CELEX: 51998PC0162
Language: en
Date: 1998-03-10
Title: Re-examined proposal for a Council Directive on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 10.03.1998
                                                   COM(1998) 162final- SYN 459
                              Re-examined proposal for a
                                COUNCIL DIRECTIVE
on the protection of the health and safety of workers from the risks related to chemical
agents at work (fourteenth individual Directive within the meaning of Article 16(1) of
                                 Directive 89/391/EEC)
              (presented by the Commission pursuant to Article 189 c (d)
                                  of the EC Treaty)
 ---pagebreak---  ---pagebreak---                                               1
                               EXPLANATORY MEMORANDUM
  The initial proposal was adopted hy the Commission on 14 May 1993 and forwarded
 lo Council on 17 May I993 (l) .
The aim of.the proposal is to lay down minimum requirements for the protection of
workers from risk to their safety and health arising from the effects of chemical agents
that are present at the workplace or as a result of any work activity involving chemical
agents.
Further to the first reading at the European Parliament, the Commission forwarded an
amended proposal to the Council on 9 June 1994(2).
On account of significant divergences in delegations' positions, work on the amended
proposal was suspended in 1994 and only resumed on the basis of a compromise text
put forward by the Irish Presidency in October 1996.
On 7 October 1997 a common position'1' was adopted by the Council laying down
general principles covering all chemical agents. The common position reflected most
of (he principles proposed by the Commission and was therefore supported. In
particular the common position accepted the existence of two kinds of occupational
limit values (indicative and binding). It confirmed the Commission's proposal that in
conformity with Directive 89/391/EEC, the employer shall assess any risk to the
safety and health of workers, but additionally it defined the type of risk assessment to
be undertaken for the hazardous chemical agents at work. It also provided more details
relating lo health surveillance for workers exposed to hazardous chemical agents by
introducing in the text requirements mentioned in the Annex of the amended proposal.
On the other hand the common position did not include some technical requirements
which were included in the Annex of the Commission's amended proposal, e.g.
requirements in respect of measuring procedures, and in respect of specific protective
measures.
The European Parliament at its second reading proposed 12 amendments lo the
common position adopted by the Council.
         O J C 165,16.6.1993, p. 4
         O.IC 191, 14.7.1994, p.7
        O J C 3 7 5 , 10.12.1997, p. 1
 ---pagebreak---                                              tflL
   The Commission has agreed on 9 amendments (plus one part amendment), which it
  considers improve the text of the common position. The amendments draw particular
  attention to the training of and information to workers, to the need to make cross
  reference to particular Directives such as Directive 89/654/EEC 0 concerning the
  minimum safety and health requirements for the workplace, directive 89/656/EEC (,) on
  the minimum health and safety requirements for the use by workers of personal
  protective equipment at the workplace, Directive 92/85/EEC (6) on the introduction of
  measures to encourage improvements in the safety and health at work of pregnant
  workers and workers who have recently given birth or are breastfeeding and Directive
  94/33/1 ;MC{1) on (he protection of young people at work and to appropriate actions to
  be taken by the Commission for closer harmonization in the field of occupational
  exposure limits.
 The legal consistency under Article 8 the Commission has also inserted reference to
  Article 12 of Directive 89/39 l/EEC to align the text with the title of the Article.
 This re-examined proposal contains the amendments accepted by the Commission and
 is presented by the Commission under the terms of article 189 C(d) of the Treaty.
(4)
         OJ No L 393, 30.12.1989, p. 1
(5)
         OJ No L 393, 30.12.1989, p. 18
(6)
         OJ No L 348, 28.11.1992, p. 1
(7)
         OJ No L 216, 20.8.1994, p. 12
 ---pagebreak---                                                         It.
                                       Re-examined proposal for a
                                         COUNCIL DIRECTIVE
  on the protection of the health and safety of workers from the risks related to chemical agents
    at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive
                                                89/391/EEC)
                                        (Text with EEA relevance)
              PREVIOUS TEXT                                             AMENDED TEXT
THE COUNCIL OF THE EUROPEAN
 UNION,
Having regard to the Treaty establishing the
European Community, and in particular
Article 118a thereof,
Having regard to the proposal from the
Commission 0 ', drawn up after consultation
with the Advisory Committee on Safety,
Hygiene and Health Protection at Work,
Having regard to the Opinion of the
Economic and Social Committee (2) ,
Acting in accordance with the procedure
laid down in Article 189c of the Treaty (3) ,
(i)
        OJNoC 165, 16.6.1993, p. 4.
(2)
        OJNoC 34, 2.2.1994, p. 42.
(3)
        Opinion of the European Parliament of 20 April 1994 (OJ NoC 128, 9.5.1994, p. 167), Council
        common position or 7 October 1997 (O.J. C 375, 10.12.1997, p. 1) and Decision of the European
        Parliament of      (not yet published in the Official Journal).
 ---pagebreak---  (1) Whereas Article 118a of the Treaty
  provides that the Council shall adopt by
  means of Directives minimum requirements
 for encouraging improvements, especially
 in the working environment, to guarantee a
 better level of protection of the safety and
 health of workers;
 (2) Whereas, pursuant to that Article,
 such Directives shall avoid imposing
 administrative,     financial    and    legal
 constraints in a way which would hold back
 the creation and development of small and
 medium-sized undertakings;
 (3) Whereas        the     improvement     of
 workers' safety, hygiene and health at work
 is an objective which should not be
 subordinated      to     purely     economic
 considerations;
 (4) Whereas the respect of minimum
 requirements on the protection of the health
 and safety of workers from the risks related
 to chemical agents aims to ensure not only
 the protection of the health and safety of
 each individual worker but also to provide
 a level of minimum protection of all
 workers in the Community which avoids
 any possible distortion in the area of
 competition;
(5) Whereas a consistent level of
 protection from the risks related to
chemical agents has to be established for
the Community as a whole; whereas that
level of protection has to be set not by
detailed prescriptive requirements but by a
framework of general principles to enable
Member States to apply the minimum
requirements consistently;
(6) Whereas a work activity involving
chemical agents is likely to expose workers
to risk;
 ---pagebreak---  (7) Whereas             Council         Directive
 80/1107/EEC of 27 November 1980 on the
 protection of workers from the risks related
 to exposure to chemical, physical and
 biological agents at work (4) , Council
 Directive 82/605/EEC of 28 July 1982 on
 the protection of workers from the risks
 related to exposure to metallic lead and its
 ionic compounds at work (first individual
 Directive within the meaning of Article 8 of
 Directive 80/1107/EEC)(5)        and Council
 Directive 88/364/EEC of 9 June 1988 on
 the protection of workers by the banning of
 certain specific agents and/or certain work
 activities (fourth individual Directive within
 the meaning of Article 8 of Directive
 80/1107/EEC) (r,) ,     for   the      sake     of
 consistency and clarity as well as for
 technical reasons, should be revised and
 included in a single Directive laying down
 minimum requirements for the protection of
 the health and safety of workers in work
 activities    involving chemical          agents;
 whereas these Directives can be repealed;
 (8) Whereas this Directive is an
 individual Directive within the meaning of
 Article     16(1) of Council            Directive
 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage
 improvements in the safety and health of
workers at work<7) ;
(9) Whereas therefore the provisions of
the said Directive apply in full to the
exposure of workers to chemical agents,
without prejudice to more stringent and/or
specific provisions contained in this
Directive;
14)
         OJ No L 327, 3.12.1980, p. 8. Directive as last amended by DirecUve 88/642/EEC (OJ No L 356,
         24.12.1988, p. 74).
(5)
         OJ No L 247, 23.8.1982, p. 12.
(6)
         OJ No L 179, 9.7.1988, p. 44.
17)
         OJ No L 183, 29.6.1989, p. 1.
 ---pagebreak---  (10) Whereas more stringent and/or
 specific provisions relating to the transport
 of hazardous chemical agents are contained
 in binding international agreements and
 conventions incorporated into Community
  provisions on transport of dangerous goods
 by road, rail, water and air;
 (11) Whereas in Directive 67/548/EEC(8)
 and Directive 88/379/EEC(9) on the
 approximation of the laws, regulations and
 administrative provisions relating to the
 classification, packaging and labelling of,
 respectively, dangerous substances and
 preparations, the Council laid down a
 system of criteria for the classification of
 dangerous substances and preparations,
 (12) Whereas the definition of hazardous
 chemical agent should include any chemical
 substance which meets these criteria and
 also any chemical substance which whilst
 not meeting these criteria may because of
 its     physico-chemical,       chemical        or
 toxicological properties, and the way it is
 used or is present in the workplace, present
 a risk to the safety and health of workers;
 (13) Whereas in Directive 90/492/EEC (,(,)
the Commission defined and laid down a
 system      of specific      information       on
dangerous substances and preparations, in
the form of safety data sheets principally
intended for industrial users to enable them
to take the measures necessary to ensure
the protection of the safety and health of
workers; whereas Council                Directive
92/58/EEC of 24 June 1992 on the
minimum requirements for the provision of
safety and/or health signs at work (ninth
(8)
         OJ No 196, 16.8.1967, p. 1. Directive as last amended by Directive 96/56/EC (OJ No L 236,
          IH.9.1996, p. 35).
(3)
         OJ No L 187, 16.7.1988, p. 14. Directive as last amended by Commission Directive %/65^EC
         (OJ No L 265, 18.10.1996, p. 15).
(10)
         OJNoL275, 5.10.1990, p. 35.
 ---pagebreak---   individual Directive within the meaning of
  Article 16(1) of Directive 89/391/EEC) (,,)
 establishes a system for marking containers
  and pipes used for dangerous substances or
  preparations at work;
 (14) Whereas the employer should assess
 any risk to the safety and health of workers
 arising from the presence of hazardous
 chemical agents at the workplace, in order
 to take the necessary preventive and
 protective measures set out in this
 Directive;
 (15) Whereas the preventive measures
 identified by the assessment of risk and
 taken by the employer should be consistent
 with the need to protect public health and
 the environment;
 (16) Whereas,        to     supplement    the
 information available to workers so as to
ensure an improved level of protection, it is
 necessary     for     workers       and their
 representatives to be informed about the
 risks which chemical agents can pose for
their safety and health and about the
measures necessary to reduce or eliminate
those risks, and for them to be in a position
to check that the necessary protective
measures are taken;
(17) Whereas the health surveillance of
workers for whom the results of the
aforementioned assessment reveal a risk to
health, can contribute to the prevention and
protection measures to be undertaken by
the employer;
(18) Whereas the employer must on a
regular basis carry out evaluation and
measurements and be aware of new
developments in technology with a view to
improving the protection of workers' safety
and health;
1111
         OJ No L 245, 26.8.1992, p. 23.
 ---pagebreak---    (19) Whereas the latest scientific data
   should be evaluated by independent
   scientists to assist the Commission in
   setting occupational exposure limit values;
   (20) Whereas, although in some cases
   scientific knowledge may not be such that a
   level of exposure to a chemical agent can
  be established below which risks to health
  cease to exist, a reduction in exposure to
  these chemical agents will nonetheless
  reduce these risks;
  (21) Whereas in Directive 91/322/EEC (,2)
  and Directive 96/94/EC<l3) the Commission
  laid down indicative limit values as
  provided for by Directive 80/1107/EEC;
  whereas the former Directives should be
  maintained as part of the current
  framework ;
  (22) Whereas           necessary         technical
  adjustments to this Directive should be
  drawn up by the Commission in
  cooperation with the Committee set up by
  Directive 89/391/EEC          to     assist    the
  Commission          in     making        technical
 adaptations       to     individual     Directives
 adopted under the framework of that
  Directive; whereas the Commission, after
  first seeking the advice of the Advisory
 Committee on Safety, Hygiene and Health
  Protection at Work in accordance with
 Decision 74/325/EEC <N) , should also draw
 up practical guidelines for the application of
 this Directive;
(23) Whereas the repeal of Directive
80/1107/EEC must not give rise to the
lowering of the present standards of worker
protection from chemical, physical and
biological agents; whereas standards
resulting from the existing Directives on
,12)
           OJNoL 177, 5. 7.1991, p. 22
  13)
'          OJ No L 338, 28.12.1996, p. 86
(14)
           OJ No L 185, 9.7.1974, p. 15 Decision as last amended by the 1994 Act of Accession.
 ---pagebreak---  biological agents, the proposed Directive
 on physical agents, this Directive and any
 amendments to these texts should rellect
 and at least maintain the standards laid
 down in the said Directive;
 (24) Whereas this Directive is a practical
 contribution towards creating the social
 dimension of the internal market
 HAS ADOPTED TINS DIRECTIVE:
                 SECTION I
         GENERAL PROVISIONS
                   Article I
            Objective and scope
 I. This Directive, which is the fourteenth
individual Directive within the meaning of
Article 16( I) of Directive 89/391/EEC, lays
down minimum requirements for the
protection of workers from risks to their
safety and health arising, or likely to arise,
from the effects of chemical agents that are
present at the workplace or as a result of
any work activity involving chemical
agents.
2. The requirements of this Directive apply
where hazardous chemical agents are
present or may be present at the workplace,
without prejudice to the provisions for
chemical agents to which measures for
radiation protection apply pursuant to
Directives adopted under the Treaty
establishing the European Atomic Energy
Community.
 ---pagebreak--- 3 For carcinogens at work the provisions
of this Directive shall apply without
prejudice to more stringent and/or specific
provisions contained in Council Directive
90/394/EEC of 28 June 1990 on the
protection of workers from the risks related
to exposure to carcinogens (sixth individual
 Directive within the meaning of Article
 16(1) of Directive 89/39l/EEC) (,5) .
4. The provisions of Directive 89/391/EEC                 4 The provisions of Directive 89/391/EEC
 shall apply fully to the whole field referred            and subsequent individual directives, in
 to in this Article, without prejudice to more            particular      Directive       89/654/EEO"0
 stringent     and/or      specific      provisions       concerning the minimum safety and health
 contained in this Directive.                             requirements for the workplace. Directive
                                                          89/656/EEC(17> on the minimum health and
                                                          safety requirements for the use by workers
                                                          of personal protective equipment at the
                                                          workplace. Directive 92/85/EEC(18) on the
                                                          introduction of measures to encourage
                                                          improvements in the safety and health at
                                                          work of pregnant workers and workers
                                                          who have recently given birth or are
                                                          breastfeeding and Directive 94/33/EEC(>9)
                                                          on. the protection of young people at work.
                                                          shall apply fully to the whole field referred
                                                          to in this Article, without prejudice to more
                                                          stringent     and/or    specific    provisions
                                                          contained in this Directive.
5. As far as the transport of hazardous
chemical agents is concerned, the
provisions of this Directive shall apply
without prejudice to more stringent and/or
specific provisions contained in Directive
94/55/EC (20), in Directive 96/49/EC (21), in
(15)
         OJNoL 196, 26.7.1990, p. I.
         OJ No I. 393, 30.12.1989. p. I
(17)
         OJ No I-393, 30.12.1989, p. 18
(IX)
         OJ No L 348, 28.11.1992, p. I
         OJ No L 216, 20.8.1994, p. 12
(20)
         Council Directive 94/55/EC of 21 November 1994 on the approximation of ihc laws of the Member
         Stales with regard to the transport of dangerous goods by road
         (OJ No L 319, 12.12.1994, p. 7). Directive as amended by Commission Directive 96/86/EC (OJ No L
         335, 24.12.1996, p. 43).
 ---pagebreak---   the provisions of the IMDG Code,
  IBCCode and 1GC Code as defined in
  Article 2 of Directive 93/75/EEC (22), in the
  provisions of the European Agreement
  concerning the International Carriage of
  Dangerous Goods by Inland Waterway and
  of the Regulation for the Carriage of
  Dangerous Substances on the Rhine as
  incorporated in Community law and in the
  technical instructions for the safe transport
  of dangerous goods issued, at the date of
  entry into force of this Directive, by the
  International Civil Aviation Organization.
                      Article 2
                    Definitions
 For the purpose of this Directive, the terms
 used shall have the following meanings:
 (a) "Chemical agent" means any chemical
      element or compound, on its own or
      admixed, as it occurs in the natural
      state or as produced, used or released,
      including release as waste, by any work
      activity, whether or not produced
      intentionally and whether or not placed
      on the market;
(b) "Hazardous chemical agent" means:
      (i) any chemical agent which meets
           the criteria for classification as a
           dangerous substance according to
           the criteria in Annex VI to
           Directive 67/548/EEC, whether or
           not that substance is classified
           under that Directive, other than
(21)
         Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States
         with regard to the transport of dangerous goods by rail (OJ L No 235, 17.9.1996, p. 25). Directive as
         amended by Commission Directive 96/87/EC
         (OJ No L 335, 24.12 1996, p. 45).
         Council Directive 93/75/HEC of 13 September 1993 concerning minimum requirements for vessels
         bound for or leaving Community ports and carrying dangerous or polluting goods (OJ No L 247,
         5.10.1993, p. 19). Directive as last amended by Commission Directive 97/34/EC (OJ No L 158,
         17.6.1997, p. 40).
 ---pagebreak---            those substances which only meet
           the criteria for classification as
           dangerous for the environment;
     (ii) any chemical agent which meets
           the criteria for classification as a
           dangerous preparation within the
           meaning of Directive 88/379/EEC,
           whether or not that preparation is
           classified under that Directive,
           other than those preparations
           which only meet the criteria for
           classification as dangerous for the
           environment;
     (iii) any chemical agent which, whilst
           not meeting the criteria for
           classification as dangerous in
           accordance with (i) and (ii), may,
           because of its physico-chemical,
           chemical        or      toxicological
           properties and the way it is used or
           is present in the workplace,
           present a risk to the safety and
           health of workers, including any
           chemical      agent   assigned     an
           occupational exposure limit value
           under Article 3.
(c) "Activity involving chemical agents"
     means any work in which chemical
    agents arc used, or are intended to be
    used, in any process, including
    production,          handling,      storage,
    transport or disposal and treatment, or
    which result from such work;
(d) "Occupational exposure limit value"
    means, unless otherwise specified, the
    limit of the time-weighted average of
    the concentration of a chemical agent
    in the air within the breathing zone of a
    worker in relation to a specified
    reference period;
 ---pagebreak---                                                 11
 (e) "Biological limit value" means the limit
      of the concentration in the appropriate
      biological medium of the relevant
      agent, its metabolite, or an indicator of
      effect;
 (f) "Health      surveillance" means the
      assessment of an individual worker to
      determine the state of health of that
      individual, as related to exposure to
      specific chemical agents at work;
(g) "Hazard" means the intrinsic property
      of a chemical agent with the potential
      to cause harm;
(h) "Risk" means the likelihood that the
      potential for harm will be attained
      under the conditions of use and/or
      exposure.
                    Article 3
  Occupational exposure limit values and
             biological limit values
 1. The Commission shall evaluate the
relationship between the health effects of
hazardous chemical agents and the level of
occupational exposure by means of an
independent scientific assessment of the
latest available scientific data.
2. On the basis of the evaluation described
in paragraph 1, the Commission, after first
consulting the Advisory Committee on
Safety, Hygiene and Health Protection at
Work, shall propose European objectives in
the form of indicative occupational
exposure limit values for the protection of
workers from chemical risks, to be set at
Community level.
 ---pagebreak---                                                 12
  These limit values shall be established or       These limit values shall be established or
  revised, taking into account the availability   revised, taking into account the availability
  of measurement techniques, in accordance        of validated measurement techniques, in
  with the procedure laid down in Article 17      accordance with the procedure laid down in
  of Directive 89/391/EEC. Member States          Article 17 of Directive 89/391/EEC.
  shall keep workers' and employers'             Member States shall keep workers' and
  organizations informed of occupational         employers' organizations informed of
  exposure limit values set at Community         indicative occupational exposure limit
  level.                                         values set at Community level.
 3. For any chemical agent for which an
 indicative occupational exposure limit value
 is established at Community level, Member
 States     shall     establish   a   national
 occupational exposure limit value, taking
 into account the Community limit value,
 determining its nature in accordance with
 national legislation and practice.
 4. Binding occupational exposure limit
 values may be drawn up at Community
 level and, in addition to the factors
 considered when establishing indicative
 occupational exposure limit values, shall
 reflect feasibility factors while maintaining
the aim of ensuring the health of workers at
work. Such limit values shall be established
in accordance with Article 118a of the
Treaty and laid down in Annex I to this
Directive.
 5 For any chemical agent for which a
binding occupational exposure limit value is
established, Member States shall establish a
corresponding            national     binding
occupational exposure limit value based on,
but not exceeding, the Community limit
value.
6. Binding biological limit values may be
drawn up at Community level on the basis
of the evaluation described in paragraph 1
and of the availability of measurement
techniques, and shall reflect feasibility
factors while maintaining the aim of
ensuring the health of workers at work.
 ---pagebreak---                                                13
 Such limit values shall be established in
accordance with the procedure laid down in
Article 118a of the Treaty and laid down in
Annex II to this Directive, together with
other     relevant     health     surveillance
information.
7. For any chemical agent for which a
binding biological limit value is established,
Member       States    shall    establish    a
corresponding national binding biological
limit value based on, but not exceeding, the
Community limit value.
8. Where a Member State introduces or             8. Where a Member State introduces or, on
revises a national occupational exposure         the basis of new data, revises a national
limit value or a national biological limit       occupational exposure limit value or a
value for a chemical agent on the basis of       national biological limit value for a
new data, it shall inform the Commission         chemical agent, it shall inform the
and other Member States thereof together         Commission and other Member States
with the relevant scientific and technical       thereof together with the relevant scientific
data. The Commission shall undertake the         and technical data. The Commission shall
appropriate action.                              undertake the appropriate action.
                                                 8a. On the basis of the reports provided
                                                 by the Member States under Article 15 the
                                                 Commission shall carry out an assessment
                                                 of the way in which Member States have
                                                 taken account of Community indicative
                                                 lim i t_ values when establishing the
                                                 corresponding     national     occupational
                                                 exposure limit values. If this assessment
                                                 reveals wide differences in standards the
                                                 Commission shall undertake appropriate
                                                action with a view to closer harmonization
                                                in this area.
9. Standardized      methods       for     the
measurement and evaluation of workplace
air    concentrations     in   relation     to
occupational exposure limit values shall be
developed in accordance with Article 12(2).
 ---pagebreak---                                                14
                  SECTION II
       EMPLOYERS' OBLIGATIONS
                    A Hide 4
   Determination and assessment of risk of
           hazardous chemical agents
  I. En carrying out the obligations laid down
 in Articles 6(3) and 9(1) of Directive
 89/391/EEC, the employer shall first
 determine whether any hazardous chemical
 agents are present at the workplace. If so,
 he shall then assess any risk to the safety
 and health of workers arising from the
 presence of those chemical agents, taking
 into consideration the following:
 - their hazardous properties;
 - information on safety and health that
     shall be provided by the supplier, (e.g.
     the relevant      safety data sheet in
     accordance with the provisions of
     Directive         67/548/EEC           or
     Directive 88/379/EEC);
- the level, type and duration of exposure;
- the circumstances of work involving
     such agents, including their amount;
- any occupational exposure limit values
    or biological limit values established on
    the territory of the Member State in
    question;
- the effect of preventive measures taken
    or to be taken;
- where available, the conclusions to be
    drawn from any health surveillance
    already undertaken.
 ---pagebreak---                                                I.s
  The employer shall obtain additional
  information which is needed for the risk
  assessment from the supplier or from other
  readily    available sources.         Where
  appropriate, this information shall comprise
  the specific assessment concerning the risk
  to users established on the basis of
  Community legislation on chemical agents.
 2. The employer must be in possession of         2. The employer must be in possession of
 an assessment of the risk in accordance          an assessment of the risk in accordance
 with Article 9 of Directive 89/391/EEC,          with Article 9 of Directive 89/391/EEC,
 and shall identify which measures have been      and shall identify which measures have been
 taken in accordance with Articles 5 and 6        taken in accordance with Articles 5 and 6
 of this Directive. The risk assessment shall     of this Directive. The risk assessment shall
 be documented in a suitable form according       be recorded in a suitable form according to
 to national law and practice, and may            national law and practice, and may include
 include a justification by the employer that    a justification by the employer that the
 the nature and extent of the risks related to   nature and extent of the risks related to
 chemical agents make a further detailed risk    chemical agents make a further detailed risk
 assessment     unnecessary.       The risk      assessment unnecessary.           The risk
 assessment shall be kept up-to-date,            assessment shall be kept up-to-date,
 particularly if there have been significant     particularly if there have been significant
 changes which could render it out-of-date,      changes which could render it out-of-date,
 or when the results of health surveillance      or when the results of health surveillance
 show it to be necessary.                        show it to be necessary.
3. Certain activities within the undertaking
or establishment, such as maintenance, in
respect of which it is foreseeable that there
is a potential for significant exposure, or
which may result in deleterious effects to
safety and health for other reasons, even
after all technical measures have been
taken, shall be included in the risk
assessment.
4. In the case of activities involving
exposure to several hazardous chemical
agents, the risk shall be assessed on the
basis of the risk presented by all such
chemical agents in combination.
 ---pagebreak---                                                16
  5. In the case of a new activity involving
  hazardous chemical agents, work shall only
  commence after an assessment of the risk
  of that activity has been made and any
  preventive measures identified have been
  implemented.
 6. Practical guidelines for the determination
 and assessment of risk, and for their review
 and, if necessary, adjustment, shall be
 developed in accordance with Article 12(2).
                    Article 5
     General principles for prevention of
 risks associated with hazardous chemical
   agents and application of this Directive
       in relation to assessment of risks
  1. In carrying out his obligation to ensure
 the health and safety of workers in any
 activity involving hazardous chemical
 agents the employer shall take the
 necessary preventive measures set out in
 Article 6(1)             and (2)           of
 Directive 89/391/EEC and include the
 measures set out in this Directive.
2. Risks to the health and safety of workers
at work involving hazardous chemical
agents shall be eliminated or reduced to a
minimum by:
- the design and organization of systems
     of work at the workplace;
- the provision of suitable equipment for
    work with chemical agents and
    maintenance procedures which ensure
    the health and safety of workers at
    work;
 ---pagebreak---                                                17
  - reducing to a minimum the number of
      workers exposed or likely to be
      exposed;
  - reducing to a minimum the duration and
      intensity of exposure;
  - appropriate hygiene measures;
  - reducing the quantity of chemical agents
     present at the workplace to the minimum
     required for the type of work concerned;
     suitable working procedures including
     arrangements for the safe handling,
     storage and transport within the
     workplace of hazardous chemical agents
     and waste containing such chemical
     agents.
  Practical guidelines for preventive measures
 to control risk shall be developed in
 accordance with Article 12(2).
 3. Where the results of the assessment         3. Where the results of the assessment
 referred to in Article 4(1) reveal a risk to   referred to in Article 4(1) reveal a risk to
 the safety and health of workers, the          the safety and health of workers, the
 specific protection, prevention, monitoring    specific    protection,     prevention   and
 and information measures laid down in          monitoring measures laid down in
 Articles 6, 7, 8 and 10 shall be applied.      Articles 6, 7 and 10 shall be applied.
4. Where the results of the risk assessment
referred to in Article 4(1) show that,
because of the quantities of a hazardous
chemical agent present in the workplace,
there is only a slight risk to the safety and
health of workers, and the measures taken
in accordance with paragraphs 1 and 2 of
this Article are sufficient to reduce that
risk, the provisions of Articles 6, 7 and 10
shall not apply.
 ---pagebreak---                                                18
                     Article 6
     Specific protection and prevention
                    measures
  1. The employer shall ensure that the risk
 from a hazardous chemical agent to the
 safety and health of workers at work is
 eliminated or reduced to a minimum.
 2. In applying paragraph 1, substitution
 shall by preference be undertaken, whereby
 the employer shall avoid the use of a
 hazardous chemical agent by replacing it
 with a chemical agent or process which,
 under its condition of use, is not hazardous
 or is less hazardous to workers' safety and
 health, as the case may be
 Where the nature of the activity does not
 permit risk to be eliminated by substitution,
 having regard to the activity and risk
 assessment referred to in Article 4, the
 employer shall ensure that the risk is
 reduced to a minimum by application of
protection and prevention measures,
consistent with the assessment of the risk
made pursuant to Article 4. These will
include, in order of priority:
(a) design of appropriate work processes
      and engineering controls and use of
      adequate equipment and materials, so
      as to avoid or minimize the release of
      hazardous chemical agents which may
      present a risk to workers' safety and
      health at the place of work;
(b) application of collective protection
     measures at the source of the risk, such
     as adequate ventilation and appropriate
     organizational measures;
 ---pagebreak---  (c) where exposure cannot be prevented
      by other means, application of
      individual     protection      measures
      including       personal      protective
      equipment.
 Practical guidelines for protection and
 prevention measures to control risk shall be
 developed in accordance with Article 12(2).
 3. The measures referred to in paragraph 2
 of this Article shall be accompanied by
 health surveillance in accordance with
Article 10 if it is appropriate to the nature
of the risk.
4. Unless        the     employer      clearly
demonstrates by other means of evaluation
that, in accordance with paragraph 2,
adequate prevention and protection have
been achieved, the employer shall carry out
on a regular basis, and when any change
occurs in the conditions which may affect
workers' exposure to chemical agents, such
measurements of chemical agents which
may present a risk to workers' health at the
workplace as are necessary, in particular in
relation to the occupational exposure limit
values.
5. The employer shall take into account the
results of the procedures referred to in
paragraph 4 of this Article in carrying out
the obligations laid down in or resulting as
a consequence of Article 4.
In any event, where an occupational
exposure limit value ellectively established
on the territory of a Member State has been
exceeded, the employer shall immediately
take steps, taking into account the nature of
that limit, to remedy the situation by
carrying out preventive and protective
measures.
 ---pagebreak---                                                 20
6. On the basis of the overall assessment of      6. On the basis of the overall assessment of
and general principles for the prevention of       and general principles for the prevention of
 risks in Articles 4 and 5, the employer shall     risks in Articles 4 and 5, the employer shall
 take     technical    and/or    organizational    take     technical   and/or     organizational
 measures appropriate to the nature of the         measures appropriate to the nature of the
 operation, including storage and handling,        operation, including storage, handling and
 providing protection of workers against           segregation of incompatible chemical
 hazards arising from the physico-chemical         agents, providing protection of workers
 properties of chemical agents. In particular      against hazards arising from the physico-
 he shall take measures, in order of priority,     chemical properties of chemical agents. In
 to                                                particular he shall take measures, in order
                                                   of priority, to:
 (a) prevent the presence at the workplace
      of     hazardous     concentrations    of
      inflammable substances or hazardous
      quantities of chemically unstable
      substances or, where the nature of the
      work does not allow that,
 (b) avoid the presence of ignition sources
      which could give rise to fires and
      explosions, or adverse conditions
      which could cause chemically unstable
      substances or mixtures of substances to
      give rise to harmful physical effects,
      and
(c) mitigate the detrimental effects to the
      health and safety of workers in the
      event of fire or explosion due to the
      ignition of inflammable substances, or
      harmful physical effects arising from
      chemically unstable substances or
      mixtures of substances.
Work equipment and protective systems
provided by the employer for the protection
of workers shall comply with the relevant
Community         provisions    on     design,
manufacture and supply with respect to
health and safety.          Technical and/or
organizational measures taken by the
employer shall take account of and be
consistent with the equipment group
 ---pagebreak---                                                       21
 categorization in Annex I to Directive
 94/9/EC of the European Parliament and of
 the Council of 23 March 1994 on the
 approximation of the laws of the Member
 States concerning equipment and protective
 systems intended for use in potentially
 explosive atmospheres (23).
 The employer shall take measures to
 provide sufficient          control of plant,
 equipment and machinery or provision of
 explosion      suppression         equipment      or
 explosion pressure relief arrangements.
                      Article 7
   Arrangements to deal with accidents,
          incidents and emergencies
 I. Without prejudice to the obligations laid
down in Article 8 of Directive 89/391/EEC,
the employer shall, in order to protect the
safety and health of workers from an
accident, incident or emergency related to
the presence of hazardous chemical agents
at the workplace, establish procedures
(action plans) which can be put into effect
when any such event occurs, so that
appropriate action is taken.                   These
arrangements shall include any relevant
safety drills which are to be performed at
regular intervals, and the provision of
appropriate first aid facilities.
2. In the case of the occurrence of an event
such as is mentioned in paragraph 1, the
employer shall immediately take steps to
mitigate the effects of the event and to
inform the workers concerned thereof.
In order to restore the situation to normal:
- the        employer          shall       implement
    appropriate measures to remedy the
    situation as soon as possible;
          )i No !, 100, 19.4. i 994, p. 1.
 ---pagebreak---                                                 22
     only those workers who are essential to
     the carrying out of repairs and other
     necessary work shall be permitted to
     work in the affected area.
 3. The workers who are permitted to work
 in the affected area shall be provided with
 appropriate protective clothing, personal
 protective equipment, specialized safety
 equipment and plant which they must use as
 long as the situation persists; that situation
 shall not be permanent.
 Unprotected persons shall not be permitted
 to remain in the aflectcd area
 4. Without prejudice to Article 8 of
 Directive 89/391/EEC the employer shall
 take the measures necessary to provide the
 warning and other communication systems
 required to signal an increased risk to safety
 and health, to enable an appropriate
 response and to launch remedial actions,
assistance, escape and rescue operations
immediately if the need arises.
5. The employer shall ensure that
information on emergency arrangements
involving hazardous chemical agents is
available.      The relevant internal and
external accident and emergency services
shall have access to this information. It
shall include the following:
-   advance notice of relevant work hazards,
    hazard     identification    arrangements,
    precautions and procedures, so that the
    emergency services can prepare their
    own      response       procedures     and
    precautionary measures; and
 ---pagebreak---                                             23
   any available information concerning
   specific hazards arising, or likely to
   arise, al the time of an accident or
   emergency, including information on
   procedures prepared pursuant to this
   Article.
                  Article 8
         Information for workers                 Information and training for workers
3. Without prejudice to Article 30 of          3. Without prejudice to Articles 10 and 12
Directive 89/391/EEC the employer shall       of Directive 89/391/EEC the employer
ensure thai workers and/or their              shall ensure that workers and/or their
representatives are provided with:            representatives are provided with:
- the data obtained pursuant to Article 4
   of this Directive, and further informed
   whenever a major alteration at the
   workplace leads to a change in these
   data;
   information on hazardous chemical              information on the hazardous chemical
   agents, such as the identity of such           agents in the workplace and hazardous
   agents, the risks to safety and health,        chemical agents identified in the risk
   relevant occupational exposure limit           assessment made pursuant to Article
   values and other legislative provisions;       4( 1 ) such as the identity of these agents,
                                                  the risks to safety and health, relevant
                                                  occupational exposure limit values and
                                                  other legislative provisions;
- information on appropriate precautions          training and information on appropriate
   and actions to be taken in order to            precautions and actions to be taken in
   safeguard themselves and other workers         order to safeguard themselves and other
   at the workplace;                              workers at the workplace;
   access to any safely dala sheet provided
   by the supplier in accordance with
   Article 10 of Directive 88/379/EEC and
   Article 27 of Directive 92/32/EEC "',);
 And that the information is:
         OJNoI, 154, 5.6.1992, p. 1.
 ---pagebreak---                                              24
    provided in a manner appropriate to the
    outcome of the risk assessment pursuant
    to Article 4 of this Directive. This may
    vary from oral communication to
    individual instruction and training
    supported by information in writing,
    depending on the nature and degree of
    the risk revealed by the assessment
    required by the said Article;
-   updated to take account of changing
    circumstances.
2. Where containers and pipes for
hazardous chemical agents used at work are
not marked in accordance with the relevant
Community legislation on the labelling of
chemical agents and on safety signs at the
workplace, the employer shall, without
prejudice to the derogations provided for in
the above mentioned legislation, ensure that
the contents of the containers and pipes,
together with the nature of those contents
and any associated hazards, are clearly
identifiable.
3. Member States may take measures
necessary to ensure that employers may,
preferably from the producer or supplier,
obtain on request all information on
hazardous chemical agents needed to apply
Article 4(1) of this Directive, insofar as
Directives 67/548/EEC and 88/379/EEC do
not include any obligation to provide
information.
 ---pagebreak---                                               2.S
                  SECTION m
    M I S C E L L A N E O U S PROVISIONS
                     Article 9
                   Prohibitions
 1. To prevent the exposure of workers to
health risks from certain chemical agents
and/or certain activities involving chemical
agents, the production, manufacture or use
at work of the chemical agents and the
activities set out in Annex III shall be
prohibited to the extent specified therein.
2. Member States may permit derogations
from the requirements of paragraph 1 in the
following circumstances:
-   for the sole purpose of scientific
    research and testing, including analysis;
-   for activities intended to eliminate
    chemical agents that are present in the
    form of by-products or waste products;
    for the production of the chemical
    agents referred to in paragraph 1 for use
    as intermediates, and for such use.
The exposure of workers to chemical
agents referred to in paragraph 1 must be
prevented, in particular by providing that
the production and earliest possible use of
such chemical agents as intermediates must
take place in a single closed system, from
which the aforesaid chemical agents may be
removed only to the extent necessary to
monitor the process or service the system.
Member States may provide for systems of
individual authorizations.
 ---pagebreak---                                                26
 3. When derogations         are     permitted
 pursuant to paragraph 2, the competent
 authority shall request the employer to
 submit the following information:
 - the reason for requesting the derogation;
 - the quantity of the chemical agent to be
    used annually;
    the activities and/or      reactions    or
    processes involved;
- the number of workers liable to be
    involved;
-   the precautions envisaged to protect the
    safety and health of workers concerned;
- the      technical    and    organizational
    measures taken to prevent the exposure
    of workers.
4. The Council, in accordance with the
procedure laid down in Article 118a of the
Treaty, may amend the list of prohibitions
under paragraph I of this Article, to include
further chemical agents or activities.
 ---pagebreak---                                                27
                  A Hide 10
              Health Surveillance
 I. Without prejudice to Article 14 of
Directive 89/391 /EEC, Member States shall
introduce arrangements for carrying out
appropriate health surveillance of workers
for whom the results of the assessment
referred to in Article 4 of this Directive
reveal a risk to health.                 These
arrangements, including the requirements
specified for health and exposure records
and their availability, shall be introduced in
accordance with national laws and/or
practice
Health surveillance, the results of which
shall be taken into account in applying
preventive measures in the specific
workplace, shall be appropriate where:
- the exposure of the worker to a
    hazardous chemical agent is such that an
    identifiable disease or adverse health
    effect may be related to the exposure;
    and
- there is a likelihood that the disease or
    effect may occur under the particular
    conditions of the worker's work, and
    the technique of investigation is of low
    risk to workers.
                                                 Health surveillance procedures shall be
                                                 agreed with the worker concerned.
Furthermore, there shall be valid techniques
for detecting indications of the disease or
effect.
 ---pagebreak---                                                 28
  Where a binding biological limit value has
  been set as indicated in Annex II, health
  surveillance shall be a compulsory
  requirement for work with the hazardous
  chemical agent in question, in accordance
  with the procedures in that Annex.
  Workers shall be informed of this
  requirement before being assigned to the
  task involving risk of exposure to the
  hazardous chemical agent indicated.
  2. Member       States     shall    establish
  arrangements to ensure that for each
  worker who undergoes health surveillance
  in accordance with the requirements of
  paragraph I, individual health and exposure
 records are made and kept up-to-date.
 3. Health and exposure records shall
 contain a summary of the results of health
 surveillance carried out and of any
 monitoring data representative of the
 exposure of the individual.        Biological
 monitoring and related requirements may
 form part of health surveillance.
 Health and exposure records shall be kept
 in a suitable form so as to permit
 consultation at a later date, taking into
account any confidentiality.
Copies of the appropriate records shall be
supplied to the competent authority on
request. The individual worker shall, at his
request, have access to the health and
exposure records relating to him personally.
Where an undertaking ceases to trade, the
health and exposure records shall be made
available to the competent authority.
4. Where, as a result of health surveillance.
 ---pagebreak---                                               29
    a worker is found to have an identifiable
    disease or adverse health effect which is
    considered by a doctor or occupational
    health-care professional to be the result
    of exposure at work to a hazardous
    chemical agent; or
    a binding biological limit value is found
    to have been exceeded,
the worker shall be informed of the result      the worker shall be informed by the doctor
which relates to him personally, including      or other suitably qualified person of the
information and advice regarding any health     result which relates to him personally,
surveillance which he should undergo            including information and advice regarding
following the end of the exposure, and          any health surveillance which he should
                                                undergo following the end of the exposure,
                                                and
the employer shall:
- review the risk assessment            made
   pursuant to Article 4( I );
   review the measures provided to
   eliminate or reduce risks pursuant to
   Articles 5 and 6;
   take into account the advice of the
   occupational health-care professional or
   other suitably qualified person or the
   competent authority in implementing any
   measures required to eliminate or reduce
   risk in accordance with Article 6,
   including the possibility of assigning the
   worker to alternative work where there
   is no risk of further exposure, and
 ---pagebreak---                                                30
     arrange continued health surveillance
     and provide for a review of the health
     status of any other worker who has been
     similarly exposed. In such cases the
     competent doctor or occupational
     health-care     professional    or    the
     competent authority may propose that
     exposed persons undergo a medical
     examination
                   Article 11
      Consultation and participation of
                    workers
Consultation and participation of workers        Consultation and participation of workers
and/or their representatives shall take place    and/or their representatives shall take place
 in accordance with Article 11 of Directive      in accordance with Article 11 of Directive
 89/391/EEC on the matters covered by this       89/39l/EEC on the matters covered by this
 Directive, including the Annexes hereto.        Directive, including the Annexes hereto.
                                                 Workcrs and/or their representatives shall
                                                 in particular_bje_consulted in relation to the
                                                 outcome of the risk assessment..referred to
                                                 in Article 4(1) and the protection and
                                                 prevention measures referred to in Articles
                                                 5 and 6.
                   Article 12
  Adaptation of the Annexes, preparation
     and adoption of technical guidance
 I. Adjustments of a strictly technical nature
to the Annexes in line with:
    the adoption of Directives in the field of
    technical        harmonization        and
    standardisation concerning chemical
    agents, and/or
    technical     progress,     changes     in
    international standards or specifications
    and new findings concerning chemical
    agents,
 ---pagebreak---                                                       31
 shall be adopted in accordance with the
 procedure laid down in Article 17 of
 Directive 89/391/EEC.
 2. The Commission shall draw up practical
 guidelines of a non-binding nature. These
 guidelines shall address the topics referred
 to in Articles 3, 4, 5 and 6, and Annex II,
 section I.
 The Commission shall first consult the
 Advisory Committee on Safely, Hygiene
 and Health Protection at Work in
 accordance with Decision 74/325/EEC.
 In the context of the application of this
 Directive, Member States shall take
account as far as possible of these
guidelines in drawing up their national
policies for the protection of the health and
safety of workers.
                   Article 13
     Repeal and amendment of earlier
                   Directives
 1. Directives 80/1107/EEC, 82/605/EEC
and 88/364/EEC shall be repealed on the
date referred to in Article 14(1).
2. Council Directive 83/477/EEC of 19
September 1983 on the protection of
workers from the risks related to exposure
to asbestos at work (second individual
Directive within the meaning of Article X
of Directive SO/I 107/EEC) ('S), is amended
as follows:
        OJ No L 263, 24.9.1983, p. 25. Directive as amended by Directive 91/382/EEC (OJ No I, 206,
        29.7.1991, p. 16).
 ---pagebreak---                                                  32
  (a) in the first sentence of Article 1(1), the
       following words shall be deleted:
       "which is the second individual
       Directive within the meaning of
       Article X of Directive 80/1 107/EEC";
  (b) Article 9(2) shall be replaced by the
       following:
       "2.      The amendments necessary to
      adapt the Annexes to this Directive to
      technical progress shall be adopted in
       accordance with the procedure laid
      down in Article 17 of Council
       Directive 89/391/EEC of 12 June 1989
      on the introduction of measures to
      encourage improvements in the safety
      and health of workers at the
      workplace.
  (c) in the second subparagraph of
       Article 15(1) the words "in accordance
      with the procedure set out in Article 10
      of Directive 80/1 107/EEC" shall be
      replaced by "in accordance with the
      procedure laid down in Article 17 of
       Directive 89/39l/EEC".
 3. Council Directive 86/188/EEC of
  12 May 1986 on the protection of workers
  from the risks related to exposure to noise
 at work (2f,) is amended as follows:
 (a) in Article 1(1), the following words
      shall be deleted: "which is the third
      individual      Directive within      the
      meaning of Directive 80/1107/EEC";
 (b) in        Article 12(2),   the     second
      subparagraph shall be replaced by the
      following:
(26)
         OJNoL 137, 24.5.1986, p. 28.
 ---pagebreak---                                                           33
      "Annexes I and II shall be adapted to
      technical progress in accordance with
      the procedure laid down in Article 17
      of Council Directive 89/391/EEC of 12
      June 1989 on the introduction of
      measures to encourage improvements
      in the safety and health of workers at
      the workplace.
 4. Any other reference in Directive
 83/477/EEC and Directive 86/188/EEC to
 Directive 80/1107/EEC shall be obsolete
 from the date of repeal of the said
 Directive
 5. Directives 91/322/EEC and 96/94/EC
 remain in force.
                 SECTION IV
                Final provisions
                    Article 14
 1. Member States shall bring into force the
laws,     regulations       and      administrative
provisions necessary to comply with this
Directive not later than [               ] ( '. They
shall forthwith inform the Commission
thereof.
When Member States adopt                        these
measures, they shall contain a reference to
this Directive or shall be accompanied by
such reference on the occasion of their
official publication.        The methods for
making such reference shall be laid down by
Member States.
2. Member States shall communicate to the
Commission the texts of the provisions of
national law which they have already
adopted or which they adopt in the field
governed by this Directive.
        Three years aller publication of this Directive in the Official Journal of the European Communities.
 ---pagebreak---                                              34
                 Article 15
Member States shall report to the
Commission every five years on the
practical implementation of this Directive,
indicating the views of employers and
workers.
The Commission shall inform the European
Parliament, the Council and the Economic
and Social Committee thereof.
                 Article 16
This Directive shall enter into force on the
twentieth day following that of its
publication in the Official Journal of the
European Communities.
                 Article 17
This Directive is addressed to the Member
States.
Done a I
  For the Council
  The President
 ---pagebreak---                                                                  35
                                                        ANNEX 1
              List of binding occupational exposure limit values
   Name ol"       KINKCS        CAS       ()ccu pat i ona 1 exposu re    Occupational
                   (')No       ( 2 ) No      limit value 8 h (')      exposure limit value
     agent
                                                                         Short-term f/)
                                         mg/m'                pom     mg/m*          ppm
                                                              O
 Inorganic                               0,15
lead and its
compounds
(') EÎNECS: European Inventory of Existing Commercial Chemical Substances
(2) CAS: Chemical Abstracts Service
C) Measured or calculated in relation to a reference period of 8 hours,
      limc-wcightcd average
C1) A limit value above which exposure should not occur, and which is related to
     a 15 minute period uniess otherwise specified
C) jiig/ni"* = milligrams per cubic metre of air at 20° C and 101,3 KPa
(6) ppm = parts per million by volume in air (ml/m3)
 ---pagebreak---                                                    36
                          ANNEX H
    Binding biological limit values and health surveillance
                             measures
 I.      Lead and its ionic compounds
1.1.     Biological monitoring must include measuring the
         blood-lead    level (PbB) using absorption
         spectrometry or a method giving equivalent
         results. The binding biological limit value is:
               70ugPb/100mlblood
1.2.    Medical surveillance is carried out if:
               exposure to a concentration of lead in air is
              greater than 0,075 mg/m3, calculated as a
              time-weighted average over 40 hours per
              week, or
              a     blood-lead     level     greater     than
              40 pg Pb/100 ml blood        is measured in
              individual workers.
1.3.    Practical guidelines for biological monitoring and
        medical surveillance must be developed in
        accordance with Article 12(2).          These must
        include recommendations of biological indicators
        (e.g. ALAU, ZPP, ALAD) and biological
        monitoring strategies.
 ---pagebreak---                                                            37
                             ANNEX 111
                              Prohibitions
 The production, manufacture or use at work of the
 chemical agents and activities involving chemical agents
 set out below are prohibited. The prohibition does not
 apply if the chemical agent is present in another chemical
 agent, or as a constituent of waste, provided that its
 individual concentration therein is less than the limit
 specified.
 (a) Chemical Agents
 EINECS (') No       CAS (2) No       Name of agent    Concentration
                                                       Limit for
                                                       exemption
  202-080-4         91-59-8           2-naphthylaminc   0,l%w/w
                                      and its salts
  201-177-1         92-67-1          4- aminodiphenyl   0.1%w/w
                                     and its salts
                                     Benzidine and its
  202-199-1         92-87-5                             0,l%w/w
                                     salts
202-204-7          92-93-3           4-nitrodiphenyl   0.1%w/w
(') EINECS: European Inventory of Existing Commercial Chemical
     Substances
(2)        CAS: Chemical Abstracts Service
(b) Work Activities
    None.
 ---pagebreak---                                            28
The Commission is unable to accept the following amendments proposed bv the
European Parliament
1. part of Amendment N° 5 (concerning Article 4.2)
   This part of the amendment requires employers to record the risk assessment in a
   suitable form taking into account national law and practice. This would certainly
   weaken the common position which requires the records to be made according to
   national law and practice, that is with full respect of the national law.
2. Amendment N° 8 (concerning Article 6.5)
   The amendment requires the employers always to adhere to the occupational
   exposure limit value, irrespective of the nature of the national provision. The
   Commission considers that this amendment would undermine the distinction
   between indicative and binding limit value.
3. Amendment N° 14 (concerning Article 12, 1, second indent)
   This amendment requires deletion of "new findings" among situations requiring
   technical adjustments of Annexes. The Commission believes that "new findings"
   are indeed one of the main reasons behind a need for technical changes. The
   procedure presented in the common position gives the Community the possibility
   to react rapidly with technical solutions to "new findings"; the use of this
   procedure is limited to strictly technical adjustments.
 ---pagebreak---  ---pagebreak---                                            3.1
                                                                  ISSN 0254-1475
                                                           COM(98) 162 final
                                             DOCUMENTS
EN                                                                04 05 15
                                    Catalogue number : CB-C0-98-161-EN-C
                                                             ISBN 92-78-32043-9
Office for Official Publications of the European Communities
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