Commission Opinion on the Draft Rules of Procedure of the Advisory Committee on Safety and Health at Work
Date: 2004-11-17
Institutions: European Commission
Subjects: advisory committee (EU), occupational health, occupational safety, rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.11.2004 
COM(2004)756 final 

COMMISSION OPINION 

on the Draft Rules of Procedure of the Advisory Committee on Safety and Health at 
Work 

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COMMISSION OPINION 

on the Draft Rules of Procedure of the Advisory Committee on Safety and Health at 
Work 

Council Decision 2003/C 218/01 of 22 July 2003 setting up an Advisory Committee on Safety 
and Health at Work 1 provides in article 8 that: 

"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  (…)  The  rules  of 
procedure shall be transmitted for information purposes to the European Parliament and Council; 
the latter shall also have the right of call-back." 

In fulfillment of this provision and based on a draft prepared by the Secretariat in co-operation 
with the Bureau of the Advisory Committee on Safety and Health at Work, the Commission has 
been requested to give its opinion on the enclosed Draft Rules of Procedure (Doc. No. 858/4/04). 

This document fully reflects the spirit and content of Council Decision 2003/C 218/01, by taking 
account of the need to streamline the modus operandi of this consultative body with a view to 
improving flexibility, accountability and overall performance and efficiency. 

In particular, it lays down provisions for fast-track decision-making procedures and co-operation 
with other committees competent for safety and health at work at European level, in accordance 
with article 8 of Council Decision 2003/C 218/01. 

It  also  provides  practical  arrangements  in  respect  of  the  internal  organization  of  the  Advisory 
Committee, with specific regard to the activities of the interest groups, the Bureau, the working 
parties and the standing working party for the mining and other extractive industries as they are 
defined in articles 5 and 6 of Council Decision 2003/C 218/01. 

Based  on  these  considerations,  the  Commission  expresses  its  favourable  opinion  on  the 
annexed Draft Rules of Procedure of the Advisory Committee on Safety and Health at Work 
and  authorizes  the  transmission  of  this  opinion  to  the  European  Parliament  and  the  Council 
for information 

1 

OJ C 218, 13.9.2003, p. 1. 

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Draft 

Rules of Procedure of the Advisory Committee on Safety and Health at Work 

… 

THE ADVISORY COMMITTEE ON SAFETY AND HEALTH AT WORK, 

having  regard  to  Council  Decision  2003/C  218/01  of  22  July  2003  setting  up  an  Advisory 
Committee on Safety and Health at Work, and in particular article 8 thereof 

HAS ADOPTED THE FOLLOWING RULES OF PROCEDURE: 

I. Meetings of the Committee 

Convening a meeting 

(1) 

(2) 

(3) 

Agenda 

(1) 

Article 1 

The Chair shall convene all full members at least three weeks before the date set for 
a meeting. He/she shall simultaneously make the draft agenda comprising the items 
to  be  examined  and  the  preparatory  documents  available  to  full  and  alternate 
members of the committee. 

In  an  emergency,  the  Chair  may  curtail  the  three  weeks'  notice  referred  to  in 
paragraph 1, but shall nonetheless give at least 10 days' notice. Should a document 
not  have  been  made  available  in  time,  the  Committee  may  decide  to  withdraw  the 
relevant item from the agenda. 

If a meeting is called for by at least one third of the members of the Committee, the 
Chair shall honour such a request within a period not exceeding two months and in 
accordance with the arrangements laid down in paragraph 1. 

Article 2 

At the beginning of a meeting, the Committee shall approve the agenda which shall 
consist of the items included on the draft agenda referred to in Article 1(1) and any 
other items falling within the competence of the Committee, proposed by the Chair, 
the spokesperson of an interest group or any other member. 

(2) 

During a meeting, each member may propose the inclusion of an item on the agenda 
for the subsequent meeting. 

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Attendance at meetings 

Article 3 

(1) 

(2) 

(3) 

(4) 

Committee meetings shall only be attended by members, co-ordinators of the interest 
groups, observers and experts entitled to participate. 

Full  members  shall  inform  the  Chair  whether  they  propose  to  attend  a  meeting  in 
person  or  to  be  represented  by  their  alternates.  An  alternate  member  shall  attend 
meetings only when the member for whom he / she deputies are unable to be present. 

Each interest group may be accompanied by up to two experts. These are allowed to 
participate only if the Chair is informed at least three days before the meeting. 

The Bureau may propose to the Chair to invite the vice-chair and the rapporteur of a 
working party to be present at the meeting where documents  or  opinions related to 
their working party are discussed. 

Minutes of Committee meetings 

Article 4 

(1) 

(2) 

Minutes shall be drawn up by the Secretariat for each meeting of the Committee. 

The minutes shall comprise: 

•  a) a list of those present, 

•  b) a concise record of the debate, 

•  c) the opinions delivered by the Committee and an indication of the voting figures for each 

vote taken. 

•  d) general information from the Commission. 

(3) 

(4) 

The Committee shall approve the minutes. 

The minutes shall be submitted for approval by the Committee only if a draft, at least 
in  EN,  DE  and  FR  has  been  made  available  to  full  and  alternate  members  no  later 
than  10  days  before  the  date  envisaged  for  the  meeting.  Should  this  document  not 
have  been  made  available  in  time,  it  shall  be  held  over  for  approval  until  the  next 
Committee meeting. 

(5) 

Motions  for  amendment  of  the  draft  minutes  shall  be  submitted,  preferably  in 
writing, before or during the meeting at which they are to be approved. 

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II. Decision-making procedures 

Opinions 

Article 5 

(1) 

The opinions of the Committee shall be delivered at meetings, according to article 7 
of Council Decision 2003/C 218/01.  

(2) 

Blank votes and abstentions shall be considered as votes validly cast. 

Article 6 

(1) 

(2) 

(3) 

(4) 

(5) 

(1) 

(2) 

On  each  opinion  to  be  delivered,  the  Chair  first  calls  on  the  spokesperson  of  each 
interest  group  to  express  his/her  view  on  behalf  of  the  Committee  members  he/she 
represents. 

The  opinion  is  unanimously  adopted  if  the  Chair  verifies  that  there  is  complete 
agreement  on  the  substance  of  the  question  or  if  the  amendments  proposed  are 
unanimously accepted by the three spokespersons and no member objects. Otherwise 
a vote shall be taken.  

Voting shall be by show of hands or by roll call. 

If  the  result  of  a  vote  by  show  of  hands  is  challenged,  the  Chair  must  then  have  a 
vote by roll call. 

When a motion is put to the vote, the Chair shall authorise any member if he/she so 
requests, to give a brief explanation of the reasons for his/her vote. 

Article 7 

Motions  that  the  Committee  should  not  express  an  opinion  on  a  question  or  that 
consideration of a question should be postponed shall be voted on before any motion 
dealing with the substance of the question. 

In  the  case  of  amendments,  a  vote  shall  be  taken  first  on  the  one  which  is  furthest 
removed from the basic text. In the case of amendments to amendments, a vote shall 
betaken first on those dealing with the amendment furthest removed from the basic 
text, beginning with the most fundamental amendment to the amendment. 

(3) 

The final vote shall be taken on the text as it stands after the previous voting. 

Article 8 

(1) 

(2) 

The Chair may move the closure of the debate when he/she considers that members 
have  had  an  opportunity  to  express  their  views.  Each  member  may  also  move  for 
closure. 

If  a  member  asks  to  speak  on  closure  he  or  she  shall  have  priority  over  other 
speakers.  

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(3) 

Every motion to close the debate shall be put to a vote. 

Article 9 

(1) 

(2) 

The voting figures shall be stated in each opinion delivered by the Committee.  

Opinions  shall  be  addressed  to  the  Commission  and  shall  be  made  available  to  the 
full and alternate members of the Committee. 

Decisions other than opinions 

Article 10 

The  rules  laid  down  in  article  5  to  9  shall  apply,  mutatis  mutandis,  to  any  decisions  to  be 
taken by the Committee and to the adoption of any other documents. 

Fast-track decision-making procedure 

Article 11 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Notwithstanding the opinions and decisions adopted under the arrangements set out 
in articles 5 to 10, where necessary and in substantiated cases, the Committee or the 
Chair may entrust drafting an opinion or establishing any other draft decisions to the 
Bureau.  Such  draft  opinions  or  decisions  shall  be  submitted  to  the  Committee  for 
adoption by written procedure. 

To this end, the Secretariat shall address to the full members of the Committee the 
draft  document  drawn  up  by  the  Bureau  on  which  the  opinion  of  the  Committee  is 
sought  as  well  as  an  explanatory  note  requesting  the  vote  and  specifying  the  time-
limit for reply. This time-limit cannot in any case be less than 14 calendar days.  

In  substantiated  cases,  an  alternate  member  may  deputise  for  a  full  member  if  the 
latter is prevented from voting and has notified the Secretariat of the Committee of 
his/her  intention  to  be  replaced  at  least  one  week  before  the  time-limit  set  for  the 
written procedure to be finalised. In this case, it is incumbent upon the full member 
to  provide  his/her  alternate  member  with  all  relevant  information  on  the  ongoing 
written procedure. 

Any member of the Committee who does not express his/her opposition or intention 
to  abstain  from  voting  on  the  draft  document  within  the  time  limit  referred  to  in 
paragraph 2 of this article shall be considered to have given his/her tacit agreement to 
the proposal. 

The  adoption  is  only  valid  if  an  absolute  majority  of  the  votes  is  obtained.  The 
Committee  shall  without  delay  be  informed  by  the  Secretariat  of  the  result  of 
consultation. 

However,  if  the  written  procedure  has  been  initiated  by  the  Chair,  the  Bureau  may 
request that the relevant question be further examined at a meeting of the Committee. 
In  this  case,  the  fast-track  decision-making  procedure  shall  be  terminated  without 
result  and  the  Chair  shall  put  the  item  on  the  agenda  of  a  subsequent  Committee 
meeting.  

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II. Internal organisation 

Interest groups 

(1) 

(2) 

(3) 

Bureau 

(1) 

(2) 

(3) 

Article 12 

The members of the Committee representing national governments, trade unions and 
employers'  organisations  are  established  in  three  separate  interest  groups.  Each 
interest group shall designate its own spokesperson and co-ordinator.  

he interest groups hold separate preparatory meetings ahead of Committee meetings. 
They additionally meet at least twice a year. 

The rules laid down in article 3 shall apply, mutatis mutandis, to the meetings of the 
interest groups. 

Article 13 

The  Bureau,  made  up  in  accordance  with  article  5(4)  of  Council  Decision  2003/C 
218/01, is chaired by one of the spokespersons of the interest groups. 

In  order  to  enable  each  interest  group  to  hold  such  office  on  a  regular  basis,  the 
chairperson of the Bureau is designated on the basis of an annual rotation-system. At 
the same time, a vice-chairperson and a rapporteur shall be appointed. 

The Bureau shall meet at least three weeks before the meeting of the Committee in 
order  to  discuss  and  prepare  the  agenda.  Additional  meetings  shall  be  held  on  a 
regular basis to appropriately organise the activities of the Committee. The minutes 
of each meeting shall be drawn up by the Secretariat of the Committee. 

(4) 

At Bureau's meetings, the chairperson shall be represented by the vice-chairperson if 
he/she is unable to attend.  

(5) 

The Bureau may allocate particular duties to one or more of its members. 

Working parties 

Article 14 

(1) 

(2) 

(3) 

(4) 

ccordance with article 6(4) first sub-paragraph of Council Decision 2003/C 218/01, 
the  Committee  may  establish  working  parties,  representing  all  interest  groups,  to 
examine particular issues. 

The Committee decides in which specific areas the working parties should be set up.  

It defines in writing their terms of reference, which specify their tasks and indicate, 
when  appropriate,  the  length  of  the  mandate.  The  terms  of  reference  of  a  working 
party may at any time be modified by the Committee. 

The Committee may disband a working party if it deems fit, with the exception of the 
standing working party for the mining and other extractive industries.  

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(5) 

Conclusions  resulting  from  the  working  party  proceedings  shall  not  be  subject  to 
voting. 

Article 15 

(1) 

(2) 

(3) 

(4) 

(1) 

(2) 

(3) 

(4) 

On a proposal by the Bureau, the Committee shall appoint, from among its full and 
alternate  members,  a  chairperson  to  each  working  party.  Each  working  party  shall 
appoint, from among its members, a vice-chair and a rapporteur being responsible for 
drawing up the minutes of the working party's meetings and the draft opinions to be 
submitted for adoption to the Committee.  

In  appointing  chairpersons,  the  Committee  shall  endeavour  to  ensure  that, 
taking  all  working  parties  together,  such  offices  are  distributed  fairly  between 
representatives of governments, trade unions and employers' organisations. 

The chairperson shall report to the Committee for the working party. 

If he/she is unable to attend, the chairperson shall be represented by the vice-chair. 

Article 16 

Without prejudice to Article 15(1), members of working parties shall be designated 
and may be released by their respective interest groups. 

Each  interest  group  may  nominate  one  alternate  member  to  a  working  party,  who 
may  attend  in  case  a  member  of  the  working  party  is  unable  to  be  present.  The 
Secretariat shall be informed at least three days before the meeting of such a change 
in attendance. 

The working party may allocate particular duties to one or more of its members. 

Each working party is assisted by at least one Commission representative. 

Meetings of the working parties 

Article 17 

(1) 

(2) 

(3) 

The Secretariat, in agreement with the chair of the working party, shall convene all 
members of a working party at least two weeks before the date set for a meeting. The 
Secretariat shall simultaneously make available the  draft  agenda  comprising  the 
items to be examined and the preparatory documents to all members of the working 
party and to the co-ordinators of the interest groups. 

At the beginning of a meeting, the working party shall approve the draft agenda and 
the  minutes  of  the  previous  meeting,  amending  them  if  necessary.  The  chairperson 
shall direct the proceedings. 

Only  nominated  members,  Commission's  representatives  and,  if  necessary,  experts 
invited to give technical inputs shall attend. 

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Standing working party 

Article 18 

(1) 

(2) 

In  accordance  with  Article  6(4)  second  sub-paragraph  of  Council  Decision  2003/C 
218/01, a standing working party for the mining and other extractive industries is set 
up within the Committee. 

The  standing  working  party  shall  deal  on  a  regular  basis  with  questions  relating  to 
safety and health at work in the mining and other extractive industries. Having regard 
to Article 2(2) of Council Decision 2003/C 218/01, it shall notably: 

•  a)  provide advice and support to the Committee to achieve its tasks with reference to the 

mining and other extractive industries; 

•  b)  submit draft opinions for adoption by the Committee on future Community initiatives 

which affect safety and health at work in the mining and other extractive industries. 

Article 19 

(1) 

(2) 

(3) 

On a proposal by the Bureau, the Committee shall appoint, from among its full and 
alternate members, a chairperson, a vice-chairperson and a rapporteur to the standing 
working  party.  Their  term  of  office  shall  be  three  years.  An  appropriate  mandate 
rotation  system  shall  be  set  up,  in  order  to  enable  each  interest  group  to  be 
represented in each office. 

The  Committee  shall  nominate  the  members  of  the  standing  working  party  on  the 
basis of a list of experts submitted by the interest groups. These nominations shall be 
subjected to an annual review, according to the priorities defined in the annual work 
programme of the standing working party as referred to in Article 21(3). 

In  appointing  such  members,  the  Committee  shall  endeavour  to  ensure  that  the 
composition  of  the  standing  working  party  fairly  reflects  the  various  economic 
sectors  involved,  the  geographical  distribution  and  the  representation  of  different 
extractive sectors. 

(4) 

The  chairperson,  or  if  he/she  is  unable  to  attend  the  vice-chairperson  or  the 
rapporteur, shall report to the Committee for the standing working party. 

Article 14(3) and 14(5), Article 16(2) to (4), and Article 17 shall apply, mutatis mutandis, to 
the activities of the standing working party. 

Article 20 

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IV. Committee's work programme 

Annual work programme 

Article 21 

(1) 

(2) 

(3) 

(4) 

The Committee shall accomplish its tasks on the basis of an annual work programme 
prepared  by  the  Bureau  and  discussed  and  adopted  by  the  Committee  at  its  last 
plenary meeting each year. 

The  annual  work  programme  shall  take  into  account  the  progress  of  the  activities 
planned  and  the  new  projects  for  the  following  year  and  for  the  subsequent  years 
resulting  from  the  implementation  of  the  Community  programmes  on  health  and 
safety at work and the pro-active initiative of the Committee.  

Without prejudice to Article 21(1) and (2), the draft annual work programme of the 
standing  working  party  for  the  mining  and  other  extractive  industries  shall  be 
adopted by the Committee as part of its annual work program. 

The  Bureau,  in  co-operation  with  the  Secretariat,  shall  define  the  timetable  of 
meetings for the  following  year and  shall regularly revise it, following advances in 
the implementation of the work programme. 

Annual report 

Article 22 

(1) 

The  Committee  shall  submit  an  annual  report  to  the  Commission  on  its  activities. 
This  report  shall  be  transmitted  for  information  by  the  Secretariat  to  the  European 
Agency  for  Safety  and  Health  at  Work,  the  European  Foundation  for  the 
Improvement  of  Living  and  Working  Conditions,  the  Senior  Labour  Inspectors 
Committee  and  the  Scientific  Committee  for  Occupational  Exposure  Limits  to 
Chemical Agents.  

(2) 

The annual report of the Committee shall refer to the calendar year. 

V. Practical arrangements 

Secretariat 

Article 23 

(1) 

The Commission shall provide secretarial support for the Committee, the Bureau and 
the  working  parties  in  accordance  with  Article  6(5)  of  Council  Decision  2003/C 
218/01.  The  Commission  will  nominate  one  of  its  officials  as  secretary  of  the 
Committee. 

(2) 

Correspondence intended for the Committee shall be addressed to the Commission, 
for the attention of the secretary of the Committee. 

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Co-operation 

Article 24 

(1) 

(2) 

In  order  to  improve  the  consistency  and  complementarity  of  the  activities  of  the 
Advisory  Committee  with  the  activities  of  other  bodies competent  for  occupational 
health  and  safety  at  European  level  a  standing  co-operation  shall  be  set  up,  in 
particular  with  the  European  Agency  for  Safety  and  Health  at  Work,  the  European 
Foundation  for  the  Improvement  of  Living  and  Working  Conditions,  the  Senior 
Labour  Inspectors  Committee  and  the  Scientific  Committee  for  Occupational 
Exposure Limits to Chemical Agents. 

This  co-operation  shall  imply,  inter  alia,  the  exchange  of  information  on  work 
programmes  and  activity  reports,  the  participation  of  observers  in  the  plenary 
meetings of the Advisory Committee, and the undertaking — when necessary — of 
common initiatives in the field of health and safety at work. 

Transparency 

Article 25 

(1) 

The  principles  and  conditions  concerning  public  access  to  the  Committee's 
documents shall be the same as those defined in Regulation (EC) No 1049/2001 of 
the  European  Parliament  and  of  the  Council  regarding  public  access  to  European 
Parliament, Council and Commission documents. It is for the Commission to take a 
decision on requests for access to the Committee's documents.  

(2) 

The Committee's discussion shall be kept confidential.  

Revision of the rules of procedure 

Article 26 

(1) 

(2) 

(3) 

The  Committee,  having  received  an  opinion  from  the  Commission,  shall  adopt  by 
absolute majority of its members any revision of its rules of procedure. 

The revision of the rules of procedure shall be transmitted for information purposes to 
the European Parliament and Council. 

The revision shall enter into force after the Council, having been informed, has not 
exercised its right of call-back. 

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