CELEX: 51973PC2029
Language: en
Date: 1973-11-30
Title: DRAFT DECISION OF THE COUNCIL ON THE SETTING UP OF A GENERAL COMMITTEE ON SAFETY AT WORK#DRAFT DECISION OF THE COUNCIL to confer on the Mines Safety and Health Commission the task of continuing its preventative action in the field of safety at work in the whole range of extractive industries. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2029
Vol. 1973/0360
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---                                                                          COM(73)2029 final
                                                                        Brussels . 30 November 1973
                                        DRAFT                                        .
           DECISION OP THE COUNCIL ON THE SETTING UP OP, A
                • GENERAL COMMITTEE ON SAFETY AT WORK /•.                       .
             _ :            /           DRAFT ,•           ...» V' ,-.                 •
     :             ... . J / DECISION OP THE COUNCIL                              •           . • V,
   ■          .   •   r ■ "           .                                                              »
     to confer on the Mines Safety and Health Commission the i                                     :
  task of continuing its preventative action in the field cf
 safety at work in the whole range of extractive industries .
           ( submitted to the Council "by the Commission)
                                    .      .     .       ,  . .   ,                      ■>
                                                     M ; •            - *: v" :
                                                   ■          >     .  r.     .     -V
                                                      ■-3     / ,           ^
                                                                                            ; J/
COM(73 ) 2029 final
 ---pagebreak---                    CRSATIOIT OP A GENERAL SAFETY COMMITTEE
                             EXPLANATORY MEMORANDUM
Every worker wants to be certain that his job will not lead to a shortening
of his life and damage to his health .
All enterprises need to maintain production capacity and consequently
human and technical resources as this is a necessary condition for continuity
and growth .
The working population is the mainspring of development everywhere in the
Community .  Therefore , it should be safeguarded for humanitarian and
economic reasons .
Nonetheless , since the Treaty of Rome was signed:
–  the overall frequency of industrial accidents has not diminished
   decisively or for any length of time ;
–  the most laborious and unhealthy work is shunned by Community workers
   and done by an increasing number of foreign workers ?
–  technical progress continually creates production methods which
   involve dangers and difficulties .   These should be eliminated as quickly
   as possible and this can only be achieved by considerable effort .
The free movement of goods , workers and capital and the need to ensure that
all Community enterprises have the same obligations means that a greater
part of preventative measures have to be undertaken at Community level .
This preventative action must be based on co-operation between
administrations , technical services and specialised bodies in the Member
States .
Close co-operation is necessary because a common standard is only possible -
if technical studies to determine efficient supervisory methods for materials
and machines are shared . Therefore , it is not sufficient to provide for
periodic contacts based on exchanges of information . There must be a body with
the power of initiative and sufficiently wide and continuous responsibilities .
 ---pagebreak--- If, however , the legislation of Member States must "be- "based, on common
technical procedures , it must take into account the practical conditions
of industrial work and social' reality . It must , therefore , be based on
exchanges of experience leading to the choice of the best professional
practices .    The implementation of this choice will then be the result of
discipline which has been readily accepted by the interested parties .
Support from enterprises and professional organisations is consequently
irreplaceable .
The Social Partners have taken initiatives in several sectors at Community
level including iron and steel , deep sea fishing and agriculture .     Work in
these sectors has been designed to s
–   assess the safety situation in the branch ;
–   develop co-operation between bodies in the various sectors responsible
    for safety and assistance ;
–   select priorities and on this basis to proceed with exchanges of
    information ;
– initiate the appropriate action, notably inhere the problem involves a
    specific study or general aspects of prevention .
It is therefore difficult to conceive of a co-ordinating body restricted
to national activity and unable to provide for liaison with activity in
the various sectors .
The setting up of a Joint Body presents particular problems .      It should in
fact guarantee :
-   the means of carrying out preparatory technical work in a number of
    specialised fields (role of the technical working parties on the basis
    of a well defined mandate ; the co-ordinating role of the national
    administrations on which these bodies depend );
- the preservation of freedom of action for the Joint Committees , whilst
    at the same time offering them the opportunity to concert their efforts
-   a -joint framework for discussion and decision .  The nature and signific
 ■■ of these decisions will be specified later .
 ---pagebreak---  The experience of the Mines Safety Commission, which satisfied the above
 criteria can provide a model .  It proves that such a Body can produce
 useful work if its mandate allows it to take the initiative , undertake
 preparatory technical work and lead it to a successful conclusion, adopt
 a position on the conclusions of such work and inform the interested
 parties .
The positions to "be adopted by the Committee will have effect :
- in the Member States , to the extent that the national administrations'
   activity is facilitated by achievement at Community level ;
– within Community institutions , to the extent that the Committee can
    contribute to the preparation of decisions because of its technical
    competence and provide informed opinion .
 ---pagebreak---                                      - 5 -
             DRAFT DECISION OF THE COUITCIL CTT THE SETTING UP OF A
                      GENERAL COMMITTEE CM SAFETY AT WORK
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
HAVIITG REGARD to "the Treaty establishing the European Economic Community,
HAVING REGARD to the Draft of the Commission ,
WHEREAS the profound transformation in production methods in all sectors
of the economy and the dissemination of techniques and dangerous materials
have created new problems for the safeguarding of health and safety of the
worker at his place of work ,
WHICREAS hoalth and safety at work are amongst the social objectives of the
Treaty , establishing the European Economic Community,
WH3REAS the Heads of State or of Government invited the Community
institutions to draw up a social action programme providing for concrete
measures and the corresponding resources ,
WHEFJSAS this social action programme emphasises that there is a need to
co-ordinate responsibilities in the field of prevention at Community
level in order to obtain a real improvement in environmental conditions
and a distinct improvement in safety in a larger number of enterprises ,
and that all enterprises in the member states should have the same
obligations and objectives in respect of health and safety at work ,
WHEREAS such co-ordination can only take place within the framework of
a standing body responsible , in particular , for following the development
of conditions of safety and the prevention of risks at work and
activities directly connected with work and for facilitating co-operation
between national administrations , professional organisations and the
enterprises concerned ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                    Article 1
1.   The General Committee on safety at work is hereby established
 (hereinafter called the 'Committee' .)
2.   The Committee is made up of representatives of the Governments of
Member States who have direct responsibility for inspection, and the
representatives of professional organisations who are particularly qualified
in the field of safety at work in the various sectors of economic life .
                                   Article 2
The Committee shall have the task of following the development of
conditions of safety , the prevention of risks at work and activities
directly connected with work in all sectors of the economy except for
extractive industries coming under the responsibility of the Mines Safety
and Health Commission, and sectors in which special regulations are
implement edpttrsuajit to the Treaty establishing the European Atomic Energy
Commission .
                                   Article 3
In order to carry out its task, the Committee should aim in particular at :
a) gathering from the governments , from professional organisations and
     from enterprises , any useful Information on the state . of safety at work,
     on the preventative methods used and on the results they produce ;
b) formulating opinions which will guide the Community institutions in the
     choice of priorities with a view to drawing up a common safety policy ;
                                                                     !
c ) proposing studies on specific problems where the implementation of
    effective preventative measures depends on the acquisition of new
    knowledge and the introduction of appropriate training and development
    actions ;             .
 ---pagebreak---  d) carrying out studies , within the framework of Community Action programmes
     on safety at work in conjunction with the Mines Safety and Health Commission .
     The subject of these studies shall   be problems of common interest especially
     regarding:
     – minimum level of protection against the various risks at work, and the
        acceptable features of jobs and of the working environment ;
 e ) the information of national administrations , professional organisations
      and the appropriate enterprises on actions undertaken at Community level ,
      in order to facilitate their co-operation and to favour initiation aimed at
      exchanges of experiences gained and at the definition of good practices codes .
      The Committee shall send an Annual report to the Community institutions in
      which, it shall give a review of its work and give opinions on the measures
      to be undertaken .
                                   Article 4
The Committee shall have 36 members .    The seats are allotted as follows :
- 18 for government representatives (2 for each Member State )
–    13 for representatives of professional organisations .
                                   Article 5
The government members of the Committee are appointed by the Council on the
governments 1 proposals , and the other members on the proposals of employers *
and workers * organisations set up at Community level .   The latter shall be
selected in such a way as to bring about effective collaboration between exist–
                                                                                   i
ing Joint Committees , their Working Parties responsible for safety at work, and
the Committee . ,
                                   Article 6
The appointment of a deputy for each of the Committee members shall be carried
out under the same conditions as those defined in Article 5 * Without prejudice
to Article 10, the deputy shall only attend Committee meetings and shall only
participate in its work if the member for whom he substitutes cannot attend.
 ---pagebreak---                                          - 8 -
                   i                 ' •
                                    Article 7
A Committee member's term of office shall last for three years . It shall
"be renewable .
At the expiry of the period of three years , the Committee members shall
remain in office until a replacement is provided or their term of office
is renewed .
A member* s term of office shall end before the expiry of three years by
resignation , termination of office in . the Government or in the organization
which he represents or by his death . A member's term of office may also
be terminated if the government or organization who put him forward as a
candidate request his replacement .
He shall be . replaced for the remainder of the term of . office in accordance
with the procedure provided for in Article 5 *
The duties which are carried out shall not be subject to payment .
                                    Article 8
The list of the members and their deputies shall be published as a point
of information by the Council in the Official Journal of the European
Communities .
                                    Article 9
A specially appointed member of the Commission of the European Communities
shall assume the post of Chairman of the Committee .    In case of prevention,
or in exceptional circumstances, he may be represented by a Commission
official , to be appointed by him .
 ---pagebreak---                                   Article 10
The Chairman may, on his own initiative , invite one or two technical
advisers to participate in Committee meetings .
A member of the Committee may be represented by a technical adviser ,
provided that he informs the Chairman of this at least three days before
the Committee meeting.
However , the number of technical advisers assisting the Committee members
or their deputies may not exceed a third of the Members for any given
meeting .
                                  Article 1 1
The Committee can set up working groups presided over by a member of the
Committee .
They will present the results of their work in the form of a report to
a meeting of the Committee .
                                  Article 12
Tho Committee shall meet when convened by the Chairman, either on his
initiative or at the request of at least half of its members .
Representatives from the Commission departments concerned shall
participate in the meetings of the Committee and its working parties .
 ---pagebreak---                                       •• 10 *•
                                     Article 13
   1.  The Committee can only act legitimately if two thirds of its members
  are present or represented .
  2.   Opinions shall state the reasons on which they are based ; they shall
  be passed by an absolute majority of the valid votes .    The opinions shall
  bring out or shall be accompanied by a note which portrays the opinions
  expressed by the minority, if it so requests .
                                    .Article 14
  The Committee shall fix its working methods by means of an interior
  Regulation which shall enter into effect once it has been approved by
  the Commission .
                                    Article 15
  Without prejudice to the provisions of Article 214 of the Treaty, it shall
  be incumbent upon Committee members not to disclose information which thoy
  have obtained in the work of the Committee or the working parties , if the
  Commission informs thein that the requested opinion or the question raised
  covers a confidential subject .
  In this event , only the Committee members and the representatives of the
  Commission departments shall attend the sessions .
                                    Article 16
  This Decision shall enter into force on . • . .1           ....-
- Done at Brussels                           By the Council
                                             The President
 ---pagebreak---                          - 11 -
            Draft Decision of the Council
 to confer on the Mines Safety and Health Commission
   the task of continuing its preventative action
in the field of safety at work in the whole range of
                extractive industries
 ---pagebreak---                                       - 12 -
                            EXPLANATORY MEHORAITOUM
1)   Coal mines , other mines and underground and open–cast quarries are all
high risk industrial activities .
     It has "been shown that the overall frequency of fatal accidents is
higher in these industries than in any other (up to six killed per year per
thousand employed persons in the last ten years ). It is at present less in
coal mines "but particularly high in open-cast quarries .
     Apart from fire-damp, which is particular to coal mines, the safety'
problems are similar .   They include
–    in deep mines , problems connected with subsidance and ventilation and
     atmosphere j
–    for all mining, problems of transport in a confined space , laborious
     work ( heavy tools , uncomfortable posture , confined space ) and working
     environment ( dust , lighting, •••);
–    finally, all mining activity is faced , to a varying degree , with .
     problems of blasting, roof fall and particular difficulties in
     operating machinery .
     On the basis of these observations , the Commission has asked the
Minos Safety and Health Commission to examine how it oould extend its
present jurisdiction and to state its attitude to the problem .
2)   The Mines Safety and Health Commission was set up in 1957 by a
Decision of the Representatives of the Member States meeting within the
Council . In 1956 a very serious accident ( Marcinelle ) led the Member States
and the High Authority of the ECSC to organize a conference on safety, in
the mines . In order to ensure continuity the Safety Commission was intended
to J
 ---pagebreak---                                        - 13 -
–     study safety conditions in the mines
–     work <sut appropriate measures for continually improving these conditions .
      The Safety Commission included aji equal number of government represen­
tatives and representatives from the professional organizations connected
with mining from each country ( including those countries who have no
collieries ). It is chaired by a member of the Commission of the European
Communities and has a secretariat provided by the Commission .         Its work is
prepared by a restricted Committee ( the governmental members of the Safety
Commission ).
      The Safety Commission* s mandate is extensive .     It may study any
question concerning safety in specialized working parties and propose
practical and statutory measures to the governments .       Since 1967 it has
pronounced upon a considerable number of texts .
     In 1965 the tasks of the Safety Commission ( which up until then were
confined to technical safety problems', were extended to cover health
problems ).
      The competence of the Safety Commissisn is limited to coal mines both
at the level of legislation and the exchange of practical experience ,
although the competence of . government organisations ( mining inspectorates )
and professional organisations ..( for example . Trade. Unions ) represented on
the Safety Commission is more extensive .        • . •                 ;r  ■ ..
3)    The Safety Commission has examined how it could extend its competence
to cover all extractive activity .
                                • /                                  ,
      This examination showed that :
 ---pagebreak---                                      -. 14 -
–     the documents and provisions already adopted can be applied to all
      extractive industries without major changes on the condition that they
      are technically relevant ;
–     the mandates for studios in progress can he adopted without major
      difficulty .
      Consequently undertakings other than collieries would be able to
benefit in the short–term from work done by the Safety Commission .   At the
same time , they would point out their specific problems and this would
gredually increase the scale of activity .
      As a result , the total number of workers concerned by these activities
will increase from 434>000 to 672,000 ( figures for the end of 197*1 which
do not include Denmark and Ireland ).
      Within the Safety Commission itself , only a minor amount of adaptation
would be necessary to the representation of the interested parties .    In
particular , the number of governmental members will not need to be changed
( because of the competence of mining inspectorates ).
      The Safety Commission was favourable to this proposal .
4)    By the proposed Decision, it will be the responsibility of the Safety Commission
to study all the problems of underground and open-cast extractive industries .
Deferment is necessary for open-cast mining because , at the present -time, the
mining inspectorates in two Member States are not responsible for all the quarries .
 ---pagebreak---                                         15
This Decision does not include :
–    extraction of oil and natural gas t which normally come under the
     mining authorities but which are subject to a provisional reservation ;
–     simple excavation ( whose purpose is not to mine useful materials but
     to create open spaces by digging) which does not come under the mining
     inspectorate .
     The only industries and undertakings covered by this Decision are
mining and activities directly connected with it ( preparation for sale
and transport of mined materials ) but not the industrial processing of those
materials .
 ---pagebreak---                                         - 16 -
                  THE COUNCIL OP " THE EUROPEAN COMMUNITIES ,
          Having regard to the Treaty establishing the European
          Economic Community ;
          Having regard to the draft submitted by the Commission,
Whereas the Representatives of the Governments of the Member States meeting
within the special Council of Ministers have , by the decisions of
6 September 195& and of 9 and .10 May . 1957# set up a Mines Safety and Health
Commission , whose mandate , last amended by the decision of 11 March 19&5 |
shall be to follow the development of safety conditions , the prevention of
risks , and the working environment which threaten the health of workers
in coal mines , and to draw up proposals designed to improve these conditions ;
Whereas , as a result of the reports on the annual activities of the safety
Commission , this, body has proved , to be an . effective instrument and
appropriate for safeguarding the health and safety of workers in coal mines ;
Whereas , problems of safety similar to those in coal mines also exist in
underground extractive activities and those carried out on an open cast
basis ; and whereas it is necesssary to carry out an effective preventative
action in mines other than coal mines ;
Whereas safety at work is a part of the social objectives of the EEC Treaty ,
and whereas it is desirable to take advantage of the experience gained
within the safety Commission and entrust it with the task of extending the
preventative action which , up until now, has been confined to coal mines
at Community level , to all other extractive industries ;
His decided as follows :
                                    Article 1
1   Preventative action against risks in the working environment , which
    threaten the health of workers in all extractive industries , with the
    exception of the extraction of oil and natural gas as well as simple
    excavation work, shall be included in the mandate of the Mines Safety
    and Health Commission, defined by the decision of the representatives
    of the Governments of the Member States meeting within the special
    Council of Ministers of 11 March 1965 .
 ---pagebreak---  2     Extractive industries include extractive activities in the true
       sense and also the preparation of extracted materials for sale and
       transport , but not the processing of these materials .
                                    Article 2
 The Member States shall , not later than three months after the application
 of the provisions of this Decision , take the measures necessary to adapt
 their representation in the Safety Commission , in order to allow for its
 new tasks .
                                    Article 3
 This Deoision comes into force on 1 April 1974 *   From this date it will
 apply in respect of . underground extractive activities and from
 1 January 1976 to all extractive , industries as defined in Articled of this
 Decision . .    :
-Done at Brussels                                By the Council
                                                 The President-