Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 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)
Date: 2007-06-20
Institutions: Council of the European Union, European Parliament
Subjects: Council of the European Union, EC Directive, application of EU law, occupational health, occupational safety, report

27.6.2007

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Official Journal of the European Union

L 165/21

DIRECTIVES

DIRECTIVE 2007/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 June 2007

amending Council Directive 89/391/EEC,
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

its

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

establishing the European

Having regard to the Commission’s proposal,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

reports on the

implementation of

The preparation by the Member States of practical im-
plementation reports as a basis for the Commission’s
the
periodical
Community rules on the safety and health of workers,
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
work (3), 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 workplace (4), 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 work (5), Council Directive 89/656/EEC of
30 November 1989 concerning the minimum health and

at

injury

equipment

safety requirements for the use by workers of personal
the workplace (6), Council
protective
Directive 90/269/EEC of 29 May 1990 concerning the
minimum health and safety requirements for the manual
loads where there is a risk particularly
handling of
to workers (7), Council Directive
of
back
90/270/EEC of 29 May 1990 concerning the minimum
safety and health requirements for work with display
screen equipment (8), Council Directive 92/57/EEC of
implementation of
24 June 1992 concerning the
minimum safety and health requirements at temporary
construction sites (9), Council Directive
or mobile
92/58/EEC of 24 June 1992 concerning the minimum
requirements for the provision of safety and/or health
signs at work (10), 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 breastfeeding (11), Council
Directive 92/91/EEC of 3 November 1992 concerning
the minimum requirements for improving the safety
in the mineral-
and health protection of workers
drilling (12), Council
extracting
through
Directive 92/104/EEC of 3 December 1992 on the
minimum requirements for improving the safety and
health protection of workers in surface and underground
industries (13),
mineral-extracting
Council Directive
93/103/EC of 23 November 1993 concerning the
minimum safety and health requirements for work on
board fishing vessels (14), Council Directive 98/24/EC of
7 April 1998 concerning the protection of the health
and safety of workers
related to
chemical agents at work (15), Directive 1999/92/EC of
the Council of 16
the European Parliament and of
December
for
improving the safety and health protection of workers
atmospheres (16),
potentially at
risk from explosive
Directive 2002/44/EC of the European Parliament and
of
the Council of 25 June 2002 on the minimum
health and safety requirements regarding the exposure

on minimum requirements

from the

industries

1999

risks

(1) Opinion delivered on 17 January 2006.
(2) Opinion of the European Parliament of 26 April 2007 (not yet
published in the Official Journal) and Council Decision of 30 May
2007.

(3) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation
the

the European Parliament and of

(EC) No 1882/2003 of
Council (OJ L 284, 31.10.2003, p. 1).

(4) OJ L 393, 30.12.1989, p. 1.
(5) OJ L 393, 30.12.1989, p. 13. Directive as last amended by Directive
the Council

the European Parliament and of

2001/45/EC of
(OJ L 195, 19.7.2001, p. 46).

(6) OJ L 393, 30.12.1989, p. 18.
(7) OJ L 156, 21.6.1990, p. 9.
(8) OJ L 156, 21.6.1990, p. 14.
(9) OJ L 245, 26.8.1992, p. 6.
(10) OJ L 245, 26.8.1992, p. 23.
(11) OJ L 348, 28.11.1992, p. 1.
(12) OJ L 348, 28.11.1992, p. 9.
(13) OJ L 404, 31.12.1992, p. 10.
(14) OJ L 307, 13.12.1993, p. 1.
(15) OJ L 131, 5.5.1998, p. 11.
(16) OJ L 23, 28.1.2000, p. 57.

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Official Journal of the European Union

27.6.2007

of workers to the risks arising from physical agents
(vibration) (1), Directive 2003/10/EC of
the European
Parliament and of the Council of 6 February 2003 on
the minimum health and safety requirements regarding
the exposure of workers to the risks arising from physical
agents (noise) (2), Directive 2004/40/EC of the European
Parliament and of the Council of 29 April 2004 on the
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
agents
Directive
2006/25/EC 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) (4).

the European Parliament and of

(electromagnetic

fields) (3)

and

(2)

(3)

(4)

An implementation report is also required by Council
Directive 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
relationship (5), Council Directive 92/29/EEC of 31
March 1992 on the minimum safety and health
requirements for improved medical treatment on board
vessels (6) and Council Directive 94/33/EC of 22 June
1994 on the protection of young people at work (7).

The provisions on the preparation of reports in the indi-
vidual Directives within the meaning of Article 16(1) of
Directive 89/391/EEC 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
European 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) (8), 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

the Parliament and of

(1) OJ L 177, 6.7.2002, p. 13.
(2) OJ L 42, 15.2.2003, p. 38.
(3) OJ L 159, 30.4.2004, p. 1. Corrected version published in OJ L 184,

24.5.2004, p. 1.

(4) OJ L 114, 27.4.2006, p. 38.
(5) OJ L 206, 29.7.1991, p. 19.
(6) OJ L 113, 30.4.1992, p. 19. Directive as amended by Regulation

(EC) No 1882/2003.

(7) OJ L 216, 20.8.1994, p. 12.
(8) OJ L 262, 17.10.2000, p. 21.

(5)

(6)

(7)

(8)

Directive within the meaning of Article 16(1) of Directive
89/391/EEC) (9) and Council Directive 83/477/EEC of 19
September 1983 on the protection of workers from the
risks related to exposure to asbestos at work (second
individual Directive within the meaning of Article 8 of
Directive 80/1107/EEC) (10).

It is therefore necessary to harmonise the provisions of
the individual Directives within
Directive 89/391/EEC,
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 to 2006’ provides
the
drafting of
and
rationalise implementation reports. This matter has also
been identified as one of the priorities for the simplifi-
cation of Community legislation in the context of the
Better Lawmaking initiative.

for
to simplify

legislative proposals

The exercise should be simplified by harmonising the
intervals for the submission of the practical implemen-
tation reports to the Commission and by requiring a
implementation report which would
single practical
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
furthermore allow the inclusion in
89/391/EEC, will
this implementation report exercise of
the individual
Directives within the meaning of Article 16(1) of
Directive 89/391/EEC that do not
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.

require

The appropriate frequency for the Member States to draw
up these reports and submit them to the Commission
should be five years; the first report should, exceptionally,
cover a longer period; the structure of the reports should
be consistent to facilitate their exploitation; they should
be drawn up on the basis of a questionnaire drafted
by the Commission after
consulting the Advisory
Committee on Safety and Health at Work and include
relevant information on the preventive efforts deployed
in the Member States so as to allow the Commission,
taking into account any relevant findings of the European
Agency for Safety and Health at Work and of
the
European Foundation for the Improvement of Living
and Working Conditions, to adequately assess how the
legislation works in practice.

(9) OJ L 158, 30.4.2004, p. 50. Corrected version published in

OJ L 229, 29.6.2004, p. 23.

(10) OJ L 263, 24.9.1983, p. 25. Directive as last amended by Directive
the Council

the European Parliament and of

2003/18/EC of
(OJ L 97, 15.4.2003, p. 48).

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In accordance with Article 138(2) of
social
consulted
Commission
Community
possible
on
level
Community action in this field.

the

the

the Treaty,
partners
direction

the
at
of

the structure of

The Commission shall submit

the
3.
together with the above-mentioned questionnaire
report,
specifying its content,
least six
months before the end of the period covered by the report.
The report shall be transmitted to the Commission within 12
months of the end of the five-year period that it covers.

to the Member States at

(9)

(10)

(11)

(12)

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

at Community level did not

Following this second phase of consultation, the social
partners
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.

The Member States should take the necessary measures
to transpose the modifications provided for by this
Directive, which could, in view of the specific nature of
this Directive and if appropriate, take the form of admin-
istrative measures,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 89/391/EEC

The following Article shall be inserted in Directive 89/391/EEC:

‘Article 17a

Implementation reports

Every five years,

the Member States shall submit a
1.
single report to the Commission on the practical implemen-
tation of this Directive and individual Directives within the
meaning of Article 16(1), indicating the points of view of the
social partners. The report shall assess the various points
the different
related to the practical
Directives and, where appropriate and available, provide
data disaggregated by gender.

implementation of

The structure of

together with a ques-
the report,
2.
tionnaire specifying its content, shall be defined by the
Commission,
in cooperation with the Advisory Committee
on Safety and Health at Work.

The report shall include a general part on the provisions of
this Directive relating to the common principles and points
applicable to all of the Directives referred to in paragraph 1.

To complement the general part, specific chapters shall deal
with implementation of
the particular aspects of each
Directive, including specific indicators, where available.

Using these reports as a basis, the Commission shall
4.
evaluate the implementation of the Directives concerned in
terms of their relevance, of research and of new scientific
knowledge in the various fields in question. It shall, within
inform the
36 months of the end of the five-year period,
European Parliament, the Council, the European Economic
and Social Committee and the Advisory Committee on
Safety and Health at Work of the results 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.’.

Article 2

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

The following Article shall be inserted in Directive

1.
83/477/EEC:

‘Article 17a

Implementation report

the Member States shall submit

to the
Every five years,
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,
that
Directive.’.

in accordance with Article 17a(4) of

The following Article shall be inserted in Directive

2.
91/383/EEC:

‘Article 10a

Implementation report

the Member States shall submit

to the
Every five years,
implementation of
Commission a report on the practical
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,
that
Directive.’.

in accordance with Article 17a(4) of

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The following Article shall be inserted in Directive

3.
92/29/EEC:

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

‘Article 9a

Implementation report

the Member States shall submit

to the
Every five years,
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,
that
Directive.’.

in accordance with Article 17a(4) of

The following Article shall be inserted in Directive

4.
94/33/EC:

‘Article 17a

Implementation report

the Member States shall submit

to the
Every five years,
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,
that
Directive.’.

in accordance with Article 17a(4) of

Article 3

Repeal

The following provisions shall be repealed with effect from
27 June 2007:

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

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

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

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

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

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

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

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

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

16. Article 15 of Directive 98/24/EC;

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

18. Article 13 of Directive 2002/44/EC;

19. Article 16 of Directive 2003/10/EC;

20. Article 12 of Directive 2004/40/EC;

21. 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 31 December
2012.

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

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

This Directive is addressed to the Member States.

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

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

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

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

Done at Strasbourg, 20 June 2007.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

G. GLOSER