Procedure : 2006/0127(COD)
Document stages in plenary
Document selected : A6-0059/2007

Texts tabled :

A6-0059/2007

Debates :

PV 25/04/2007 - 22
CRE 25/04/2007 - 22

Votes :

PV 26/04/2007 - 8.1
Explanations of votes

Texts adopted :

P6_TA(2007)0157

REPORT     ***I
PDF 174kWORD 121k
7 March 2007
PE 382.212v02-00 A6-0059/2007

on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/447/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation

(COM(2006)0390 – C6-0242/2006 – 2006/0127(COD))

Committee on Employment and Social Affairs

Rapporteur: Ilda Figueiredo

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/447/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation

(COM(2006)0390 – C6-0242/2006 – 2006/0127(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0390)(1),

–   having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0242/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs (A6-0059/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission  Amendments by Parliament

Amendment 1

CITATION 2

Having regard to the Commission's proposal, presented after consultation of the Advisory Committee on Safety and Health at Work,

Having regard to the Commission's proposal,

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 2

CITATION 3

Having regard to the opinion of the European Economic and Social Committee, after consultation of the Committee of the Regions,

Having regard to the opinion of the European Economic and Social Committee,

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 3

RECITAL 8

(8) The appropriate frequency for the Member States to draw up these reports and submit them to the Commission would be five years; the structure of the reports must be consistent to facilitate their exploitation; they must be drawn up on the basis of a questionnaire drafted by the Commission after consulting the Advisory Committee on Safety and Health at Work.

(8) The appropriate frequency for the Member States to draw up these reports and submit them to the Commission would be five years; the first report should exceptionally cover a longer period; the structure of the reports must be consistent to facilitate their exploitation; they must be drawn up on the basis of a questionnaire drafted by the Commission after consulting the Advisory Committee on Safety and Health at Work, and include relevant information on the preventive efforts deployed in the Member States so as to allow the Commission, taking into account any relevant findings of the European Agency for Safety and Health at Work and of the European Foundation for the Improvement of Living and Working Conditions, adequately to assess how the legislation works in practice.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 4

RECITAL 12

(12) The necessary measures to be taken by the Member States do not involve the adoption of legislative, regulatory or administrative acts, since the drafting of reports on the implementation of Community directives does not currently require the adoption of such provisions at Member State level.

(12) The Member States should take the necessary measures to transpose the modifications provided for by this Directive, which could, in view of the specific nature of this Directive and if appropriate, take the form of administrative measures.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 5

ARTICLE 1
Article 17 a, paragraph 1 (Directive 89/391/EEC)

1. Every five years, the Member States shall submit a single report to the Commission on the practical implementation of this Directive and individual Directives within the meaning of Article 16(1) thereof, indicating the points of view of the social partners.

1. Every five years, the Member States shall submit a single report to the Commission on the practical implementation of this Directive and individual Directives within the meaning of Article 16(1) thereof, indicating the points of view of the social partners. The report shall assess the various points related to practical implementation of the different Directives and, where appropriate and available, provide data disaggregated by gender.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 6

ARTICLE 1
Article 17 a, paragraph 2 (Directive 89/391/EEC)

2. The structure of the report shall be defined by the Commission, in cooperation with the Advisory Committee on Safety and Health at Work.

2. The structure of the report, together with a questionnaire specifying its content, shall be defined by the Commission, in cooperation with the Advisory Committee on Safety and Health at Work.

It shall include a general part on the provisions of this Directive and specific chapters on the implementation of the Directives referred to in paragraph 1.

The report shall include a general part on the provisions of this Directive relating to the common principles and points applicable to all of the Directives referred to in paragraph 1.

 

To complement the general part, specific chapters shall deal with implementation of the particular aspects of each Directive, including specific indicators, where available.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 7

ARTICLE 1
Article 17 a, paragraph 3 (Directive 89/391/EEC)

3. The Commission shall send the structure of the report, together with a questionnaire specifying its content, to the Member States six months before the end of the period covered by the report. The report shall be transmitted to the Commission within nine months of the end of the five-year period that it covers.

3. The Commission shall submit the structure of the report, together with the above-mentioned questionnaire, to the Member States at least six months before the end of the period covered by the report. The report shall be transmitted to the Commission within twelve months of the end of the five-year period that it covers.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 8

ARTICLE 1
Article 17a, paragraph 4 (Directive 89/391/EEC)

4. Using these reports as a basis, the Commission shall evaluate the implementation of the Directives concerned and developments in terms of research and new scientific knowledge in the various fields in question. It shall periodically inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work of this evaluation and, if necessary, of any initiatives to improve the operation of the regulatory framework.

4. Using these reports as a basis, the Commission shall evaluate the implementation of the Directives concerned in terms of their relevance, research and new scientific knowledge in the various fields in question. It shall, within 36 months of the end of the five-year period, inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety and Health at Work of the results of this evaluation and, if necessary, of any initiatives to improve the operation of the regulatory framework.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 9

ARTICLE 3, INTRODUCTORY PART

With effect from [date to be specified, indicated in Article 4] the following provisions shall be repealed:

With effect from ...* the following provisions shall be repealed:

 

 

* Date of entry into force of this Directive.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 10

ARTICLE 4

The Member States shall adopt the measures necessary for them to comply with the provisions of this Directive by […].

The Member States shall adopt the measures necessary for them to comply with the provisions of this Directive by 31 December 2012.

When the Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

 

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

Amendment 11

ARTICLE 5

This Directive shall enter into force on the […] day following that of its publication in the Official Journal of the European Union.

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Justification

This is a compromise amendment with the Council in order to reach an agreement in first reading.

(1)

Not yet published in OJ.


EXPLANATORY STATEMENT

I – Introduction

In the European Communities, worker health and working conditions were matters to which the Commission and Council did not begin to address themselves until very late in the day. In the 1970s and the early 1980s the Seveso Directive and the setting-up of the Advisory Committee on Safety and Health at Work were the first instances in which concerns about working conditions were raised, following on, in a way, from the specific workers’ health programmes established under the then European Coal and Steel Community.

Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work is the model for this first level of partial concerns, that is to say, defined according to given risk factors, which have been the subject of directives. Other matters such as the health of workers in general and working conditions, the organisation of health, hygiene, and safety services at the workplace, and the list of occupational diseases failed to secure the unanimous approval of the Member States.

At that time the term ‘social dumping’ was coined to denote unfair competition by companies and countries that were not investing in the safety and health of their labour force.

In 1989 the issue of the framework directive (Directive 89/391/EEC) marked a significant step forward matching earlier initiatives by the World Health Organisation under its worker health programmes and, in particular, serving to respond to the International Labour Organisation’s 1981 and 1985 conventions and recommendations relating, respectively, to the health of workers and the organisation of occupational health services.

This framework directive has been followed by at least 16 directives aimed at upward harmonisation of working conditions in the enlarged Communities.

Continuing into the 1990s, other directives were published to protect young workers, temporary workers, and those manning ships. As can be seen today, the abundance of directives has not led to commensurate practical results. There are many possible reasons, one being that implementation is not monitored either at national or at Union level.

Although almost all of the directives, starting with the 1989 framework directive on the introduction of measures to improve the health and safety of workers at work, explicitly call on the Member States to report to the Commission on the practical implementation of their provisions, setting out also the views of the social partners, it is common knowledge that some Member States have failed to produce the necessary reports.

II – Commission proposal

The proposal that the Commission has now submitted aims to simplify and rationalise the provisions of the Community directives on health and safety of workers at work imposing an obligation for Member States and the Commission to draw up practical implementation reports.

At present, Member States are required to draw up such reports under several individual directives, but the frequency varies: some reports have to be produced every four years, and others, every five years. The Commission is now proposing that a single report be drawn up every five years.

III – Proposed amendments

The Commission mentions the need to simplify the procedure on account of the administrative constraints which add to the difficulties and red tape involved in producing each report, but what is really needed is to coordinate the different directives more closely and make them interact more effectively so as to provide a basis for constructive comparative analysis of the various health and safety strategies being pursued in the Member States.

For the reasons described above, if the proposed five-yearly single report is to meet health and safety needs at the workplace, the specific matters covered by the individual directives must not, under any circumstances, be watered down or undervalued.

The single report has to assess the various points related to practical implementation of the different directives. It should also provide information broken down by gender and specific data showing how women and men are affected by the problems and policies relating to health and safety at work.

The structure of the report is to be laid down by the Commission in cooperation with the Advisory Committee on Safety and Health at Work; the report is to include a general part covering the provisions of the framework directive (Directive 89/391/EEC) relating to the common principles and points applicable to all the other individual directives.

In addition to this general part, specific chapters should deal with the implementation of the particular aspects of each directive, including specific indicators, where available, and indicating the opinion of the social partners, who should be actively involved in the drafting process. The report should also describe and assess the prevention strategies and systems being applied in each of the Member States.

Our contention, however, is that there has to be a policy making for genuine upward harmonisation of the Member States’ practices. The Commission therefore needs to submit an in-depth report on the situation in the Member States as a whole, and a concerted policy needs to be devised with a view to improving the well-being of workers at work.


PROCEDURE

Title

Simplification and rationalisation of the reports on practical implementation

References

COM(2006)0390 - C6-0242/2006 - 2006/0127(COD)

Committee responsible

       Date announced in plenary

EMPL

7.9.2006

Committee(s) asked for opinion(s)

       Date announced in plenary

ENVI

7.9.2006

ITRE

7.9.2006

 

 

Not delivering opinions

       Date of decision

ENVI

14.9.2006

ITRE

4.10.2006

 

 

Rapporteur(s)

       Date appointed

Ilda Figueiredo

12.9.2006

 

 

Discussed in committee

23.11.2006

18.12.2006

24.1.2007

28.2.2007

Date adopted

1.3.2007

 

 

 

Result of final vote

+:

-:

0:

37

1

0

Members present for the final vote

Jan Andersson, Alexandru Athanasiu, Roselyne Bachelot-Narquin, Philip Bushill-Matthews, Milan Cabrnoch, Derek Roland Clark, Luigi Cocilovo, Proinsias De Rossa, Harlem Désir, Harald Ettl, Richard Falbr, Carlo Fatuzzo, Ilda Figueiredo, Joel Hasse Ferreira, Stephen Hughes, Jan Jerzy Kułakowski, Jean Lambert, Raymond Langendries, Bernard Lehideux, Elizabeth Lynne, Thomas Mann, Ana Mato Adrover, Marie Panayotopoulos-Cassiotou, Pier Antonio Panzeri, Jacek Protasiewicz, José Albino Silva Peneda, Kathy Sinnott, Gabriele Stauner

Substitute(s) present for the final vote

Edit Bauer, Mihael Brejc, Françoise Castex, Richard Howitt, Sepp Kusstatscher, Jamila Madeira, Roberto Musacchio, Glenis Willmott

Substitute(s) under Rule 178(2) present for the final vote

Jaromír Kohlíček, André Brie

Last updated: 20 March 2007Legal notice