Avis juridique important

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31991L0155

Commission Directive 91/155/EEC of 5 March 1991 defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 10 of Directive 88/379/EEC

Official Journal L 076 , 22/03/1991 P. 0035 - 0041 Finnish special edition: Chapter 15 Volume 10 P. 0059  Swedish special edition: Chapter 15 Volume 10 P. 0059

COMMISSION DIRECTIVE  of 5 March 1991  defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 10 of Directive 88/379/EEC  (91/155/EEC) THE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (1), as last  amended by Commission Directive 90/492/EEC (2), and in particular Article 10 (2) thereof,  Whereas the labelling required by Directive 88/379/EEC constitutes a basic source of information for users of dangerous preparations by giving them a clear, concise indication of the potential dangers; whereas that labelling needs to be supplemented by  a more detailed information system for industrial users;  Whereas Article 10 of Directive 88/379/EEC provides for the setting up of an information system in the form of safety data sheets relating to dangerous preparations; whereas, moreover, this Article specifies that such information is principally intended  for industrial users and must enable them to take the measures necessary to ensure the protection of health and safety at the workplace;  Whereas there are close links between Directive 88/379/EEC and Council Directive 67/548/EEC of 27 June 1967, on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous  substances (3), as last amended by Directive 79/831/EEC (4); whereas it is therefore desirable to establish a system of safety data sheets which is applicable to both dangerous substances and dangerous preparations; whereas the implementing provisions  for dangerous substances will be laid down in due course;  Whereas the advisory committee on safety, hygiene and health protection at the workplace set up by Council Decision 74/325/EEC (5), as last amended by the Act of Accession of Spain and Portugal, has been consulted;  Whereas the provisions of this Directive are in accordance with the opinion of the committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. Any person established within the Community who is responsible for placing a dangerous substance or preparation on the market, whether the manufacturer, importer or distributor, shall supply the recipient who is an industrial user of the  substance or preparation with a safety date sheet containing the information set out in Article 3.  2. The information shall be provided free of charge at the latest when the substance or preparation is first supplied and thereafter following any revision due to any significant new information regarding safety and protection of health and the  environment.  The new dated version, identified as 'Revision: . . . (date)' shall be provided free of charge to all former recipients who received the substance or preparation within the preceding 12 months.  3. The safety data sheet need not be supplied where dangerous substances or preparations offered or sold to the general public are furnished with sufficient information to enable users to take the necessary measures as regards the protection of health  and safety. However, a safety data sheet must be supplied at the request of an industrial user.  Article 2  Member States may make the placing of dangerous substances or preparations on the market in their territory subject to the use of their official language or languages for the compilation of the safety data sheet referred to in Article 1.  Article 3  The safety data sheet referred to in Article 1 shall contain the following obligatory headings:  1. identification of the substance/preparation and of the company/undertaking;  2. composition/information on ingredients;  3. hazards identification;  4. first-aid measures;  5. fire-fighting measures;  6. accidental release measures;  7. handling and storage;  8. exposure controls/personal protection;  9. physical and chemical properties;  10. stability and reactivity;  11. toxicological information;  12. ecological information;  13. disposal considerations;  14. transport information;  15. regulatory information;  16. other information.  It shall be incumbent on the person responsible for placing the substance or preparation on the market to supply the information specified under these headings. This information shall be compiled in accordance with the Explanatory Notes in the Annex.  The safety data sheet shall be dated.  Article 4  The implementing provisions for dangerous substances will be laid down later.  Article 5  1. Member States shall adopt and publish the provisions necessary to comply with this Directive by 30 May 1991 at the latest and shall forthwith inform the Commission thereof.  2. These provisions shall take effect from 8 June 1991.  However, existing information systems of the safety data sheet type in use in some Member States may continue to be used until 30 June 1993.  3. 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 6  This Directive is addressed to the Member States.   Done at Brussels, 5 March 1991. For the Commission  Martin BANGEMANN  Vice-President  (1) OJ No L 187, 16. 7. 1988, p. 14.   (2) OJ No L 275, 5. 10. 1990, p. 35.   (3) OJ No 196, 16. 8. 1967, p. 1.   (4) OJ No L 287, 19. 10. 1990, p. 37.   (5) OJ No L 185, 9. 7. 1974, p. 15.    ANNEX  GUIDE TO THE COMPILATION OF SAFETY DATA SHEETS  The following explanatory notes are intended as a guide. Their purpose is to ensure that the content of each of the mandatory headings listed in Article 3 will enable industrial users to take the necessary measures relating to protection of health and  safety at the workplace.  The information must be written in a clear and concise manner.  Additional information may prove necessary in some cases in view of the wide range of properties of the substances and preparations. If in other cases it emerges that information from certain properties is of no significance or that it is technically  impossible to provide, the reasons for this must be clearly stated.  Although the order of headings is not obligatory, the sequence given in Article 3 is recommended.  When a safety data sheet has been revised, the changes should be brought to the attention of the recipient.  1. Identification of the substance/preparation and of the company/undertaking  1.1. Identification of the substance or preparation:  The term used for identification must be identical to that provided on the label as set out in part II of Annex VI to Directive 67/548/EEC.  Other means of identification available may also be indicated.  1.2. Company/undertaking identification  - Identification of the person established within the Community responsible for placing the substance or preparation on the market whether it be the manufacturer, importer or distributor.  - Full address and telephone number of this person.  1.3. In addition to the abovementioned information, supply the emergency telephone number of the company and/or official advisory body in accordance with Article 12 of Directive 88/379/EEC.  2. Composition/information on ingredients  The information given should enable the recipient to identify readily the risks attaching to the substance or preparation.  In the case of a preparation:  (a) it is not necessary to give the full composition (nature of the ingredients and their concentration);  (b) however, the following substances shall be indicated, together with their concentration or concentration range, if they are present in concentrations equal to or greater than those laid down in Article 3 (6) (a) of Directive 88/379/EEC (unless a  lower limit is considered more appropriate):  - substances presenting a health hazard within the meaning of Directive 67/548/EEC,  and  - at least substances subject to recognised exposure limit values pursuant to Community provisions but which are not covered by the above Directive;  (c) the classification (either from Article 5 (2) of or Annex I to Directive 67/548/EEC) of the above substances shall be given in the form of the symbols and R phrases which are assigned in accordance with their health hazards;  (d) if, in accordance with the provisions of Article 7 (1) of Directive 88/379/EEC, the identity of certain substances is to be kept confidential, their chemical nature shall be described in order to ensure safe handling. The name used must be the same  as that which derives from the above procedure.  3. Hazards identification  Indicate clearly and briefly the most important hazards the substance or preparation presents, in particular the critical hazards to man and the environment.  Describe the most important adverse human health effects and symptoms relating to the uses and possible misuses of the substance or preparation that can reasonably be foreseen.  The information should be compatible with that shown on the product label but need not repeat it.  4. First aid measures  Describe the first aid measures; however, it is important to specify whether immediate medical attention is required.  The information on first aid must be brief and easy to understand by the victim, bystanders and first-aiders. The symptoms and effects should be briefly summarized. The instructions should indicate what is to be done on the spot in the case of an  accident and whether delayed effects can be expected after exposure.  Subdivide the information according to the different routes of exposure, i. e. inhalation, skin and eye contact and ingestion, under different subheadings.  Indicate whether professional assistance by a doctor is needed or advisable.  For some substances or preparations it may be important to emphasize that special means to provide specific and immediate treatment must be available at the workplace.  5. Fire-fighting measures  Refer to requirements for fighting a fire caused by the substance or preparation, or arising in its vicinity by indicating:  - suitable extinguishing media,  - extinguishing media which must not be used for safety reasons,  - special exposure hazards arising from the substance or preparation itself, combustion products, resulting gases,  - special protective equipment for firefighters.  6. Accidental release measures  Depending on the substance or preparation involved, information may be needed on:  - personal precautions such as:  removal of ignition sources, provision for sufficient ventilation/respiratory protection, control of dust, prevention of skin and eye contact,  - environmental precautions such as:  keeping away from drains, surface- and ground-water and soil, possible need to alert the neighbourhood,  - methods for cleaning up such as:  use of absorbant material (e. g. sand, kieselguhr, acid binder, universal binder, sawdust . . .) reduction of gases/fumes with water, dilution.  Also consider the need for indications such as: 'never use, neutralize with, . . .'.  N.B. If appropriate refer to points 8 and 13.  7. Handling and storage  7.1. Handling  Consider precautions for safe handling including advice on technical measures such as: local and general ventilation, measures to prevent aerosol and dust generation and fire, and any specific requirements or rules relating to the substance or  preparation (e. g. procedures or equipment which are prohibited or recommended) and if possible give a brief description.  7.2. Storage  Consider the conditions for safe storage such as: specific design for storage rooms or vessels (including retention walls and ventilation), incompatible materials, conditions of storage (temperature and humidity limit/range, light, inert gas . . .)  special electrical equipment and prevention of static electricity.  Give advice if relevant on quantity limits under storage conditions. In particular indicate any special requirements such as the type of material used in the packaging/containers of the substance or preparation.  8. Exposure controls/personal protection  For the purposes of this document exposure control means the full range of precautionary measures to be taken during use in order to minimize worker exposure.  Engineering measures should be taken before personal protection equipment is necessary. Therefore give information on the system design, e. g. enclosure. This information should complement that already given in point 7.1.  Indicate, with their reference, any specific control parameters such as limit values or biological standards. Give information on the recommended monitoring procedures and indicate the reference.  Where personal protection is needed, specify the type of equipment to provide adequate and suitable protection:  - respiratory protection:  in the case of dangerous gases, vapours or dust, consider the need for appropriate protective equipment, such as self-contained breathing apparatus, adequate masks and filters.  - hand protection:  specify the type of gloves to be worn when handling the substance or preparation. If necessary indicate any additional skin and hand protection measures.  - eye protection:  specify the type of eye protection equipment required such as: safety glasses, safety goggles, face shield.  - skin protection:  if it is necessary to protect a part of the body other than the hands, specify the type and quality of protection equipment required, such as: apron, boots and full protective suit. If necessary, indicate specific hygiene measures.  9. Physical and chemical properties  This section includes the following information, where applicable, on the substances or preparation.    Appearance:  indicate the physical state (solid, liquid, gas) and the colour of the substance or preparation as supplied.  Odour:  if odour is perceptible, give a brief description of it.  pH:  indicate the pH of the substance or preparation as  supplied or of an aqueous solution; in the latter case, indicate the concentration.  Boiling point/boiling range:  Melting point/melting range:  Flash point:  Flammability (solid, gas):  Autoflammability:  Explosive properties:  Oxidizing properties:  Vapour pressure:  Relative density:  Solubility: - water solubility  - fat solubility (solvent - oil (to be specified)):  Partition coefficient: n-octanol/water:  Within the  meaning of  Directive  67/548/EEC  Other data:  indicate important safety parameters, such as vapour density, miscibility, evaporation rate, conductivity, viscosity, etc.  The above properties should be determined in accordance with the specifications of Part A of Annex V to Directive 67/548/EEC or any other comparable method.  10. Stability and reactivity  State the stability of the substance or preparation and the possibility of hazardous reactions occurring under certain conditions.  Conditions to avoid:  List those conditions such as temperature, pressure, light, shock, etc., which may cause a dangerous reaction and if possible give a brief description.  Materials to avoid:  List materials such as water, air, acids, bases, oxidizing agents or any other specific substance which may cause a dangerous reaction and if possible give a brief description.  Hazardous decomposition products:  List hazardous materials produced in dangerous amounts upon decomposition.  N.B. Address specifically:  - the need for and the presence of stabilizers,  - the possibility of a hazardous exothermic reaction,  - safety significance, if any, of a change in physical appearance of the substance or preparation,  - hazardous decomposition products, if any, formed upon contact with water,  - possibility of degradation to unstable products.  11. Toxicological information  This section deals with the need for a concise but complete and comprehensible description of the various toxicological (health) effects which can arise if the user comes into contact with the substance or preparation.  Include dangerous-to-health effects from exposure to the substance or preparation, based on both experiences and conclusions from scientific experiments. Include information on the different routes of exposure (inhalation, ingestion, skin and eye  contact), and describe the symptoms related to the physical, chemical and toxicological characteristics.  Include known delayed and immediate effects and also chronic effects from short- and long-term exposure: for example sensitization, carcinogenicity, mutagenicity and reproductive toxicity including teratogenicity, and narcosis.  Taking account of the information already provided under point 2, 'Composition/information on ingredients', it may be necessary to make reference to specific health effects of certain components in preparations.  12. Ecological information  Give an assessment of the possible effects, behaviour and environmental fate of the substance or preparation.  Describe the most important characteristics likely to have an effect on the environment owing to the nature of the substance or preparation and likely methods of use:  - mobility,  - persistence and degradability,  - bioaccumulative potential,  - aquatic toxicity and other data relating to ecotoxicity, e. g. behaviour in sewage works.  Remarks  Pending criteria for the evaluation of the environmental impact of a preparation, information relating to the above properties shall be given for substances classified as dangerous for the environment which are present in the preparation.  13. Disposal considerations  If the disposal of the substance or preparation (surplus or waste resulting from the foreseeable use) presents a danger, a description of these residues and information on their safe handling shall be given.  Indicate the appropriate methods of disposal of both the substance or preparation and any contaminated packaging (incineration, recycling, landfilling, etc.)  Comment  Refer to any Community provisions relating to waste. In their absence, it is useful to remind the user that national or regional provisions may be in force.  14. Transport information  Indicate any special precautions which a user needs to be aware of or needs to comply with in connection with transport or conveyance either within or outside his premises.  Additional information provided for by the United Nations Recommendation and other international agreements on the transport and packaging of dangerous goods may also be given.  15. Regulatory information  Give the information on the label according to the Directives relating to the classification, packaging and labelling of dangerous substances and preparations.  If the substance or preparation covered by this safety data sheet is the subject of specific provisions in relation to protection of man or the environment at Community level (e. g. restrictions on marketing and use, limit values for exposure at the  place of work) these provisions should, as far as is possible, be stated. The attention of recipients should also be drawn to the existence of national laws that implement these provisions.  It is also recommended that the data sheet should remind recipients to refer to any other national measures that may be relevant.  16. Other information  Indicate any other information which might be of importance for safety and health, for example:  - training advice,  - recommended uses and restrictions,  - further information (written references and/or technical contact point),  - sources of key data used to compile the data sheet.  Also give the date of issue of the data sheet, if not stated elsewhere.


Avis juridique important

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31992L0085

Council Directive 92/85/EEC of 19 October 1992 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 (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 348 , 28/11/1992 P. 0001 - 0008 Finnish special edition: Chapter 5 Volume 6 P. 0003  Swedish special edition: Chapter 5 Volume 6 P. 0003

COUNCIL DIRECTIVE 92/85/EEC of 19 October 1992 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 (tenth individual Directive within the meaning of Article  16 (1) of Directive 89/391/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,Having regard to the proposal from the Commission, drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at work (1),In cooperation with the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),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 protect the safety and health of workers;Whereas this Directive does not justify any reduction in levels of protection already achieved in individual Member States, the Member States being committed, under the Treaty, to encouraging improvements in conditions in this area and to harmonizing conditions while maintaining the improvements made;Whereas, under the terms of Article 118a of the Treaty, the said directives are to 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, pursuant to Decision 74/325/EEC (4), as last amended by the 1985 Act of Accession, the Advisory Committee on Safety, Hygiene and Health protection at Work is consulted by the Commission on the drafting of proposals in this field;Whereas the Community Charter of the fundamental social rights of workers, adopted at the Strasbourg European Council on 9 December 1989 by the Heads of State or Government of 11 Member States, lays down, in paragraph 19 in particular, that:'Every worker must enjoy satisfactory health and safety conditions in his working environment. Appropriate measures must be taken in order to achieve further harmonization of conditions in this area while maintaining the improvements made`;Whereas the Commission, in its action programme for the implementation of the Community Charter of the fundamental social rights of workers, has included among its aims the adoption by the Council of a Directive on the protection of pregnant women at work;Whereas Article 15 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 (5) provides that particularly sensitive risk groups must be protected against the dangers which specifically affect them;Whereas pregnant workers, workers who have recently given birth or who are breastfeeding must be considered a specific risk group in many respects, and measures must be taken with regard to their safety and health;Whereas the protection of the safety and health of pregnant workers, workers who have recently given birth or workers who are breastfeeding should not treat women on the labour market unfavourably nor work to the detriment of directives concerning equal treatment for men and women;Whereas some types of activities may pose a specific risk, for pregnant workers, workers who have recently given birth or workers who are breastfeeding, of exposure to dangerous agents, processes or working conditions; whereas such risks must therefore be assessed and the result of such assessment communicated to female workers and/or their representatives;Whereas, further, should the result of this assessment reveal the existence of a risk to the safety or health of the female worker, provision must be made for such worker to be protected;Whereas pregnant workers and workers who are breastfeeding must not engage in activities which have been assessed as revealing a risk of exposure, jeopardizing safety and health, to certain particularly dangerous agents or working conditions;Whereas provision should be made for pregnant workers, workers who have recently given birth or workers who are breastfeeding not to be required to work at night where such provision is necessary from the point of view of their safety and health;Whereas the vulnerability of pregnant workers, workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 14 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least two weeks, allocated before and/or after confinement;Whereas the risk of dismissal for reasons associated with their condition may have harmful effects on the physical and mental state of pregnant workers, workers who have recently given birth or who are breastfeeding; whereas provision should be made for such dismissal ot be prohibited;Whereas measures for the organization of work concerning the protection of the health of pregnant workers, workers who have recently given birth or workers who are breastfeeding would serve no purpose unless accompanied by the maintenance of rights linked to the employment contract, including maintenance of payment and/or entitlement to an adequate allowance;Whereas, moreover, provision concerning maternity leave would also serve no purpose unless accompanied by the maintenance of rights linked to the employment contract and or entitlement to an adequate allowance;Whereas the concept of an adequate allowance in the case of maternity leave must be regarded as a technical point of reference with a view to fixing the minimum level of protection and should in no circumstances be interpreted as suggesting an analogy between pregnancy and illness,HAS ADOPTED THIS DIRECTIVESECTION I PURPOSE AND DEFINITIONSArticle 1Purpose1. The purpose of this Directive, which is the tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, is to implement measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding.2. The provisions of Directive 89/391/EEC, except for Article 2 (2) thereof, shall apply in full to the whole area covered by paragraph 1, without prejudice to any more stringent and/or specific provisions contained in this Directive.3. This Directive may not have the effect of reducing the level of protection afforded to pregnant workers, workers who have recently given birth or who are breastfeeding as compared with the situation which exists in each Member State on the date on which this Directive is adopted.Article 2DefinitionsFor the purposes of this Directive:(a) pregnant worker shall mean a pregnant worker who informs her employer of her condition, in accordance with national legislation and/or national practice;(b) worker who has recently given birth shall mean a worker who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;(c) worker who is breastfeeding shall mean a worker who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice.SECTION II GENERAL PROVISIONSArticle 3Guidelines1. In consultation with the Member States and assisted by the Advisory Committee on Safety, Hygiene and Health Protection at Work, the Commission shall draw up guidelines on the assessment of the chemical, physical and biological agents and industrial processes considered hazardous for the safety or health of workers within the meaning of Article 2.The guidelines referred to in the first subparagraph shall also cover movements and postures, mental and physical fatigue and other types of physical and mental stress connected with the work done by workers within the meaning of Article 2.2. The purpose of the guidelines referred to in paragraph 1 is to serve as a basis for the assessment referred to in Article 4 (1).To this end, Member States shall bring these guidelines to the attention of all employers and all female workers and/or their representatives in the respective Member State.Article 4Assessment and information1. For all activities liable to involve a specific risk of exposure to the agents, processes or working conditions of which a non-exhaustive list is given in Annex I, the employer shall assess the nature, degree and duration of exposure, in the undertaking and/or establishment concerned, of workers within the meaning of Article 2, either directly or by way of the protective and preventive services referred to in Article 7 of Directive 89/391/EEC, in order to:- assess any risks to the safety or health and any possible effect on the pregnancys or breastfeeding of workers within the meaning of Article 2,- decide what measures should be taken.2. Without prejudice to Article 10 of Directive 89/391/EEC, workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2 in the undertaking and/or establishment concerned and/or their representatives shall be informed of the results of the assessment referred to in paragraph 1 and of all measures to be taken concerning health and safety at work.Article 5Action further to the results of the assessment1. Without prejudice to Article 6 of Directive 89/391/EEC, if the results of the assessment referred to in Article 4 (1) reveal a risk to the safety or health or an effect on the pregnancy or breastfeeding of a worker within the meaning of Article 2, the employer shall take the necessary measures to ensure that, by temporarily adjusting the working conditions and/or the working hours of the worker concerned, the exposure of that worker to such risks is avoided.2. If the adjustment of her working conditions and/or working hours is not technically and/or objectively feasible, or cannot reasonably be required on duly substantiated grounds, the employer shall take the necessary measures to move the worker concerned to another job.3. If moving her to another job is not technically and/or objectively feasible or cannot reasonably be required on duly substantiated grounds, the worker concerned shall be granted leave in accordance with national legislation and/or national practice for the whole of the period necessary to protect her safety or health.4. The provisions of this Article shall apply mutatis mutandis to the case where a worker pursuing an activity which is forbidden pursuant to Article 6 becomes pregnant or starts breastfeeding and informs her employer thereof.Article 6Cases in which exposure is prohibitedIn addition to the general provisions concerning the protection of workers, in particular those relating to the limit values for occupational exposure:1. pregnant workers within the meaning of Article 2 (a) may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure, which would jeopardize safety or health, to the agents and working conditions listed in Annex II, Section A;2. workers who are breastfeeding, within the meaning of Article 2 (c), may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure, which would jeopardize safety or health, to the agents and working conditions listed in Annex II, Section B.Article 7Night work1. Member States shall take the necessary measures to ensure that workers referred to in Article 2 are not obliged to  perform night work during their pregnancy and for a period following childbirth which shall be determined by the national authority competent for safety and health, subject to submission, in accordance with the procedures laid down by the Member States, of a medical certificate stating that this is necessary for the safety or health of the worker concerned.2. The measures referred to in paragraph 1 must entail the possibility, in accordance with national legislation and/or national practice, of:(a) transfer to daytime work; or(b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible or cannot reasonably by required on duly substantiated grounds.Article 8Maternity leave1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of a least 14 weeks allocated before and/or after confinement in accordance with national legislation and/or practice.2. The maternity leave stipulated in paragraph 1 must include compulsory maternity leave of at least two weeks allocated before and/or after confinement in accordance with national legislation and/or practice.Article 9Time off for ante-natal examinationsMember States shall take the necessary measures to ensure that pregnant workers within the meaning of Article 2 (a) are entitled to, in accordance with national legislation and/or practice, time off, without loss of pay, in order to attend ante-natal examinations, if such examinations have to take place during working hours.Article 10Prohibition of dismissalIn order to guarantee workers, within the meaning of Article 2, the exercise of their health and safety protection rights as recognized under this Article, it shall be provided that:1. Member States shall take the necessary measures to prohibit the dismissal of workers, within the meaning of Article 2, during the period from the beginning of their pregnancy to the end of the maternity leave referred to in Article 8 (1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent;2. if a worker, within the meaning of Article 2, is dismissed during the period referred to in point 1, the employer must cite duly substantiated grounds for her dismissal in writing;3. Member States shall take the necessary measures to protect workers, within the meaning of Article 2, from consequences of dismissal which is unlawful by virtue of point 1.Article 11Employment rightsIn order to guarantee workers within the meaning of Article 2 the exercise of their health and safety protection rights as recognized in this Article, it shall be provided that:1. in the cases referred to in Articles 5, 6 and 7, the employment rights relating to the employment contract, including the maintenance of a payment to, and/or entitlement to an adequate allowance for, workers within the meaning of Article 2, must be ensured in accordance with national legislation and/or national practice;2. in the case referred to in Article 8, the following must be ensured:(a) the rights connected with the employment contract of workers within the meaning of Article 2, other than those referred to in point (b) below;(b) maintenance of a payment to, and/or entitlement to an adequate allowance for, workers within the meaning of Article 2;3. the allowance referred to in point 2 (b) shall be deemed adequate if it guarantees income at least equivalent to that which the worker concerned would receive in the event of a break in her activities on grounds connected with her state of health, subject to any ceiling laid down under national legislation;4. Member States may make entitlement to pay or the allowance referred to in points 1 and 2 (b) conditional upon the worker concerned fulfilling the conditions of eligibilty for such benefits laid down under national legislation.These conditions may under no circumstances provide for periods of previous employment in excess of 12 months immediately prior to the presumed date of confinement.Article 12Defence of rightsMember States shall introduce into their national legal systems such measures as are necessary to enable all workers who should themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process (and/or, in accordance with national laws and/or practices) by recourse to other competent authorities.Article 13Amendments to the Annexes1. Strictly technical adjustments to Annex I as a result of technical progress, changes in international regulations or specifications and new findings in the area covered by this Directive shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.2. Annex II may be amended only in accordance with the procedure laid down in Article 118a of the Treaty.Article 14Final provisions1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years after the adoption thereof or ensure, at the latest two years after adoption of this Directive, that the two sides of industry introduce the requisite privisions by means of collective agreements, with Member States being required to make all the necessary provisions to enable them at all times to guarantee the results laid down by this Directive. They shall forthwith inform the Commission thereof.2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference of this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.3. Member States shall communicate to the Commission the texts of the essential provisions of national law which they have already adopted or adopt in the field governed by this Directive.4. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of the two sides of industry.However, Member States shall report for the first time to the Commission on the practical implementation of the provisions of this Directive, indicating the points of view of the two sides of industry, four years after its adoption.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.5. The Commission shall periodically submit to the European Parliament, the Council and the Economic and Social Committee a report on the implementation of this Directive, taking into account paragraphs 1, 2 and 3.6. The Council will re-examine this Directive, on the basis of an assessment carried out on the basis of the reports referred to in the second subparagraph of paragraph 4 and, should the need arise, of a proposal, to be submitted by the Commission at the latest five years after adoption of the Directive.Article 15This Directive is addressed to the Member States.Done at Luxembourg, 19 October 1992.For the CouncilThe PresidentD. CURRY(1) OJ N° C 281, 9. 11. 190, p. 3; and OJ N° C 25, 1. 2. 1991, p. 9.(2) OJ N° C 19, 28. 1. 1991, p. 177; and OJ N° C 150, 15. 6. 1992, p. 99.(3) OJ N° C 41, 18. 2. 1991, p. 29.(4) OJ N° L 185, 9. 7 .1974, p. 15.(5) OJ N° L 183, 29. 6. 1989, p. 1.ANNEX I NON-EXHAUSTIVE LIST OF AGENTS, PROCESSES AND WORKING CONDITIONS referred to in Article 4 (1)A. Agents1. Physical agents where these are regarded as agents causing foetal lesions and/or likely to disrupt placental attachment, and in particular:(a) shocks, vibration or movement;(b) handling of loads entailing risks, particularly of a dorsolumbar nature;(c) noise;(d) ionizing radiation (*);(e) non-ionizing radiation;(f) extremes of cold or heat;(g) movements and postures, travelling - either inside or outside the establishment - mental and physical fatigue and other physical burdens connected with the activity of the worker within the meaning of Article 2 of the Directive.2. Biological agentsBiological agents of risk groups 2, 3 and 3 within the meaning of Article 2 (d) numbers 2, 3 and 4 of Directive 90/679/EEC (¹), in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II.3. Chemical agentsThe following chemical agents in so far as it is known that they endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II:(a) substances labelled R 40, R 45, R 46, and R 47 under Directive 67/548/EEC (²) in so far as they do not yet appear in Annex II;(b) chemical agents in Annex I to Directive 90/394/EEC (³);(c) mercury and mercury derivatives;(d) antimitotic drugs;(e) carbon monoxide;(f) chemical agents of known and dangerous percutaneous absorption.B. ProcessesIndustrial processes listed in Annex I to Directive 90/394/EEC.C. Working conditionsUnderground mining work.(*) See Directive 80/836/Euratom (OJ N° L 246, 17. 9. 1980, p. 1).(¹) OJ N° L 374, 31. 12. 1990, p. 1.(²) OJ N° L 196, 16. 8. 1967, p. 1. Directive as last amended by Directive 90/517/EEC (OJ N° L 287, 19. 10. 1990, p. 37).(³) OJ N° L 196, 26. 7. 1990, p. 1.ANNEX II NON-EXHAUSTIVE LIST OF AGENTS AND WORKING CONDITIONS referred to in Article 6A. Pregnant workers within the meaning of Article 2 (a)1. Agents(a) Physical agentsWork in hyperbaric atmosphere, e.g. pressurized enclosures and underwater diving.(b) Biological agentsThe following biological agents:- toxoplasma,- rubella virus,unless the pregnant workers are proved to be adequately protected against such agents by immunization.(c) Chemical agentsLead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.2. Working conditionsUnderground mining work.B. Workers who are breastfeeding within the meaning of Article 2 (c)1. Agents(a) Chemical agentsLead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.2. Working conditionsUnderground mining work.Statement of the Council and the Commission concerning Article 11 (3) of Directive 92/ 85/EEC, entered in the minutes of the 1608th meeting of the Council (Luxembourg, 19 October 1992) THE COUNCIL AND THE COMMISSION stated that:'In determining the level of the allowances referred to in Article 11 (2) (b) and (3), reference shall be made, for purely technical reasons, to the allowance which a worker would receive in the event of a break in her activities on grounds connected with her state of health. Such a reference is not intended in any way to imply that pregnancy and childbirth be equated with sickness. The national social security legislation of all Member States provides for an allowance to be paid during an absence from work due to sickness. The link with such allowance in the chosen formulation is simply intended to serve as a concrete, fixed reference amount in all Member States for the determination of the minimum amount of maternity allowance payable. In so far as allowances are paid in individual Member States which exceed those provided for in the Directive, such allowances are, of course, retained. This is clear from Article 1 (3) of the Directive.`.