CELEX: 51991PC0539
Language: en
Date: 1991-12-19
Title: Amended proposal for a COUNCIL DIRECTIVE on minimum requirements to improve the mobility and the safe transport to work of workers with reduced mobility

COMMISSION OF THE EUROPEAN COMMUNITIES
                                  COM(91) 539 final - SYN 327
                                  Brussels,19 December 1991
                     Amended proposal for a
                        COUNCIL DIRECTIVE
  on minimum requirements to improve the mobility and the safe
       transport to work of workers with reduced mobility
     (presented by the Commission pursuant to Article 149(3)
                        of the EEC Treaty)
 ---pagebreak---                           EXPLANATORY MEMORANDUM
                          Amended proposal for a
                             COUNCIL DIRECTIVE
       on minimum requirements to improve the mobility and the safe
            transport to work of workers with reduced mobility
Subsequent to the European Parliament's opinion on first reading on
20.11.1991, the Commission is presenting to the Council, under
Article 149(3) of the EEC Treaty, an amended proposal for a directive
The proposed amendments are of four main types:
    One group of amendments is intended to bring certain definitions or
    expressions into line with similar provisions already contained in
    other texts, more particularly the proposal for a Decision concerning
    the HELIOS II programme.
    A number of provisions have had certain additions made
    One set of amendments makes the point that certain measures provided
    for in the Directive are to be free of charge.
    Finally, there is one amendment which gives a shorter deadline for
    one of the dates of entry into force.
The Commission's amended proposal thus retains the same overall structure
and the same objectives, but simply develops and clarifies certain of the
provisions.
 ---pagebreak---                                                                                                25 November 1991
                 Initial Connmittion                              Amended propotal purtuant
                       propotal                                     to Article 149/3 EEC
Propotal for a Council Directive on minimum            (The original text remaint unchanged unlett there it an
requirement* to improve the mobility and the tafe      entry in thit column.)
trantport to work of workers with reduced mobility
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
Having regard to the Treaty ettablIthing the European
Economic Community, and in particular Article 118a
thereof,
Having regard to the propotal from the
Commissi onv'/, drawn up after consulting the
Advitory Committee on Safety, Hygiene and Health
Protection at Work,
In cooperation with the European Parliament (2)
Having regard to.the opinion of the Economic and
Social Committee^ 3 ',
Whereat Article 118a of the EEC Treaty providet that
the Council thai I adopt, by meant of direct!vet,
minimum requirements to encourage improvement!,
especially in the working environment, as regards the
health and tafety of workers;
Whereas, pursuant to the above Article, such
Directives must avoid imposing administrative,
 financial and legal constraints in a way which would
hold back the creation and development of small and
medium-sized undertakings;
Whereas, under the terms of point 26 of Title I of
 the Community Charter of the Fundamental Social
Rights of Workers, all disabled persons, whatever the
origin and nature of their disablement, must be
entitled to additional concrete measures aimed at
 improving their social and professional integration;
whereas these measure! mutt concern, in particular,
according to the capacitiet of the beneficiarlet,
accessibility, mobility and means of transport;
Whereas it is appropriate to supplement existing or
 future Community legislation on the safety and health
of workers with reduced mobility at the workplace, by
provisions that will assist them in gaining access to
employment and thus reduce the hazards specifically
affecting them during travel to work;
Whereas it is clear that modes of transport which do
not take account of the needs of workert with reduced
mobility give rite to hazardt to the health and
 tafety of thete pertont;
                                                                                                        Page 2
TTroT
 (21 OJ
 ---pagebreak---                  Initial Commission                              Amended propotal purtuant
                      propotal                                     to Article 149/3 EEC
Whereat it mutt be pottible for workert with reduced
mobility to ute trantport to travel to and from work
without running any more rltkt than other workert;
whereat the tafety and health in the working
environment of workert with reduced mobility mutt be
attured by adopting the requitite meaturet to enable
them to travel tafely to and from work;
Whereat the meaturet to improve mobility and          Whereat the meaturet to improve mobility and trantport
trantport concern workert with reduced mobility,      concern workert with reduced mobility, regardlett of
regardlett of whether their handicap it of a phytical whether their handicap It of a phytical (Including
• including tentory - or mental origin;               tentory) or mental (including ptychicol) origin;
Whereat the choice thould be left to the Member
Statet at regarde, on the one hand, the optIont of
giving workert with reduced mobility accett to public
trantport, trantport organized by the employer or
tpecial trantport tervicet for the ditabled, and on
the other hand, creating incentivet to attltt
trantport of the ditabled on condition that tuch
meaturet have an equivalent effect;
Whereat it it therefore appropriate to lay down
minimum requirements to enture that workert with
 reduced mobility can avail themselves of tufficient
meant of transport adapted to their special needs;
whereas such needs include access to transport, the
accessibility of the means of trantport, the
facilitiet enabling workert with reduced mobility to
travel tafely, and the tignt identifying tuch meant
of trantport;
Whereat to take into account the cott of converting
meant of trantport to make them accettible to workert
with reduced mobiIity, it it appropriate to provide
for alternative measures which, while guaranteeing
safe travel, offer the necessary flexibility for
finding solutions adapted to the particular
ci rcumstances;
Whereas, where the employer provides the transport to
work for his workers, he must be obliged to bear in
mind the specific needs of those of his workert,
apprenticet and traineet with reduced mobility;
Whereat in a large majority of Member Statet there
are special transport services intended for disabled
persons, laid on by public and private bodies;
whereas for reosons of economic cost and in keeping
with the Commission's overall and consistent policy
of economic and social integration of the disabled,
priority must be given to the most severely disabled
for the use of such special transport services;
Whereas special attention needs to be given to the
problem of training and informing workers with
reduced mobility to enable them to make optimum use
of the means of transport at their disposal; whereas,
 in this respect, appropriate training should be
provided for the staff of public transport available
to workers with reduced mobility to help reduce or
eliminate the risk inherent in travel for such
persons;
                                                                                                       Pa
                                                                                                          9*3
 ---pagebreak---                  Initial Commission                               Amended propotal purtuont
                      propotal                                      to Article 149/3 EEC
Whereot providing meant of trantport adapted to the
needt of workert with reduced mobility thould not
engender any additional financial burden for
trantport for tuch workert; whereat thit thould
 likewite apply to workert with reduced mobility who,
becaute of their handicap, need to be accompanied by
another perton or a guide dog if they are to make ute
of public trantport;
Whereot thit Directive maket a contribution to the     Whereat thit Directive maket a contribution to the
 implementation of the aimt tet out in the European    implementation of the aimt tet out in the European
Parliament retolution of 16 September 1987 °n the      Parliament retolution of 16 September 1987 on the
 trantport of handicapped and elderly persons^ 4 ',    trantport of handicapped and elderly pertont' 4 ', which
which stressed the importance of mobility as being     ttretted the importance of mobility at being ettentioi
essential in finding and retaining a suitable job;     in finding and retaining a tuitable job, and which
                                                       recommended In particular the technical convertion of
                                                       meant of transport so at to facilitate accett;
Whereas it would be advisable, in order to meet the
 specific requirements of workers with reduced
mobility, for schemes receiving financial assistance
 from the Structural Funds to take occount of the aimt
of thit Di rective;
                                                                                                         ,_., „ ,, , „_.„.J
                                                                                                           Page L
 ---pagebreak---                  Initial Commission                               Amended propotal purtuant
                        proposal                                     to Article 149/3 EEC
HAS ADOPTED THIS DIRECTIVE:
                         Article 1
The purpote of thit Directive it to facilitate the     The purpote of thit Directive it to facilitate the tafe
tafe travel of workert with reduced mobility in order  travel of workert with reduced mobility to and from
to attitt them in gaining accett to employment.        their place of work.
                         Article 2
For the purpotet of thit Directive,
a)   "worker with reduced mobility" tha11 mean any     o) "worker with reduced mobiIIty" thai I mean any worker
     worker who has special difficulty In using public    who hat tpecial difficulty in utlng public trantport
     trantport owing to a ter tout handicap of a          for hit occupational acttvitiet owing to a teriout
     phytical or mental origin.                           handicap of o phytical or mental origin.
b)   "meant of trantport" thai I mean
     - public trantport,
     - trantport provided by the employer,
     - tpecial trantport tervicet for the ditabled.
                         Article 3
In order to fulfil the aimt tet out in Article 1, the
Member Statet thali take
a)   the requitite meaturet to enture that meant of
     transport are provided and are accessible,
     allowing for the interchangeabiIity of means of
     transport, or
b)   all measures to facilitate the transport of
     workers with reduced mobility, on condition that
     these hove an effect equivalent to the measures
     mentioned in a ) .
The means of transport provided for workers with
reduced mobility must meet the minimum requirements
 laid down in the Annex.
                         Article 4
The Member States shall take measures to promote
a)   training schemes to help workers with reduced     a) training tchemet free of charge to help workert with
     mobility travel in safety;                           reduced mobiIity travel in tafety;
b)   the requisite training for the staff of public    b) the requitite training for the ttaff of trantport
     transport companies to help workers with reduced     componiet to help workert with reduced mobility ute
     mobility use the transport provided for them;        the trantport provided for them;
c)   information and advice for workert with reduced   c) information and advice for the public in retpect of
     mobiIity.                                            the needt of workert with reduced mobility, and free
                                                          of charge for tuch workert.
                         Article 5
When workert with reduced mobility cannot travel
without the help of an accompanying perton or tome
other form of assistance, the Member States shall
take meosures to ensure that such assistance does not
give rise to additional transport costs for the
workers in question.
                                                                                                        Poge£
 ---pagebreak---                  Initial Commission                               Amended proposal purtuant
                      proposal                                      to Article 149/3 EEC
                       Article 6
The Commission shall draw up every two yeart a report
on the implementation by the Member Statet of
meaturet covered by Articlet 3, 4 and 5 and thai I
transmit thit to the European Parliament, Council and
Economic and Social Committee.
                       Article 7
Thit Directive thai I not prejudice any exitting or
future national or Community provisions which of
more favourable to the tafe travel of workert with
reduced mobiIity.
                       Article 8
1.   The Member Statet thai I bring into force the
     lowt, regulationt and administrative provitiont
     required to conform with thit Directive
     a) no later than 31 December 1992 by prêtenting a
        timetable for the implementation of the
        measures referred to in Articles 3 and 4 by
        31 December 1999;
     b) no later than 31 December 1992 for the         b) no later than 31 December 1992 for the measures
        measures referred to in Article 5 to enable       referred to in Article 5 to enable the said meaturet
        the said measures to be implemented no later      to be implemented no later than 31 December 1993.
        than 31 December 1994.
     They shall inform the Commission directly of
     their implementation.
When Member States adopt these provisions, these
shall contain a reference to this Directive or shall
be accompanied by such reference at the time of their
official publication. The procedure for such
 reference shall be adopted by Member States.
                        Article 9
This Directive is addressed to the Member States.
        Done at
        For the CounciI
                                                                                                        Page®
 ---pagebreak---                  Initial Commission                    Amended propotal purtuant
                       proposal                          to Article 149/3 EEC
                          Annex
                  Minimum requirements
                      (Article 3a)
General remarks
The obligations laid down in this annex or9
applicable whenever the characteristics of the public
trantport facititiet or their infrattructure to
require.
I. ACCESS TO TRANSPORT
    Trantport mutt be made available to workert with
    reduced mobility in tuch a way at to meet their
    tpecial trantport needt. Thit meant a tufficient
    number and frequency of tervicet and appropriate
    trontport tchedulet.
II. ACCESSIBILITY OF MEANS OF TRANSPORT PROVIDED FOR
    WORKERS WITH REDUCED MOBILITY
    The minimum requirements set out below concern
    the measures adopted to give application to point
     I above.
    a) Safe access to and from transport facilities
        (entrance/exit) for workert with reduced
        mobility thould be provided in one of three
        possible ways:
        -  either by built-in technical aids such os
           lowered floors, lifting platforms, etc.
        -  or by technical aids external to the
           transport vehicle, for example at the stop
           or platform, such as mobile ramps, low-lift
           elevating platform trucks, folding
           platforms, etc.
        -  or by personal assistance from specially
           trained transport company staff.
    b) At least one entrance/exit must be designed to
        allow workers with reduced mobility to
        board/alight from the mode of transport
        safely.
    c) Accessibility implies compatibility between
        the means of transport and the corresponding
        infrastructure to ensure that the worker with
        reduced mobility has safe access to the said
        means of transport.
                                                                                 Page X*
 ---pagebreak---                  Initial Commission                             Amended proposal pursuant
                      proposal                                    to Article 149/3 EEC
  III. FACILITIES TO BE PROVIDED IN THE MEANS OF      III. FACILITIES AND SAFETY CONDITIONS IN MEANS OF
       TRANSPORT FOR WORKERS WITH REDUCED MOBILITY         TRANSPORT FOR WORKERS WITH REDUCED MOBILITY
       The interior of the means of transport must         Inside the means of transport, the following
       provide the following for workers with reduced      provisions must be made for workert with reduced
       mobility, in accordance with the specific           mobility, in accordance with the tpecific
       requirements of different types of handicap:        requirementt of the different typet of handicap:
       -   reserved seats in sufficient number and in      -  reterved teatt in tufficient number and in
          appropriate positions                               appropriate potitiont
                                                           -  corridort
       -  corridors                                        -  toilet and wathing facilitiet
                                                           -  tignt to giye notice of ttopt.
       -   toilet and washing facilities.
IV.    SIGNS                                          IV.  SIGNS
       Signs for the use of the means of transport         Harmonised tignt for the ute of the meant of
       for workers with reduced mobility, together         trantport for workert with reduced mobility,
       with the access facilities to the associated        together with the accett facilitiet to the
       infrastructure, must accord with the special        attociated infrattructure, mutt accord with the
       needs of the various types of workers with          tpecial needt of the variout typet of workert with
       reduced mobiIity.                                   reduced mobility and the different cotegoriet of
                                                           ditabled pertont.
                                                                                                      Page O
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 539 final
                                                      DOCUMENTS
EN                                                                              07
                                Catalogue number : CB-CO-91-598-EN-C
                                                             ISBN 92-77-78991-3
Office for Official Publications of the European Communities
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