Legal provisions of COM(2006)390 - Amendment of Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2006)390 - Amendment of Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, ...
document COM(2006)390 EN
date June 20, 2007

Contents

Article 1 - Amendments to Directive 89/391/EEC

The following Article shall be inserted in Directive 89/391/EEC:

‘Article 17a

Implementation reports

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), indicating the points of view of the social partners. The report shall assess the various points related to the practical implementation of the different Directives and, where appropriate and available, provide data disaggregated by gender.

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.

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.

3. The Commission shall submit the structure of the report, together with the above-mentioned questionnaire specifying its content, 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 12 months of the end of the five-year period that it covers.

4. Using these reports as a basis, the Commission shall evaluate the implementation of the Directives concerned in terms of their relevance, of research and of 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.

5. The first report shall cover the period 2007 to 2012.’.

Article 2 - Amendments to Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC

1. The following Article shall be inserted in Directive 83/477/EEC:

‘Article 17a

Implementation report

Every five years, the Member States shall submit to the Commission a report on the practical implementation of this Directive in the form of a specific chapter of the single report referred to in Article 17a(1), (2) and (3) of Directive 89/391/EEC, which serves as a basis for the Commission’s evaluation, in accordance with Article 17a(4) of that Directive.’.

2. The following Article shall be inserted in Directive 91/383/EEC:

‘Article 10a

Implementation report

Every five years, the Member States shall submit to the Commission a report on the practical implementation of this Directive in the form of a specific chapter of the single report referred to in Article 17a(1), (2) and (3) of Directive 89/391/EEC, which serves as a basis for the Commission’s evaluation, in accordance with Article 17a(4) of that Directive.’.

3. The following Article shall be inserted in Directive 92/29/EEC:

‘Article 9a

Implementation report

Every five years, the Member States shall submit to the Commission a report on the practical implementation of this Directive in the form of a specific chapter of the single report referred to in Article 17a(1), (2) and (3) of Directive 89/391/EEC, which serves as a basis for the Commission’s evaluation, in accordance with Article 17a(4) of that Directive.’.

4. The following Article shall be inserted in Directive 94/33/EC:

‘Article 17a

Implementation report

Every five years, the Member States shall submit to the Commission a report on the practical implementation of this Directive in the form of a specific chapter of the single report referred to in Article 17a(1), (2) and (3) of Directive 89/391/EEC, which serves as a basis for the Commission’s evaluation, in accordance with Article 17a(4) of that Directive.’.

Article 3 - Repeal

The following provisions shall be repealed with effect from 27 June 2007:

1.Article 18(3) and (4) of Directive 89/391/EEC;

2.Article 10(3) and (4) of Directive 89/654/EEC;

3.Article 10(3) and (4) of Directive 89/655/EEC;

4.Article 10(3) and (4) of Directive 89/656/EEC;

5.Article 9(3) and (4) of Directive 90/269/EEC;

6.Article 11(3) and (4) of Directive 90/270/EEC;

7.Article 10(3) and (4) of Directive 91/383/EEC;

8.Article 9(3) and (4) of Directive 92/29/EEC;

9.Article 14(4) and (5) of Directive 92/57/EEC;

10.Article 11(4) and (5) of Directive 92/58/EEC;

11.Article 14(4), (5) and (6) of Directive 92/85/EEC;

12.Article 12(4) of Directive 92/91/EEC;

13.Article 13(4) of Directive 92/104/EEC;

14.Article 13(3) and (4) of Directive 93/103/EC;

15.Article 17(4) and (5) of Directive 94/33/EC;

16.Article 15 of Directive 98/24/EC;

17.Article 13(3) of Directive 1999/92/EC;

18.Article 13 of Directive 2002/44/EC;

19.Article 16 of Directive 2003/10/EC;

20.Article 12 of Directive 2004/40/EC;

21.Article 12 of Directive 2006/25/EC.

Article 4 - Implementation

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

Article 5 - Entry into force

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

Article 6 - Addressees

This Directive is addressed to the Member States.