CELEX: 51989PC0087
Language: en
Date: 1989-03-17
Title: Amended Proposal for a Council Directive concerning the minimum safety and health requirements for the use by workers of individual protection equipment at the workplace (third individual Directive falling within the terms of Article 16 of Directive...) (presented by the Commission under Article 149-3 of the Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 87
Vol. 1989/0027
 ---pagebreak--- Disclaimer
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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) modifié en dernier
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak--- i
  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM ( 89) 87   final - SYN 126
                                                      Brussels , 17March 1989-
                             Amended Proposal
                         for a Council Directive
        concerning the minimum safety and health requirements
           for the use by workers of individual protection
                       equipment at the workplace
      ( third individual Directive falling within the terms of
                      Article 16 of Directive ...)
                 -                               -             . v* ..    -
                                                         v» V*
                  ( presented by the Commission under
                      Article 149-3 of the Treaty )
 ---pagebreak---                                      -i-
Proposal for a Council Directive concerning the minimum requirements for fcho
use by workers of personal protective equipment
COMMISSION PROPOSAI .                          AMENDED COMMISSION PROPOSAL ,
COM(88 ) 76 final                              FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                       EUROPEAN PARLIAMENT OF
                                               14 DECEMBER 1988
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty
establishing the European Economic
Community and in particular Article
118 A thereof ,
Having regard to the proposal from the
Commission , drawn up after
consultation with the Advisory
Committee on Safety , Hygiene and
Health Protection at Work2 ,
Having regard to the opinion of the
Economic and Social Committee ,
In cooperation with the European
Parliament ,
Whereas Article 118A of the EEC Treaty      Whereas Article 118A of the Treaty
provides that the Council shall issue        provides that the Council shall issue
directives containing minimum                directives containing minimum
requirements designed to encourage           requirements designed to encourage
improvements , especially in the             improvements , especially in the
working environment , to promote the         working environment , to guarantee
health and safety of workers ;               greater protection of the health and
                                             safety of workers ;
Whereas Article 118A also recommends         deleted
that directives shall avoid imposing
administrative , financial and legal
 constraints which could hold back the
 creation and development of small and
 medium-sized undertakings ( SMUs );
 ---pagebreak--- COMMISSION PROPOSAL                      AMENDED COMMISSION PROPOSAL ,
COM ( 88 ) 76 final                      FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                 EUROPEAN PARLIAMENT OF
                                         14 DECEMBER 1988
Whereas the communication from the     Whereas the communication from the
Commission on its programme concerning Commission on its programme concerning
safety , hygiene and health at work ^  safety , hygiene and health at work
provides for the adoption of           provides for the adoption of a
directives designed to guarantee the   directive on the use of personal
safety and health of workers ;         protective equipment at work ;
Whereas the Council Resolution of 21   Whereas the Council , in its Resolution
December 1987 4 concerning safety ,    of 21 December 1987 concerning safety ,
hygiene and health at work noted the   hygiene and health at work , noted the
Commission 's intention to present to  Commission 's intention of submitting
it in the near future minimum          to it in the near future minimum
requirements concerning the safety and requirements concerning the
health of workers at work ;            organization of the safety and health
                                       of workers at work ;
Whereas the completion of the iolernal une Lang ed
market entails the drawing up of a
directive based on Article 100A , in
accordance with the new approach to
harmonization and standardization^,
making compliance with essential
safety requirements for the design ,
manufacture or construction of
personal protective equipment a
condition for the placing on the
market and free movement throughout
the Community of such equipment ;
Whereas it is necessary to supplement  unchanged
this Directive , which only refers to
the placing of personal protective
equipment on the Community market , by
minimum safety and health requirements
for the use of personal protective
equipment ;
 ---pagebreak--- COMMISSION PRCPGSAL                     AfthfWtD C0.M?1ISSICk PROPOSAL ,
COM ( 88 ) 76 final                     FOLLOWING THE OPINION OF THE
OJ No C 16 i o f 20.6.1938              EUROPEAN PARLIAMENT OF
                                        U UtCEttAER 1988
Whereas this Directive introduces <?. Whereas this Directive introduces a
social element in relation to a       social element in relation to a
iin.hnical harmonization directive    technical harmonization directive
aiming at the completion of the       aiming at the completion of the
internal market for personal          internal market for personal
protective equipment ;                protec tive equ i pment ;
                                      Whereas compliance with the minimum
                                      requirements designed to guarantee
                                      greater health and safety at work is
                                      essential to ensure the safety and
                                      health of workers and whereas these
                                      requirements are also necessary to
                                      encourage fair competition ;
                                      Whereas t,hi3 Directive is an
                                      individual directive within the
                                      meaning of Article 15 of the Directive
                                      on the introduction of measures to
                                      encourage improvements in the safety
                                      and health of workers at the workplace
                                      and whereas consequently the
                                      provisions of the latter shall apply
                                      fully to the use by workers of
                                      personal protective equipment at the
                                      workplace , without prejudice to more
                                      stringent and /or specific provisions
                                      contained in this Directive ;
 ---pagebreak---                                          - 4 -
COMMISSION PROPOSAI.                             AMENDED COMMISSION PROPOSAL ,
COM ( 88 ) 76 final                              FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                         EUROPEAN PARLIAMENT OF
                                                 14 DECEMBER 1988
Whereas collective means of protect .! on      Whereas collective means of prol' < l ion
shall be accorded priority over                shall be accorded priority over
individual protective equipment ;              individual protective equipment and
                                               whereas the employer shall be required
                                               to provide safety equipment and take
                                               safety measures suited , in particular ,
                                               to the machinery used ;
Whereas the use of personal protective         d<l<>ted
equipment presupposes that workers are
in situations which pose a risk to
their safety and health and that it is
important , in such a situation , to
encourage the involvement of the
worker in all aspects of the use of
personal protective equipment ;
Whereas this Directive lays down               deleted
essential minimum requirements to
protect the safety and health of
workers , without impeding the
retention or institution by each
Member State of more stringent
measures to protect working conditions ;
Whereas these requirements should not
entail alterations to personal                 Whereas the requirements laid down in
protective equipment whose design and          this Directive should not entail
manufacture were covered by Community          alterations to personal protective
Directives relating to safety and              equipment whose design and manufacture
health at work ,                               were covered by Community directives
                                               relating to safety and health at work ,
 ---pagebreak---                                       - 5 -
COMMISSION PROPOSAL                            AMENDED COMMISSION PROPOSAL ,
COM(88 ) 76 final                              FOLLOWING TME OPINION OF THE
OJ No C 161 of 20.6.1988                       EUROPEAN PARLIAMENT OF
                                               14 DECEMBER 1988
                                                                   .V   £
Whereas it is important to promote th®      dslstad
cooperation of both sides of industry
in decisions and activities relating
to the protection of safety and health
at the workplace , at all levels ;
Whereas a Committee should be set up        deleted
within the Commission to assist the
Commission in the implementation of
additional measures provided for by
the Directive ;
                                            Whereas , pursuant to Decision
                                            74/325/EEC ( 1 ), the Advisory
                                            Committee on Safety , Hygiene and
                                            Health Protection at Work shall be
                                            consulted by the Commission with a
                                            view to drawing up proposals in this
                                            field ;
HAS ADOPTEO THIS DIRECTIVE :
                     0BJECT
                    Article 1
The object of this Directive , which is     1.   The object of this Directive ,
an individual directive within the               which is an individual directive
meaning of Article 13 of Directive               within the meaning of Article 16
 . . . , is the protection of workers             of the Directive , on the
against the risks to their safety and             introduction of measures to
health at work where such risks cannot            encourage improvements in the
be avoided or sufficiently overcome by            safety and health of workers at
collective means of protection or by              the workplace . . . , is the
organizational measures , methods or              protection of workers against the
procedures .                                      risks to their safety and health
                                                  at work where such risks cannot be
                                                  avoided or sufficiently overcome
                                                  by technical means of collective
                                                  protection or by organizational
                                                  measures , methods or procedures .
                                             (!) OJ No L 185 , 9.7.1974
 ---pagebreak---                            б -
COMMISSION PROPOSAL               AMENDED COMMISSION PR( nSAL ,
COM ( 80 ) 76 final               FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6 . 1988        EUROPEAN PARLIAMENT OF
                                  14 DECEMBER 1988
                               2.   This Directive applies to personal
                                    protective equipment used at work .
                                    It lays down provisions for this
                                    type of equipment which supplement
                                    those in the Council Directive on
                                    the approximation of the laws of
                                    the Member States relating to
                                    personal protective equipment .
                               3.   The j -w Is ions of the Directive
                                    referred to in paragraph 1 shall
                                    apply fully to the use by workers
                                    of personal protective equipment
                                    at the workplace , without
                                    prejudice to more stringent and / or
                                    specific provisions contained in
                                    this Directive .
 ---pagebreak---                                          7 -
COMMISSION PROPOSAL.                           AMENDED COMMISSION PROPOSAL ,
COM(88 ) 76 final                              FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                       EUROPEAN PARLIAMENT OF
                                               14 DECEMBER 1988
                DEFIWITIOPJS
                  Article 2
1.  Thi3 Directive applies to personal       deleted ( becomes Article 1(2 ))
    protective equipment used at
    work , It lays down supplementary
    provisions for thi3 type of
    equipment to those given in
    Council Directive ... concerning
    the assimilation of Member States'
    legislation on personal protective
    equipment .
2.  For the purposes of this                 unchanged , no paragraph number
    Directive , the following terms
    have the meanings hereby assigned
    to them :
          workplace                          deleted
          any place to which the worker
          has access in the undertaking
          and /or establishment ;
    -     wo rker                            deleted
          any person who performs work
           in some form , including
           students undergoing training
          and apprentices ;
    -     undertaking and/or                 deleted
          establishment
          a public-sector or
           private-sector body engaging
           in particular in industrial ,
           agricultural , commercial ,
           administrative , service ,
           educational or cultural
           activities ;
 ---pagebreak---                                            - 8 -
COMMISSION PROPOSAL                                AMENDED COMMISSION PROPOSAL ,
COM ( 08 ) 76 final                                FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                           EUROPEAN PARLIAMENT OF
                                                   14 DECEMBER 1988
-     employer                                   deleted
      the body or person in charge of
      the undertaking and / or enterprise ;
-     personal protective equipment              -   personal protective equipment :
      all equipment designed to bo worn              any equipment d . ! jiu>d to be worn
     or held by the worker to protect                or held by the worker to protect
      him against one or more hazards                him against one or more hazards
      liable to endanger his safety and              liable to endanger his safety or
      health at work .   Annex B to Annex            health at work .
     III contains a non-exhaustive
      list , as a guideline , of personal
     protective equipment covered by
      this definition .
     The following are also considered           deleted
      to be personal protective
      equipment :
      -     an assembly of several
            integrally-linked devices or
            means designed to protect the
            worker against one or more
            risks liable to be
            encountered simultaneously .
     -      a devi co or means of                deleted
            protection attached , whether
            permanently or not , to an
            item of personal
            non-protective equipment worn
            or held by the worker in
            order to perform an activity ,
 ---pagebreak---                                        .. 9 -
COMMISSION PROPOSAL                               AMENDED COMMISSION PROPOSAL ,
COM(88 ) 76 final                                 FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                          EUROPEAN PARLIAMENT OF
                                                  14 DECEMBER 1988
    - interchangeable component' --T an       . î.MKted
       item of personal protective
       equipment which are essential
       for its efficient functioning .
    Any linking system to connect             deleted
    personal protective equipment to
    an outside device , even when this
    linking system is not designed to
    be worn or held permanently by the
    worker during exposure to the risk
    or risks .
    The definition excludes :                  unchanged
    - ordinary working clothes and
       uniforms not specifically
       designed to protect the safety
       and health of the worker
     - equipment used by emergency and
        rescue services
     - personal protective equipment
        worn or used by the military ,
        the police and other public
        order agencies
     - means of private transport and
        related equipment
 ---pagebreak--- COMMISSION PROPOSAL                          AMENDED COMMISSION PROPOSAL ,
COM ( 88 ) 76 final                          FOLLOWING THE OPINION OF THE
OJ Mo C 161 of 20.6.1988                     EUROPEAN PARLIAMENT OF
                                             14 DECEMDER 1988
      - sports equipment
     - self-defence or deterrent
         equipment
     - portable devices for detecting
        and signalling risks and
         nuisances .
      Annex II contains a non-exhaustive  unchanged
      list , as a guideline , of personal
      protective equipment covered by
      this def i f 1 1 ion .
               GENERAL PROVISIONS
                                                          Article 2a
                                          Member States shall ensure that an
                                          adequate system of checks and
                                          surveillance is implemented for the
                                          purposes of this Directive .
                      Article 3
Personal protective equipment shall be    Personal protective equipment shall be
used when the risks cannot be avoided ,   used when the risks cannot be avoided ,
or adequately overcome by the other       or adequately overcome by the other
means indicated in Article 1 .            means indicated in Article 1(1 ).
                                                           Article 4
1.    Personal protective equipment       1.   Unchai -•
      should :
      be appropriate for the risks
      involved
 ---pagebreak---                                          - 11
COMMISSION PROPOSAL                                 MOLD COMMISSION PROPOSAL ,
COM ( 08 ) 76 final                              FOLLOWING THE OPINION Oi I ! IE
OJ l\!o C 161 of 20.6.1988                       EUROPEAN PARLIH :: /,;i of
                                                 14 DECEMBER 1988
      be adapted or adaptable to the
      individual worker
-     correspond to the conditions at
      the workplace
-     take account of ergonomic
      requirements
-     take account of the worker 's slate
      of health
-     if possible , incorporate
      corrective elements required by
      the user .
2.    Where the presence of more than         2.   Where the presence       more than
      one risk makes it necessary for a            one risk makes it nec <       y fur a
      worker to wear more than one item            worker to wear more than one item
      of personal protective equipment ,           of personal protective equipment ,
      such equipment must be compatible            such equipment must be compatible
      and continue to be effective                 and continue to be effective
      against each risk .                          against the risk or risks in
                                                   question .
3.    The conditions of use of personal       unchanged
      protective equipment , in
      particular the period for which it
      is worn , shall be determined on
      the basis of the seriousness of
      the risk , the frequency of
      exposure to the risk -> ud the
      characteristics of the workstation
      of each worker .
 ---pagebreak---                                            - 1?
COMMISSION PROPOSAL                                AMENDED COMMISSION PR<    òf.AL .
COM ( 88 ) 76 final                                 FOLLOWING THE OPINION OF THE
OJ No C 161 of 20         ! 008                     EUROPEAN PARI.lH ' Nl OF
                                                    14 DECEMBER 1988
4.    Personal protective equipment is ,        urn'    iged
      in principle , intend.·· .! for
      personal use . If the circuiti ' mees
      permit personal protective
      equipment to be worn by moi " Ilian
      one person , appropriate measures
      shall be taken to ensure thai     this
      does not create any health or
      hygiene problem for the different
      users .
5.    Adequate information on each item         unchanged
      of personal protective eqi ‘¡mient ,
      required under paragraphs 1 and 2 ,
      shall be provided and made
      available within the undertaking .
6.    Personal protective equipment             6 . Personal protective equipment shall
      shall normally be provided free of        be provided free of charge by the
      ch , gi ; by the employer , who shall     employer , who shall ensure that it is
      ensure that they are kept clean           kept clean and in good working order ,
      and in v ·<>υ working order , by          by carrying out the no. nssary
      carrying out the necessary                maintenance , repair and replacements .
      maintenance , repair and
      replacements .
ASSESSMENT OF PERSONAL PROTECTIVE                unchanged
EQU : iJMLNT
                     Article 5
 1.   When choosing personal protective          1 . Beginning unchanged
      equipment , the employer is
      required to assess whether the
      equipment he intends lo use
       satisfies the requirements of
       Ariicle 4 ( 1 ) and ( 2 ).
 ---pagebreak---                                           13 -
COMMISSION PROPOSAL                              AMENDED COMM    'ON P‘ •' " OfiAL ,
C;OM(88 ) 76 final                               FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                         EUROPEAN PARLIAM’ N I OF
                                                 14 DECEMBER 1908
     This assessment shall ii ■•/»>! we :
     ( a ) analysis of risks which             (a ) an analysis and assessment of
     cannot be avoided by other moans .'       ri-' - M. h cannot be avoided by other
     Annex I comprises a chart , as a          means , Annex 1 comprises a chart , as a
     guideline , for this analysis ;           guideline , for this analysis ;
     ( b ) the definition of the               unchanged
     characteristics which personal
     protective equipment must have in
     order to be effective against the
     risks referred to in ( a ) above ,
     taking into account any risks
     which this equipment itself may
     i mate ;
                                               unchanged
      ( c ) a comparison of the
     characteristics of the personal
      protective equipment available
     with the characteristics referred
      to in ( b ). Annex IT gives
     guidelines on the existence of
      personal protective equipment .
      Annex III gives non-exhaustive
      guidelines for an assessment of
      certain types of personal
      protective equipment .
 ---pagebreak---                                               14
COMMISSION PROPOSAL                                AMENDED COMMISSION PROPOSAL ,
COM ( 88 ) 76 final                                FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                           EUROPEAN PARLIAMENT OF
                                                   14 DECEMBER 1988
2.    The assessment provided for in             unch "jod
      paragraph 1 shall be repeated if
      any changes are made to any of its
      elements .
               REGULATIONS FOR USE
                     Article 6
1.    Notwithstanding the provisions of          unchanged
      Articles 3 , 4 and 5 , the ‘V-mber
      States shall establish regulations
      to constitute a framework for       the
      use of personal protective
      equipment , taking account of
      Community legislation on the free
      movement of such equipment .
      These regulations shall indicate
      in particular the circums i ances ,
      activities or sectors of activity
      in which the use of personal
      protective equipment is required .
      '* : nber States shall take a . < ount
      of Annexes I , II , III and IV when
      establishing such regulations .
2.    The Member States shall adapt the          unchanged
      regulations referred to in
      paragraph 1 to take account of any
      significant changes to the risks ,
      collective means of protection and
      personal protective equipment
      brought about by technological
      developments .
 ---pagebreak---                                               ... j. 5 -
COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL ,
COM ( 98 ) 76 final                                         FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                                    EUROPEAN PARLIAMUVS ! OF
                                                            14 DECEMBER 1988
3     T!u.> Member States shall consult                  3 . The Member States shall consult
      management and workers before                            employers' and workers'
      establishing the regulations                             organizations before drawing up
      referred to in paragraphs 1 and 2 .                      the regulations referred to in
                                                                paragraphs 1 and 2 .
COLLABORATION BETWEEN THE SOCIAL
PARTNERS
                    Article 7
1.    The employer is required to                        1.     In connection with personal
      involve the workers and /or their                         protective equipment , workers
      representatives in the undertaking                        and/or their representatives
      or establishment in the drawing up                        shall , pursuant to Article 10 of
      and / or implementation of :                              the Directive referred to in
                                                                Article 1(1 ) of this Directive , be
                                                                consulted on the drawing up and/or
                                                                 impiementai ion of :
      the policy for personal protection                  une ! .snged
      in the undertaking ;
      the principle for use established
       in Article 3 ;
       the conditions for use described
       in Article 4 ( 3 ), ( 4 ), ( 5 ) and ( 6 );
       the assessment procedure described
       in Article 5 ;
  .    the choice of types of personal
       protective equipment ;
 ---pagebreak---                                              ... 16 _
COMM Li:.' , i ON PROPOSAL                              AMENDED COMMISSION PROPOSAL ,
COM(OO ) 76 final                                       FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                                 Li • ; : iiN PARLIAMENT OF
                                                         14 DECEMBER 1988
    measures to be taken to reduce the
    constraints which the wearing of
    certain items of personal
    protective equipment can involve
    for the worker ;
.   measures to be introduced to
    ensure that personal protective
    equipment is correctly used by
    workers , in particular the
    provision of information and , if
    necessary , adequate It ' : "g ,
.   measures to be taken to avoid any
     risks which may result from the
    use of certain items of personal
     protective equipment .
2.  The provisions set out in                         deleted
     paragraph 1 do not affect the
     employer 's responsibility .
3.  The authority responsible for                     unchanged
     safety and health at work shall
     take the necessary measures to
     encourage the implementation and
     application of parag            > • " the
     undertaking .
                       Ai' ' i cle 8
1.   Annexes I , II , III and IV shall be             1.    In view of the changes to Annexes
     changed as a result of :                               I , II , III and IV resulting from :
 ---pagebreak---                                         - 17
COMMISSION PROPOSAI.                            AMENDED COMMISSION PROPOSAL ,
COM ( 88 ) 76 final                             FOLLOWING THE OPINION OF THE
OJ No C 161 of 20.6.1988                        EUr. r.nN PARLIAMENT OF
                                                14 DECEMBER 1988
      U;i « adoption of technical            -    the adoption of te>hnical
      harmonization and standardization           harmonization and standardization
      directives relating to the design           directives relating to personal
      and manufacture of personal                 protective equipment ,
      protective equipment
-     technical progress and changes in           technical progress and changes in
      international regulations and                international regulati ""* and
      specifications or knowledge in the           specifications or knowledge in the
      field of personal protective                 field of personal protective
      equipment .                                  equipment ,
2.    The Commission shall be assisted             the Commission shall be a-isted
       in making the changes referred to           by the Committee in accordance
       in i - graph 1 by a Committee               with the procedure provided for in
      using the procedure set out in               Article 17 of the Directive
       Article 14 of Directive .                   referred to in Article 1(1 ) of
                                                   this Directive .
                    Article 9
 1.    Member States shall bring into         1.   Member States shall bring into
       force the laws , regulations and             force the laws , regulations and
       administrative provisions                   administrative provisions
       necessary to comply with this                necessary to comply wJih this
       Directive by 1.7.1990 at the                 Directive by the date laid down
        latest and shall immediately                for the entry into force of the
       inform the Commission thereof .              Directive on the approximation of
                                                    the laws of the Member Slates
                                                    relating to personal protective
                                                    equipment . They shall immediately
                                                    inform the Commission thereof .
 2.    Member States shall communicate to      2.   Member States shall commo n i nle to
        the Commission the text of the              the Commission the text of the
        national provisions which they              national provisions which they
        adopt in the field covered by this          adopt , as well as those already
        Directive . The Commission shall            adopted , in the field coved by
        inform the other Member States               this Directive .
        thereof .
 ---pagebreak---   ... .PIISMON PROPOSAL                      AMI.N0ED COMMISSION PL - 'b AL ,
■ ->M(80 ) 76 final                          FOLI OWING THE; OPINION OF THE
OJ No C 161 of 2.0.6 . 1988                  EUROPEAN PARLIAMENT OF
                                             14 DECEMBER 1988
3.      Member States shall report to the 3.   Member States shall report to the
        Commission every two years on the      Commission every five years on the
        practical implementation of the         practical implementation of the
        provisions of this Directive in         provisions of this Directive in
        undertakings , indie at ! ay the        undertakings , indicating the
        points of view of employers and         points of view of employers and
        woi kers .                              ... .: kers .
                                                The Commission shall inform the
                                                Council , the European Parliament ,
                                                the Economic and Social Committee ,
                                                the Advisory Committee on Safety ,
                                                Hygiene and Health Protection at
                                                Work , and the Committee provided
                                                for in Article 17 of the Directive
                                                referred to in Article 1(1 ) of
                                                this Directive .
                                          4.    The Commission shall report
                                                periodically to the Council , the
                                                European Parliament and the
                                                Economic and Social Committee on
                                                the implementation of the
                                                Directive in the light of
                                                paragraphs 1 to 3 .
                   Article 10
This Directive is addressed to the
Member States .
 Done at Brussels ,
 ---pagebreak---                              - 19 -
 COMMISSION PROPOSAL                    AMENDED COMMISSION P : OSAI.,
 COM(88 ) 76 final                      FOLLOWING THE OPINION OF THE
 OJ No C 161 of 20.6.1988               EUROPEAN PARLIAMENT OF
                                        14 DECEMBER 1988
           For the Council ,
           The President
ANNEX I                             unchanged
ANNEX II                            unchanged
ANNl-X ru                           un < ' inyed
ANNEX IV                            unchanged