau responsible
for coordinating the Committee’s activities and an average of 36 meetings of the 18
working parties, with a total expenditure of € 608 850 per year under budget heading
A-2531.

16

Budget heading

Amount

Method of calculation

A-2531 Advisory
Committee for Safety,
Hygiene and Health
Protection at Work

€ 608 850

(cid:1)  3 plenary meetings per year

For each meeting:

EUR

– 

– 

– 

– 

– 

€ 900 (average cost comprising travel and per diem expenses) x
30 social partner members = € 27 000

€ 750  (average  cost  of  travel  expenses)  x  15  government
representatives = € 11 250

€ 150  (additional  per  diem  allowance  for  the  day  before  the
meeting) x 30 social partner members = € 4 500

€ 900 (average cost comprising travel and per diem expenses) x
11 experts (2 per interest group = 6 + 2 for the Chair + 3 interest
group coordinators) = € 9 900

€ 150  (additional  per  diem  allowance  for  the  day  before  the
meeting) x 11 experts = € 1 650

Total € 54 300 x 3 meetings = € 162 900

(cid:1)  3 meetings of the interest groups per year

For each meeting:

– 

– 

– 

€ 900 (average cost comprising travel and per diem expenses) x
30 social partner members = € 27 000

€ 750  (average  cost  of  travel  expenses)  x  15  government
representatives = € 11 250

€ 900 (average cost comprising travel and per diem expenses) x
9  experts  (2  per  interest  group  =  6  +  3  interest  group
coordinators) = € 8 100

Total € 46 350 x 3 meetings = € 139 050:

(cid:1)  6 meetings of the Bureau per year

For each meeting:

– 

– 

– 

€ 900 (average cost comprising travel and per diem expenses) x
30 social partner spokespersons = € 1 800

€ 750  (average  cost  of  travel  expenses)  x  1  government
representative spokesperson = € 750

€ 900 (average cost comprising travel and per diem expenses) x
3 interest group coordinators = € 2 700

Total € 5 250 x 6 meetings = € 31 500

(cid:1)  36 meetings of working parties per year

For each meeting:

17

– 

– 

€ 900 (average cost comprising travel and per diem expenses) x
6 social partner members = € 5 400

€ 750  (average  cost  of  travel  expenses)  x  3  government
representative members = € 2 250

Total € 7 650 x 36 meetings = € 275 400

The  costs  are  therefore  estimated  at  € 608 850  for  budget  heading
A-2531

Total

 € 608 850

All expenditure attributed to title A2 will be covered from the annual allocation for operating
appropriations.

18