Proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation
Date: 2006-07-14
Institutions: European Commission
Subjects: accident prevention, application of EU law, dissemination of information, humanisation of work, labour law, occupational health, occupational safety, report, worker participation, working time

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.07.2006 
COM(2006) 390 final 

2006/0127 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 89/391/EEC, its individual Directives and Council 
Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying 
and rationalising the reports on practical implementation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  BACKGROUND 

110 

•  Grounds for and objectives of the proposal 

This  proposal  aims  to  simplify  and  rationalise  the  provisions  of  the  Community 
Directives concerning protection of the health and safety of workers at work that oblige 
the  Member  States  and  the  Commission  to  draw  up  reports  on  their  practical 
implementation.  

The  preparation  by  the  Member  States  of  a  practical  implementation  report,  which 
constitutes  one  of  the  bases  for  the  Commission's  report,  is  provided  for  by  Council 
Directive 89/391/EEC of 12 June 1989 on the introduction of measures to improve the 
health  and  safety  of  workers  at  work1,  and  by  the  individual  Directives  within  the 
meaning of Article 16(1) of that Directive, namely: Council Directive 89/654/EEC of 
30  November  1989  concerning  the  minimum  safety  and  health  requirements  for  the 
workplace2,  Council  Directive  89/655/EEC  of  30  November  1989  concerning  the 
minimum safety and health requirements for the use of work equipment by workers at 
work3, Council Directive 89/656/EEC of 30 November 1989 concerning the minimum 
health and safety requirements for the use by workers of personal protective equipment 
at  the  workplace4,  Council  Directive  90/269/EEC  of  29  May  1990  concerning  the 
minimum health and safety requirements for the manual handling of loads where there 
is  a  risk  particularly  of  back  injury  to  workers5,  Council  Directive  90/270/EEC  of 
29 May  1990  concerning  the  minimum  safety  and  health  requirements  for  work  with 
display screen equipment6, Council Directive 92/57/EEC of 24 June 1992 concerning 
the implementation of minimum safety and health requirements at temporary or mobile 
construction  sites7,  Council  Directive  92/58/EEC  of  24  June  1992  concerning  the 
minimum  requirements  for  the  provision  of  safety  and/or  health  signs  at  work8, 
Council  Directive  92/85/EEC  of  19  October  1992  concerning  the  introduction  of 
measures  to  encourage  improvements  in  the  safety  and  health  at  work  of  pregnant 
workers  and  workers  who  have  recently  given  birth  or  are  breastfeeding9,  Council 
Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for 
improving  the  safety  and  health  protection  of  workers  in  the  mineral-extracting 
industries  through  drilling10,  Council  Directive  92/104/EEC  of  3  December  1992 
concerning the minimum requirements for improving the safety and health protection 
of  workers  in  surface  and  underground  mineral-extracting  industries11,  Council 

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5 
6 
7 
8 
9 
10 
11 

OJ L 183, 29.6.1989, p.1. 
OJ L 393, 30.12.1989, p. 1. 
OJ L 393, 30.12.1989, p. 13. 
OJ L 393, 30.12.1989, p. 18. 
OJ L 156, 21.06.1990, p. 9. 
OJ L 156, 21.06.1990, p. 14. 
OJ L 245, 26.08.1992, p. 6. 
OJ L 245, 26.08.1992, p. 23. 
OJ L 348, 28.11.1992, p. 1. 
OJ L 348, 28.11.1992, p. 9. 
OJ L 404, 31.12.1992, p. 10. 

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Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health 
requirements  for  work  on  board  fishing  vessels12,  Council  Directive  98/24/EC  of 
7 April  1998  concerning  the  protection  of  the  health  and  safety  of  workers  from  the 
risks  related  to  chemical  agents  at  work13,  Directive  99/92/EC  of  the  European 
Parliament  and  of  the  Council  concerning  minimum  requirements  for  improving  the 
safety  and  health  protection  of  workers  potentially  at  risk  from  explosive 
atmospheres14, Directive 2002/44/EC of the European Parliament and of the Council of 
25  June  2002  concerning  the  minimum  health  and  safety  requirements  regarding  the 
exposure  of  workers  to  the  risks  arising  from  physical  agents  (vibration)15,  Directive 
2003/10/EC  of  the  European  Parliament  and  of  the  Council  of  6  February  2003 
concerning  the  minimum  health  and  safety  requirements  regarding  the  exposure  of 
workers to the risks arising from physical agents (noise)16, Directive 2004/40/EC of the 
European  Parliament  and  of  the  Council  of  29  April  2004  concerning  the  minimum 
health  and  safety  requirements  regarding  the  exposure  of  workers  to  the  risks  arising 
from physical agents (electromagnetic fields)17, Directive 2006/25/EC of the European 
Parliament  and  of  the  Council  of  5  April  2006  on  the  minimum  health  and  safety 
requirements  regarding  the  exposure  of  workers  to  risks  arising  from  physical  agents 
(artificial  optical  radiation)18.  Three  directives  in  the  field  in  question  do  not  require 
practical 
reports,  namely:  Council  Directive  83/477/EEC  of 
19 September 1983 on the protection of workers from the risks related to exposure to 
asbestos  at  work19,  Directive  2000/54/EC  of  the  European  Parliament  and  of  the 
Council  of  18  September  2000  on  the  protection  of  workers  from  risks  related  to 
exposure to biological agents at work (seventh individual Directive within the meaning 
of Article 16(1) of Directive 89/391/EEC)20 and Directive 2004/37/EC of the European 
Parliament and of the Council of 29 April 2004 on the protection of workers from the 
risks related to exposure to carcinogens or mutagens at work (sixth individual Directive 
within the meaning of Article 16(1) of Council Directive 89/391/EEC)21. 

implementation 

An  implementation  report  is  also  required  by  Council  Directives  91/383/EEC  of 
25 June  1991,  supplementing  the  measures  to  encourage  improvements  in  the  safety 
and  health  at  work  of  workers  with  a  fixed  duration  employment  relationship  or  a 
temporary employment relationship22, 92/29/EEC of 31 March 1992 on the minimum 
safety and health requirements for improved medical treatment on board vessels23, and 
94/33/EC of 22 June 1994 on the protection of young people at work24.  

Moreover, the current provisions stipulate different intervals for the submission to the 
Commission of practical implementation reports (four or five years). These disparities 
will  be  harmonised  by  this  proposal,  which  also  aims  to  improve  and  rationalise  the 

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24 

OJ L 307, 13.12.1993, p. 1. 
OJ L 131, 05.05.1998, p. 11. 
OJ L 23 of 28.1.2000 p. 57. 
OJ L 177, 06.07.2002, p. 13. 
OJ L 42, 15.02.2003, p. 38. 
OJ L 159, 30.04.2004, p. 1. 
OJ L 114, 27.04.2006, p. 38. 
OJ L 263, 24.09.1983, p. 25. 
OJ L 262, 17.10.2000, p. 21. 
OJ L 229, 29.06.2004, p. 23. 
OJ L 206, 29.07.1991, p. 19. 
OJ L 113, 30.04.1992, p. 19. 
OJ L 216, 20.08.1994, p. 12. 

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existing  framework  by  providing  for  a  single  document  on  practical  implementation, 
which  would  include  a  general  section  with  general  principles  and  common  aspects 
applicable  to  all  the  directives,  complemented  by  specific  chapters  dealing  with  the 
aspects particular to each directive. 

At the moment, the different time intervals imposed by the various directives mean that 
evaluation exercises are carried out almost continuously, resulting in disproportionately 
high administrative costs.  

120 

•  General context 

A  considerable  number  of  Community Directives concerning protection of  the health 
and safety of workers at work require the Member States to report to the Commission 
at  regular  intervals  on  the  practical  implementation  of  the  Directives,  indicating  the 
social partners’ opinions. 

The  Directives  in  question  provide  for  different  intervals  for  the  submission  to  the 
Commission  of  the  national  reports:  either  every  five  years  (Directives  89/391/EEC, 
89/654/EEC,  89/655/EEC,  89/656/EEC,  91/383/EEC,  92/29/EEC,  92/58/EEC, 
92/85/EEC,  92/91/EEC,  92/104/EEC,  94/33/EC,  98/24/EC,  99/92/EC,  2002/44/EC, 
2003/10/EC  and  2004/40/EC)  or  every  four  years  (Directives  90/269/EEC, 
90/270/EEC,  92/57/EEC  and  93/103/EEC).  Besides,  the  Commission  must  submit 
periodically  to  the  European  Parliament,  the  Council,  the  Economic  and  Social 
Committee  and  the  Committee  of  the  Regions  a  report  on  the  implementation  of  the 
Directives concerned, taking into account, inter alia, the national reports. 

Experience gained during years of implementing these provisions highlights not only 
considerable  variations  in  the  intervals  for  the  submission  to  the  Commission  of 
national reports, but also administrative constraints which complicate and bureaucratise 
the exercise. 

The  preparation  of  regular  reports  on  the  practical  implementation  of  the  Directives 
concerning protection of the health and safety of workers is an important tool in taking 
stock of the efficiency of the measures adopted and their impact on the quality of the 
health and safety of workers in the European Union. 

In  its  communication  "Adapting  to  change  in  work  and  society:  a  new  Community 
strategy for health and safety"25, the Commission indicates in chapter 3.3.1. "Adapting 
the legal and institutional framework", that the existence of a full, coherent and solid 
Community  legislative  framework  is  an  essential  tool  in  terms  of  health  and  safety, 
where there is a need for standards and principles for preventing risks and protecting 
workers, and it states its intention to pursue a balanced approach in this field, based on 
experience gained in the implementation of legislative texts, along a number of parallel 
routes, inter alia via simplification and rationalisation of the existing legal framework, 
notably by producing a single report on their implementation, rather than the specific 

25 

COM(2002) 118 final, 11.3.2002. 

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reports required under the various directives. 

In its resolution26 on the Commission's communication on a new Community strategy 
on health and safety at work 2002-2006, the Council notes that the Commission intends 
to  present  legislative  proposals  with  a  view  to  rationalising  reports  on  the 
implementation of the Community directives and calls on the Commission to submit to 
it,  by  way  of  the  Commission's  right  of  initiative,  any  proposal  needed  for  achieving 
the objectives set out in the new strategy, in particular for the purpose of rationalisation 
of the existing legal framework. 

For  its  part,  the  European  Parliament,  in  its  resolution27  on  the  Commission's 
communication on a new Community strategy on health and safety at work 2002-2006, 
considers that the proposal to codify and simplify (rather than de-regulate) the existing 
Community  legislation  in  this  area  sits  well  with  the  wider  project  to  simplify  and 
improve  the  acquis  communautaire  in  general  as  reflected  in  the  Commission's 
communication  "Simplifying  and  improving  the  regulatory  environment"28  and  in  its 
action plan29, and calls for health and safety, as an established and citizen-centred area 
of  Community  law,  to  be  a  priority  sector  in  the  programme  of  legislative 
simplification  to  be  jointly  defined  by  the  Council,  Commission  and  Parliament. 
Parliament recognises in this connection that the focus is on revising the application of 
existing Community law and on the proposal relating to a single implementation report 
covering all the directives concerned. 

More  recently,  in  its  report  on  improving  health  and  safety  in  the  workplace,  the 
European  Parliament  supported  the  Commission's  proposal  to  submit  a  single  report 
covering the practical implementation of all the directives in the 25 Member States. 

In  the  context  of  the  "Better  lawmaking"  initiative  of  June  2002,  the  Commission 
proposed  in  February  2003  a  policy  for  "updating  and  simplifying  the  Community 
acquis",  aimed  at  securing  a  clear,  understandable,  up-to-date  and  user-friendly  body 
of  secondary  Community  legislation  for  the  benefit  of  citizens,  economic  operators, 
public  administrations  etc.  To  achieve  this  goal,  the  Commission  intervenes  at  six 
levels,  namely  simplification,  consolidation,  codification,  repeal,  obsolescence,  and 
organisation and presentation of the acquis. 

Based  on  the  indicators  proposed  in  its  February  2003  communication,  the 
Commission  immediately  identified  19  policy  sectors  that  could  be  simplified, 
including health and safety at work. 

The  problem  was  also  pinpointed  in  the  conclusions  adopted  by  the  Competitiveness 
Council at its meeting of 25 and 26 November 2004 as one of the Council's priorities 
for simplifying Community law. An analysis of the problem shows that the information 
prescribed in certain health and safety directives imposes a disproportionate burden on 
the Member States, and one possible solution proposed is to minimise the amount of 
information  required,  and  to  ensure  its  harmonisation  and  communication  every  six 

26 
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29 

OJ C 161, 5.7.2002. 
PE 323.680. 
COM(2001) 726, 5.12.2001. 
COM(2002) 278, 6.6.2002. 

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years in the form of an overall report on all measures. 

130 

•  Existing provisions in the area of the proposal 

Article  3  of  the  proposal  contains  a  list  of  provisions  in  force  that  will  be  repealed. 
These  are  the  final  provisions  of  the  directives  indicated  that  contain  references  to 
reports on the practical implementation of the directives. 

All  these  provisions  will  therefore  be  repealed  by  this  proposal.  The  proposal 
nonetheless  retains,  through  the  inclusion  of  an  Article  17a  in  Directive  89/391/EEC 
and  an  Article  relating  to  the  implementation  report  in  Directives  83/477/EEC, 
91/383/EEC, 92/29/EEC and 94/33/EC, the Member States’ obligation to prepare and 
submit  a  report  on  the  practical  implementation  of  the  health  and  safety  Directives, 
while harmonising the intervals for their submission to five years and rationalising the 
exercise  by  requiring  a  single  report.  This  proposal  extends  that  obligation  to  the 
directives  that  do  not  provide  for  an  implementation  report;  namely,  Directives 
83/477/EEC,  2000/54/EC  and  2004/37/EC.  Moreover,  the  proposal  states  that  the 
structure  of  the  report  will  be  defined  by  the  Commission,  in  cooperation  with  the 
Advisory Committee on Safety and Health at Work.  

140 

•  Consistency with the other policies and objectives of the Union 

This proposal is consistent with the objectives of the European Union's other policies, 
particularly  as  regards  improving  the  regulatory  framework  with  the  aim  of  making 
businesses  more  competitive.  Indeed,  this  proposal  will  allow,  by  requiring  a  single 
report, better evaluation of the impact of Community provisions on health and safety at 
work  as  regards  the  reduction  of  work  accidents  and  occupational  diseases,  and 
therefore  better  evaluation  of  the  resulting  economic  benefits  for  businesses  and 
society as a whole.  

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENTS 

•  Consultation of stakeholders 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The Commission consulted,  in accordance with Article 138 of the EC Treaty, in two 
stages, the representative social-partner organisations at European level listed in Annex 
5 of the Commission's communication "Partnership for change in an enlarged Europe – 
Enhancing  the  contribution  of  European  social  dialogue"30  and  the  Advisory 
Committee on Safety and Health at Work, in accordance with the Council Decision of 
22 July 2004 on the creation of an Advisory Committee on Safety and Health at Work, 
which gave a favourable opinion.  

212 

Summary of responses and how they have been taken into account 

The  social  partners  all  emphasised  the  importance  they  attach  to  an  initiative  to 
simplify  and  rationalise  the  provisions  of  the  Community  directives  that  impose 

30 

COM(2004) 557 final, 12.8.2004. 

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practical  implementation  reporting  obligations.  Their  suggestions  to  harmonise  the 
intervals  for  submission  to five  years and extend  the scope  of  the initiative to all the 
directives in this area have been taken into account. 

The  representatives  of  the  social  partners  of  the  25  Member  States  on  the  Advisory 
Committee  have  reaffirmed  the  position  already  expressed  by  the  social  partners  at 
European level during the consultation under Article 138 of the Treaty.  

The government representatives within this same committee have also expressed their 
support for an initiative aiming to reduce the adminstrative burden associated with the 
need to produce multiple reports.  

•  Collection and use of expertise 

Use of external expertise was not necessary. 

•  Impact assessment 

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230 

Option  1:  Do  nothing  at  this  stage.  This  option  would  perpetuate  a  legal  framework 
containing  multiple  obligations  (one  per  directive)  to  report  to  the  Commission  at 
different times. This situation obliges national administrations and the social partners at 
national level to carry out evaluations continuously without any real added value.  

Option  2:  Amending  the  legal  framework  in  order  to  bring  together  the  various 
reporting  obligations  in  a  single  report  would  allow  an  overall  evaluation  to  be 
obtained  at  regular  intervals  and  simplify  the  evaluation  efforts  of  the  national 
administrations and social partners at national level and would result in a considerable 
reduction in costs.  

The proposed amendment affects  only the Member States’ obligation to report to the 
Commission  on  the  practical  implementation  of  the  health  and  safety  at  work 
Directives; it does not impose any additional obligations on businesses. 

This proposal will allow, by requiring a single report, better evaluation of the impact of 
Community provisions on health and safety at work as regards the reduction of work 
accidents  and  occupational  diseases,  and  therefore  better  evaluation  of  the  resulting 
economic benefits for businesses and society as a whole.  

Given  its  nature,  this  proposal  has  not  been  the  subject  of  an  impact  assessment.  A 
financial statement is attached to this proposal. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

A  new  Article  17a  entitled  "Implementation  reports"  is  added  to  Directive 
89/391/EEC:  It  requires  the  Member  States  to  submit  to  the  Commission,  every  five 
years, a single report on the practical implementation of Directive 89/391/EEC and its 
individual  Directives,  indicating  the  social  partners'  points  of  view.  It  contains 
provisions on the content and procedure for preparing and submitting reports, and on 
the  overall  implementation  evaluation  to  be  carried  out  by  the  Commission.  These 

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provisions  will  also  permit  the  inclusion  in  this  implementation  reporting  exercise  of 
any  future  individual  directives  within  the  meaning  of  Article  16(1)  of  Directive 
89/391/EEC. 

Article  2  of  the  proposal  provides  for  the  inclusion  of  a  new  Article  on  an 
implementation  report  in  the  directives  that  are  not  individual  directives  within  the 
meaning  of  Article  16(1)  of  Directive  89/391/EEC,  namely  Directives  83/477/EEC, 
91/383/EEC,  92/29/EEC  and  94/33/EC,  requiring  the  Member  States  to  submit  their 
implementation  reports  to  the  Commission  in  the  form  of  a  specific  chapter  of  the 
single report provided for under Article 17a (1) of Directive 89/391/EEC, and this will 
serve as a basis for the evaluation to be carried out by the Commission in accordance 
with Article 17a (4). 

Article 3 of the proposal repeals the provisions of the directives currently in force that 
deal with implementation reports. 

•  Legal basis 

Article 137(2) of the EC Treaty. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  in  so  far  as  the  proposal  concerns  a  field,  the 
protection of the health and safety of workers at work, which does not fall under the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States 
for the reasons below. 

The directives' provisions cannot be amended or repealed at national level.  

The  objectives  of  the  proposal  can  be  better  achieved  by  Community  action  for  the 
following reasons. 

This proposal amends a Community legal act in force and repeals certain provisions of 
several directives in the field in question, which could not be achieved by the Member 
States themselves. On the other hand, it is a question of harmonising and rationalising 
the  procedure  for  the  preparation  and  submission  of  national  reports  on  the  practical 
implementation of the directives and the report to be produced by the Commission.  

The  proposal  will  improve  the  system  for  evaluating  the  health  and  safety  at  work 
Directives. 

It  will  allow  a  significant  reduction  in  the  administrative  burden  resulting  from  the 
multiple obligations provided for in each directive.  

The  principle  of  subsidiarity  is  maintained,  since  the  proposal  amends  existing 
Community provisions so as to improve and simplify their application. 

The proposal therefore complies with the subsidiarity principle. 

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•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The  proposal  does  not  go  beyond  what  is  necessary  to  achieve  the  objective  of 
simplifying and rationalising the existing legal framework in order to establish a single 
practical implementation report.  

It  is  expected  that  the  administrative  burden  on  the  Commission,  the  national 
authorities and the social partners will be significantly reduced.  

•  Choice of instruments 

Proposed instrument: directive. 

Other instruments would not be adequate for the following reasons. 

Since it is a question of amending a directive and repealing the provisions of several 
directives, the only suitable method is the adoption of a directive. 

4)  BUDGETARY IMPLICATIONS 

The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  simplifies  the  legislative  framework,  the  administrative  procedures 
applicable  to  (national  or  European)  public  authorities  and  the  administrative 
procedures applicable to bodies and private individuals. 

Currently,  most  of  the  existing  Directives  concerning  protection  of  the  health  and 
safety  of  workers  at  work  require  the  Member  States  to  prepare  and  submit  to  the 
implementation  reports, 
Commission,  at  different 
indicating the social partners’ points of view, and require the Commission to prepare 
its own report on the implementation of the directives.  

intervals,  national  practical 

This proposal simplifies and rationalises the exercise by harmonising the intervals for 
the submission of national reports to the Commission and requiring only one practical 
implementation  report,  which  will  include  a  general  section  and  specific  chapters  on 
the aspects particular to each directive.  

The  national  authorities  will  have  to  prepare  and  submit  only  one  report  on  the 
implementation  of  the  directives  every  five  years.  The  Commission  will  also  see  a 
considerable simplification of its tasks, as it will receive and have to process only one 
report from each Member State every five years, rather than multiple reports from each 
of them.  

The tasks of the social partners will also be simplified in that their contributions will be 
limited to a single practical implementation report every five years.  

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516 

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560 

570 

The proposal forms part of the Commission programme updating and simplifying the 
Community acquis. 

•  Repeal of existing legislation 

The  adoption  of  this  proposal  will  mean  that  some  legislative  provisions  must  be 
repealed. 

•  European Economic Area 

This draft instrument has to do with an area covered by the EEA Agreement and must 
therefore be extended to the European Economic Area. 

•  Detailed explanation of the proposal by chapter or by article 

This proposal simplifies the obligations imposed respectively on the Member States to 
report  on  the  practical  implementation  of  the  directives  and  on  the  Commission  to 
prepare  a  report  based  on  the  national  reports,  by  harmonising  the  intervals  for  the 
preparation of reports and their submission to the Commission and requiring a single 
practical  implementation  report,  which  will  include  a  general  section  and  chapters 
specific to each directive in question.  

Article  1  of  the  proposal  thus  adds  a  new  Article  17a  to  Directive  89/391/EEC 
requiring  the  Member  States  to  submit  to  the  Commission  a  single  report  on  the 
practical implementation of that Directive and of the individual Directives within the 
meaning of Article 16(1) thereof (Article 17a (1) of Directive 89/391/EEC). 

In order to ensure the consistency and facilitate the use of the national reports, Article 1 
of the proposal (Article 17a (2) of Directive 89/391/EEC) also states that the structure 
of  the  report  will  be  defined  by  the  Commission,  in  conjunction  with  the  Advisory 
Committee on Safety and Health at Work. 

The structure of the report, together with a questionnaire specifying its content, will be 
sent  to  the  Member  States  six  months  before  the  end  of  the  period  covered  by  the 
report. The Member States must transmit their reports to the Commission within nine 
months of the end of the five-year period that they cover (see Article 1 of the proposal 
– Article 17a (3) of Directive 89/391/EEC).  

Article  1  of  the  proposal  (Article  17a  (4)  of  Directive  89/391/EEC)  also  requires  the 
Commission,  based  on  the  national  reports,  to  carry  out  an  overall  evaluation  of  the 
implementation  of  the  directives  in  question  and  of  any  developments  and  to  inform 
the  other  institutions  of  the  results  of  this  evaluation  and,  where  applicable,  of  any 
initiatives that may prove necessary.  

Article  2  of  the  proposal  provides  for  the  inclusion  of  a  new  Article  on  an 
implementation  report  in  the  directives  that  are  not  individual  directives  within  the 
meaning  of  Article  16(1)  of  Directive  89/391/EEC,  namely  Directives  83/477/EEC, 
91/383/EEC,  92/29/EEC  and  94/33/EC,  requiring  the  Member  States  to  submit  their 
implementation  reports  to  the  Commission  in  the  form  of  a  specific  chapter  of  the 
single report provided for under Article 17a (1), (2) and (3) of Directive 89/391/EEC 
and this will serve as a basis for the evaluation to be carried out by the Commission in 

EN 

10 

   EN 

 
accordance with Article 17a (4). 

Article 3 of the proposal repeals the provisions on the practical implementation reports 
in the directives concerned. 

The  proposal  requires  the  Member  States  to  take  the  necessary  measures  to  comply 
with  the  new  rules  (Article  4).  This  does  not  necessarily  imply  the  adoption  of 
legislative, regulatory or administrative acts at Member State level. 

EN 

11 

   EN 

 
 
2006/0127 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 89/391/EEC, its individual Directives and Council 
Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying 
and rationalising the reports on practical implementation 

(Text with EEA relevance) 

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, 

Having  regard  to  the  Commission's  proposal31,  presented  after  consultation  of  the  Advisory 
Committee on Safety and Health at Work, 

Having  regard  to  the  opinion  of  the  European  Economic  and  Social  Committee32,  after 
consultation of the Committee of the Regions, 

Having regard to the opinion of the Committee of the Regions33, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty34, 

Whereas: 

(1) 

The preparation by the Member States of a practical implementation report, which is 
one  of  the  bases  for  the  Commission’s  report,  is  provided  for  by  Council  Directive 
89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to  encourage 
improvements  in  the  safety  and  health  of  workers  at  work35,  and  by  the  individual 
Directives  within  the  meaning  of  Article  16(1)  of  that  Directive,  namely:  Council 
Directive  89/654/EEC  of  30  November  1989  concerning  the  minimum  safety  and 
the  workplace36,  Council  Directive  89/655/EEC  of 
health  requirements  for 
30 November  1989  concerning  the  minimum  safety  and  health  requirements  for  the 
use  of  work  equipment  by  workers  at  work37,  Council  Directive  89/656/EEC  of 
30 November  1989  concerning  the  minimum  health  and  safety  requirements  for  the 

31 
32 
33 
34 

35 
36 
37 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
European  Parliament  Opinion  of  …  (OJ  C,  Council  Common  Position  of  …  (…)  and  position  of  the 
European Parliament of …) 
OJ L 183, 29.06.1989, p.1. 
OJ L 393, 30.12.1989, p. 1. 
OJ L 393, 30.12.1989, p. 13. 

EN 

12 

   EN 

 
 
                                                 
use by workers of personal protective equipment at the workplace38, Council Directive 
90/269/EEC of 29 May 1990 concerning the minimum health and safety requirements 
for  the  manual  handling  of  loads  where  there  is  a  risk  particularly  of  back  injury  to 
workers39,  Council  Directive  90/270/EEC  of  29  May  1990  concerning  the  minimum 
safety  and  health  requirements  for  work  with  display  screen  equipment40,  Council 
Directive  92/57/EEC  of  24  June  1992  concerning  the  implementation  of  minimum 
safety  and  health  requirements  at  temporary  or  mobile  construction  sites41,  Council 
Directive  92/58/EEC of 24 June  1992  concerning  the minimum  requirements for  the 
provision  of  safety  and/or  health  signs  at  work42,  Council  Directive  92/85/EEC  of 
19 October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety and  health at work of  pregnant workers and workers who have recently given 
birth  or  are  breastfeeding43,  Council  Directive  92/91/EEC  of  3  November  1992 
concerning the minimum requirements for improving the safety and health protection 
of  workers  in  the  mineral-extracting  industries  through  drilling44,  Council  Directive 
92/104/EEC  of  3  December  1992  concerning  the  minimum  requirements  for 
improving  the  safety  and  health  protection  of  workers  in  surface  and  underground 
mineral-extracting  industries45,  Council  Directive  93/103/EC  of  23  November  1993 
concerning  the  minimum  safety  and  health  requirements  for  work  on  board  fishing 
vessels46, Council Directive 98/24/EC of 7 April 1998 concerning the protection of the 
health  and  safety  of  workers  from  the  risks  related  to  chemical  agents  at  work47, 
Directive  99/92/EC  of  the  European  Parliament  and  of  the  Council  concerning 
minimum  requirements  for  improving  the  safety  and  health  protection  of  workers 
potentially  at  risk  from  explosive  atmospheres48,  Directive  2002/44/EC  of  the 
European  Parliament  and  of  the  Council  of  25  June  2002  concerning  the  minimum 
health and safety requirements regarding the exposure of workers to the risks arising 
from physical agents (vibration)49, Directive 2003/10/EC of the European Parliament 
and  of  the  Council  of  6  February  2003  concerning  the  minimum  health  and  safety 
requirements  regarding  the  exposure  of  workers  to  the  risks  arising  from  physical 
agents (noise)50, Directive 2004/40/EC of the European Parliament and of the Council 
of  29  April  2004  concerning  the  minimum  health  and  safety  requirements  regarding 
the  exposure  of  workers  to  the  risks  arising  from  physical  agents  (electromagnetic 
fields)51,  Directive  2006/25/EC  of  the  European  Parliament  and  of  the  Council  of 
5 April 2006 on the minimum health and safety requirements regarding the exposure 
of workers to risks arising from physical agents (artificial optical radiation)52. 

38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 

OJ L 393, 30.12.1989, p. 18. 
OJ L 156, 21.06.1990, p. 9. 
OJ L 156, 21.06.1990, p. 14. 
OJ L 245, 26.08.1992, p. 6. 
OJ L 245, 26.08.1992, p. 23. 
OJ L 348, 28.11.1992, p. 1. 
OJ L 348, 28.11.1992, p. 9. 
OJ L 404, 31.12.1992, p. 10. 
OJ L 307, 13.12.1993, p. 1. 
OJ L 131, 05.05.1998, p. 11. 
OJ L 23, 28.1.2000 p. 57. 
OJ L 177, 06.07.2002, p. 13. 
OJ L 42, 15.02.2003, p. 38. 
OJ L 159, 30.04.2004, p. 1. 
OJ L 114, 27.04.2006, p. 38. 

EN 

13 

   EN 

 
                                                 
(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

An  implementation  report  is  also  required  by  Council  Directives  91/383/EEC  of 
25 June  1991,  supplementing  the  measures  to  encourage  improvements  in  the  safety 
and  health  at  work  of  workers  with  a  fixed  duration  employment  relationship  or  a 
temporary employment relationship53, 92/29/EEC of 31 March 1992 on the minimum 
safety and health requirements for improved medical treatment on board vessels54, and 
94/33/EC of 22 June 1994 on the protection of young people at work55.  

The  provisions  on  the  preparation  of  reports  in  the  individual  Directives  within  the 
meaning  of  Article  16(1)  of  Directive  89/391/EC  and  in  Directives  91/383/EEC, 
92/29/EEC and 94/33/EC are inconsistent in terms of both frequency and content. 

The obligations on the Member States to report on the practical implementation and on 
the  Commission  to  draw  up  a  report  on  the  basis  of  the  national  reports  are  an 
important part of the legislative cycle, providing the opportunity to take stock of and 
evaluate  the  various  aspects  of  the  practical  implementation  of  the  Directives;  it  is 
therefore  appropriate  to  extend  this  obligation  to  those  directives  that  do  not  require 
reports, namely: Directive 2000/54/EC of the Parliament and of the European Council 
of 18 September 2000 on the protection of workers from risks related to exposure to to 
biological agents at work (seventh individual Directive within the meaning of Article 
16(1)  of  Directive  89/391/EEC)56, Directive 2004/37/EC  of the European Parliament 
and of the Council of 29 April 2004 on the protection of workers from the risks related 
to exposure to carcinogens or mutagens at work (sixth individual Directive within the 
meaning  of  Article  16(1)  of  Council  Directive  89/391/EEC)57  and  Council  Directive 
83/477/EEC of 19 September 1983 on the protection of workers from the risks related 
to exposure to asbestos at work58. 

It  is  therefore  necessary  to  harmonise  the  provisions  of  Directive  89/391/EEC,  the 
individual  Directives  within  the  meaning  of  Article  16(1)  thereof  and  Directives 
83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC.  

The  Commission’s  communication  "Adapting  to  change  in  work  and  society:  a  new 
Community  strategy  for  health  and  safety  2002-2006"59  provides  for  the  drafting  of 
legislative  proposals  to  simplify  and  rationalise  implementation  reports.  This  matter 
has  also  been  identified  as  one  of  the  priorities  for  the  simplification  of  Community 
legislation in the context of the Better Lawmaking initiative. 

The  exercise  should  be  simplified  by  harmonising  the  intervals  for  the  practical 
implementation reports to be submitted to the Commission and by requiring a single 
practical  implementation  report  which  would  include  a  general  part  applicable  to  all 
the directives and specific chapters relating to the aspects particular to each directive. 
These provisions and in particular the introduction of a new Article 17a in Directive 
89/391/EEC  will  furthermore  allow  the  inclusion  in  this  implementation  report 
exercise of the individual Directives within the meaning of Article 16(1) of Directive 

53 
54 
55 
56 
57 
58 
59 

OJ L 206, 29.07.1991, p. 19. 
OJ L 113, 30.04.1992, p. 19. 
OJ L 216, 20.08.1994, p. 12. 
OJ L 262, 17.10.2000, p. 21. 
OJ L 229, 29.06.2004, p. 23. 
OJ L 263, 24.09.1983, p. 25. 
COM(2002) 118 final,  

EN 

14 

   EN 

 
                                                 
89/391/EEC  that  do  not  require  reports,  namely:  Directives  2000/54/EC  and 
2004/37/EC and any future individual directives within the meaning of Article 16(1) 
of Directive 89/391/EEC.  

The appropriate frequency for the Member States to draw up these reports and submit 
them  to  the  Commission  would  be  five  years;  the  structure  of  the  reports  must  be 
consistent  to  facilitate  their  exploitation;  they  must  be  drawn  up  on  the  basis  of  a 
questionnaire drafted by the Commission after consulting the Advisory Committee on 
Safety and Health at Work. 

In accordance with Article 138(2) of the Treaty, the Commission consulted the social 
partners  at  Community  level  on  the  possible  direction  of  Community  action  in  this 
field. 

(8) 

(9) 

(10)  Following  this  consultation,  the  Commission  considered  that  Community  action  was 
desirable and consulted the social partners at Community level again on the content of 
the envisaged proposal, in accordance with Article 138(3) of the Treaty. 

(11)  Following  this  second  phase  of  consultation,  the  social  partners  at  Community  level 
did not inform the Commission of their wish to initiate the process which could lead to 
the conclusion of an agreement, as set out in Article 138(4) of the Treaty. 

(12)  The necessary measures to be taken by the Member States do not involve the adoption 
of  legislative,  regulatory  or  administrative  acts,  since  the  drafting  of  reports  on  the 
implementation  of  Community  directives  does  not  currently  require  the  adoption  of 
such provisions at Member State level. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 - Amendments to Directive 89/391/EEC 

The following Article 17a is inserted in Directive 89/391/EEC: 

"Article 17a – Implementation reports 

1. Every five years, the Member States shall submit a single report to the Commission on the 
practical  implementation  of  this  Directive  and  individual  Directives  within  the  meaning  of 
Article 16(1) thereof, indicating the points of view of the social partners.  

2.  The  structure  of  the  report  shall  be  defined  by  the  Commission,  in  cooperation  with  the 
Advisory Committee on Safety and Health at Work.  

It shall include a general part on the provisions of this Directive and specific chapters on the 
implementation of the Directives referred to in paragraph 1. 

3.  The  Commission  shall  send  the  structure  of  the  report,  together  with  a  questionnaire 
specifying its content, to the Member States six months before the end of the period covered 
by  the  report.  The  report  shall  be  transmitted  to  the  Commission  within  nine  months  of  the 
end of the five-year period that it covers. 

EN 

15 

   EN 

 
4.  Using  these  reports  as  a  basis,  the  Commission  shall  evaluate  the  implementation  of  the 
Directives concerned and developments in terms of research and new scientific knowledge in 
the  various  fields  in  question.  It  shall  periodically  inform  the  European  Parliament,  the 
Council,  the  European  Economic  and  Social  Committee  and  the  Advisory  Committee  on 
Safety and Health at Work of this evaluation and, if necessary, of any initiatives to improve 
the operation of the regulatory framework. 

5. The first report shall cover the period 2007 to 2012 inclusive." 

Article 2 – Amendments to Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC 

1. The following Article 17a is inserted in Directive 83/477/EEC:  

"Article 17a – Implementation report 

Every five years, the Member States shall submit to the Commission a report on the practical 
implementation of this Directive in the form of a specific chapter of the single report referred 
to  in  Article  17a  (1),  (2)  and  (3)  of  Directive  89/391/EEC,  which  serves  as  a  basis  for  the 
Commission's evaluation, in accordance with Article 17a (4)." 

2. The following Article 10a is inserted in Directive 91/383/EEC: 

"Article 10a – Implementation report 

Every five years, the Member States shall submit to the Commission a report on the practical 
implementation of this Directive in the form of a specific chapter of the single report referred 
to  in  Article  17a  (1),  (2)  and  (3)  of  Directive  89/391/EEC,  which  serves  as  a  basis  for  the 
Commission's evaluation, in accordance with Article 17a (4)." 

3. The following Article 9a is inserted in Directive 92/29/EEC: 

"Article 9a – Implementation report 

Every five years, the Member States shall submit to the Commission a report on the practical 
implementation of this Directive in the form of a specific chapter of the single report referred 
to  in  Article  17a  (1),  (2)  and  (3)  of  Directive  89/391/EEC,  which  serves  as  a  basis  for  the 
Commission's evaluation, in accordance with Article 17a (4)." 

4. The following Article 17a is inserted in Directive 94/33/EEC: 

"Article 17a – Implementation report 

Every five years, the Member States shall submit to the Commission a report on the practical 
implementation of this Directive in the form of a specific chapter of the single report referred 
to  in  Article  17a  (1),  (2)  and  (3)  of  Directive  89/391/EEC,  which  serves  as  a  basis  for  the 
Commission's evaluation, in accordance with Article 17a (4)." 

EN 

16 

   EN 

 
 
 
 
Article 3 - Repeal 

With effect from [date to be specified, indicated in Article 4] the following provisions shall 
be repealed:  

1) 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

10) 

11) 

12) 

13) 

14) 

15) 

16) 

17) 

18) 

19) 

20) 

21) 

Article 18(3) and (4) of Directive 89/391/EEC; 

Article 10(3) and (4) of Directive 89/654/EEC; 

Article 10(3) and (4) of Directive 89/655/EEC; 

Article 10(3) and (4) of Directive 89/656/EEC; 

Article 9(3) and (4) of Directive 90/269/EEC; 

Article 11(3) and (4) of Directive 90/270/EEC; 

Article 10(3) and (4) of Directive 91/383/EEC; 

Article 9(3) and (4) of Directive 92/29/EEC; 

Article 14(4) and (5) of Directive 92/57/EEC; 

Article 11(4) and (5) of Directive 92/58/EEC; 

Article 14(4), (5) and (6) of Directive 92/85/EEC; 

Article 12(4) of Directive 92/91/EEC; 

Article 13(4) of Directive 92/104/EEC; 

Article 13(3) and (4) of Directive 93/103/EC; 

Article 17(4) and (5) of Directive 94/33/EC; 

Article 15 of Directive 98/24/EC; 

Article 13(3) of Directive 1999/92/EC; 

Article 13 of Directive 2002/44/EC; 

Article 16 of Directive 2003/10/EC; 

Article 12 of Directive 2004/40/EC; 

Article 12 of Directive 2006/25/EC. 

Article 4 - Implementation 

The  Member  States  shall  adopt  the  measures  necessary  for  them  to  comply  with  the 
provisions of this Directive by […]. 

EN 

17 

   EN 

 
When  the  Member  States  adopt  those  measures,  they  shall  contain  a  reference  to  this 
Directive  or  shall  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

Article 5 - Entry into force 

This  Directive  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 6 - Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

18 

   EN 

 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  amending 
Council  Directive  89/391/EEC,  its  individual  Directives  and  Council  Directives 
83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and 
rationalising the reports on practical implementation. 

2. 

ABM / ABB FRAMEWORK 

Policy area(s) concerned and associated activity/activities: 

Employment  and  social  affairs  –  Work  organisation  and  working  conditions  – 
Modernisation of employment law and industrial relations, including safety, hygiene 
and health of workers. 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings : 

N/A 

3.2. 

Duration of the action and of the financial impact: 

N/A – no financial implications 

3.3. 

Budgetary characteristics (add rows if necessary) : N/A 

Budget 
line 

Nature of the expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Compulsory/
Non-
compulsory 
expenditure 

Compulsory/
Non-
compulsory 
expenditure 

60Diff/ Non-
dif61 

Differentiated 
/Non-
differentiated 
appropriations 

YES/N
O 

YES/N
O 

YES/NO 

YES/NO 

N°  

YES/NO 

YES/NO 

N°  

60 
61 

Differentiated appropriations 
Non-differentiated appropriations 

EN 

19 

   EN 

 
 
 
 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Nature of the expenditure 

Section n° 

Year n 

n + 1

n + 2

n + 3

n + 4 

n +5 
and 
later 

Total 

EUR million (to 3 decimal places) 

0 

0 

0 

Operational expenditure62 

Commitment 
Appropriations (CA) 

8.1. 

a 

Appropriations 

Payment 
(PA) 
Administrative expenditure within reference amount63 

b 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT 

Commitment 
appropriations 

Payment appropriations 

a + 
c 

b + 
c 

Administrative expenditure not included within reference amount64 

Human resources and 
associated expenditure 
(NDA) 

Administrative costs, other than 
human resources and associated 
costs, not included in reference 
amount (NDA) 

8.2.5. 

8.2.6. 

d 

e 

62 
63 
64 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within Article xx 01 04 of Title xx. 
Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05. 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

TOTAL CA including cost 
of human resources 

TOTAL PA including cost 
of human resources 

Co-financing details 

a + 
c + 
d + 
e 

b + 
c + 
d + 
e 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Years n 

n + 1

n + 2

n + 3

n + 4 

n + 5 
and 
later. 

Total 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a + c 
+ d + 
e + f 

4.1.2.  Compatibility with Financial Programming 

X 

Proposal compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement65 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Note: All details and observations relating to the method of calculating the effect 
on revenue should be shown in a separate annex. 

65 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue  

EUR million (to one decimal place) 

Situation following action  

[Yea
r n] 

[n + 
1] 

[n + 
2] 

[n + 
3] 

[n + 
4] 

[n + 
5]66 

Prior 
to 
actio
n 
[Year 
n-1]  

a) Revenue in absolute terms 

b) Change in revenue  

 ∆ 

(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1.  

Annual 
requirements 

Year n 

n + 4 

n+5 and later 

Total  number 
human resources 

of 

1A  for  60 
days 

1C  for  60 
days 

for 

1A 
120 days 

1A 
days 

for  120 

for 

1C 
120 days 

1C 
days 

for  120 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. 
This  section  of  the  Legislative  Financial  Statement  should  include  the  following 
specific complementary information: 

5.1. 

Need to be met in the short or long term 

Simplification and rationalisation of existing legal framework. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Action  needed  at  Community  level  because  it  amends  an  existing  directive  and 
repeals provisions in several directives. 

66 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

Simplification and rationalisation of existing legal framework. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)67 chosen for the implementation of the action. 

X Centralised Management 

X  Directly by the Commission 

(cid:133) 

Indirectly by delegation to: 

(cid:133) 

Executive Agencies 

(cid:133)  Bodies set up by the Communities as referred to in Art. 185 of the 

Financial Regulation, 

(cid:133)  National public-sector bodies/bodies with public-service mission 

(cid:133) Shared or decentralised management 

(cid:133)  With Member States 

(cid:133)  With third countries 

(cid:133) Joint management with international organisations (please specify) 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Monitoring of the submission of national reports to the Commission. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

N/A 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

Previous experience has shown the need to simplify and rationalise the existing legal 
framework. 

67 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

EN 

23 

   EN 

 
                                                 
6.2.3.  Terms and frequency of future evaluation 

The next evaluation will take place at the end of the first period for the submission of 
implementation reports in 2012. 

7. 

ANTI-FRAUD MEASURES 

N/A 

EN 

24 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings 
of 
objectives,  actions 
and outputs should 
be provided) 

Type 
of 
output 

Aver
age 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

of 

No. 
outputs 

Tota
l 
cost 

of 

No. 
outputs 

Tota
l 
cost 

of 

No. 
outputs 

Tota
l 
cost 

of 

No. 
outputs 

Tota
l 
cost 

of 

No. 
outputs 

Tota
l 
cost 

of 

No. 
outputs 

Tota
l 
cost 

of 

No. 
outputs 

Tota
l 
cost 

Commitments (in EUR million to three decimal places) 

68OPERATIONAL 
OBJECTIVE No 1 

Action 1. 

- Output 1 

- Output 2 

Action 2 

- Output 1 

Sub-total  Objective 
1 

OPERATIONAL 
OBJECTIVE No.2 

Action 1 

- Output 1 

Sub-total  Objective 
2 

68 

As described under Section 5.3. 

EN 

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
OPERATIONAL 
OBJECTIVE No.n 1

Sub-total  Objective 
n 

TOTAL COSTS 

EN 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative expenditure 

8.2.1.  Number and type of human resources 

Type of post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

69Officials or 
temporary staff 
(XX 01 01) 

A*/
AD 

for 

1A 
60 days 

for 

1C 
60 days 

B*, 
C*/
AST 

by 

70Staff 
financed 
Article XX 01 02 

71Other  staff  financed 
by art. XX 01 04/05 

TOTAL 

1A  for  120 
days 

1A  for  360 
days 

1C  for  120 
days 

1C  for  360 
days 

8.2.2.  Description of tasks deriving from the action 

Year n: preparation, consultation and adoption of the structure for national reports. 

Year  n+4  and/or  year  n+5:  monitoring  of  submission  of  the  25  national  reports, 
analysis and preparation of the Commission’s report. 

8.2.3. 

Sources of human resources (statutory) 

The work will be carried out using existing resources: 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts 
originating from each of the sources) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

69 
70 
71 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4. 

 Other  administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 
Expenditure on administrative management) 

Budget line 

Number and title 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year n+5 

TOTAL 

and later 

EUR million (to 3 decimal places) 

Technical 

1. 
and 
administrative 
assistance 
(including related staff costs) 

Executive agencies72 

0 

Other 
administrative assistance 

technical 

and 

0 

- intra muros  

- extra muros 

Total 
administrative assistance 

technical 

and 

0 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year n+3  Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff  (XX  01 
01) 

Staff financed by Art XX 01 02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of human resources and 
associated costs (NOT in reference 
amount) 

0 

0 

0 

Calculation– Officials and temporary agents 

Reference should be made to Point 8.2.1, if applicable 

. 

72 

EN 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

28 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 

n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

Year 
n+5  
and 
later 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees73 

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2.  Total  other  management  expenditure 

(XX 01 02 11) 

3.  Other  expenditure  of  an  administrative 
nature  (specify,  including  reference  to 
budget line) 

0.03 

0.03 

Total  administrative  expenditure,  other 
than  human  resources  and  associated 
costs 
reference 
included 
amount) 

(NOT 

in 

0.06 

0.06 

Calculation - Other administrative expenditure not included in reference amount 

73 

Specify the type of committee and the group to which it belongs. 

EN 

29 

   EN