Opinion of the European Economic and Social Committee on the Proposal for a Regulation of the European Parliament and of the Council on Community statistics on public health and health and safety at work COM(2007) 46 final — 2007/0020 (COD)
Date: 2007-10-25
Institutions: European Economic and Social Committee
Subjects: EU statistics, data collection, occupational health, occupational safety, public health

16.2.2008

EN

Official Journal of the European Union

C 44/103

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the
European Parliament and of the Council on Community statistics on public health and health and
safety at work’

COM(2007) 46 final — 2007/0020 (COD)

(2008/C 44/22)

On 19 March 2007, the Council decided to consult the European Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 2 October 2007. The rapporteur was Mr Retureau.

At its 439th plenary session, held on 24 and 25 October 2007 (meeting of 25 October 2007), the European
Economic and Social Committee adopted the following opinion by 77 votes to four, with two abstentions.

1. Summary of the opinion

The Committee supports the proposed Regulation and its
1.1
legal basis; the proposal complies with the principles of subsi-
diarity and proportionality, whilst allowing for the collection of
statistics that are useful to the implementation of the Com-
munity strategy on health and safety at work, for which a clear
legal framework has become necessary.

1.2
It stresses the importance of common definitions and
systems for recognition, not least because of the mobility of
workers, as regards:

— occupational accidents and commuting accidents;

— occupational illnesses caused by working conditions and/or

substances;

— partial or permanent incapacity and invalidity caused by
work-related accidents and illnesses, and the working days
lost.

1.3 When collating statistics as to the number of people
involved in each type of incident, the Committee believes that it
would be helpful to take account of the gender and age of the
victims and, as far as possible, the nature of their contractual
relationship. Particular attention should be paid to the confiden-
tiality of personal data collected.

1.4
The Committee believes that cooperation with the ILO
and the WHO should be developed. In the Committee's view,
the proposed regulation constitutes one of
the most useful
means of bringing about convergence of the nature of the defi-
nitions and data to be recorded, and the methods of collecting
and analysing these data.

2. Commission proposal

2.1
This Regulation is only focused on statistical activities
developed under article 285 of the Treaty establishing the Euro-
pean Community. Its aim is not on policy developments for the

two areas of public health and health and safety at work, which
are carried out respectively under articles 152 and 137 of the
Treaty.

2.2
The production of Community statistics is governed by
the rules set out in Council Regulation (EC) No 322/97 of
(EC)
February
17
No 1882/2003 of
the
Council (1).

the European Parliament and of

by Regulation

amended

1997,

as

2.3
Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of indivi-
duals with regard to the processing of personal data and on the
free movement of such data (2) and Regulation (EC) No 45/2001
of the European Parliament and of the Council of 18 December
2000 (3) making it applicable to the Community institutions
and bodies allow the processing of personal data on health for
reasons of substantial public interest subject to provision of
appropriate safeguards.

2.4
The Community and national political actions and strate-
gies in the areas of public health and health and safety at work
constitute a substantial public interest and the provisions of the
Council Regulations
(EC) No 322/97 and (Euratom, EEC)
No 1588/90 of 11 June 1990 on the transmission of data
subject to statistical confidentiality (4) to the Statistical Office of
the European Communities (Eurostat) provide the appropriate
safeguards for the protection of individuals in the case of the
production of Community statistics on public health and health
and safety at work.

(1) OJ L 52, 22.2.1997, p. 61. http://eur-lex.europa.eu/LexUriServ/LexUri-
Serv.do?uri=CELEX:31997R0322:EN:HTML Regulation amended by
Regulation (EC) No 1882/2003 of the European Parliament and the
Council (OJ L 284, 31.10.2003, p. 1, http://eur-lex.europa.eu/LexUri-
Serv/LexUriServ.do?uri=OJ:L:2003:284:0001:0053:EN:PDF).

(2) OJ L 281, 23.11.1995, p. 31. http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=CELEX:31995L0046:EN:HTML. Directive amended
by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(3) OJ L 8, 12.1.2001, p. 1.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:
L:2001:008:0001:0022:EN:PDF.

(4) OJ L 151, 15.6.1990, p. 1. Regulation most recently amended by

Regulation (EC) 322/97:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CE-
LEX:31990R1588:EN:HTML.

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2.5
Actually, Decision No 1786/2002/EC of the European
Parliament and of the Council of 23 September 2002 adopting
a programme of Community action in the field of public health
2003-2008 (5), the Council Resolution of 3 June 2002 on a
new Community strategy on health and safety at work
2002-2006 (6) and the Commission Communication of 20
April 2004 on ‘modernising social protection for the develop-
ment of high-quality, accessible and sustainable health care and
long-term care: support for the national strategies using the
“open method of coordination”’ (7), require a high standard
statistical information system for assessing achievements of poli-
cies and developing and monitoring further actions in both
areas. This will be continued and developed under successor
programmes and strategies.

2.6
In its non-legislative communication SEC(2007) 214,
215, 216 (8) Improving quality and productivity at work: Community
strategy 2007-2012 on health and safety at work, the Commission
stresses that health and safety at work deserve to be a top
priority on the Community political agenda; the health and
safety of workers is key to increasing productivity and competi-
tiveness of businesses, and helps make social security systems
viable by reducing the costs arising out of accidents and
illnesses. The idea is to make well-being at work a tangible
reality for citizens,
the citizens'
agenda adopted on 10 May 2006.

thus helping to implement

framework of

2.7
Until now, statistical data collections were carried out on
the basis of ‘gentlemen agreements’ with the Member States in
the
five years Community Statistical
Programmes (currently Decision 2367/2002/EC of the European
Parliament and Council of 16 December 2002 on the Com-
munity statistical programme 2003 to 2007 (9)) and its annual
components.

the

2.8
In particular in the area of public health statistics, the
developments and implementations in the three strands (causes
of deaths, health care and health interview surveys, disability
and morbidity) are steered and organised according to a partner-
ship structure between Eurostat, together with leading countries
(currently United Kingdom as general coordinator and respective
domain leaders from Estonia, Luxembourg and Denmark), and
Member States.
In this framework, a lot of methodological
work,
including preparation of guidelines, has been already
achieved and the implementation of data collections has started.

(5) OJ L 271, 9.10.2002, p. 1.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:
L:2002:271:0001:0011:EN:PDF

(6) OJ L 161, 5.7.2002, p. 1.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:
L:2002:161:0001:0004:EN:PDF
(7) COM(2004) 304 final, 20.4.2004.
(8) SEC(2007) 214, 21.2.2007.
(9) OJ L 358, 31.12.2002, p. 1. http://eur-lex.europa.eu/LexUriServ/LexUr-
iServ.do?uri=OJ:L:2002:358:0001:0027:EN:PDF Decision amended by
decision No 787/2004/EC of the European Parliament and the Council
(OJ L 138, 30.4.2004, p. 12, http://eur-lex.europa.eu/LexUriServ/site/
en/oj/2004/l_138/l_13820040430en00120016.pdf).

2.9
However, the current situation is characterised by the
following limitations. First, for data collection already imple-
mented, though a certain increase in data quality and compar-
ability has been achieved, Member States should be given a firm
basis for implementation.

2.10
A legal framework would allow a consolidation of the
progress towards better quality and comparability standards for
all related routine data collections. It will ensure a better sustain-
ability and stability of
the
medium term and would give clear targets in terms of standards
to be achieved for comparability at EU level.

the European requirements for

2.11 Moreover, a high majority of the new Member States
stated that they would not be able to comply with the EU
requirements in the areas of public health and health and safety
at work without a European legal framework.

tools, currently being developed, and of

2.12
Finally, all Member States need a clearer view on the
time schedule and milestones for the implementation of the
new statistical
the
actions being prepared for quality improvement. The proposed
regulation will be an appropriate framework for drawing up
detailed roadmaps in the various areas and strands of health and
safety statistics.

This is why the Commission (Eurostat) considers it is
2.13
necessary now to give a firm basis through providing a basic
legal act in the areas of public health and health and safety at
work statistics. The domains covered by the proposal for a Euro-
pean Parliament and Council Regulation relate to ongoing activ-
ities and developments carried out together with the Member
States in the relevant groups of Eurostat or, in the area of public
health, of the Partnership on public health statistics. The main
goal
is to give a consolidated and firm basis for collections
already implemented or which methodology is currently being
developed or implementation prepared.

The Programme of Community action in the field of
2.14
public health (2003-2008) (10), stated that the statistical element
of the information system on public health will be developed, in
collaboration with Member States, using as necessary the Com-
munity statistical programme to promote synergy and avoid
duplication.

The amended proposal for a Decision of the European
2.15
Parliament and of the Council establishing a second programme
of Community action in the field of health 2007-2013 (11)
stated that the existing work to develop an EU health moni-
toring system shall be expanded, using the Community Statis-
the Community
tical Programme as necessary. For its part,

(10) See note 5.
(11) COM(2006) 234 final, 24.5.2006.

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vibrations, noise hazards, muscular, skeletal and periarticular
complaints caused by heavy loads or repetitive strain, etc.);

— partial or permanent incapacity and invalidity caused by
work-related accidents and illnesses, and the working days
lost.

3.3 When collating statistics as to the number of people
involved in each type of incident, the Committee believes that it
would be helpful to take account of the gender and age of the
victims, the sector of the economy involved, and, as far as
possible, the nature of their contractual relationship with their
workplace
job,
employment
temporary agency work, self-employed). Particular attention
should be paid to the confidentiality of personal data collected,
in accordance with the relevant legislation.

(permanent

contract,

atypical

3.4
The Committee believes that cooperation with the ILO
and the WHO should be developed, as they can lead to worth-
while exchanges, both at a theoretical level (research into the
causes of illnesses and accidents, ergonomics, and rehabilitation)
and at methodological level concerning statistical methods and
the collation of statistics.

In the Committee's view, the proposed regulation consti-
3.5
tutes one of the most useful means of progressively bringing
about convergence of the nature and the definitions of data to
be recorded, and the methods of collecting and analysing these
data so as to constantly improve their quality, their compat-
ibility, and their comparability.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

strategy on health and safety at work 2002-2006 (12) called on
the Commission and the Member States to step up work in
hand on harmonisation of statistics on accidents at work and
occupational illnesses, so as to have available comparable data
from which to make an objective assessment of the impact and
effectiveness of
the Community
the measures taken under
strategy.

3. The Committee's comments

3.1
The Committee supports the proposed Regulation and its
legal basis; the proposal complies with the principles of subsi-
diarity and proportionality, whilst allowing for the collection of
statistics that are useful to the implementation of the Com-
munity strategy on health and safety at work, for which a clear
legal framework has become necessary.

It stresses the importance of common definitions and
3.2
systems for recognition, not least because of the mobility of
workers, as regards:

(that

— occupational accidents

take place at work) and
commuting accidents (that take place on the way between
the place of residence and the place of work, and during
long breaks away from the place of work, such as lunch
breaks), and where work involves travel (services);

— occupational illnesses caused by working conditions and/or
substances encountered in the workplace (dust, chemicals,

Brussels, 25 October 2007.

(12) See note 6.