CELEX: 51993PC0086
Language: en
Date: 1993-03-04
Title: Amended proposal for a COUNCIL DIRECTIVE amending Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                    C0M(93)86     final - SYN 421
                                                                    Brussels,     4 March 1993
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                                                Amended proposal for a
                                                COUNCIL DIRECTIVE
                                            amending Directive 90/679/EEC
                                    on the protection of workers from risks related
                                        to exposure to biological agents at work
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                            (presented by the Commission pursuant to Article 149(3)
                                                  of the EEC-Treaty)
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 ---pagebreak---                                  Amended proposal for a
                                     Council Directive
                             amending Directive 90/679/EEC
                        on the protection of workers from risks
                         related to exposure to biological agents
                                         at work
                          EXPLANATORY MEMORANDUM
At its plenary sitting on 10 February 1993, the European Parliament adopted a series of
amendments introducing a Recommended Code of Practice on Vaccination oi workers,
clarifying future methods for classifying genetically modified biological agents, and
modifying the application ol the containment levels required under Directive
90/679/EEC' for certain non-airborne biological agents.
 The Commission has accepted all the amendments proposed by the Parliament with the
exception of those whose purpose is to upgrade the classifications of the three
biological agents, as the proposed Directive lays down only minimum requirements,
leaving Member States free to apply stricter national requirements if they wish.
 ---pagebreak---                                    Amended proposal for a
                                   COUNCIL DIRECTIVE
                              amending Directive 90/679/EEC
                     on the protection of workers from risks related to
                           exposure to biological agents at work
                                     CQM(93)          .final
                 (forwarded by the Commission pursuant to Article 149(3)
                              of the EEC Treaty on           1993)
(l)OJ C 217 of 24.8.1992, p. 32
PREVIOUS TEXT                                       AMENDED TEXT
                               Citations and recitals unchanged
                                       Recital 5 a (new)
                                                    Whereas the first list does not contain
                                                    genetically modified biological agents;
                                                    whereas the inclusion of such agents in a
                                                    future list will be achieved by a new
                                                    amendment to this Directive;
                                       Recital 5 b (new)
                                                    Whereas it is appropriate to include in this
                                                    Directive a Recommended Code of Practice
                                                    on Vaccination of workers exposed to
                                                    biological agents for which effective
                                                    vaccines exist;
                                           Article 1
Directive 90/679/EEC shall be amended as            Directive 90/679/EEC shall be amended as
follows:                                             follows:
                                                     1.    The following point is added at the
                                                            end of the second paragraph of
                                                            Article 14(3):
                                                            "In making vaccines available
                                                            employers shall take account of the
                                                            Recommended Code of Practice on
                                                            Vaccination set out in Annex VII."
 ---pagebreak--- Annex III shall be supplemented by a first                      Annex III shall be supplemented by a
list of Groups 2, 3 and 4 biological agents                     first list of Groups 2, 3 and 4
as given in the Annex to this Directive.                        biological agents as given in the
                                                                Annex to this Directive.
                                                                An Annex VII shall be attached to
                                                                this Directive after Annex VI.
                                       Articles 2 and 3 unchanged
                                                 ANNEX
                                                Annex III
                                      INTRODUCTORY NOTES
                                          Points 1-8 unchanged
                                                  Point 9
        This list also gives a special indication         9.    This list also gives a special indication
        in cases where the biological                            in cases where the biological agents
        agents are likely to cause toxic or                      are likely to cause toxic or allergic
        allergic reactions, where preventive                     reactions,      where      preventive
        vaccination is available, or where it is                vaccination is available, or where it is
        advisable to keep a list of exposed                      advisable to keep a list of exposed
        workers for more than ten years.                         workers for more than ten years. The
                                                                 application of preventive vaccination
                                                                 shall take account of the
                                                                 Recommended Code of Practice in
                                                                 Annex VII.
                                  Annex III (list of biological agents)
              The provisions of Annex III other than those listed below are unchanged
 BACTERIA and similar                                     BACTERIA and similar
 Mycobacterium africanum                                  Mycobacterium africanum           3(1)
 Mycobacterium bovis                                      Mycobacterium bovis
 (excluding BCG strain)
                                                          (excluding BCG strain)            3(1)
 Mycobacterium microti
                                                          Mycobacterium microti             3(1)
 Mycobacterium ulcerans
                                                          Mycobacterium ulcerans            3(1)
 Rickettsia akari
                                                          Rickettsia akari                  3(1)
 ---pagebreak---                                                                                         Lj.
Rickettsia canada                    3           Rickettsia canada            3(1)
Rickettsia montana                   3           Rickettsia montana           3(1)
Salmonella Typhi                     3           Salmonella Typhi             3(1)
Shigella dysenteriae (Type 1)        3           Sigella dysenteriae (Type 1) 3(1)
VIRUSES                                          VIRUSES
Central European tick-borne                      Central European tick-borne
 encephalitis virus                  3           ecephalitis virus            3(1)
Louping ill                          3           Louping ill                  3(1)
Wesselsbron virus                    3           Wesselsbron virus            3(1)
Hepatitis B virus                    3           Hepatitis B virus            3(1)
Rabies virus                         3           Rabies virus                 3(1)
Hepatitis A virus                                Hepatitis A virus            2 V
 (human enterovirus type 72)                     (human enterovirus type 72)
White pox virus                                  White pox virus              4 V
(Variola virus)                                  (Variola virus)
(1)    Application of measures laid down as part of the containment levels for airborne
      transmission, to be evaluated by the Member States.
 ---pagebreak---                                            s.
           ANNEX VII
RECOMMENDED CODE OF PRACTICE
       ON VACCINATION
          (Article 14 (3))
1.  Vaccination of workers shall be
    considered following the assessment
    of the risk of exposure of workers to
    biological agents.
2.  Where a risk assessment demonstrates
    exposure to biological agents for
    which effective        vaccines exist
    employers shall offer vaccination to
    those workers. Vaccination shall also
    be offered before workers begin work
    which exposes them to a risk of
    contamination. Vaccination shall be
    offered at appropriate intervals after
    that.
3.  Vaccination shall not be obligatory
    but employers shall inform workers of
    the benefits and drawbacks of
    vaccination and non-vaccination.
4.  Workers who refuse vaccination shall
    be warned that this could jeopardise
    their work or career prospects.
    However, where risk assessments
    show that other preventive measures
    give adequate protection against
    contamination, such workers shall be
    allowed to continue work with the
    biological agents in question.
5.  Employers shall not require prior
    vaccination as a condition for
    employment.
6.  Vaccinated workers shall be
    monitored at regular intervals to
    ensure that vaccination remains
    effective. Workers shall also be
    monitored for any side effects of
    vaccination. Workers who do not
    respond to the vaccine shall be
    informed accordingly. They shall be
    allowed to continue work with the
    relevant biological agents if risk
    assessments show that other
 ---pagebreak---                                            L
   preventive measures give adequate
   protection against contamination. If
   adequate protection cannot be given,
   workers who do not respond to the
   vaccine should be offered alternative
   work which does not expose them to
   the relevant biological agents.
7. Employers shall offer vaccination at
   no cost to workers. This shall include
   paid leave, travel expenses and
   doctors' fees where relevant.
8. A record of vaccination shall be kept
   for each worker. This record shall be
   made available to the individual
   concerned and to competent
   authorities. Collected results shall be
   made available to workers'
   representatives.
 ---pagebreak---  ---pagebreak---                                                                                     f.
                                                                     ISSN 0254-1475
                                                               COM(93) 86 final
                                                      DOCUMENTS
EN                                                                              04
                                 Catalogue number : CB-CO-93-107-EN-C
                                                             ISBN 92-77-53512-1
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