Avis juridique important

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31959L0221

Directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations

Official Journal 011 , 20/02/1959 P. 0221 - 0239 Finnish special edition: Chapter 15 Volume 1 P. 0003  Swedish special edition: Chapter 15 Volume 1 P. 0003  Greek special edition: Chapter 05 Volume 4 P. 0224  Danish special edition: Series I Chapter 1959-1962 P. 0007  English special edition: Series I Chapter 1959-1962 P. 0007

DIRECTIVES  laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations  THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,  Having regard to the provisions of the Treaty, and in particular Articles 30 and 31 thereof;  Having regard to the opinion of the group of experts appointed by the Scientific and Technical Committee from among the scientific experts of the Member States;  Having regard to the Opinion of the Economic and Social Committee;  Having regard to the proposal from the Commission ; After consulting the European Parliament;  Whereas basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations must, as specified in the Treaty, be laid down in order to enable each Member State, in accordance with Article 33 of the Treaty, to lay down the appropriate laws, regulations or administrative provisions to ensure compliance, to take the necessary measures with regard to teaching, education and vocational training, and to lay down such provisions in harmony with those applicable in this field in the other Member States;  Whereas the protection of the health of workers and of the general public requires that any activity involving a danger arising from ionising radiation must be made subject to rules;  Whereas it is necessary that basic standards be adapted to the conditions governing the use of nuclear energy and that they vary according to whether occupationally exposed persons or persons belonging to special groups of the population are concerned or protection of the population as a whole is envisaged;  Whereas the protection of the health of the general public entails a system of surveillance, inspection and accident procedure;  Whereas procedure for the protection of the health of workers calls for both medical and physical radiation protection surveillance;  HAS ADOPTED THESE DIRECTIVES:    TITLE I Definitions Article 1 For the purposes of these Directives, the following terms have the meaning hereby assigned to them:    § 1 - Physical and Radiological Terms  "Maximum permissible concentration of a radioactive nuclide" : the concentration of this nuclide in air inhaled or in drinking water which delivers the maximum permissible dose under conditions of continuous exposure. It is expressed in units of activity per unit volume.  "Contamination" : radioactive contamination, i.e. the contamination of any material or any area by radioactive substances.  In the particular case of workers, such contamination includes both external skin contamination and internal contamination irrespective of method of intake (inhalation, ingestion, absorption through the skin, etc.).  "Disintegration" : the process of spontaneous breakdown of a nucleus of an atom resulting in the emission of a particle or a photon or of a particle and a photon.  "Natural background radiation" : all ionising radiations from natural terrestrial and cosmic sources.  "Uptake" : internal contamination in which radioactive substances participate in the metabolism of the body.  "Exposure" : any exposure to ionising radiation ; a distinction is made between external radiation, where the source is outside the body, and internal radiation, which is caused by the uptake of radioactive substances.   "Planned abnormal exposure" : total exposure to ionising radiation of an occupationally exposed person, studied and accepted beforehand as a risk.  "Nuclide" : the atom defined by its mass number, atomic number and energy state.  "Ionising radiations" : eletromagnetic radiations (X-ray or gamma-ray photons or quanta), or corpuscular radiations (alpha particles, beta particles, electrons, positrons, protons, neutrons and heavy particles) capable of producing ions.  "Radioactivity" : spontaneous disintegration of a nuclide, with the emission of a particle or a photon, to form a different nuclide.  "Radiotoxicity" : the toxicity attributable to ionising radiations emitted by an incorporated radioactive element ; it depends not only on the radioactive characteristics but also on the metabolism of the element in the body or in the organ, and therefore on its chemical and physical state.  "Source" : an apparatus or substance capable of emitting ionising radiations.  "Sealed source" : a source consisting of radioactive substances firmly incorporated in solid and inactive materials, or sealed in an inactive container of strength sufficient to prevent, under normal conditions of use, any dispersion of radioactive substances and any possibility of contamination.  "Unsealed source" : a source consisting of radioactive substances in such a form that dispersion of radioactive substances cannot be prevented and risk of contamination cannot be eliminated.  "Radioactive substances" : all substances displaying the characteristics of radioactivity.   § 2 - Other Terms  "Accident" : an unforeseen event which entails risk of exposure exceeding the maximum permissible doses.  "Medical surveillance" : all the medical examinations and the measures taken by an approved medical practitioner for health surveillance of workers with a view to protecting them against ionising radiations, and to ensure compliance with the basic standards.  "Physical surveillance" : all the surveys, monitoring and tests carried out with a view to protecting the health of workers and of the general public against ionising radiations, and to ensure compliance with the basic standards.  "Qualified expert" : a person having the knowledge and training needed both to measure ionising radiations and to give advice in order to ensure the effective protection of individuals and the correct operation of protective facilities, and having qualifications recognised by the competent authority.  "Special groups of the population" : these groups include:      (a) persons who enter the controlled area occasionally in the course of their duties, but are not regarded as "occupationally exposed persons";           (b) persons who handle apparatus emitting ionising radiations or containing radioactive substances in quantities such that the radiations emitted do not result in the maximum permissible dose for this category of person being exceeded;           (c) persons who reside in the vicinity of the controlled area and as a result may be subjected to an exposure higher than that laid down for the population as a whole.             "Approved medical practitioner" : a medical practitioner responsible for medical control whose qualifications and competence are recognised and approved by the competent authority.  "Occupationally exposed persons" : persons who in a controlled area regularly undertake work exposing them to the dangers arising from ionising radiations.  "Controlled area" : a specified area in which there is a source of ionising radiations and where occupationally exposed persons are liable to receive a dose higher than 1.5 rem per year ; in this area both physical and medical radiation surveillance are applied.  "Protected area" : any area surrounding a controlled area where there is a permanent danger of the maximum permissible dose for the general public being exceeded, and where there is physical radiation protection surveillance.   § 3 - Units and Symbols >PIC FILE= "T0001465">  "Rad" : the unit of absorbed dose : 1 rad equals 100 ergs per gramme of irradiated material at the place of interest.  "Rem" : corresponds to the quantity of ionising radiation which, when absorbed by the human body, produces a biological effect identical to that produced in the same tissue by the absorption of one rad of X-radiation.  The X-rays taken as reference are those producing an average specific ionisation of 100 ion pairs per  micron of water. This corresponds to X-rays of about 250 kV.  "Röntgen" : the quantity of X- or gamma radiation which the associated corpuscular emission per 0.001293 gramme of air produces, in air, ions carrying a quantity of electricity of either sign equal to one electrostatic unit.   § 4 - Activity and Doses  "Activity" : the number of disintegrations per unit time ; activity is expressed in "curies".  "Absorbed dose" : the amount of energy imparted to matter by ionising particles per unit mass of irradiated material at the place of interest, whatever type of ionising radiation is used. The unit of absorbed dose is the "rad".  "Exposure dose" : of X- or gamma rays at a given place : the measure of radiation in terms of its ability to produce ionisation. The unit of exposure dose of X- or gamma rays is the "röntgen" (r).  "Personal dose" : the dose of ionising radiations received by any individual during a given period of time.  "Integral absorbed dose" : the total quantity of energy imparted by ionising particles to material throughout the region of interest.  The unit of integral absorbed dose is the "grammerad".  "Relative biological effectiveness" (RBE) : the ratio of a dose of X-rays taken as reference to the dose of the ionising radiation in question which produces the same biological effect. The accepted values of the RBE of various types of radiation are given in the following Table: >PIC FILE= "T0001285">   "Biological effective dose" or "RBE dose" : determined by multiplying the absorbed rad dose by the RBE factor. The RBE dose is expressed in "rem".  "Maximum permissible doses compatible with adequate safety" : the doses of ionising radiation which, in the light of present knowledge, are not expected to cause bodily injury to a person at any time during his life or to the population as a whole.  Such doses are assessed on the basis of the radiation received by individuals or by the population as a whole, excluding natural background radiation and radiation received in the course of medical examination and treatment.  "Accumulated dose" : expresses the sum of all the doses, integrated in time, which an individual has received from any source, with the exception of those due to natural background radiation and to medical examination and treatment.  "Population dose" : the dose of ionising radiations received by a population during a given period of time and weighted in relation to demographic data.   TITLE II Scope Article 2 These Directives shall apply to the production, processing, handling, use, holding, storage, transport and disposal of natural and artificial radioactive substances and to any other activity which involves a danger arising from ionising radiations.   Article 3 Each Member State shall make the reporting of the activities referred to in Article 2 compulsory and, in cases to be determined by the Member State in relation to the degree of danger arising from such activities, shall make the activities subject to, a procedure for prior authorisation.   Article 4 This procedure for reporting and for obtaining prior authorisation may be waived in the case of:    (a) radioactive substances with a total activity of less than 0.1 microcurie. This value is applied to the most highly toxic radioactive nuclides. Other values are determined in each case by reference to the relative radiotoxicity and the information given in the Tables in Annex I to these Directives;       (b) radioactive substances of a concentration of less than 0.002 microcurie per gramme and solid natural radioactive substances of a concentration of less than 0.01 microcurie per gramme;        (c) apparatus emitting ionising radiations of a type accepted by the competent authorities, provided that the radioactive materials are effectively protected against any contact or leakage and that the dose emitted, at any time and at any external point 0.1 metres from the surface of the apparatus does not exceed 0.1 millirem per hour.          Article 5 Apart from the cases provided for by national legislation, a prior authorisation shall always be required for:    (a) the use of radioactive substances for medical purposes;       (b) the addition of radioactive substances in the manufacture of foodstuffs, and in pharmaceutical goods, cosmetics and products for household use, and in the handling of such foodstuffs, pharmaceutical goods and products;       (c) the use of radioactive substances in the manufacture of toys.          TITLE III Maximum permissible doses compatible with adequate safety Article 6 § 1 - Exposure of persons and the number of persons exposed to ionising radiations must be kept to a minimum.  § 2 - Persons under the age of eighteen must not be employed in work involving occupational exposure to the risk of ionising radiation.  § 3 - During pregnancy or the nursing period, women must not be employed in work involving a risk of high exposure.    CHAPTER I Maximum permissible doses for occupationally exposed persons  Article 7  WHOLE-BODY EXPOSURE  § 1 - The maximum permissible dose for a person occupationally exposed shall be expressed in rem and shall be calculated by reference to age and to an average annual dose of 5 rem.  The maximum permissible dose for an occupationally exposed person, of a given age, shall be calculated in accordance with the basic formula: >PIC FILE= "T0001286">   Dose D is the dose actually received in the bloodforming organs, the gonads and the lenses of the eyes.   § 2 - Protective devices shall be based on an average weekly dose of 0.1 rem.   § 3 - The maximum cumulative dose in any period of thirteen consecutive weeks shall not exceed 3 rem. The following shall be taken into account in calculating the dose:     (a) Persons aged eighteen and over may receive a cumulative dose of 3 rem (distributed over thirteen consecutive weeks), provided that the basic formula is complied with and that the dose accumulated over one year never exceeds 12 rem.  A single dose of 3 rem may be permitted only as an exception.       (b) When the dose previously accumulated is known with certainty and is below the dose calculated according to the basic formula, doses may be accumulated at the rate of 3 rem per 13 weeks as long as the maximum permissible dose calculated according to the basic formula has not been reached.       (c) When the dose previously accumulated is not known with certainty, it shall be assumed to be equal to the maximum permissible dose calculated according to the basic formula.       (d) When the dose previously accumulated is known with certainty and corresponds to standards applying at a time when the recommended maximum permissible doses were higher than those derived from the basic formula, the method of calculation shall be as stipulated in (c).         Article 8  PLANNED ABNORMAL EXPOSURE  In the case of a planned abnormal exposure, a dose of 12.5 rem may be permitted for occupationally exposed persons. This dose may be received only once in a lifetime ; it shall be included in the maximum permissible total dose calculated according to the basic formula. Any excess in relation to that maximum permissible total dose calculated according to the basic formula shall be disregarded.   Women of reproductive age may not be subjected to a planned abnormal exposure.   Article 9  ACCIDENTAL WHOLE-BODY EXPOSURE  Where there is accidental exposure of an occupationally exposed person, a dose between 3 and 25 rem, provided that it is received only once in a lifetime, shall be included in the maximum permissible cumulative dose corresponding to the age of the individual and calculated in accordance with the basic formula. Any excess in relation to that maximum permissible total dose shall be disregarded.   Article 10  PARTIAL EXPOSURE  Where there is partial exposure of the body, during which the doses received by the blood-forming organs, the gonads and the lenses of the eyes together do not exceed the limits set by the basic formula, the maximum permissible dose shall be laid down as follows:    (a) for external exposures of the extremities (hands and forearms, feet and ankles), 15 rem per 13 weeks and 60 rem per year;       (b) for external exposures of the whole skin, 8 rem per 13 weeks and 30 rem per year;       (c) for exposures of internal organs with the exception of the blood-forming organs, the grounds and the lenses of the eyes, 4 rem per 13 weeks and 15 rem per year.          CHAPTER II Maximum permissible doses for special groups of the population  Article 11  (a) For persons belonging to the special groups of the population within the meaning of (a) and (b) of the fifth subparagraph of § 2 of Article 1, the maximum permissible dose shall be laid down as 1.5 rem per year ; the dose in question is the dose actually received by the blood-forming organs, the gonads and the lenses of the eyes.   (b) For persons belonging to the special group of the population within the meaning of (c) of the fifth subparagraph of § 2 of Article 1, the maximum permissible dose shall be laid down as 0.5 rem per year ; the dose in question is the dose actually received by the blood-forming organs, the gonads and the lenses of the eyes.   CHAPTER III Maximum permissible dose for the population as a whole  Article 12 For the population as a whole, the maximum permissible dose shall be 5 rem per head, accumulated up to thirty years of age. This dose shall take into account, by weighting, the doses received by occupationally exposed persons and by special groups of the general public. It shall not take into account exposure to natural background radiation and exposure in the course of medical examination and treatment.   TITLE IV Maximum permissible exposure and contamination Article 13 § 1 - "Maximum permissible exposure" means the external exposure distributed in the body over a period of time and which imparts, in the light of present knowledge, the maximum permissible dose to the individual or to the general public.  § 2 - Exposures shall, according to the case, be expressed in terms of exposure dose, dose measured in the air, or in particle flux.  § 3 - The Table in Annex 2 to these Directives shows the corresponding neutron flux in respect of the maximum permissible dose for occupationally exposed persons.   Article 14 § 1  - "Maximum permissible contaminations" means such contaminations that the quantities of radioactive nuclides present in air inhaled or in drinking water do not exceed the maximum permissible concentrations laid down in the Table in Annex 3 to these Directives.  § 2 - Concentrations shall be expressed in activity per unit volume.  § 3 - The Table in Annex 3 gives the concentrations which correspond to the maximum permissible dose for occupationally exposed persons.   § 4 - Where there is contamination resulting from the uptake in the same organs of a mixture of radioactive nuclides the nature of which is known, the cumulative action of the exposures which the radioactive nuclides cause shall be taken into account.  § 5 - Where there is contamination of a single organ by a mixture of radioactive nuclides the nature of which is known, the sum of the exposures from the different nuclides shall be taken into account in calculating the maximum permissible concentrations.  § 6 - Where there is contamination of different organs by the uptake of a mixture of radioactive nuclides, this shall be regarded as total exposure.  § 7 - Where there is contamination by a mixture of radioactive nuclides of unknown composition, the values to be used are those shown in the Table in Annex 3 for any mixture of beta and gamma emitters and for any mixture of alpha emitters.   Article 15 Where the exposure of occupationally exposed persons is limited to forty hours per week, the concentrations shown in the Table in Annex 3 for air inhaled may be multiplied by 3. Where persons remain for a limited period in an atmosphere contaminated by a radioactive substance, the conversion factor may be higher than 3, according to the exposure time ; however, the conversion factor shall never exceed 10.   Article 16 The values of maximum permissible exposure and contamination applicable to conditions other than those obtaining in the case of whole-body exposure of occupationally exposed persons shall be calculated from the maximum permissible doses as laid down in Part III. Outside controlled areas, the maximum permissible concentrations which determine the maximum permissible contaminations shall be laid down as one-tenth of the values shown in the Table in Annex 3.   Article 17 In order to ensure that the health of the population is protected having due regard to the maximum permissible doses laid down in Articles 11 and 12 and to the maximum permissible exposures and contaminations referred to in Articles 13, 14, 15 and 16, each Member State shall take surveillance, inspection and intervention measures in the event of an accident.   § 1 - Surveillance shall comprise all the arrangements and surveys for the detection and elimination of factors which, in the production and use of ionising radiations or in the course of any operation involving exposure to their effects, may cause a radiation hazard for the population. The extent of the precautions taken shall depend on the magnitude of the radiation hazards, especially in the event of an accident, and on density of the population.   § 2 - Surveillance shall be carried out:      (a) in "protected areas", that is, the areas in which protection is based on observance of the maximum permissible dose of 0.5 rem per year laid down in Article 11 (b), for persons belonging to the special group of the population residing in the vicinity of the controlled area;           (b) in the whole territory for which the maximum permissible dose is that laid down for the population as a whole.              § 3 - Surveillance shall comprise examination and checking of protective devices, and dose determinations to be effected for the protection of the population.      (a) The examination and checking of devices shall include:        1. Examination and prior approval of plans for installations which involve radiation danger and of the proposed siting of these installations;               2. Acceptance of new installations as regards protection against any radiation or contamination liable to extend beyond the perimeter of the establishment, taking into consideration the demographic, meteorological, geological and hydrological conditions;               3. Checking the effectiveness of technical protective devices;               4. Acceptance, as regards physical surveillance, of facilities for measuring radiation and contamination;               5. Checking that measuring instruments are serviceable and correctly used.                          (b) Dose determinations to be made for the protection of the population shall include:        1. Assessment of external exposure, indicating the quality of the radiations concerned and, according to the case, determination of the exposure dose, the dose measured in the air, or the flux;               2. Assessment of radioactive contamination, indicating the nature and the physical and  chemical state of the radioactive contaminants, and the determination of their activity and their concentration (per unit volume in air and in water, per unit area on the ground, and per unit weight in biological and food samples);               3. Assessment of the "population dose", taking into consideration the conditions of exposure, and weighted in relation to demographic data. In particular, doses due to exposure to various sources of radiation must be added together whenever possible.                          (c) The frequency of assessments shall in each case be such as to ensure compliance with the basic standards.           (d) Records relating to measurements of external exposure and contamination together with the assessments of any dose received by the population shall be preserved in archives.              § 4 - Each Member State shall establish a system of inspection to supervise the protection of the health of the population and to initiate any surveillance and intervention measures whenever they prove necessary.   § 5 -     (a) Member States shall, in case an accident occurs:    1. plan the measures to be taken by the competent authorities;   2. lay down and provide the necessary resources, both in personnel and in equipment, to enable action to be taken to safeguard and maintain the health of the population.   (b) Member States shall communicate to the Commission the arrangements made pursuant to 1 and 2 of subparagraph (a).   (c) Any accident involving exposure of the population to radiation must, where the circumstances so require, be notified as a matter of urgency to neighbouring Member States and to the Commission of Euratom.    TITLE V Fundamental principles governing health surveillance of workers Article 18 § 1 - Health surveillance of workers in the controlled areas shall consist of physical surveillance for protection against radiation and of medical surveillance.  § 2 - A system or systems of inspection shall be established by each of the Member States to supervise such surveillance and to initiate measures for surveillance and intervention wherever necessary.   CHAPTER I Physical surveillance for protection against radiation  Article 19 Physical surveillance shall be undertaken by qualified experts whose qualifications are accepted by the competent authority. The scope of the resources used must depend on the size of the installations and the nature and type of such resources must depend on the hazards associated with the work involving exposure to ionising radiations.   Article 20 Physical surveillance shall include:    § 1 - Specifying and marking out controlled areas, that is, areas in which the maximum permissible dose of 1.5 rem per year, laid down in Article 11 (a) for special groups of the population, may be exceeded and in which protection is based on compliance with the maximum permissible doses laid down in Chapter I of Part III for occupationally exposed persons.       § 2 - Examination and checking of protective devices, including:      (a) the examination and prior approval of plans for installations which involve radiation danger and of siting of these installations in the establishment;           (b) the acceptance of new installations as regards physical surveillance;           (c) checking the effectiveness of technical devices for protection;           (d) checking that measuring instruments are serviceable and correctly used.                  § 3 - The following assessments:     (a) assessment of exposures in the localities concerned, indicating the nature and, where necessary, the quality of the radiations in question, in order to be able to take into account the relative biological effectiveness of the ionising radiations (RBE) and, according to the case, determination of the exposure dose, the dose measured in the air, or the flux;        (b) assessment of radioactive contamination, indicating the nature and the physical and chemical state of the radioactive contaminants, and determination of their activity and their concentration per unit volume and unit area;       (c) assessment, based on exposure conditions, of the personal whole-body dose received according to how exposure occurred. The accumulated personal dose of persons exposed to external radiation must be assessed by one or more individual radiation detectors continuously carried on the person ; the personal dose of those exposed to internal radiation must be assessed by any physical or medical method which enables the uptake to be evaluated.         Article 21 The frequency of assessments shall be laid down in such a way as to ensure compliance with the basic standards in each case.   Article 22 § 1 - Records relating to the assessment of personal doses shall be preserved during the lifetime of the person concerned and in any case for at least thirty years after the cessation of work which involved exposure to ionising radiation.  § 2 - Results of assessments of exposures and radioactive contaminations, and the action taken, shall be recorded and preserved.    CHAPTER II Medical surveillance  Article 23 Medical surveillance of workers shall be carried out by approved medical practitioners.   Article 24 § 1 - No worker may be placed or retained in work involving exposure to ionising radiation if the medical findings are unfavourable.  § 2 - Member States shall lay down the procedure for appeal against findings mentioned in § 1.   Article 25 Medical surveillance of workers shall include:    § 1 - Pre-employment medical examination      (a) This examination shall include a thorough enquiry into the medical history of the person, which must take into consideration any previous exposures to radiation, and a general clinical examination together with all the investigations necessary to judge the condition of the organs and functions liable to be most affected by exposure to radiation.           (b) The medical practitioner conducting the examination shall be informed of the initial duties and of any change in the duties of the worker, and of the exposures which these involve.           (c) Member States shall draw up a list, for the information of approved medical practitioners, showing the criteria which determine unsuitability.                  § 2 - Routine or special medical examinations to determine the condition of the most radiosensitive organs and functions      (a) The frequency of these examinations shall depend on the working conditions and the worker's state of health. Not more than one year shall elapse between two successive examinations, and this interval shall be reduced whenever necessary on account of exposure conditions or the worker's state of health;           (b) The approved medical practitioner shall continue health surveillance after cessation of work for as long as he considers it necessary to safeguard the health of the person concerned;           (c) The following medical classification shall be adopted for work involving radiation hazards:        1. workers unsuitable for their duties, who must be moved away from the hazard;               2. workers placed under observation, whose ability to withstand the hazard must be proved;               3. suitable workers, able to continue to withstand the hazard which their duties involve;               4. workers under health surveillance after cessation of work which involved exposure to ionising radiations.                                 § 3 - Special surveillance     (a) Special surveillance shall be arranged in the event of severe external exposure and in the event of contamination of the worker;        (b) Routine medical examinations shall be supplemented by any examinations, decontamination measures and all urgent remedial treatment considered by the medical practitioner to be necessary.       (c) The medical practitioner shall decide whether the worker should remain at work, be moved away, or be isolated and whether urgent medical treatment should be given.       (d) Any worker receiving accidental external radiation in excess of 25 rem or accidental internal contamination must be placed under health surveillance.         Article 26 § 1  - A medical record shall be opened for each worker, kept up to date and be preserved in archives during his lifetime and in any case for at least thirty years after the cessation of the work which involved exposure to ionising radiation.  § 2 - The medical record shall include information regarding the duties to which the worker has been assigned, the personal doses received by the worker and the results of medical examinations.  § 3 - Member States shall determine the practical arrangements to enable the medical record for each worker to be kept up to date. They shall also ensure that within the Community all relevant information concerning the duties performed by the worker and the doses received shall have free circulation.   Article 27Every worker who is liable to be exposed to radiation danger shall be informed about the hazards which the work involves for his health, the techniques of the work, the precautions to be taken and the importance of complying with the medical requirements.   Article 28 These Directives are addressed to all Member States.     Done at Brussels, 2 February 1959.  For the Council  The President  COUVE DE MURVILLE    ANNEX 1  1. Relative radiotoxicity of nuclides  The accepted classification of radioactive nuclides according to relative radiotoxicity is as follows: >PIC FILE= "T0001287">     2. Activity below which official authorisation may be waived  The requirement with regard to official authorisation may be waived insofar as the activities corresponding to the shaded area are concerned. >PIC FILE= "T0001288">     ANNEX 2 Table showing corresponding neutron fluxes for the maximum permissible dose in respect of occupationally exposed persons (40 hours per week)>PIC FILE= "T0001289">     ANNEX 3  Maximum permissible concentration of a radionuclide in air inhaled and in drinking water for continuous exposure of occupationally exposed persons  (Table based on Recommendations issued by the International Commission on Radiological Protection on 1 December 1954)a>PIC FILE= "T0001290">   >PIC FILE= "T0001291">    >PIC FILE= "T0001292">    >PIC FILE= "T0001293">    >PIC FILE= "T0001294">    >PIC FILE= "T0001295">


Avis juridique important

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31993L0103

Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 307 , 13/12/1993 P. 0001 - 0017

COUNCIL DIRECTIVE 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)THE  COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,  Having regard to the proposal from the Commission(1) , drawn up after consultation with the Advisory 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) ,  Whereas, in its resolution of 21 December 1987 on safety, hygiene and health at work(4) , the Council noted the Commission's intention of submitting to it minimum requirements concerning the organization of the safety and health of workers at work;  Whereas occupational safety and health measures should be introduced as part of the various Community measures for the fisheries sector;  Whereas compliance with the minimum requirements for ensuring a better level of safety and health on board fishing vessels is essential to ensure the safety and health of the workers concerned;  Whereas, because of the specific and particularly difficult working and living conditions on board fishing vessels, the incidence of fatal accidents among workers engaged in sea fishing is very high;  Whereas, on 15 April 1988, the European Parliament adopted a resolution recognizing the importance of the preventive aspects of safety at work on board fishing vessels;  Whereas, for the safety and health of the workers concerned, prominence should be given to locating fishing vessels in an emergency, particularly through the use of new technologies;  Whereas this Directive is an individual Directive within the meaning of Article 16 (1) 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) ; whereas,  therefore, the provisions thereof are fully applicable to work on board fishing vessels, without prejudice to more stringent and/or specific provisions contained in this Directive;  Whereas the individual Directives already adopted in the field of safety and health at work apply, unless otherwise specified, to sea fishing; whereas, therefore, it may in some cases be necessary to specify the particular characteristics of this  activity in order to ensure that the individual Directives are applied in the best way;  Whereas Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels(6)  is applicable in full to the sea fishing industry;  Whereas this Directive constitutes concrete progress towards the achievement of the social dimension of the internal market,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Object 1.  This Directive, which is the thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum safety and health requirements applicable to work on board the vessels defined in Article 2.  2.  The provisions of Directive 89/391/EEC are fully applicable to the field referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.   Article 2  Definitions For the purposes of this Directive, the following terms shall have the meanings hereby assigned to them:  (a) fishing vessel: any vessel flying the flag of a Member State or registered under the plenary jurisdiction of a Member State used for commercial purposes either for catching or catching and processing fish or other living resources from the sea;  (b) new fishing vessel: a fishing vessel with a length between perpendiculars of 15 metres or over and for which, on or after the date specified in the first subparagraph of Article 13 (1):  (i) the building or major conversion contract is placed; or (ii) the building or major conversion contract has been placed before the date specified in the first subparagraph of Article 13 (1) and which is delivered three or more years after that date; or (iii) in the absence of a building contract:  - the keel is laid, or - construction identifiable with a specific vessel begins, or - assembly has commenced, comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is the lesser;  (c) existing fishing vessel: any fishing vessel with a length between perpendiculars of 18 metres or over and which is not a new fishing vessel;  (d) vessel: any new or existing fishing vessel;  (e) worker: any person carrying out an occupation on board a vessel, including trainees and apprentices but excluding shore personnel carrying out work on board a vessel at the quayside and port pilots;  (f) owner: the registered owner of a vessel, unless that vessel has been chartered by demise or is managed, either wholly or in part, by a natural or legal person other than the registered owner under the terms of a management agreement; in that case,  the owner shall be construed as the demise charterer or natural or legal person managing the vessel, as appropriate;  (g) skipper: the worker who, in accordance with national legislation and/or practice, commands the vessel or has responsibility for it.   Article 3  General provisions 1.  Member States shall take the measures necessary to see that:  (a) owners ensure that their vessels are used without endangering the safety and health of workers, in particular in foreseeable meterological conditions, without prejudice to the skipper's responsibility;  (b) account is taken of any hazards faced by the rest of the workers when Article 8 (4) of Directive 89/391/EEC is applied;  (c) any occurrences at sea which affect or could affect the safety and health of the workers on board are described in a detailed report to be forwarded to the relevant competent authorities and are recorded carefully and in detail in the ship's log,  where the national regulations or legislation in force require such a log to be kept on the type of vessel in question or, in the absence of such a log, in a document required for the purpose.  2.  Member States shall take the measures necessary to ensure that, as regards compliance with this Directive, vessels are subject to regular checks by authorities specifically empowered to carry out such checks.  Certain checks concerning compliance with this Directive may be carried out at sea.   Article 4  New fishing vessels New fishing vessels must comply with the minimum safety and health requirements laid down in Annex I at the latest by the date referred to in the first subparagraph of Article 13 (1).   Article 5  Existing fishing vessels Existing fishing vessels must comply with the minimum safety and health requirements laid down in Annex II within seven years of the date referred to in the first subparagraph of Article 13 (1).   Article 6  Extensive repairs, conversions and alterations Where vessels undergo extensive repairs, conversions and alterations on or after the date specified in the first subparagraph of Article 13 (1), such extensive repairs, conversions and alterations must comply with the relevant minimum requirements laid  down in Annex I.   Article 7  Equipment and maintenance 1.  For the protection of the safety and health of workers, Member States shall take the measures necessary to ensure that, without prejudice to the skipper's responsibility, owners:  (a) ensure that the vessels and their fittings and equipment, particularly those referred to in Annexes I and II, are technically maintained, and that any defects found which are likely to affect the safety and health of workers are rectified as quickly  as possible;  (b) take measures to ensure that the vessels and all fittings and equipment are cleaned regularly in order to maintain an appropriate standard of hygiene;  (c) keep on board the vessel an adequate quantity of suitable emergency and survival equipment in good working order;  (d) take account of the minimum safety and health requirements concerning life-saving and survival equipment given in Annex III;  (e) without prejudice to the provisions of Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the  meaning of Article 16 (1) of Directive 89/391/EEC)(7) , take account of the personal protective equipment specifications given in Annex IV to this Directive.  2.  Member States shall take all necessary measures to ensure that, for the protection of the safety and health of workers, the owner supplies the skipper with the means needed to enable him to fulfil the obligations imposed upon him by this Directive.    Article 8  Information for workers 1.  Without prejudice to the provisions of Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken regarding safety and health on board vessels.  2.  The information must be comprehensible to the workers concerned.   Article 9  Training of workers 1.  Without prejudice to Article 12 of Directive 89/391/EEC, workers shall be given suitable training, in particular in the form of precise, comprehensible instructions, on safety and health on board vessels and on accident prevention in particular.  2.  The training referred to in paragraph 1 shall cover in particular fire fighting, the use of life-saving and survival equipment and, for the workers concerned, the use of fishing gear and hauling equipment and the use of various types of signs  including hand signals.  Such training shall be subject to the necessary updating where this is required by changes in the activities on board.   Article 10  Detailed training of persons likely to command a vessel Without prejudice to Article 5 (3) of Directive 92/29/EEC, any person likely to command a vessel shall be given detailed training on:  (a) the prevention of occupational illness and accidents on board and the steps to be taken in event of accident;  (b) stability and maintenance of the vessel under all foreseeable conditions of loading and during fishing operations;  (c) radio navigation and communication, including procedures.   Article 11  Consultation and participation of workers The consultation of workers and/or their representatives and their participation in discussions on the matters covered by this Directive and its Annexes shall take place in accordance with Article 11 of Directive 89/391/EEC.   Article 12  Adaptation of the Annexes Purely technical adaptations of the Annexes to take account of:  - the adoption of directives in the field of technical harmonization and standardization concerning certain aspects of safety and health on board vessels,  and/or - technical progress, changes in the international regulations or specifications and new findings in the field of safety and health on board vessels,  shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.   Article 13  Final provisions 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 November 1995. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to 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.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or adopt in the field covered by this Directive.  3.  Member States shall report to the Commission every four years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers.  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.  4.  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.   Article 14  This Directive is addressed to the Member States.  Done at Brussels, 23 November 1993.  For the Council The President M. SMET  (1) OJ No C 337, 31. 12. 1991, p. 21; OJ No C 311, 27. 11. 1992, p. 21.  (2) OJ No C 241, 21. 9. 1992, p. 106; and Decision of 27 October 1993 (not yet published in the Official Journal).  (3) OJ No C 169, 6. 7. 1992, p. 46.  (4) OJ No C 28, 3. 2. 1988, p. 1.  (5) OJ No L 183, 29. 6. 1989, p. 1.  (6) OJ No L 113, 30. 4. 1992, p. 19.  (7) OJ L 393, 30. 12. 1989, p. 18.      ANNEX I  MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR NEW FISHING VESSELS (Articles 4, 6 and 7 (1) (a)  Preliminary note The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the cirumstances or a risk on board a new fishing vessel.  1. Seaworthiness and stability 1.1. The vessel must be maintained in a seaworthy condition and be properly equipped appropriate to its purpose and use.  1.2. Information on the vessel's stability must be available on board and must be accessible to the men on watch.  1.3. All vessels must be sufficiently stable when intact in the conditions of service for which they are intended.  The skipper must take the precautionary measures necessary to maintain adequate stability of the vessel.  Instructions supplied concerning the vessel's stability must be strictly observed.  2. Mechanical and eletrical installations 2.1. Electrical installations must be designed and constructed so as not to present any danger and so as to ensure:  - protection for the crew and vessel from electrical hazards,  - the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply,  - the operation of electrical equipment essential for safety in all emergencies.  2.2. An emergency electrical power source must be provided.  Except in open vessels, it must be located outside the engine room and must, in all cases, be so arranged as to ensure in the event of fire or other failure of the main electrical installation, simultaneous functioning for at least three hours of:  - the internal communication system, fire detectors and emergency signals,  - the navigation lights and emergency lighting,  - the radio installation,  - the emergency electrical fire pump where present.  If the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery must be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period  of three hours to the systems referred to in the first, second and third indents of the second subparagraph.  The main electrical switchboard and the emergency switchboard must, to the extent possible, be installed in such a way that they cannot be exposed simultaneously to water or fire.  2.3. Switchboards should be clearly marked; fuse boxes and fuse holders should be checked at regular intervals to ensure that the correct rating of fuse is being used.  2.4. Compartments housing electrical storage batteries must be adequately ventilated.  2.5. Electronic aids to navigation should be tested frequently and well maintained.  2.6. All equipment used in hoisting should be tested and examined at regular intervals.  2.7. All parts of hauling gear, hoisting gear and related equipment should be maintained in good repair and working order.  2.8. Where refrigeration plants and compressed air systems are installed they should be well maintained and examined at regular intervals.  2.9. Cooking and domestic appliances using heavy gases should be used only in well ventilated spaces and care should be taken to avoid any dangerous accumulation of gas.  Cylinders containing flammable and other dangerous gases should be clearly marked as to their contents and stowed on open decks.  All valves, pressure regulators and pipes leading from the cylinders should be protected against damage.  3. Radio installation The radio installation must permit contact at all times with at least one coastal or land-based station, taking into account the normal conditions for propagation of radio waves.  4. Emergency routes and exits 4.1. Routes and exits which can be used as emergency routes and exits must be unobstructed and easily accessible at all times and lead out as directly as possible to the open deck or to a safe area and thence to the survival craft so that workers can  evacuate their workstations or living areas quickly and as safely as possible.  4.2. The number, distribution and dimensions of the routes and exits which can be used as emergency routes and exits must depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons present.   Exits which can be used as emergency exits and which are closed must be immediately and readily operable in an emergency by any worker or by rescue teams.  4.3. Emergency doors and other emergency exits must be adequately weatherproof and watertight for their location and particular function.  Emergency doors and other emergency exits must be as fire-resistant as the bulkheads.  4.4. Emergency routes and exits must be indicated by signs in accordance with national provisions transposing Directive 92/58/EEC(1) .  Such signs must be placed at appropriate points and be made to last.  4.5. Escape routes and facilities and emergency exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails.  5. Fire detection and fire fighting 5.1. Depending on the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum potential number of persons present, living quarters and enclosed workplaces, including the  engine-room and the fish hold if necessary, must be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.  5.2. Fire-fighting equipment must always be kept in its proper location, maintained in good working order, and be available for immediate use.  Workers must be familiar with the locations of fire-fighting equipment, the way it works and how it should be used.  The presence of extinguishers and other portable fire-fighting equipment must always be checked before the vessel gets under way.  5.3. Manually-operated fire-fighting equipment must be easily accessible and simple to use and must be indicated by signs in accordance with the national provisions transposing Directive 92/58/EEC.  Such signs must be placed at appropriate points and be made to last.  5.4. Fire-detection and alarm systems should be regularly tested and well maintained.  5.5. Fire-fighting drills shall be carried out at regular intervals.  6. Ventilation of enclosed workplaces Steps must be taken to see that there is sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers.  If a mechanical ventilation system is used, it must be maintained in good condition.  7. Temperature of working areas 7.1. The temperature in working areas must be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on the workers and the actual or potential weather conditions in the area in which  the vessel operates.  7.2. The temperature in living quarters, sanitary facilities, canteens and first-aid rooms must, where those areas exist, be appropriate to the particular purpose of such areas.  8. Natural and artificial lighting of workplaces 8.1. Workplaces must as far as possible receive sufficient natural light and be equipped with artificial lighting suitable for the fishing operations in hand, without placing workers' safety and health in danger or jeopardizing other vessels.  8.2. Installations for the lighting of working areas, stairs, ladders and passageways must be placed in such a way that the type of lighting provided poses no risk of accident to workers and no hindrance to the navigation of the vessel.  8.3. Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting must be provided with emergency lighting of adequate intensity.  8.4. Emergency lighting must be maintained in an efficient operating condition and be tested at regular intervals.  9. Decks, bulkheads and deckheads 9.1. Spaces accessible to workers must be non-slip or anti-slip or be provided with devices to prevent falls and kept free of obstacles as far as possible.  9.2. Workplaces containing workstations must be adequately soundproofed and insulated, bearing in mind the type of tasks involved and the physical activity of workers.  9.3. The surface of decks, bulkheads and deckheads in working areas must be such that they can be cleaned or refurbished to an appropriate standard of hygiene.  10. Doors 10.1. Means should be provided so that doors can at all times be operated from the inside without special equipment.  The doors must be operable from either side when workplaces are in use.  10.2. Doors, and in particular sliding doors, where such have to be used, must function as safely as possible for the workers, especially in adverse weather and sea conditions.  11. Traffic routes - danger areas 11.1. Passageways, trunks, the outer part of deckhouses and all traffic routes in general must be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board.  11.2. If there is a risk that workers may fall through openings in the deck, or from one deck to another, adequate protection should be provided wherever possible.  Where guard rails provide such protection, they must be at least one metre high.  11.3. Access to installations above the deck for operations or maintenance purposes must be such as to ensure workers' safety.  Guard rails or similar protective devices of appropriate height must be provided to prevent falls.  11.4. Bulwarks or other means provided to prevent persons falling overboard must be maintained in an efficient condition.  Bulwarks must be fitted with freeing ports or other similar devices to enable water to drain away quickly.  11.5. On stern trawlers with ramps, the upper part of the ramp must be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp.  This gate or other device must be easily opened and closed, preferably by remote control, and must be open only for casting the net or for hauling it in.  12. Layout of workstations 12.1. Working areas must be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.  Handling areas must be sufficiently spacious, in terms of both height and surface area.  12.2. If the engines are controlled from the engine room, they must be controlled from a separate area, soundproofed and insulated from the engine room per se and accessible without entering the latter.  The navigating bridge is considered to be an area that meets the requirements of the first subparagraph.  12.3. The controls for the hauling gear must be installed in an area sufficiently large to enable operators to work unhindered.  The hauling gear must also have appropriate safety devices for emergencies, including emergency stop facilities.  12.4. The hauling gear operator must have an adequate view of the hauling gear and the workers at work.  If the hauling gear is controlled from the bridge, the operator should also have a clear view of the workers at work, either directly or via any other suitable medium.  12.5. A reliable communications system must be used between the bridge and the working deck.  12.6. A sharp look out should always be maintained and the crew warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck.  12.7. Contact with bare ropes and warps and with moving parts of the equipment must be minimized by installing protective devices.  12.8. Controls must be installed for moving masses, particularly on trawlers:  - devices to immobilize the otter boards,  - devices to control the swinging motion of the codend.  13. Living quarters 13.1. The location, structure, soundproofing, means of insulation and layout of the workers' living quarters and facilities, where these exist, and means of access thereto should be such as to provide adequate protection against weather and sea,  vibration, noise and unpleasant odours from other parts of the vessel likely to disturb the workers during their period of rest.  Where the design, dimensions and/or purpose of the vessel allow, the workers' living quarters must be located so as to minimize the effects of motion and acceleration.  Appropriate measures should be taken as far as possible to protect non-smokers from discomfort caused by tobacco smoke.  13.2. The workers' living quarters should be properly ventilated to ensure a constant supply of fresh air and prevent condensation.  Appropriate lighting must be provided in the living quarters, with:  - adequate normal general lighting,  - reduced general lighting to avoid disturbing workers who are resting, and - local lighting in each berth.  13.3. The galley and mess, where these exist, should be of adequate size, well lit and ventilated and easy to clean.  Refrigerators or other low-temperature food-storage equipment must be provided.  14. Sanitary facilities 14.1. On vessels with living quarters, shower facilities with hot and cold running water, wash-basins and toilets must be properly equipped and installed and the respective areas must be properly ventilated.  14.2. Every worker must have the use of a place where he can keep his clothes.  15. First aid On all vessels first-aid equipment must be available which fulfils the requirements in Annex II to Directive 92/29/EEC.  16. Accommodation ladders and gangways An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel must be available.  17. Noise All appropriate technical measures must be taken to reduce the noise level at workplaces and in the living quarters as far as possible, taking into account the size of the vessel.   (1) OJ No L 245, 26. 8. 1992, p. 23.      ANNEX II  MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR EXISTING FISHING VESSELS (Articles 5 and 7 (1) (a))  Preliminary note The obligations laid down in this Annex apply, in so far as the structural characteristics of the existing fishing vessel permit, whenever required by the features of the workplace, the activity, the circumstances or a risk on board an existing fishing  vessel.  1. Seaworthiness and stability 1.1. The vessel must be maintained in a seaworthy condition and be properly equipped appropriate to its purpose and use. 1.2. Where it exists, information on the vessel's stability must be available on board and must be accessible to the men on watch.  1.3. All vessels must be sufficiently stable when intact in the conditions of service for which they are intended.  The skipper must take the necessary precautionary measures in order to maintain adequate stability of the vessel.  Instructions supplied concerning the vessel's stability must be strictly observed.  2. Mechanical and electrical installations 2.1. Electrical installations must be designed and constructed so as not to present any danger and so as to ensure:  - protection for the crew and vessel from electrical risks,  - the proper functioning of all equipment necessary to maintain the vessel in normal operational and living conditions without recourse to an emergency power supply,  - the operation of electrical equipment essential for safety in all emergencies.  2.2. An emergency electrical power source must be provided.  Except in open vessels, the emergency electrical power source must be located outside the engine room and in all cases be so arranged as to ensure, in the event of fire or other failure of the main electrical installation, simultaneous functioning for  at least three hours of:  - the internal communication system, fire detectors and emergency signals,  - the navigation lights and emergency lighting,  - the radio installation,  - the emergency electrical fire pump where present.  If the emergency electrical power source is an accumulator battery and the main electrical power source fails, the accumulator battery must be automatically connected to the emergency electrical switchboard and supply power for an uninterrupted period  of three hours to the systems referred to in the first, second and third indents of the second subparagraph.  The main electrical switchboard and the emergency switchboard must, to the extent possible, be installed in such a way that they cannot be exposed simultaneously to water or fire.  2.3. Switchboards should be clearly marked; fuse boxes and fuse holders should be checked at regular intervals to ensure that the correct rating of fuse is being used.  2.4. Compartments housing electrical storage batteries must be adequately ventilated.  2.5. Electronic aids to navigation should be tested frequently and well maintained.  2.6. All equipment used in hoisting should be tested and examined at regular intervals.  2.7. All parts of hauling gear, hoisting gear and related equipment should be maintained in good repair and working order.  2.8. Where refrigeration plants and compressed air systems are installed, they should be well maintained and examined at regular intervals.  2.9. Cooking and domestic appliances using heavy gases should be used only in well ventilated spaces and care should be taken to avoid any dangerous accumulation of gas.  Cylinders containing flammable and other dangerous gases should be clearly marked as to their contents and stowed on open decks.  All valves, pressure regulators and pipes leading from the cylinders should be protected against damage.  3. Radio installation The radio installation must permit contact at all times with at least one coastal or land-based station, taking into account the normal conditions for propagation of radio waves.  4. Emergency routes and exits 4.1. Routes and exits which can be used as emergency routes and exits must be unobstructed and easily accessible at all times and lead out as directly as possible to the open deck or to a safe area and thence to the survival craft so that workers can  evacuate their workstations or living areas quickly and as safely as possible.  4.2. The number, distribution and dimensions of the routes and exits which can be used as emergency routes and exits must depend on the use, equipment and dimensions of workplaces and living areas and on the maximum potential number of persons present.   Exits which can be used as emergency exits and which are closed must be immediately and readily operable in an emergency by any worker or by rescue teams.  4.3. Emergency routes and exits must be indicated by signs in accordance with national provisions transposing Directive 92/58/EEC.  Such signs must be placed at appropriate points and be made to last.  4.4. Escape routes and facilities and emergency exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails.  5. Fire detection and fire fighting 5.1. Depending on the dimensions and use of the vessel, the equipment it contains, the physical and chemical properties of the substances present and the maximum potential number of persons present, living quarters and enclosed workplaces, including the  engine-room and the fish hold if necessary, must be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.  5.2. Fire-fighting equipment must always be kept in its proper location, maintained in good working order, and be available for immediate use.  Workers must be familiar with the location of fire-fighting equipment, the way it works and how it should be used.  The presence of extinguishers and other portable fire-fighting equipment must always be checked before the vessel gets under way.  5.3. Manually-operated fire-fighting equipment must be easily accessible and simple to use and must be indicated by signs in accordance with the national provisions transposing Directive 92/58/EEC.  Such signs must be placed at appropriate points and be made to last.  5.4. Fire-detection and alarm systems should be regularly tested and well maintained.  5.5. Fire-fighting drills shall be carried out at regular intervals.  6. Ventilation of enclosed workplaces Steps must be taken to see that there is sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers.  If a mechanical ventilation system is used, it must be maintained in good condition.  7. Temperature of working areas 7.1. The temperature in working areas must be adequate for the human body during the hours of working, having regard to the work methods used, the physical demands placed on the workers and the actual or potential weather conditions in the area in which  the vessel operates.  7.2. The temperature in living quarters, sanitary facilities, canteens and first-aid rooms must, where those areas exist, be appropriate to the particular purpose of such areas.  8. Natural and artificial lighting of workplaces 8.1. Workplaces must as far as possible receive sufficient natural light and be equipped with artificial lighting suitable for the operations in hand, without placing workers' safety and health in danger or jeopardizing the navigation of other vessels.   8.2. Lighting installations in working areas, stairs, ladders and passageways must be placed in such a way that the type of lighting envisaged poses no risk of accident to workers and no hindrance to the navigation of the vessel.  8.3. Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting must be provided with emergency lighting of adequate intensity.  8.4. Emergency lighting must be maintained in an efficient operating condition and be tested at regular intervals.  9. Decks, bulkheads and deckheads 9.1. Spaces accessible to workers must be non-slip or anti-slip or be provided with devices to prevent falls and kept free of obstacles as far as possible.  9.2. Workplaces containing workstations must, in so far as possible, be adequately soundproofed and insulated, bearing in mind the type of tasks involved and the physical activity of workers.  9.3. The surface of decks, bulkheads and deckheads in working areas must be such that they can be cleaned or refurbished to an appropriate standard of hygiene.  10. Doors 10.1. Means should be provided so that doors can at all times be operated from the inside without special equipment.  The doors must be operable from either side when workplaces are in use.  10.2. Doors and in particular sliding doors, where such have to be used, must function as safely as possible for the workers, especially in adverse weather and sea conditions.  11. Traffic routes - danger areas 11.1. Passageways, trunks, the outer part of deckhouses and all traffic routes in general must be equipped with guard rails, grab rails and lifelines or other means of ensuring the safety of workers in the course of activities on board.  11.2. If there is a risk that workers may fall through openings in the deck, or from one deck to another, adequate protection should be provided wherever possible.  11.3. Access to installations above the deck for operation or maintenance purposes must be such as to ensure workers' safety.  Guard rails or similar protective devices of appropriate height must be provided to prevent falls.  11.4. Bulwarks or other means provided to prevent persons falling overboard must be maintained in an efficient condition.  Bulwarks must be fitted with freeing ports or other similar devices to enable water to drain away quickly.  11.5. On stern trawlers with ramps, the ramp must be fitted with a gate or other means of securing it of the same height as the bulwarks or other adjacent means, to protect workers from the risk of falling into the ramp.  This gate or other device must be easily opened and closed and must be open only for casting the net or for hauling it in.  12. Layout of workstations 12.1. Working areas must be kept clear and, as far as possible, be protected from the sea and provide adequate protection for workers against falling on the vessel or falling overboard.  Handling areas must be sufficiently spacious, in terms of both height and surface area.  12.2. If the engines are controlled from the engine room, they must be controlled from a separate area, soundproofed and insulated from the engine room per se and accessible without passing through the latter.  The navigating bridge is considered to be an area that meets the requirements of the first subparagraph.  12.3. The controls for the hauling gear must be installed in an area sufficiently large to enable operators to work unhindered.  The hauling gear must also have appropriate safety devices for emergencies, including emergency stop facilities.  12.4. The hauling gear operator must have an adequate view of the hauling gear and the workers at work.  If the hauling gear is controlled from the bridge, the operator should also have a clear view of the workers at work, either directly or via any other suitable medium.  12.5. A reliable communications system must be used between the bridge and the working deck.  12.6. A sharp look out should always be maintained and the crew warned of the imminent danger of heavy oncoming seas during fishing operations or when other work is being done on deck.  12.7. Contact with bare ropes and warps and with moving parts of the equipment must be minimized by installing protective devices.  12.8. Controls must be installed for moving masses, particularly on trawlers:  - devices to immobilize the otter boards,  - devices to control the swinging motion of the codend.  13. Living quarters 13.1. The workers' living quarters, where they exist, must be such as to minimize noise, vibration, the effects of motion and acceleration, and unpleasant odours from other parts of the vessel.  Appropriate lighting must be installed in the living quarters.  13.2. The galley and mess, where they exist, should be of adequate size, adequately lit and ventilated and easy to clean.  Refrigerators or other low-temperature food-storage equipment must be provided.  14. Sanitary facilities On vessels with living quarters, toilets, wash-basins and, if possible, a shower must be installed and the respective areas must be properly ventilated.  15. First aid On all vessels first-aid equipment must be available which fulfils the requirements in Annex II to Directive 92/29/EEC.  16. Accommodation ladders and gangways An accommodation ladder, gangway or other similar equipment providing an appropriate, safe means of boarding the vessel must be available.     ANNEX III  MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR CONCERNING LIFE-SAVING AND SURVIVAL EQUIPMENT (Articles 7 (1) (d))  Preliminary note The obligations laid down in this Annex apply wherever required by the features of the workplace, the activity, the circumstances or a risk on board a vessel.  1. Vessels must carry adequate life-saving and survival equipment, including adequate means of recovering workers from the water, and radio rescue, in particular an emergency position-indicating radio beacon with a hydrostatic release mechanism, taking  account of the number of persons on board and the area in which the vessel is operating.  2. All items of life-saving and survival equipment must be kept in their proper locations, maintained in good working order and be available for immediate use.  They must be checked by the workers before the vessel leaves port and during the voyage.  3. The life-saving and survival equipment must be inspected at regular intervals.  4. All workers must receive proper training and appropriate instructions in anticipation of an emergency.  5. If the length of the vessel exceeds 45 metres or if five or more workers are carried, a muster list must be provided with clear instructions for each worker which must be followed in case of emergency.  6. Musters of workers for survival drill should be carried out each month in port and/or at sea.  These drills must ensure that the workers thoroughly understand and are exercised in the duties which they have to perform with respect to the handling and operation of all life-saving and survival equipment.  Workers must be trained in the setting up and operation of the portable radio equipment, where carried.     ANNEX IV  MINIMUM SAFETY AND HEALTH REQUIREMENTS CONCERNING PERSONAL PROTECTIVE EQUIPMENT (Articles 7 (1) (e))  Preliminary note The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the circumstances or a risk on board a vessel.  1. Where risks to the safety and health of workers cannot be prevented or sufficiently limited by collective or technical means of protection, they must be provided with personal protective equipment.  2. Personal protective equipment in the form of clothing or worn over clothing must be in bright colours, contrasting with the marine environment and clearly visible.