CELEX: 51990PC0376
Language: en
Date: 1990-08-06
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) PROHIBITING THE INTRODUCTION INTO THE TERRITORY OF THE COMMUNITY OF CRUDE OIL AND REFINED PETROLEUM PRODUCTS OR THEIR DERIVATIVES ORIGINATING IN OR LAST EXPORTED FROM IRAQ

N o C 321/2                             Official Journal of the European Communities                                                  21. 12.90
                                                                 II
                                                        (Preparatory Acts)
                                                  COMMISSION
                Proposal for a Council Directive on the operational protection of outside workers exposed to
                    ionizing radiation during their activities in installations in which such radiation is used
                                                       COM(89) 376 final
                                     (Submitted by the Commission on 21 November 1990)
                                                          (90/C 321/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              W h e r e a s in a c c o r d a n c e with the principles of Directive
                                                                      8 0 / 8 3 6 / E u r a t o m it should be the d u t y of employers a n d
                                                                      o p e r a t o r s t o ensure t h a t exposed w o r k e r s are given
Having regard to the Treaty establishing the European                 optimized protection a n d t h a t d o s a g e is kept as low as
Atomic Energy Community, and in particular Articles 31                reasonably achievable;
and 32 thereof,
Having regard to the proposal from the Commission,                    W h e r e a s Article 40 (1) of Directive 8 0 / 8 3 6 / E u r a t o m
drawn up after the opinion of a group of experts                      provides t h a t each M e m b e r State shall t a k e all necessary
appointed by the Scientific and Technical Committee                   measures to ensure the effective protection of exposed
had been obtained,                                                    w o r k e r s ; whereas the employer is, m o r e o v e r , primarily
                                                                      responsible for the p r o t e c t i o n of exposed w o r k e r s ;
Having regard         to   the  opinion  of   the   European
Parliament,                                                           W h e r e a s Articles 20 a n d 23 of t h a t Directive classify the
                                                                      areas of the installations a n d the exposed w o r k e r s into
                                                                      sub-categories a c c o r d i n g to the level of e x p o s u r e ;
Having regard to the opinion of the Economic and
Social Committee,
                                                                      W h e r e a s the w o r k e r s performing              activities in a
Whereas Article 2 (b) of the Treaty provides that the                 controlled area a n d classified as c a t e g o r y A w o r k e r s
Community shall establish uniform safety standards to                 within the m e a n i n g of the said Articles 20 a n d 23 can
protect the health of workers and of the general public               belong to the personnel of the installation o r be w o r k e r s
and ensure that they are applied in accordance with the               in outside u n d e r t a k i n g s o r self-employed w o r k e r s ;
procedures laid down in Chapter III of Title Two of the
Treaty;
                                                                      W h e r e a s Article 3 of Directive                     80/836/Euratom
                                                                      c o n c e r n i n g activities involving a h a z a r d arising from
Whereas on 2 February 1959 the Council adopted initial
                                                                      ionizing radiation provides t h a t such activities must be
directives ( l ) laying down such basic standards, which
                                                                      reported and be subject to prior a u t h o r i z a t i o n ;
were amended by Directive 80/836/Euratom (2), as
amended by Directive 84/467/Euratom ( 5 );
                                                                      W h e r e a s the principal activity of outside u n d e r t a k i n g s
Whereas Title VI of Directive 80/836/Euratom lays                     does n o t necessarily involve a h a z a r d arising from
down the fundamental principles governing operational                 ionizing radiation within the m e a n i n g of Article 2 of
protection of exposed workers;                                        Directive 8 0 / 8 3 6 / E u r a t o m , but insofar as the w o r k
                                                                      p e r f o r m e d by c a t e g o r y A w o r k e r s employed by such
                                                                      u n d e r t a k i n g s in installations in which ionizing radiation
                                                                      is used nonetheless constitutes such an activity, it is
O OJ No 11, 20. 2. 1959, p. 221/59.                                   necessary for it to be r e p o r t e d a n d be subject t o prior
(2) OJ No L 246, 17. 9. 1980, p. 1.                                   a u t h o r i z a t i o n within the m e a n i n g of Articles 3 a n d 4 of
(3) OJ No L 265, 5. 10. 1984, p. 4.                                   Directive 8 0 / 8 3 6 / E u r a t o m ;
 ---pagebreak--- 21. 12.90                             Official Journal of the European Communities                            No C 321/3
Whereas category A outside workers are liable to be             Whereas, on 12 June 1989, the Council adopted
exposed to ionizing radiation in several installations in       Directive 89/391/EEC on the introduction of measures
succession in one and the same Member State or in               to encourage improvements in the safety and health of
different Member States; whereas these specific working         workers at work (');
conditions require dosimetric monitoring specially
adapted to the nature of the work which ensures
radiation protection in accordance with the basic
standards for that category of worker;                          Whereas Article 10 (2) of that Directive provides that the
                                                                installation operator must inform the employers of
Whereas Article 24 of Directive 80/836/Euratom                  workers from outside undertakings present in the instal-
provides that category A outside workers employed to            lation of the safety and health risks and the protection
perform activities in the controlled areas of several           and prevention measures and activities in respect both of
installations in succession are, over and above basic           the installation in general and of each worker's work-
training in radiation protection, to receive in each            station and/or job;
separate installation further training and information
regarding the special features of the installation and the
tasks to be performed which are not covered by the basic
training;                                                       Whereas Article 12 (2) of that Directive stipulates that
                                                                the installation operator must ensure that workers from
Whereas several Member States have already taken                outside undertakings engaged in work in his installation
specific measures with regard to the radiation protection       have received appropriate training in relation to the
of outside workers by requiring each outside undertaking        safety and health risks arising from their activities there,
engaged to perform work in an installation in which
ionizing radiation is used to obtain prior authorization
from the competent authority and by setting up a central
register of exposure data and of personal radiation
protection charts and record sheets;                            HAS ADOPTED THIS DIRECTIVE:
Whereas, the better to protect category A outside
workers, it is necessary to define clearly the responsi-
bilities of employers, installation operators and workers;                                TITLE I
Whereas all category A outside workers performing ac-                              Purpose and definitions
tivities in a controlled area of an installation in which
                                                                                          Article 1
ionizing radiation is used in a Member State should
benefit from such protection;
                                                                The purpose of this Directive is to increase the oper-
                                                                ational protection of category A outside workers
Whereas the operator of an installation should be               performing activities in the controlled areas of instal-
responsible for ensuring that all workers active in his         lations in which ionizing radiation is used against the
installation are protected in accordance with the rules set     dangers of such radiation.
out in Directive 80/836/Euratom;
Whereas in order to ensure that responsibilities are
properly distributed among employers, installation                                        Article 2
operators and workers, the employer must bear primary
responsibility for radiation protection, while assignment        For the purpose of this Directive:
of additional obligations to the operator with regard to
operational dosimetric monitoring should contribute to
ensuring improved protection for category A outside
workers;                                                        — the term 'installation in which ionizing radiation is
                                                                     used' shall apply to any installation in which an
Whereas the use of a personal acceptability certificate in           activity is performed involving a hazard arising from
the case of such workers should enable the installation              ionizing radiation within the meaning of Article 2 of
operator to check the information required to ensure                 Directive 80/836/Euratom,
that they are protected in accordance with the rules set
out in Directive 80/836/Euratom while they are
performing activities in the installation;
                                                                — the term 'outside worker' shall apply to any person,
                                                                     including students, apprentices and trainees, who
Whereas the introduction of such a certificate will
                                                                     performs a service in an installation in which
facilitate access to information concerning the exposure
of such workers within the Community as laid down in
Article 40 (5) of Directive 80/836/Euratom;                      (') OJ No L 183, 29. 6. 1989, p. 1.
 ---pagebreak--- N o C 321/4                              Official Journal of the European Communities                                  21. 12. 90
     ionizing radiation is used and is either self-employed         3.    The operator shall be responsible for the following
     or employed by an undertaking other than that                 aspects of radiation protection in the case of each
     responsible for the installation,                             category A outside worker performing activities in a
                                                                   controlled area of the installation:
— the term 'outside undertaking' shall apply to any
     undertaking or self-employed worker performing                (a) ensuring that the worker undergoes personal moni-
     activities of any nature in an installation in which               toring and is subject to appropriate medical super-
     ionizing radiation is used,                                        vision;
                                                                   (b) ensuring that he is classified as medically fit for the
— the terms 'controlled area' and 'category A workers'                  work to be assigned to him and that the dose limits
     shall have the meanings assigned to them in Articles               laid down by his employer for that work are not
     20 and 23, respectively, of Directive 80/836/Euratom.              exceeded, account being taken of all possible forms
                                                                        of exposure;
                           TITLE II                                (c) ascertaining that he has received basic training in
                                                                        radiation protection and that, where additional
     Obligation of outside undertakings and operators                   specific training relating to the characteristics of the
                                                                        installation and of the work is necessary, he receives
                           Article 3                                    such training;
Each Member State shall require outside undertakings
employing category A workers and having premises
within its territory to report activities and obtain prior         (d) ascertaining that the worker, when performing his
authorization as laid down in Articles 3 and 4 of                       activities, is always in possession of the dosimeters
Directive 80/836/Euratom.                                               which the specific nature of the work requires and,
                                                                        in addition, of a direct-reading personal dosimeter.
                                                                       Where any of these dosimeters has not been
                                                                        provided by the employer, the operator shall make it
                                                                        available to the worker.
                           Article 4
When an outside undertaking is engaged to provide
services in an installation in which ionizing radiation is
used, the installation operator and the outside under-                                       TITLE III
taking shall be required to fulfil their obligations under
this Directive without prejudice to the provisions of a                                Acceptability certificate
general and permanent nature relating to the radiation
                                                                                              Article 6
protection of workers as laid down in Titles III to VI of
Directive 80/836/Euratom.                                           1.    In order to enable the installation operator and the
                                                                   outside undertaking to coordinate satisfactorily their
                                                                   obligations under this Directive, the employer must
                                                                   provide the operator with a personal acceptability
                           Article 5                               certificate for each category A outside worker who is to
                                                                   perform activities in a controlled area.
1.     The operator of an installation in which ionizing
radiation is used must inform the outside undertaking
before it starts work of the safety and health risks arising
from exposure to this type of radiation and of the                 2.     The acceptability certificate forms must correspond
protection and prevention measures and activities in               to the specimen set out in the Annex.
respect both of his installation in general and of each
type of workstation or job involved.
                                                                    3.    Before the work is started, page 1 of the certificate
                                                                   (front of the page) must be duly completed and signed
                                                                   by the employer and be verified by the operator and
2.     The operator of an installation in which ionizing
                                                                   made available to him.
radiation is used and category A outside workers are
performing activities shall be responsible for the oper-
ational aspects of their radiation protection which relate
directly to the nature of the installation and the ac-             4.     On completion of the work, page 2 of the
tivities, including operational dosimetric monitoring of           certificate (back of the page) must be completed by the
the latter.                                                         operator and returned to the employer.
 ---pagebreak--- 21. 12.90                            Official Journal of the European Communities                           No C 321/5
5.    On receipt of the acceptability certificates, the                                TITLE IV
employer must include them in the medical records of
the workers concerned drawn up in accordance with                                   Final provisions
Article 36 of Directive 80/836/Euratom.
                                                                                       Article 7
                                                               Member States shall take the measures necessary to
6.    The personal medical or dosimetric monitoring            comply with this Directive no later than 31 December
charts or record sheets, where they exist, may be used          1992.
simultaneously with the acceptability certificate, but shall
not replace it.
                                                               The provisions adopted pursuant to the first paragraph
                                                               shall make express reference to this Directive.
                        Article 6a                             Member States shall inform the Commission of the
                                                               provisions which they have adopted pursuant to this
The Commission will publish an annual report on the
                                                               Directive.
implementation of this Directive in the Member States.
This report will be submitted to the European Parliament
for examination, and discussion by the Social Affairs                                  Article 8
Committee which may decide to make a further report
to the European Parliament as a whole.                         This Directive is addressed to the Member States.
 ---pagebreak--- N o C 321/6                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                       21. 12.90
                                                                    ANNEX
            Acceptability certificate for category A outside workers performing activities in controlled areas of
                                              installations in which ionizing radiation is used
                                                            Page 1 (front of page)
                                                            EMPLOYER'S DATA
            1.      Nuclear installation:
            2.      Worker's identity:
            2.1.    Family name:
            2.2.    Forename:
            2.3.    Date of birth:
            2.4.    National Radiation Protection N o :
            3.      Date of last medical examination:
            4.     Accepted as a person professionally exposed to radiation:                                  Q yES        CI N O
            5.      Permitted to wear a protective mask and suit:                                             Q yES        D    NO
            6.1.   Training or instruction in radiation protection provided by:
                    Date:
            7.      Cumulative effective dose in the current year:                                                             mSv
            8.      Effective dose limit recommended for the w o r k ( ' ) :
                                                                           from            to                                  mSv
            9.      Employer:
            10.1.   Date:                                                     10.2.    Signature:
            (') NB: It is expected that the operator will ensure that exposure is kept as low as reasonably achievable. This recom-
                mended dose limit should not therefore be taken as a licence to allow exposure to that level.
 ---pagebreak--- 21. 12. 90                            Official Journal of the European Communities                                          No C 321/7
                                                      Acceptability certificate
                                                      Page 2 (back of page)
                                                      OPERATOR'S DATA
           11.   Additional training in radiation protection:
                 Content and date:
           12.1. Start of work:
           12.2. Completion of work:
           13.   Cumulative effective dose (mSv) received through professional exposure to external irradiation
                                                              X +         beta*           n*         Extr. *
                                                             gamma
                 Effective dose
                 Surveillance method
                 X + gamma: X + gamma irradiation
                 beta:            beta irradiation
                 n:               neutron irradiation
                 Extr.:           irradiation of extremities
                                  miscellaneous
                 *:               where measured
           14.   Effective irradiation dose from internal contamination
                                                Monitoring method      Incorporated activity or      Institute interpreting
                            Date                                            elimination rate               the results
           15.   Comments:
           16.   Date:                                                         17.   Seal and signature of the person in charge
                                                                                     of the radiation protection service: