Avis juridique important

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32003L0098

Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information

Official Journal L 345 , 31/12/2003 P. 0090 - 0096

Directive 2003/98/EC of the European Parliament and of the Councilof 17 November 2003on the re-use of public sector informationTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure set out in Article 251 of the Treaty(4),Whereas:(1) The Treaty provides for the establishment of an internal market and of a system ensuring that competition in the internal market is not distorted. Harmonisation of the rules and practices in the Member States relating to the exploitation of public sector information contributes to the achievement of these objectives.(2) The evolution towards an information and knowledge society influences the life of every citizen in the Community, inter alia, by enabling them to gain new ways of accessing and acquiring knowledge.(3) Digital content plays an important role in this evolution. Content production has given rise to rapid job creation in recent years and continues to do so. Most of these jobs are created in small emerging companies.(4) The public sector collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information.(5) One of the principal aims of the establishment of an internal market is the creation of conditions conducive to the development of Community-wide services. Public sector information is an important primary material for digital content products and services and will become an even more important content resource with the development of wireless content services. Broad cross-border geographical coverage will also be essential in this context. Wider possibilities of re-using public sector information should inter alia allow European companies to exploit its potential and contribute to economic growth and job creation.(6) There are considerable differences in the rules and practices in the Member States relating to the exploitation of public sector information resources, which constitute barriers to bringing out the full economic potential of this key document resource. Traditional practice in public sector bodies in exploiting public sector information has developed in very disparate ways. That should be taken into account. Minimum harmonisation of national rules and practices on the re-use of public sector documents should therefore be undertaken, in cases where the differences in national regulations and practices or the absence of clarity hinder the smooth functioning of the internal market and the proper development of the information society in the Community.(7) Moreover, without minimum harmonisation at Community level, legislative activities at national level, which have already been initiated in a number of Member States in order to respond to the technological challenges, might result in even more significant differences. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased cross-border exploitation of information.(8) A general framework for the conditions governing re-use of public sector documents is needed in order to ensure fair, proportionate and non-discriminatory conditions for the re-use of such information. Public sector bodies collect, produce, reproduce and disseminate documents to fulfil their public tasks. Use of such documents for other reasons constitutes a re-use. Member States' policies can go beyond the minimum standards established in this Directive, thus allowing for more extensive re-use.(9) This Directive does not contain an obligation to allow re-use of documents. The decision whether or not to authorise re-use will remain with the Member States or the public sector body concerned. This Directive should apply to documents that are made accessible for re-use when public sector bodies license, sell, disseminate, exchange or give out information. To avoid cross-subsidies, re-use should include further use of documents within the organisation itself for activities falling outside the scope of its public tasks. Activities falling outside the public task will typically include supply of documents that are produced and charged for exclusively on a commercial basis and in competition with others in the market. The definition of "document" is not intended to cover computer programmes. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. It does not apply in cases in which citizens or companies can, under the relevant access regime, only obtain a document if they can prove a particular interest. At Community level, Articles 41 (right to good administration) and 42 of the Charter of Fundamental Rights of the European Union recognise the right of any citizen of the Union and any natural or legal person residing or having its registered office in a Member State to have access to European Parliament, Council and Commission documents. Public sector bodies should be encouraged to make available for re-use any documents held by them. Public sector bodies should promote and encourage re-use of documents, including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re-use.(10) The definitions of "public sector body" and "body governed by public law" are taken from the public procurement Directives (92/50/EEC(5), 93/36/EEC(6) and 93/37/EEC(7) and 98/4/EC(8)). Public undertakings are not covered by these definitions.(11) This Directive lays down a generic definition of the term "document", in line with developments in the information society. It covers any representation of acts, facts or information - and any compilation of such acts, facts or information - whatever its medium (written on paper, or stored in electronic form or as a sound, visual or audiovisual recording), held by public sector bodies. A document held by a public sector body is a document where the public sector body has the right to authorise re-use.(12) The time limit for replying to requests for re-use should be reasonable and in line with the equivalent time for requests to access the document under the relevant access regimes. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. Once a request for re-use has been granted, public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited. This is particularly important for dynamic content (e.g. traffic data), the economic value of which depends on the immediate availability of the information and of regular updates. Should a licence be used, the timely availability of documents may be a part of the terms of the licence.(13) The possibilities for re-use can be improved by limiting the need to digitise paper-based documents or to process digital files to make them mutually compatible. Therefore, public sector bodies should make documents available in any pre-existing format or language, through electronic means where possible and appropriate. Public sector bodies should view requests for extracts from existing documents favourably when to grant such a request would involve only a simple operation. Public sector bodies should not, however, be obliged to provide an extract from a document where this involves disproportionate effort. To facilitate re-use, public sector bodies should make their own documents available in a format which, as far as possible and appropriate, is not dependent on the use of specific software. Where possible and appropriate, public sector bodies should take into account the possibilities for the re-use of documents by and for people with disabilities.(14) Where charges are made, the total income should not exceed the total costs of collecting, producing, reproducing and disseminating documents, together with a reasonable return on investment, having due regard to the self-financing requirements of the public sector body concerned, where applicable. Production includes creation and collation, and dissemination may also include user support. Recovery of costs, together with a reasonable return on investment, consistent with applicable accounting principles and the relevant cost calculation method of the public sector body concerned, constitutes an upper limit to the charges, as any excessive prices should be precluded. The upper limit for charges set in this Directive is without prejudice to the right of Member States or public sector bodies to apply lower charges or no charges at all, and Member States should encourage public sector bodies to make documents available at charges that do not exceed the marginal costs for reproducing and disseminating the documents.(15) Ensuring that the conditions for re-use of public sector documents are clear and publicly available is a pre-condition for the development of a Community-wide information market. Therefore all applicable conditions for the re-use of the documents should be made clear to the potential re-users. Member States should encourage the creation of indices accessible on line, where appropriate, of available documents so as to promote and facilitate requests for re-use. Applicants for re-use of documents should be informed of available means of redress relating to decisions or practices affecting them. This will be particularly important for SMEs which may not be familiar with interactions with public sector bodies from other Member States and corresponding means of redress.(16) Making public all generally available documents held by the public sector - concerning not only the political process but also the legal and administrative process - is a fundamental instrument for extending the right to knowledge, which is a basic principle of democracy. This objective is applicable to institutions at every level, be it local, national or international.(17) In some cases the re-use of documents will take place without a licence being agreed. In other cases a licence will be issued imposing conditions on the re-use by the licensee dealing with issues such as liability, the proper use of documents, guaranteeing non-alteration and the acknowledgement of source. If public sector bodies license documents for re-use, the licence conditions should be fair and transparent. Standard licences that are available online may also play an important role in this respect. Therefore Member States should provide for the availability of standard licences.(18) If the competent authority decides to no longer make available certain documents for re-use, or to cease updating these documents, it should make these decisions publicly known, at the earliest opportunity, via electronic means whenever possible.(19) Conditions for re-use should be non-discriminatory for comparable categories of re-use. This should, for example, not prevent the exchange of information between public sector bodies free of charge for the exercise of public tasks, whilst other parties are charged for the re-use of the same documents. Neither should it prevent the adoption of a differentiated charging policy for commercial and non-commercial re-use.(20) Public sector bodies should respect competition rules when establishing the principles for re-use of documents avoiding as far as possible exclusive agreements between themselves and private partners. However, in order to provide a service of general economic interest, an exclusive right to re-use specific public sector documents may sometimes be necessary. This may be the case if no commercial publisher would publish the information without such an exclusive right.(21) This Directive should be implemented and applied in full compliance with the principles relating to the protection of personal data in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and of the free movement of such data(9).(22) The intellectual property rights of third parties are not affected by this Directive. For the avoidance of doubt, the term "intellectual property rights" refers to copyright and related rights only (including sui generis forms of protection). This Directive does not apply to documents covered by industrial property rights, such as patents, registered designs and trademarks. The Directive does not affect the existence or ownership of intellectual property rights of public sector bodies, nor does it limit the exercise of these rights in any way beyond the boundaries set by this Directive. The obligations imposed by this Directive should apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Public sector bodies should, however, exercise their copyright in a way that facilitates re-use.(23) Tools that help potential re-users to find documents available for re-use and the conditions for re-use can facilitate considerably the cross-border use of public sector documents. Member States should therefore ensure that practical arrangements are in place that help re-users in their search for documents available for re-use. Assets lists, accessible preferably online, of main documents (documents that are extensively re-used or that have the potential to be extensively re-used), and portal sites that are linked to decentralised assets lists are examples of such practical arrangements.(24) This Directive is without prejudice to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society(10) and Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases(11). It spells out the conditions within which public sector bodies can exercise their intellectual property rights in the internal information market when allowing re-use of documents.(25) Since the objectives of the proposed action, namely to facilitate the creation of Community-wide information products and services based on public sector documents, to enhance an effective cross-border use of public sector documents by private companies for added-value information products and services and to limit distortions of competition on the Community market, cannot be sufficiently achieved by the Member States and can therefore, in view of the intrinsic Community scope and impact of the said action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. This Directive should achieve minimum harmonisation, thereby avoiding further disparities between the Member States in dealing with the re-use of public sector documents,HAVE ADOPTED THIS DIRECTIVE:CHAPTER I GENERAL PROVISIONSArticle 1Subject matter and scope1. This Directive establishes a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the Member States.2. This Directive shall not apply to:(a) documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or in the absence of such rules as defined in line with common administrative practice in the Member State in question;(b) documents for which third parties hold intellectual property rights;(c) documents which are excluded from access by virtue of the access regimes in the Member States, including on the grounds of:- the protection of national security (i.e. State security), defence, or public security,- statistical or commercial confidentiality;(d) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit;(e) documents held by educational and research establishments, such as schools, universities, archives, libraries and research facilities including, where relevant, organisations established for the transfer of research results;(f) documents held by cultural establishments, such as museums, libraries, archives, orchestras, operas, ballets and theatres.3. This Directive builds on and is without prejudice to the existing access regimes in the Member States. This Directive shall not apply in cases in which citizens or companies have to prove a particular interest under the access regime to obtain access to the documents.4. This Directive leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Community and national law, and in particular does not alter the obligations and rights set out in Directive 95/46/EC.5. The obligations imposed by this Directive shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention and the TRIPS Agreement.Article 2DefinitionsFor the purpose of this Directive the following definitions shall apply:1. "public sector body" means the State, regional or local authorities, bodies governed by public law and associations formed by one or several such authorities or one or several such bodies governed by public law;2. "body governed by public law" means any body:(a) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; and(b) having legal personality; and(c) financed, for the most part by the State, or regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law;3. "document" means:(a) any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording);(b) any part of such content;4. "re-use" means the use by persons or legal entities of documents held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced. Exchange of documents between public sector bodies purely in pursuit of their public tasks does not constitute re-use;5. "personal data" means data as defined in Article 2(a) of Directive 95/46/EC.Article 3General principleMember States shall ensure that, where the re-use of documents held by public sector bodies is allowed, these documents shall be re-usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV. Where possible, documents shall be made available through electronic means.CHAPTER II REQUESTS FOR RE-USEArticle 4Requirements applicable to the processing of requests for re-use1. Public sector bodies shall, through electronic means where possible and appropriate, process requests for re-use and shall make the document available for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a reasonable time that is consistent with the time-frames laid down for the processing of requests for access to documents.2. Where no time limits or other rules regulating the timely provision of documents have been established, public sector bodies shall process the request and shall deliver the documents for re-use to the applicant or, if a licence is needed, finalise the licence offer to the applicant within a timeframe of not more than 20 working days after its receipt. This timeframe may be extended by another 20 working days for extensive or complex requests. In such cases the applicant shall be notified within three weeks after the initial request that more time is needed to process it.3. In the event of a negative decision, the public sector bodies shall communicate the grounds for refusal to the applicant on the basis of the relevant provisions of the access regime in that Member State or of the national provisions adopted pursuant to this Directive, in particular Article 1(2)(a), (b) and (c), or Article 3. Where a negative decision is based on Article 1(2)(b), the public sector body shall include a reference to the natural or legal person who is the rightholder, where known, or alternatively to the licensor from which the public sector body has obtained the relevant material.4. Any negative decision shall contain a reference to the means of redress in case the applicant wishes to appeal the decision.5. Public sector bodies covered under Article 1(2)(d), (e) and (f) shall not be required to comply with the requirements of this Article.CHAPTER III CONDITIONS FOR RE-USEArticle 5Available formats1. Public sector bodies shall make their documents available in any pre-existing format or language, through electronic means where possible and appropriate. This shall not imply an obligation for public sector bodies to create or adapt documents in order to comply with the request, nor shall it imply an obligation to provide extracts from documents where this would involve disproportionate effort, going beyond a simple operation.2. On the basis of this Directive, public sector bodies cannot be required to continue the production of a certain type of documents with a view to the re-use of such documents by a private or public sector organisation.Article 6Principles governing chargingWhere charges are made, the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Charges should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved.Article 7TransparencyAny applicable conditions and standard charges for the re-use of documents held by public sector bodies shall be pre-established and published, through electronic means where possible and appropriate. On request, the public sector body shall indicate the calculation basis for the published charge. The public sector body in question shall also indicate which factors will be taken into account in the calculation of charges for atypical cases. Public sector bodies shall ensure that applicants for re-use of documents are informed of available means of redress relating to decisions or practices affecting them.Article 8Licences1. Public sector bodies may allow for re-use of documents without conditions or may impose conditions, where appropriate through a licence, dealing with relevant issues. These conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.2. In Member States where licences are used, Member States shall ensure that standard licences for the re-use of public sector documents, which can be adapted to meet particular licence applications, are available in digital format and can be processed electronically. Member States shall encourage all public sector bodies to use the standard licences.Article 9Practical arrangementsMember States shall ensure that practical arrangements are in place that facilitate the search for documents available for re-use, such as assets lists, accessible preferably online, of main documents, and portal sites that are linked to decentralised assets lists.CHAPTER IV NON-DISCRIMINATION AND FAIR TRADINGArticle 10Non-discrimination1. Any applicable conditions for the re-use of documents shall be non-discriminatory for comparable categories of re-use.2. If documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the documents for those activities as apply to other users.Article 11Prohibition of exclusive arrangements1. The re-use of documents shall be open to all potential actors in the market, even if one or more market players already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies holding the documents and third parties shall not grant exclusive rights.2. However, where an exclusive right is necessary for the provision of a service in the public interest, the validity of the reason for granting such an exclusive right shall be subject to regular review, and shall, in any event, be reviewed every three years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public.3. Existing exclusive arrangements that do not qualify for the exception under paragraph 2 shall be terminated at the end of the contract or in any case not later than 31 December 2008.CHAPTER V FINAL PROVISIONSArticle 12ImplementationMember States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2005. They shall forthwith inform the Commission thereof.When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 13Review1. The Commission shall carry out a review of the application of this Directive before 1 July 2008 and shall communicate the results of this review, together with any proposals for modifications of the Directive, to the European Parliament and the Council.2. The review shall in particular address the scope and impact of this Directive, including the extent of the increase in re-use of public sector documents, the effects of the principles applied to charging and the re-use of official texts of a legislative and administrative nature, as well as further possibilities of improving the proper functioning of the internal market and the development of the European content industry.Article 14Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 15AddresseesThis Directive is addressed to the Member States.Done at Brussels, 17 November 2003.For the ParliamentP. CoxThe PresidentFor the CouncilG. AlemannoThe President(1) OJ C 227 E, 24.9.2002, p. 382.(2) OJ C 85, 8.4.2003, p. 25.(3) OJ C 73, 26.3.2003, p. 38.(4) Opinion of the European Parliament of 12 February 2003 (not yet published in the Official Journal), Council Common Position of 26 May 2003 (OJ C 159 E, 8.7.2003, p. 1) and Position of the European Parliament of 25 September 2003 (not yet published in the Official Journal). Council Decision of 27 October 2003.(5) OJ L 209, 24.7.1992, p. 1. Directive as last amended by Commission Directive 2001/78/EC (OJ L 285, 29.10.2001, p. 1).(6) OJ L 199, 9.8.1993, p. 1. Directive as last amended by Commission Directive 2001/78/EC.(7) OJ L 199, 9.8.1993, p. 54. Directive as last amended by Commission Directive 2001/78/EC.(8) OJ L 101, 1.4.1998, p. 1.(9) OJ L 281, 23.11.1995, p. 31.(10) OJ L 167, 22.6.2001, p. 10.(11) OJ L 77, 27.3.1996, p. 20.


title: Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania

text:
               20.12.2006

               EN

               Official Journal of the European Union

               L 363/344

         COUNCIL DIRECTIVE 2006/103/EC
   of 20 November 2006
   adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Pursuant to Article 56 of the Act of Accession, where acts of the institutions remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts are to be adopted by the Council, unless the Commission adopted the original act.

               (2)

               The Final Act of the Conference which drew up the Treaty of Accession indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt these adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directives 82/714/EEC (2), 91/439/EEC (3), 91/440/EEC (4), 91/672/EEC (5), 92/106/EEC (6), 96/26/EC (7), 1999/37/EC (8), 1999/62/EC (9) and 2003/59/EC (10) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 82/714/EEC, 91/439/EEC, 91/440/EEC, 91/672/EEC, 92/106/EEC, 96/26/EC, 1999/37/EC, 1999/62/EC and 2003/59/EC shall be amended as set out in the Annex.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession of Bulgaria and Romania to the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, 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 reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 20 November 2006

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ L 157, 21.6.2005, p. 11.

      (2)  OJ L 301, 28.10.1982, p. 1.

      (3)  OJ L 237, 24.8.1991, p. 1.

      (4)  OJ L 237, 24.8.1991, p. 25.

      (5)  OJ L 373, 31.12.1991, p. 29.

      (6)  OJ L 368, 17.12.1992, p. 38.

      (7)  OJ L 124, 23.5.1996, p. 1.

      (8)  OJ L 138, 1.6.1999, p. 57.

      (9)  OJ L 187, 20.7.1999, p. 42.

      (10)  OJ L 226, 10.9.2003, p.4.

      ANNEX
      TRANSPORT POLICY
      A.   ROAD TRANSPORT

                  1.

                  31991 L 0439: Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ L 237, 24.8.1991, p. 1), as amended by:

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              31994 L 0072: Council Directive 94/72/EC of 19.12.1994 (OJ L 337, 24.12.1994, p. 86),

                              —

                              31996 L 0047: Council Directive 96/47/EC of 23.7.1996 (OJ L 235, 17.9.1996, p. 1),

                              —

                              31997 L 0026: Council Directive 97/26/EC of 2.6.1997 (OJ L 150, 7.6.1997, p. 41),

                              —

                              32000 L 0056: Commission Directive 2000/56/EC of 14.9.2000 (OJ L 237, 21.9.2000, p. 45),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 L 0059: Directive 2003/59/EC of the European Parliament and of the Council of 15.7.2003 (OJ L 226, 10.9.2003, p. 4),

                              —

                              32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

                              (a)

                              In Annex I, point 2, the third indent below the words ‘page 1 shall contain:’ is replaced by the following:

                                          ‘—

                                          the distinguishing sign of the Member State issuing the licence, whose signs shall be as follows:

                                                      B

                                                      :

                                                      Belgium

                                                      BG

                                                      :

                                                      Bulgaria

                                                      CZ

                                                      :

                                                      The Czech Republic

                                                      DK

                                                      :

                                                      Denmark

                                                      D

                                                      :

                                                      Germany

                                                      EST

                                                      :

                                                      Estonia

                                                      GR

                                                      :

                                                      Greece

                                                      E

                                                      :

                                                      Spain

                                                      F

                                                      :

                                                      France

                                                      IRL

                                                      :

                                                      Ireland

                                                      I

                                                      :

                                                      Italy

                                                      CY

                                                      :

                                                      Cyprus

                                                      LV

                                                      :

                                                      Latvia

                                                      LT

                                                      :

                                                      Lithuania

                                                      L

                                                      :

                                                      Luxembourg

                                                      H

                                                      :

                                                      Hungary

                                                      M

                                                      :

                                                      Malta

                                                      NL

                                                      :

                                                      The Netherlands

                                                      A

                                                      :

                                                      Austria

                                                      PL

                                                      :

                                                      Poland

                                                      P

                                                      :

                                                      Portugal

                                                      RO

                                                      :

                                                      Romania

                                                      SLO

                                                      :

                                                      Slovenia

                                                      SK

                                                      :

                                                      Slovakia

                                                      FIN

                                                      :

                                                      Finland

                                                      S

                                                      :

                                                      Sweden

                                                      UK

                                                      :

                                                      The United Kingdom’.

                              (b)

                              In Annex I, point 3, the second paragraph is replaced by the following:
                              ‘If a Member State wishes to make those entries in a national language other than one of the following languages: Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish or Swedish, it will draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex.’.

                              (c)

                              In Annex Ia, point 2(c) is replaced by the following:

                                          ‘(c)

                                          the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:

                                                      B

                                                      :

                                                      Belgium

                                                      BG

                                                      :

                                                      Bulgaria

                                                      CZ

                                                      :

                                                      The Czech Republic

                                                      DK

                                                      :

                                                      Denmark

                                                      D

                                                      :

                                                      Germany

                                                      EST

                                                      :

                                                      Estonia

                                                      GR

                                                      :

                                                      Greece

                                                      E

                                                      :

                                                      Spain

                                                      F

                                                      :

                                                      France

                                                      IRL

                                                      :

                                                      Ireland

                                                      I

                                                      :

                                                      Italy

                                                      CY

                                                      :

                                                      Cyprus

                                                      LV

                                                      :

                                                      Latvia

                                                      LT

                                                      :

                                                      Lithuania

                                                      L

                                                      :

                                                      Luxembourg

                                                      H

                                                      :

                                                      Hungary

                                                      M

                                                      :

                                                      Malta

                                                      NL

                                                      :

                                                      The Netherlands

                                                      A

                                                      :

                                                      Austria

                                                      PL

                                                      :

                                                      Poland

                                                      P

                                                      :

                                                      Portugal

                                                      RO

                                                      :

                                                      Romania

                                                      SLO

                                                      :

                                                      Slovenia

                                                      SK

                                                      :

                                                      Slovakia

                                                      FIN

                                                      :

                                                      Finland

                                                      S

                                                      :

                                                      Sweden

                                                      UK

                                                      :

                                                      The United Kingdom’.

                              (d)

                              In Annex Ia, point 2(e) is replaced by the following:

                                          ‘(e)

                                          the words “European Communities model” in the language(s) of the Member State issuing the licence and the words “Driving Licence” in the other languages of the Community, printed in pink to form the background of the licence:

                                                      Свидетелство за управление на МПС

                                                      Permiso de Conducción

                                                      Řidičský průkaz

                                                      Kørekort

                                                      Führerschein

                                                      Juhiluba

                                                      Άδεια Οδήγησης

                                                      Driving Licence

                                                      Permis de conduire

                                                      Ceadúnas Tiomána

                                                      Patente di guida

                                                      Vadītāja apliecība

                                                      Vairuotojo pažymėjimas

                                                      Vezetői engedély

                                                      Liċenzja tas-Sewqan

                                                      Rijbewijs

                                                      Prawo Jazdy

                                                      Carta de Condução

                                                      Permis de conducere

                                                      Vodičský preukaz

                                                      Vozniško dovoljenje

                                                      Ajokortti

                                                      Körkort’;

                              (e)

                              In Annex Ia, point 2(b) below the words ‘Page 2 shall contain’ is replaced by the following:
                              ‘If a Member State wishes to make the entries in a national language other than one of the following languages: Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish or Swedish it will draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex.’.

                  2.

                  31992 L 0106: Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38), as amended by:

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

                        In Article 6(3), the following is inserted between the entries for Belgium and the Czech Republic:
                  ‘—   Bulgaria:
                  данък върху превозните средства;’
                  and, between the entries for Portugal and Slovenia:
                  ‘—   Romania:
                  Taxa asupra mijloacelor de transport;’.

                  3.

                  31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (OJ L 124, 23.5.1996, p. 1), as last amended by:

                              —

                              31998 L 0076: Council Directive 98/76/EC of 1.10.1998 (OJ L 277, 14.10.1998, p. 17),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).

                        In Annex Ia, footnote 1 is replaced by the following:

                              ‘1

                              Distinctive symbol of the State: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (GR) Greece, (E) Spain, (F) France, (IRL) Ireland, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (M) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.’.

                  4.

                  31999 L 0037: Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57), as amended by:

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 L 0127: Commission Directive 2003/127/EC of 23.12.2003 (OJ L 10, 16.1.2004, p. 29).

                              (a)

                              In Annex I, point II.4, the following is inserted after the entry for Belgium:

                                          ‘BG

                                          :

                                          Bulgaria’

                                    and, after the entry for Portugal:

                                          ‘RO

                                          :

                                          Romania’.

                              (b)

                              In Annex I, point III.1.A(b), the following is inserted after the entry for Belgium:

                                          ‘BG

                                          :

                                          Bulgaria’

                                    and, after the entry for Portugal:

                                          ‘RO

                                          :

                                          Romania’.

                              (c)

                              In Annex II, point II.4, the following is inserted after the entry for Belgium:

                                          ‘BG

                                          :

                                          Bulgaria’

                                    and, after the entry for Portugal:

                                          ‘RO

                                          :

                                          Romania’.

                              (d)

                              In Annex II, point III.1.A(b), the following is inserted after the entry for Belgium:

                                          ‘BG

                                          :

                                          Bulgaria’

                                    and, after the entry for Portugal:

                                          ‘RO

                                          :

                                          Romania’.

                  5.

                  31999 L 0062: Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42), as amended by:

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32006 L 0038: Directive 2006/38/EC of the European Parliament and of the Council of 17.5.2006 (OJ L 157, 9.6.2006, p. 8).

                        In Article 3(1), the following is inserted between the entries for Belgium and the Czech Republic:
                  ‘—   Bulgaria:
                  данък върху превозните средства,’;
                  and, between the entries for Portugal and Slovenia:
                  ‘—   Romania:
                  Taxa asupra mijloacelor de transport.’.

                  6.

                  32003 L 0059: Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4), as amended by:

                              —

                              32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).

                              (a)

                              In Annex II, point 2 below the words ‘side 1 contains’ under point (c), the following is inserted between the entries for Belgium and the Czech Republic:

                                          ‘BG

                                          :

                                          Bulgaria’

                                    and, between the entries for Portugal and Slovenia:

                                          ‘RO

                                          :

                                          Romania’.

                              (b)

                              In Annex II, point 2 below the words ‘side 1 contains’ under point (e), the following is inserted before the entry for the Czech Republic:
                              ‘карта за квалификация на водача’
                              and, between the entries for Portugal and Slovakia:
                              ‘Cartela de pregătire profesională a conducătorului auto’.

                              (c)

                              In Annex II, point 2, below the words ‘side 2 contains’, the second sentence of point (b) is replaced by the following:
                              ‘If a Member State wishes to word these entries in a national language other than one of the following languages: Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish, it shall draw up a bilingual version of the card using one of the abovementioned languages, without prejudice to the other provisions of this Annex.’

            B.   TRANSPORT BY RAIL
      31991 L 0440: Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (OJ L 237, 24.8.1991, p. 25), as amended by:

                  —

                  32001 L 0012: Directive 2001/12/EC of the European Parliament and of the Council of 26.2.2001 (OJ L 75, 15.3.2001, p. 1),

                  —

                  12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                  —

                  32004 L 0051: Directive 2004/51/EC of the European Parliament and of the Council of 29.4.2004 (OJ L 164, 30.4.2004, p. 164).

            In Annex I, the following is inserted in the list of ports after the entries for Belgium:

         ‘БЪЛГАРИЯ
         Варна
         Бургас
         Русе
         Лом
         Видин’;

      and, after the entries for Portugal:

         ‘ROMÂNIA
         Constanţa
         Mangalia
         Midia
         Tulcea
         Galaţi
         Brăila
         Medgidia
         Olteniţa
         Giurgiu
         Zimnicea
         Calafat
         Turnu Severin
         Orşova’

      C.   TRANSPORT BY INLAND WATERWAY

                  1.

                  31982 L 0714: Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (OJ L 301, 28.10.1982, p. 1), as amended by:

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

                        Annex I is amended as follows:

                              (i)

                              the following is added to ‘CHAPTER II’, ‘Zone 3’:
                              ‘Republic of Bulgaria
                              Danube: from rkm 845,650 to rkm 374,100’,
                              ‘Romania
                              Danube: from the Serbian-Montenegro — Romanian border (km 1075) to the Black Sea on the Sulina branch,
                              Danube — Black Sea Canal (64,410 km length): from the junction with the Danube river, at km 299,300 of the Danube at Cernavodă (respectively km 64 and km 410 of the Canal), to the Port of Constanta South — Agigea (km “0” of the Canal),
                              Poarta Albă — Midia Năvodari Canal (34,600 km length): from the junction with the Danube — Black Sea Canal at km 29 and km 410 at Poarta Albă (respectively km 27 and km 500 of the Canal) to the Port of Midia (km “0” of the Canal)’;

                              (ii)

                              the following is added to ‘CHAPTER III’, ‘Zone 4’:

                                 ‘Romania

                              All other waterways not listed in Zone 3.’.

                  2.

                  31991 L 0672: Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (OJ L 373, 31.12.1991, p. 29), as amended by:

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

                              (a)

                              Annex I is amended as follows:

                                          (i)

                                          under the heading ‘GROUP A’ the following is added:
                                          ‘Romania:

                                                      —

                                                      brevet de căpitan fluvial categoria A (boatmaster's A certificate) (in accordance with the Order of the Minister of Public Works, Transport and Housing No 984/04.07.2001 approving the Regulation on the issue of national capacity certificates for river sailing personnel, M.Of., p. I, nr. 441/6.VIII.2001).’;

                                          (ii)

                                          under the heading ‘GROUP B’ the following is added:
                                          ‘Republic of Bulgaria:

                                                      —

                                                      Свидетелство за правоспособност “Капитан вътрешно плаване” (certificate of competence for inland navigation master)

                                                      —

                                                      Свидетелство за правоспособност “Щурман вътрешно плаване” (certificate of competence for inland navigation watch-keeping officer) (Наредба № 6 от 25.7.2003 г. на министъра на транспорта и съобщенията за компетентност на морските лица в Република България, обн. ДВ, бр.83 от 2003 г. In accordance with Ordinance No 6 of 25 July 2003 of the Minister of Transport and Communications on seafarers' competence in the Republic of Bulgaria, DV No. 83/2003).’,

                                                ‘Romania

                                                      —

                                                      brevet de căpitan fluvial categoria B (boatmaster's B certificate) (in accordance with the Order of the Minister of Public Works, Transport and Housing No 984/04.07.2001 approving the Regulation on the issue of national capacity certificates for river sailing personnel, M.Of., p. I, nr. 441/6.VIII.2001).’;

                              (b)

                              in Annex II, the following is added:
                              ‘Romania
                              Danube: from Brăila (km 175) to the Black Sea on the Sulina branch’.


Avis juridique important

|

31989L0391

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

Official Journal L 183 , 29/06/1989 P. 0001 - 0008 Finnish special edition: Chapter 5 Volume 4 P. 0146  Swedish special edition: Chapter 5 Volume 4 P. 0146

COUNCIL DIRECTIVE of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (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 (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 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 guarantee a better level of protection of 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 State being committed, under the Treaty,  to encouraging improvements in conditions in this area and to harmonizing conditions while maintaining the improvements made;  Whereas it is known that workers can be exposed to the effects of dangerous environmental factors at the work place during the course of their working life;   Whereas, pursuant to Article 118a of the Treaty, such Directives must avoid imposing administrative, financial and legal constraints which would hold back the creation and development of small and medium-sized undertakings;  Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work (4) provides for the adoption of Directives designed to guarantee the safety and health of workers;  Whereas the Council, in its resolution of 21 December 1987 on safety, hygiene and health at work (5), took note of the Commission's intention to submit to the Council in the near future a Directive on the organization of the safety and health of workers  at the work place;  Whereas in February 1988 the European Parliament adopted four resolutions following the debate on the internal market and worker protection; whereas these resolutions specifically invited the Commission to draw up a framework Directive to serve as a  basis for more specific Directives covering all the risks connected with safety and health at the work place;  Whereas Member States have a responsibility to encourage improvements in the safety and health of workers on their territory; whereas taking measures to protect the health and safety of workers at work also helps, in certain cases, to preserve the  health and possibly the safety of persons residing with them;   Whereas Member States' legislative systems covering safety and health at the work place differ widely and need to be improved; whereas national provisions on the subject, which often include technical specifications and/or self-regulatory standards, may  result in different levels of safety and health protection and allow competition at the expense of safety and health;  Whereas the incidence of accidents at work and occupational diseases is still too high; whereas preventive measures must be introduced or improved without delay in order to safeguard the safety and health of workers and ensure a higher degree of  protection;  Whereas, in order to ensure an improved degree of protection, workers and/or their representatives must be informed of the risks to their safety and health and of the measures required to reduce or eliminate these risks; whereas they must also be in a  position to contribute, by means of balanced participation in accordance with national laws and/or practices, to seeing that the necessary protective measures are taken;  Whereas information, dialogue and balanced participation on safety and health at work must be developed between employers and workers and/or their representatives by means of appropriate procedures and instruments, in accordance with national laws  and/or practices;  Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations;  Whereas employers shall be obliged to keep themselves informed of the latest advances in technology and scientific findings concerning work-place design, account being taken of the inherent dangers in their undertaking, and to inform accordingly the  workers' representatives exercising participation rights under this Directive, so as to be able to guarantee a better level of protection of workers' health and safety;  Whereas the provisions of this Directive apply, without prejudice to more stringent present or future Community provisions, to all risks, and in particular to those arising from the use at work of chemical, physical and biological agents covered by  Directive 80/1107/EEC (6), as last amended by Directive 88/642/EEC (7);  Whereas, pursuant to Decision 74/325/EEC (8), 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 a Committee composed of members nominated by the Member States needs to be set up to assist the Commission in making the technical adaptations to the individual Directives provided for in this Directive.  HAS ADOPTED THIS DIRECTIVE:    SECTION I GENERAL PROVISIONS  Article 1 Object 1.  The object of this Directive is to introduce measures to encourage improvements in the safety and health of workers at work.  2.  To that end it contains general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with  national laws and/or practices and training of workers and their representatives, as well as general guidelines for the implementation of the said principles.  3.  This Directive shall be without prejudice to existing or future national and Community provisions which are more favourable to protection of the safety and health of workers at work.   Article 2 Scope 1.  This Directive shall apply to all sectors of activity, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc.).  2.  This Directive shall not be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with  it.  In that event, the safety and health of workers must be ensured as far as possible in the light of the objectives of this Directive.   Article 3 Definitions For the purposes of this Directive, the following terms shall have the following meanings:  (a)  worker: any person employed by an employer, including trainees and apprentices but excluding domestic servants;  (b)  employer: any natural or legal person who has an employment relationship with the worker and has responsibility for the undertaking and/or establishment;  (c)  workers' representative with specific responsibility for the safety and health of workers: any person elected, chosen or designated in accordance with national laws and/or practices to represent workers where problems arise relating to the safety  and health protection of workers at work;  (d)  prevention: all the steps or measures taken or planned at all stages of work in the undertaking to prevent or reduce occupational risks.   Article 4 1.  Member States shall take the necessary steps to ensure that employers, workers and workers' representatives are subject to the legal provisions necessary for the implementation of this Directive.  2.  In particular, Member States shall ensure adequate controls and supervision.SECTION II EMPLOYERS' OBLIGATIONS  Article 5 General provision 1.  The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work.  2.  Where, pursuant to Article 7 (3), an employer enlists competent external services or persons, this shall not discharge him from his responsibilities in this area.  3.  The workers' obligations in the field of safety and health at work shall not affect the principle of the responsibility of the employer.  4.  This Directive shall not restrict the option of Member States to provide for the exclusion or the limitation of employers' responsibility where occurrences are due to unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events, the consequences of which could not have been avoided despite the exercise of all due care.  Member States need not exercise the option referred to in the first subparagraph.   Article 6 General obligations on employers 1.  Within the context of his responsibilities, the employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of  the necessary organization and means.  The employer shall be alert to the need to adjust these measures to take account of changing circumstances and aim to improve existing situations.  2.  The employer shall implement the measures referred to in the first subparagraph of paragraph 1 on the basis of the following general principles of prevention:  (a) avoiding risks;  (b) evaluating the risks which cannot be avoided:  (c) combating the risks at source;  (d) adapting the work to the individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined  work-rate and to reducing their effect on health.  (e) adapting to technical progress;  (f) replacing the dangerous by the non-dangerous or the less dangerous;  (g) developing a coherent overall prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors related to the working environment;  (h) giving collective protective measures priority over individual protective measures;  (i) giving appropriate instructions to the workers.  3.  Without prejudice to the other provisions of this Directive, the employer shall, taking into account the nature of the activities of the enterprise and/or establishment:  (a)  evaluate the risks to the safety and health of workers, inter alia in the choice of work equipment, the chemical substances or preparations used, and the fitting-out of work places.  Subsequent to this evaluation and as necessary, the preventive measures and the working and production methods implemented by the employer must:  - assure an improvement in the level of protection afforded to workers with regard to safety and health,  - be integrated into all the activities of the undertaking and/or establishment and at all hierarchical levels;  (b)  where he entrusts tasks to a worker, take into consideration the worker's capabilities as regards health and safety;  (c)  ensure that the planning and introduction of new technologies are the subject of consultation with the workers and/or their representatives, as regards the consequences of the choice of equipment, the working conditions and the working environment  for the safety and health of workers;  (d)  take appropriate steps to ensure that only workers who have received adequate instructions may have access to areas where there is serious and specific danger.  4.  Without prejudice to the other provisions of this Directive, where several undertakings share a work place, the employers shall cooperate in implementing the safety, health and occupational hygiene provisions and, taking into account the nature of  the activities, shall coordinate their actions in matters of the protection and prevention of occupational risks, and shall inform one another and their respective workers and/or workers' representatives of these risks.  5.  Measures related to safety, hygiene and health at work may in no circumstances involve the workers in financial cost.   Article 7 Protective and preventive services 1.  Without prejudice to the obligations referred to in Articles 5 and 6, the employer shall designate one or more workers to carry out activities related to the protection and prevention of occupational risks for the undertaking and/or establishment.  2.  Designated workers may not be placed at any disadvantage because of their activities related to the protection and prevention of occupational risks.  Designated workers shall be allowed adequate time to enable them to fulfil their obligations arising from this Directive.  3.  If such protective and preventive measures cannot be organized for lack of competent personnel in the undertaking and/or establishment, the employer shall enlist competent external services or persons.  4.  Where the employer enlists such services or persons, he shall inform them of the factors known to affect, or suspected of affecting, the safety and health of the workers and they must have access to the information referred to in Article 10 (2).  5.  In all cases:  - the workers designated must have the necessary capabilities and the necessary means,  - the external services or persons consulted must have the necessary aptitudes and the necessary personal and professional means, and - the workers designated and the external services or persons consulted must be sufficient in number to deal with the organization of protective and preventive measures, taking into account the size of the undertaking and/or establishment and/or the hazards to which the workers are exposed and their distribution throughout the entire undertaking and/or  establishment.  6.  The protection from, and prevention of, the health and safety risks which form the subject of this Article shall be the responsibility of one or more workers, of one service or of separate services whether from inside or outside the undertaking  and/or establishment.  The worker(s) and/or agency(ies) must work together whenever necessary.  7.  Member States may define, in the light of the nature of the activities and size of the undertakings, the categories of undertakings in which the employer, provided he is competent, may himself take responsibility for the measures referred to in  paragraph 1.  8.  Member States shall define the necessary capabilities and aptitudes referred to in paragraph 5.  They may determine the sufficient number referred to in paragraph 5.   Article 8 First aid, fire-fighting and evacuation of workers, serious and imminent danger 1.  The employer shall:  - take the necessary measures for first aid, fire-fighting and evacuation of workers, adapted to the nature of the activities and the size of the undertaking and/or establishment and taking into account other persons present,  - arrange any necessary contacts with external services, particularly as regards first aid, emergency medical care, rescue work and fire-fighting.  2.  Pursuant to paragraph 1, the employer shall, inter alia, for first aid, fire-fighting and the evacuation of workers, designate the workers required to implement such measures.  The number of such workers, their training and the equipment available to them shall be adequate, taking account of the size and/or specific hazards of the undertaking and/or establishment.  3.  The employer shall:  (a)  as soon as possible, inform all workers who are, or may be, exposed to serious and imminent danger of the risk involved and of the steps taken or to be taken as regards protection;  (b)  take action and give instructions to enable workers in the event of serious, imminent and unavoidable danger to stop work and/or immediately to leave the work place and proceed to a place of safety;  (c)  save in exceptional cases for reasons duly substantiated, refrain from asking workers to resume work in a working situation where there is still a serious and imminent danger.  4.  Workers who, in the event of serious, imminent and unavoidable danger, leave their workstation and/or a dangerous area may not be placed at any disadvantage because of their action and must be protected against any harmful and unjustified  consequences, in accordance with national laws and/or practices.  5.  The employer shall ensure that all workers are able, in the event of serious and imminent danger to their own safety and/or that of other persons, and where the immediate superior responsible cannot be contacted, to take the appropriate steps in the  light of their knowledge and the technical means at their disposal, to avoid the consequences of such danger.  Their actions shall not place them at any disadvantage, unless they acted carelessly or there was negligence on their part.   Article 9 Various obligations on employers 1.  The employer shall:  (a)  be in possession of an assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks;  (b)  decide on the protective measures to be taken and, if necessary, the protective equipment to be used;  (c)  keep a list of occupational accidents resulting in a worker being unfit for work for more than three working days;  (d)  draw up, for the responsible authorities and in accordance with national laws and/or practices, reports on occupational accidents suffered by his workers.  2.  Member States shall define, in the light of the nature of the activities and size of the undertakings, the obligations to be met by the different categories of undertakings in respect of the drawing-up of the documents provided for in paragraph 1  (a) and (b) and when preparing the documents provided for in paragraph 1 (c) and (d).   Article 10 Worker information 1.  The employer shall take appropriate measures so that workers and/or their representatives in the undertaking and/or establishment receive, in accordance with national laws and/or practices which may take account, inter alia, of the size of the  undertaking and/or establishment, all the necessary information concerning:  (a)  the safety and health risks and protective and preventive measures and activities in respect of both the undertaking and/or establishment in general and each type of workstation and/or job;  (b)  the measures taken pursuant to Article 8 (2).  2.  The employer shall take appropriate measures so that employers of workers from any outside undertakings and/or establishments engaged in work in his undertaking and/or establishment receive, in accordance with national laws and/or practices,  adequate information concerning the points referred to in paragraph 1 (a) and (b) which is to be provided to the workers in question.  3.  The employer shall take appropriate measures so that workers with specific functions in protecting the safety and health of workers, or workers' representatives with specific responsibility for the safety and health of workers shall have access, to  carry out their functions and in accordance with national laws and/or practices, to:  (a)  the risk assessment and protective measures referred to in Article 9 (1) (a) and (b);  (b)  the list and reports referred to in Article 9 (1) (c) and (d);  (c)  the information yielded by protective and preventive measures, inspection agencies and bodies responsible for safety and health.   Article 11 Consultation and participation of workers 1.  Employers shall consult workers and/or their representatives and allow them to take part in discussions on all questions relating to safety and health at work.  This presupposes:  - the consultation of workers,  - the right of workers and/or their representatives to make proposals,  - balanced participation in accordance with national laws and/or practices.  2.  Workers or workers' representatives with specific responsibility for the safety and health of workers shall take part in a balanced way, in accordance with national laws and/or practices, or shall be consulted in advance and in good time by the  employer with regard to:  (a)  any measure which may substantially affect safety and health;  (b)  the designation of workers referred to in Articles 7 (1) and 8 (2) and the activities referred to in Article 7 (1);  (c)  the information referred to in Articles 9 (1) and 10;  (d)  the enlistment, where appropriate, of the competent services or persons outside the undertaking and/or establishment, as referred to in Article 7 (3);  (e)  the planning and organization of the training referred to in Article 12.  3.  Workers' representatives with specific responsibility for the safety and health of workers shall have the right to ask the employer to take appropriate measures and to submit proposals to him to that end to mitigate hazards for workers and/or to  remove sources of danger.  4.  The workers referred to in paragraph 2 and the workers' representatives referred to in paragraphs 2 and 3 may not be placed at a disadvantage because of their respective activities referred to in paragraphs 2 and 3.  5.  Employers must allow workers' representatives with specific responsibility for the safety and health of workers adequate time off work, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions deriving from this Directive.  6.  Workers and/or their representatives are entitled to appeal, in accordance with national law and/or practice, to the authority responsible for safety and health protection at work if they consider that the measures taken and the means employed by  the employer are inadequate for the purposes of ensuring safety and health at work.  Workers' representatives must be given the opportunity to submit their observations during inspection visits by the competent authority.   Article 12 Training of workers 1.  The employer shall ensure that each worker receives adequate safety and health training, in particular in the form of information and instructions specific to his workstation or job:  - on recruitment,  - in the event of a transfer or a change of job,  - in the event of the introduction of new work equipment or a change in equipment,  - in the event of the introduction of any new technology.  The training shall be:  - adapted to take account of new or changed risks, and - repeated periodically if necessary.  2.  The employer shall ensure that workers from outside undertakings and/or establishments engaged in work in his undertaking and/or establishment have in fact received appropriate instructions regarding health and safety risks during their activities  in his undertaking and/or establishment.  3.  Workers' representatives with a specific role in protecting the safety and health of workers shall be entitled to appropriate training.  4.  The training referred to in paragraphs 1 and 3 may not be at the workers' expense or at that of the workers' representatives.  The training referred to in paragraph 1 must take place during working hours.  The training referred to in paragraph 3 must take place during working hours or in accordance with national practice either within or outside the undertaking and/or the establishment.SECTION III WORKERS' OBLIGATIONS  Article 13 1.  It shall be the responsibility of each worker to take care as far as possible of his own safety and health and that of other persons affected by his acts or Commissions at work in accordance with his training and the instructions given by  his employer.  2.  To this end, workers must in particular, in accordance with their training and the instructions given by their employer:  (a) make correct use of machinery, apparatus, tools, dangerous substances, transport equipment and other means of production;  (b) make correct use of the personal protective equipment supplied to them and, after use, return it to its proper place;  (c) refrain from disconnecting, changing or removing arbitrarily safety devices fitted, e.g. to machinery, apparatus, tools, plant and buildings, and use such safety devices correctly;  (d) immediately inform the employer and/or the workers with specific responsibility for the safety and health of workers of any work situation they have reasonable grounds for considering represents a serious and immediate danger to safety and health and of  any shortcomings in the protection arrangements;  (e) cooperate, in accordance with national practice, with the employer and/or workers with specific responsibility for the safety and health of workers, for as long as may be necessary to enable any tasks or requirements imposed by the competent authority  to protect the safety and health of workers at work to be carried out;  (f) cooperate, in accordance with national practice, with the employer and/or workers with specific responsibility for the safety and health of workers, for as long as may be necessary to enable the employer to ensure that the working environment and  working conditions are safe and pose no risk to safety and health within their field of activity.  SECTION IV MISCELLANEOUS PROVISIONS  Article 14 Health surveillance 1.  To ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, measures shall be introduced in accordance with national law and/or practices.  2.  The measures referred to in paragraph 1 shall be such that each worker, if he so wishes, may receive health surveillance at regular intervals.  3.  Health surveillance may be provided as part of a national health system.   Article 15 Risk groups Particularly sensitive risk groups must be protected against the dangers which specifically affect them.   Article 16 Individual Directives - Amendments - General scope of this Directive 1.  The Council, acting on a proposal from the Commission based on Article 118a of the Treaty, shall adopt individual Directives, inter alia, in the areas listed in the Annex.  2.  This Directive and, without prejudice to the procedure referred to in Article 17 concerning technical adjustments, the individual Directives may be amended in accordance with the procedure provided for in Article 118a of the Treaty.  3.  The provisions of this Directive shall apply in full to all the areas covered by the individual Directives, without prejudice to more stringent and/or specific provisions contained in these individual Directives.   Article 17 Committee 1.  For the purely technical adjustments to the individual Directives provided for in Article 16 (1) to take account of:  - the adoption of Directives in the field of technical harmonization and standardization, and/or - technical progress, changes in international regulations or specifications, and new findings,  the Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.  2.  The representative of the Commission shall submit to the committee a draft of the measures to be taken.  The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter.  The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission.  The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  3.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of three months from the date of the referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.   Article 18 Final provisions 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1992.  They shall forthwith inform the Commission thereof.  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 five 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. 4.  The Commission shall submit periodically 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 to 3.   Article 19 This Directive is addressed to the Member States.    Done at Luxembourg, 12 June 1989.  For the Council The President M. CHAVES GONZALES   (1) OJ No C 141, 30. 5. 1988, p. 1. (2) OJ No C 326, 19. 12. 1988, p. 102, and OJ No C 158, 26. 6. 1989. (3) OJ No C 175, 4. 7. 1988, p. 22.(4) OJ No C 28, 3. 2. 1988, p. 3. (5) OJ No C 28, 3. 2. 1988, p. 1.(6) OJ No L 327, 3. 12. 1980, p. 8. (7) OJ No L 356, 24. 12. 1988, p. 74. (8) OJ No L 185, 9. 7. 1974, p. 15.   ANNEX   List of areas referred to in Article 16 (1)  - Work places - Work equipment - Personal protective equipment - Work with visual display units - Handling of heavy loads involving risk of back injury - Temporary or mobile work sites - Fisheries and agriculture