(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (7914/1/2001 REV 1 - C5-0293/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1992) 560 (2) ),

-  having regard to the Commission's amended proposal (COM(1994) 284 (3) ),

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0320/2001 ),

1.  Amends the common position as follows;

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

Council common position   Amendments by Parliament Amendment 1 Recital 3    (3) As a first step, it is considered appropriate to introduce measures protecting workers from the risks arising from vibrations owing to their effects on the health and safety of workers, in particular muscular/bone structure, neurological and vascular disorders. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition.    (3) As a first step, it is considered necessary to introduce measures protecting workers from the risks arising from vibrations owing to their effects on the health and safety of workers, in particular muscular/bone structure, neurological and vascular disorders. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition. It is necessary to adopt as soon as possible directives on the other physical agents (noise, optical radiation and electromagnetic fields and waves) not covered by this Directive. Amendment 2 Article 3, paragraph 2, subparagraph 1, points (a) and (b)    (a) the daily exposure limit value standardised to an eight-hour reference period shall be 1,15 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 21 m/s1,75 ;    (a) the daily exposure limit value standardised to an eight-hour reference period shall be 0,8 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 14,6 m/s1,75 ;    (b) the daily exposure action value standardised to an eight-hour reference period shall be 0,6 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 11 m/s1,75 .    (b) the daily exposure action value standardised to an eight-hour reference period shall be 0,5 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 8,5 m/s1,75 . Amendment 3 Article 5, paragraph 2, point (c)    (c) the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration;    (c) the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration and equipment fitted with vibration-reducing handles ; Amendment 4 Article 8, paragraph 3, point (a a) (new)    (aa) the employer shall be informed of any significant findings from the health surveillance; Amendment 5 Article 9 With regard to implementation of the obligations laid down in Article 5(3), Member States shall be entitled to make use of a maximum transitional period of 6 years from...* where work equipment is used which was given to workers before...** and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken. With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to 3 years.    1. With regard to implementation of the obligations laid down in Article 5(3), Member States shall be entitled to make use of a maximum transitional period of 5 years from...* where work equipment is used which was given to workers before...** and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken. With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to 3 years.    2. The derogations referred to in paragraph 1 shall be granted by Member States following consultation with the social partners in accordance with national law and practice. * 3 years after the entry into force of this Directive. * 2 years after the entry into force of this Directive. ** 6 years after the entry into force of this Directive. ** 3 years after the entry into force of this Directive. Amendment 11 Article 10, paragraph 1    1. In compliance with the general principles of health and safety protection for workers, Member States may, in the case of sea and air transport, derogate from Article 5(3) in duly justified circumstances with respect to whole-body vibration where, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical and/or organisation measures taken.    1. In compliance with the general principles of health and safety protection for workers, Member States may, in the case of sea and air transport, agriculture and forestry, derogate from Article 5(3) in duly justified circumstances with respect to whole-body vibration where, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical and/or organisational measures taken. 1a. In the case of agriculture and forestry, the daily exposure limit value shall be determined no later than ...* in the light of the latest research and scientific information available. ___________ * 5 years after the entry into force of this Directive. Amendment 6 Article 13 Every five years Member States shall provide a report to the Commission on the practical implementation of this Directive, indicating the points of view of both sides of industry . Every five years Member States shall provide a report to the Commission on the practical implementation of this Directive, indicating the points of view of the social partners . This report shall include a list, giving detailed reasons, of the transitional arrangements and derogations which the Member States have adopted. It shall also contain a description of best practice for preventing vibrations with a harmful effect on health and of other forms of work organisation, together with the action taken by the Member States to impart knowledge of such best practice. On the basis of those reports, the Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof. On the basis of those reports, the Commission shall carry out an overall assessment of the implementation of the Directive, including implementation in the light of research and scientific information, and shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof and, if necessary, propose amendments .

(1) OJ C 128, 9.5.1994, p. 146. (2) OJ C 77, 18.3.1993, p. 12. (3) OJ C 230, 19.8.1994, p. 3.