CELEX: 51996PC0652
Language: en
Date: 1997-01-09
Title: Amended proposal for a COUNCIL DECISION adopting a Community programme (SAFE - Safety Actions for Europe) to improve safety, hygiene and health at work

21 . 3 . 97       | EN 1                Official Journal of the European Communities                            No C 92 / 3
                                                                   II
                                                          (Preparatory Acts)
                                                    COMMISSION
             Amended proposal for a Council Decision adopting a Community programme (SAFE — Safety
                          actions for Europe) to improve safety, hygiene and health at work ( ! )
                                                            (97 / C 92 / 03 )
                                                      (Text with EEA relevance)
                                              COM(96) 652 final — 95/0155{CNS)
             (Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 9 January 1997)
             (') OJ No C 262, 7 . 10 . 1995 , p. 18 .
                   ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
adopting actions on non-legislative measures to improve                adopting a Community programme (SAFE — Safety
safety and health at work                                              actions for Europe) to improve safety, hygiene and
                                                                       health at work
THE COUNCIL OF THE EUROPEAN UNION,                                     THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European
Parliament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas prevention of accidents at work, occupational
diseases and occupational hygiene fall within the fields
and objectives referred to in Articles 118 and 118a of the
Treaty ; whereas in this context collaboration should be
strengthened between the Member States and the
Commission and between the Member States themselves ;
Whereas the incidence in the Community of accidents
and death at work as well as occupational disease is still
unacceptably high ;
 ---pagebreak--- No C 92/4         | EN |              Official Journal of the European Communities                                 21 . 3. 97
                    ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
Whereas this represents an enormous and unnecessary
human cost as well as being an economic burden to
society; whereas improving safety and health at the
workplace can enhance competitiveness since there is a
clear correlation between successful companies and good
safety and health practices ;
                                                                Whereas it is important to create a stimulating and
                                                                psychologically sound working environment in which
                                                                human resources are used to best advantage, thus giving
                                                                the undertaking increased flexibility and greater job
                                                                satisfaction ;
Whereas, despite considerable efforts, a large number of
companies and especially small and medium-sized enter­
prises have difficulties in incorporating new production
methods or adapting existing ones while safeguarding
the health and safety of workers and ensuring good
working environment standards in conformity with new
legislation ;
Whereas legislation on safety and health at work must be
supplemented by non-legislative measures including
raising awareness aimed at improving safety, hygiene and
health at work, in particular in small and medium-sized
enterprises ;
                                                                Whereas the countries of the European Economic Area,
                                                                the associated countries of central and eastern Europe,
                                                                Cyprus and Malta and the European Community partner
                                                                countries in the Mediterranean area may participate in
                                                                the programme, in accordance with the provisions set
                                                                out in the relevant agreements,
                                                                Whereas in order to help raise that awareness, the
                                                                European Parliament, in its resolution of 6 May 1994 on
                                                                the general framework for action by the Commission in
                                                                the field of safety, hygiene and health protection at work
                                                                ( 1994 to 2000 ) ('), proposed the creation of a
                                                                programme to be called Safety action for Europe
                                                                (SAFE);
                                                                f ) OJ No C 205 , 25 . 7 . 1994, p . 478 .
 ---pagebreak--- 21 . 3 . 97         fENl               Official Journal of the European Communities                              No C 92 / 5
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
Whereas the Community needs to make further strides
to improve health and safety in individual sectors, in
respect of the materials used or for particularly sensitive
risk groups as yet inadequately protected ; whereas it also
needs to raise awareness, training levels and information
exchange and to develop cooperation with third
countries and international organizations.
Whereas the programme has to contribute to the
enhancement of awareness of safety and health deter­
minants and risk factors, early detection of adverse
effects, counselling and advice, and social support;
Whereas, in accordance with the principle of subsi­
diarity, action on safety and health at work, by reason of
their scale of effects can be undertaken with more effi­
ciency by the Community ;
Whereas a multiannual programme has to be launched
with clear objectives for Community action, and priority
action selected to promote the health and safety at work
of all the workers of the Community as well as appro­
priate mechanisms for the evaluation of such action ;
whereas this programme has to have a five-year duration
in order to allow sufficient time for actions to be im­
plemented to achieve the objectives set ;
Whereas there exist other Community programmes and               Whereas there exist other Community programmes and
initiatives fully or partly relevant as regards health and       initiatives fully or partly relevant as regards health and
safety at work and therefore there is a need to ensure           safety at work and therefore there is a need to ensure
consistency between various Community actions ;                  consistency and budgetary complementarity between
                                                                 various Community actions ;
Whereas, pursuant to Council Decision 74/ 325 /EEC (*),
the Advisory Committee on Safety, Hygiene and Health
Protection at Work can be consulted by the Commission
on the drawing up of proposals in this field ;
Whereas the Treaty provides no powers for the adoption
of this Decision, other than those in Article 235 .
(') OJ No L 185, 9 . 7 . 1974, p. 15 .
 ---pagebreak--- No C 92 / 6         EN               Official Journal of the European Communities                               21 . 3 . 97
                   ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
                                              HAS DECIDED AS FOLLOWS :
                         Article 1                                                       Article 1
A Community programme on non-legislative measures to           A Community programme (SAFE — Safety actions for
improve health and safety at work is adopted for a             Europe ) to improve health and safety and prevent or
five-year period, from 1 January 1996 to 31 December           reduce occupational risks, particularly in small and
2000 .                                                         medium-sized enterprises, is adopted for a five-year
                                                               period, 1 January 1996 to 31 December 2000 .
The programme shall consist of :
— guidance notes and core information material to help
    apply correctly the Community legislation ; improving
    information, education and training ; investigating
    key problem areas as referred to in the Annex I,
— the SAFE (Safety Actions for Europe ) programme
    referred to in the Annex II aimed at improving
    safety, hygiene and health at work, in particular in
    small and medium-sized enterprises .
                                                                                         Article 2
                                                               The programme shall have the general objective of
                                                               supporting at European level actions designed to improve
                                                               the work environment, work organization and working
                                                               practices by :
                                                               — promoting the development of practical solutions to
                                                                   workplace risks,
                                                               — providing support for the identification and dissemi­
                                                                   nation of best practices for combating occupational
                                                                   accidents and disease,
                                                               — suggesting means of effectively applying legislation
                                                                   on health and safety at work in enterprises,
                                                               — promoting innovative approaches to emerging areas
                                                                   of occupational risk,
                                                               — promoting education and training aimed at improving
                                                                   knowledge of Community legislation and awareness
                                                                   as regards the working environment.
 ---pagebreak--- 21 . 3 . 97          EN               Official Journal of the European Communities                            No C 92 / 7
                     ORIGINAL PROPOSAL                                            AMENDED PROPOSAL
                           Article 2                                                    Article 3
The Commission shall ensure implementation of the               The Commission shall ensure implementation of the
action set out in Annexes I and II in accordance with           action set out in Annex I in accordance with Articles 6
Articles 5 and 6 in close cooperation with the Member           and 7 in close cooperation with the Member States and
States and the institutions and organizations active in         the institutions and organizations active in safety,
safety, hygiene and health at work.                             hygiene and health at work.
                           Article 3                                                    Article 4
The Commission shall ensure that there is consistency           The Commission shall ensure that there is consistency
and complementarity between the Community action to             and complementarity between the Community action to
be implemented under this programme and the other               be implemented under this programme, other relevant
relevant Community programmes and initiatives .                 Community programmes and initiatives as well as the
                                                                work carried out by the European Foundation for the
                                                                Improvement of Living and Working Conditions and the
                                                                European Agency for Health and Safety at Work.
                           Article 4                                                    Article 5
1.      The action referred to in Annex I shall be carried      1.   The actions referred to in Annex I shall be carried
out by the Community, the Member States, management             out by the Community, the Member States, management
and labour and public or private organizations .                and labour and public or private organizations .
Applications for the financing of the action shall be
submitted to the Commission .
2.      The action referred to in Annex II shall be carried     2 . Applications for the financing of the action shall be
out by the Member States , management and labour and            submitted either to the Commission by the competent
public or private organizations. Applications for the           bodies designated by the Member States or directly to
financing of the action shall be submitted to the               the Commission . Copies of all applications shall be sent
Commission .                                                    to the Commission and to the competent body of the
                                                                Member State concerned .
                                                                2a. In the case of multilateral projects the participants
                                                                mentioned in paragraph 1 shall decide which competent
                                                                body shall submit the application to the Commission .
                                                                However, where the application is submitted directly to
                                                                the Commission , copies shall be forwarded to each
                                                                competent body of the member States concerned .
                           Article 5                                                    Article 6
The selection of the projects to be financed and the            The selection of the projects to be financed and the
determination of the amount of financial assistance to be       determination of the amount of financial assistance to be
granted in conformity with the objectives and criteria set      granted in conformity with the objectives and the criteria
out in Annexes I, II and III shall follow the procedure         set out in Annexes I and II shall follow the procedure
provided for in Article 6 (2 ).                                 provided for in Article 7 .
                                                                The Community financial contribution shall be :
                                                                — in general a maximum rate of up to 60 %,
                                                                — up to 90 % for SMEs of less than 50 employees .
 ---pagebreak--- No C 92/ 8         ran               Official Journal of the European Communities                               21 . 3 . 97
                    ORIGINAL PROPOSAL                                             AMENDED PROPOSAL
                          Article 6                                                      Article 7
The Commission shall be assisted by a committee of an          The Commission shall be assisted by a committee of an
advisory nature composed of the representatives of the         advisory nature composed of the representatives of the
Member States and chaired by the representative of the         Member States and chaired by a representative of the
Commission .                                                   Commission .
The representative of the Commission shall submit to the
committee a draft of the measures to be taken . The
committee shall deliver its opinion on the draft, within a
time limit which the chairman may lay down according
to the urgency of the matter, if necessary by taking a
vote .
The opinion shall be recorded in the minutes ; in addition
each Member State shall have the right to ask to have its
position recorded in the minutes .
The Commission shall take the utmost account of the
opinion delivered by the Committee. It shall inform the
committee of the manner in which its opinion has been
taken into account.
                                                                                        Article 8
                                                               The Commission may consult the committee referred to
                                                               in Article 7 on any question concerning the application
                                                               of this Decision .
                          Article 7                                                     Article 9
1.     The Commission will encourage cooperation with          1 . The programme activities which may be opened up
third countries and with United Nations bodies and             to the participation of the countries of the European
other organizations or agencies involved in the field.         Economic Area, the associated countries of central and
                                                               eastern Europe (Accee), Cyprus and Malta and the
                                                               European Community's partner countries in the Mediter­
                                                               ranean area shall be defined in the context of the
                                                               European Community's relations with those countries .
2.     EFTA countries in the framework of the EEA              2. The cost of the participation referred to in
Agreement and countries with whom the Community has            paragraph 1 shall be covered either by the countries
concluded association agreements may be associated with        concerned out of their own budgets or by Community
the activities described in Annexes I and II .                 budget headings relating to the implementation of the
                                                               cooperation, association or partnership agreements with
                                                               these countries in the area concerned, in accordance with
                                                               the provisions set out in these agreements.
                          Article 8                                                     Article 10
1 . The Commission will regularly publish information
on the action undertaken and possibilities of Community
support in the various fields of action.
 ---pagebreak--- 21 . 3 . 97     | EN 1              Official Journal of the European Communities                               No C 92/9
                  ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                                              2 . The Commission shall develop standard criteria
                                                              concerning the dissemination of the results of the actions
                                                              undertaken by this programme . These criteria shall
                                                              include guidelines for :
                                                              — promoting the results of the projects to the press,
                                                                   employers, employees and interested parties,
                                                              — involving elected representatives in the promotion of
                                                                   the results .
                                                              The European Agency for Health and Safety at Work
                                                              may be consulted in the development of these criteria.
                                                              3 . The Commission shall set up, where appropriate
                                                              with the assistance of the European Agency for Health
                                                              and Safety at Work, an information point for small and
                                                              medium-sized enterprises and other applicant organ­
                                                              izations to offer practical advice in formulating and
                                                              developing project proposals. The information point shall
                                                              provide details of local and national contacts involved in
                                                              the health and safety area. It shall also offer a helpline
                                                              and full on-line service .
2.      The Commission will submit to the European            4. The results of the programme shall       be evaluated by
Parliament, the Council, the Economic and Social              the Commission with the assistance of       external organ­
Committee a mid-term report on the actions undertaken,        izations including, where appropriate,        the European
as well as an overall report by 31 of December 2001 .         Agency for Health and Safety at Work.       On the basis of
                                                              these findings the Commission shall          submit to the
                                                              European Parliament, the Council, the Economic and
                                                              Social Committee and the Advisory Committee on
                                                              Safety, Hygiene and Health Protection at work, not
                                                              later than 30 June 1998 , a mid-term report on the action
                                                              undertaken, including a detailed study on the responsi­
                                                              bilities and the activities undertaken on this matter by the
                                                              specialized agencies concerned, as well as, not later than
                                                              30 June 2001 , an overall assessment report demon­
                                                              strating the impact of the programme on the structures
                                                              and population groups targeted by the action.
                        Article 9                                                        Article 11
This Decision shall enter into force on
 ---pagebreak--- No C 92 / 10             EN                 Official Journal of the European Communities              21 . 3 . 97
                        ORIGINAL PROPOSAL                                            AMENDED PROPOSAL
                               ANNEX I                                Deleted
Guidance notes and core information material to help apply
correctly the Community legislation ; information, education and
                training ; important or new problems
                              ( 1996-2000)
1.     Guidance notes and core information material to help apply
      correctly the Community legislation, taking into account
      where necessary the reports required by the various Directives
1.1 . Prepare non-binding guides to legislation, which, while not
      pretending to guarantee and provide the detail necessary to
      cover every legal aspect, provide to employers, enterprises,
      workers and Member States useful assistance, technical
      support and background .
1.2. For effective targeting of such information it is essential to
      know what employers, in particular in small and
      medium-sized enterprises, want and need in relation to
      health and safety at work.
2.    Information, education and training
2.1 . Development of health and safety awareness
2.2 . Information on Commission policies : in order to ensure
      transparency of its measures, the Commission will draft
      and disseminate information on Communities activities .
2.3 . In keeping with the Commission's information policy
      relating to Community activity and the raising of
      awareness, particularly amongst the general public, the
      Commission will, in consultation with the Member States,
      arrange regularly a European week of health and safety at
      work, colloquia on health and safety education and
      training, competitions on training materials, festivals of
      audio-visual products on safety, hygiene and health at
      work .
3.    Investigation of certain key problem areas, taking into
      account existing information and research results and/or
      promote, where appropriate, new investigations
 ---pagebreak--- 2i . 3 . 97            HEN                    Official Journal of the European Communities                                     No C 92 / 11
                        ORIGINAL PROPOSAL                                                       AMENDED PROPOSAL
                               ANNEX II                                                                ANNEX I
SAFE (Safety Actions for Europe) aimed at improving safety,             Actions to improve standards of safety and health at work, in
hygiene and health at work, in particular in small and medium                     particular in small and medium-sized enterprises
                            sized enterprises
                                                                                                    ( 1996 to 2000)
                               ( 1996-2000)
1.1 . SAFE (Safety Actions for Europe) will support projects of a       The programme is to support practical projects designed to
      practical nature intended to demonstrate :                        improve the working environment as regards the safety and
                                                                        health of workers, in line with the general objectives set out in
      — the promotion of improvements in the work situation             Article 2. In particular, it will support projects relating to one or
          specifically directed at safety, hygiene and health at        more of the following points :
          work, especially in small and medium-sized enterprises,
                                                                        1 . development of reference workplaces which have developed
      — the improvements in the organization of work practice               practical solutions to workplace risks and which can serve as
          which influence attitudes towards health and safety at            models ;
          work, in order to reduce work accidents and occupa­
          tional diseases .                                             2 . initiatives in the field of information, training and education
                                                                            designed to improve knowledge of health and safety legis­
                                                                            lation and improve awareness of safety and health at work ;
1.2 . One of the objectives of the SAFE programme is therefore
      to support practices designed to improve the work                 3 . projects which provide guidance on safety and health
      situation, work organization and working practices which              measures relevant to one or more sectors of activity,
      may be directed towards a specific problem impacting on               especially in more than one Member State ;
      health and safety at the workplace or by demonstrating
      best practices to combat work accidents and/or occupa­            4 . innovative approaches to emerging areas of risk or to
      tional diseases or at the ways and means of effectively               high-risk activities including the use of safe and/or clean
      complying with Community legislation in individual enter­             technologies .
      prises or undertakings.
1.3 . This is why the SAFE programme will also* support the
      development of reference workplaces, which have
      developed practical solutions to workplace risks and which
      will serve as models for others who would like to change
      existing workplaces or design new ones. It will also
      promote innovative approaches to emerging areas of risk or
      to high risk activities, whether this is by promoting the use
      of safe and/or clean technologies, or by other innovative
      measures .
1.4 . Support will also be provided for specific education and
      training initiatives designed to improve knowledge of
      Community legislation and improve awareness of the
      working environment.
1.5 . The SAFE programme will also consider projects prepared
      by European organizations, individual enterprises,
      employers or workers. Such projects should provide
      guidance for decisions concerning measures to be put into
      practice throughout entire sectors of activity especially in
      more than one Member State .
 ---pagebreak---  No C 92/ 12           [ ENl                Official Journal of the European Communities                                        21 . 3 . 97
                        ORIGINAL PROPOSAL                                                      AMENDED PROPOSAL
                             ANNEX III                                                               ANNEX II
                      SELECTION CRITERIA
 I. General criteria                                                   I. General criteria
 In order to be eligible for selection the projects submitted must    In order to be eligible for Community assistance, the projects
meet all the following criteria :                                     submitted must meet all the following criteria :
— have a good cost-effectiveness ratio,                                1 . generate a Community added value,
— generate a European plus value e.g. through a lasting               2 . be relevant to the needs of SMEs,
     multiplier effect on the European scale,
                                                                      3 . have a good cost-effectiveness ratio,
— demonstrate an effective and balanced degree of cooperation
     between the various partners at the levels of:                   4. specify expected outcomes and how they will be measured,
     — project design,                                                5 . aim at outcomes that can be transferred,
     — project implementation,                                        6. specify a means of disseminating those outcomes,
     — financial participation.                                       7. avoid duplicating projects carried out at national level,
                                                                      8 . demonstrate resources commitment from partners involved in
                                                                           the project,
                                                                      9. demonstrate the necessity of Community funding.
II . Evaluation criteria                                              II. Other criteria
Priority will be given to projects satisfying, as far as possible,    Priority will be given to actions which meet one or more of the
the following criteria. Projects should :                             following criteria. They must :
— contribute to the prevention of causes of accidents and occu­       1 . contribute to the prevention of accidents and health risks
     pational diseases rather than remedying their effects,                (rather than remedying their effects) and promote mental­
                                                                           health protection ;
— facilitate the lasting integration of safety and health at work
     in enterprise management or in the quality management of         2. encourage innovation in particular in tackling high risk
     products,                                                             activities ;
— promote the transfer and exploitation of innovative                 3 . have an innovative character :
     experiments on a European scale,
— promote social dialogue,                                            4. support the development of practical solutions to workplace
                                                                           risks ;
— promote permanent efforts rather than quantified results,
                                                                      5 . aim to address proven risks which either already affect or
— encourage innovation and enterpreneurial             activity, in        have the potential to affect workers and offer substantial
     particular in high risk activities,                                   reductions in those risks ;
— support the development of practical solutions to workplace
     risks ,                                                          6. demonstrate likely effectiveness beyond the life of the
                                                                           project, e.g. by integrating health and safety into managment
                                                                           practices ;
— support cooperation between firms,
 ---pagebreak--- 21 . 3 . 97           fENl                  Official Journal of the European Communities                                 No C 92 / 13
                       ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
— support improved information exchange, education and                7. promote social dialogue and cooperation between firms ;
     training ;
— contribute also to the implementation of action programmes          8 . contribute also to the implementation of action programmes
     or Community policies concerning :                                   or Community policies concerning :
     — lifelong learning,                                                 — lifelong learning,
     — equal opportunities,                                               — equal opportunities,
     — integration of the disabled,                                       — integration of the disabled,
     — bringing back to employment the long-term unemployed,              — bringing back to employment the long-term unemployed ,
     — prevention of accidents to the public (domestic, sport,            — prevention of accidents to the public (domestic, sport,
         road, etc.),                                                        road, etc.),
     — sectoral policies (to be specified),                               — sectoral policies (to be specified),
     — other programmes or policies (to be specified).                    — other programmes or policies (to be specified).
III . Exclusion criteria
The following are not eligible :
— Actions limited to a single Member State and not trans­
     ferable to others
— Actions limited to achieving compliance with national
     requirements even if these result from Community law.