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31992L0104

Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 404 , 31/12/1992 P. 0010 - 0025 Finnish special edition: Chapter 5 Volume 6 P. 0027  Swedish special edition: Chapter 5 Volume 6 P. 0027

COUNCIL DIRECTIVE 92/104/ EEC of 3 December 1992 on the minimum requirements for  improving the safety and health protection of workers in surface and underground mineral-extracting  industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive  89/391/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  118a thereof, Having regard to the proposal from the Commission  (1), drawn up after consultation with the Safety  and Health Commission for the Mining and Other Extractive Industries, 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, pursuant to that Article, such Directives must avoid imposing administrative, financial  and legal constraints in a way which would hold back the creation and development of small and  medium-sized undertakings; Whereas the improvement of workers' safety, hygiene and health at works is an objective which  should not be subordinated to purely economic considerations; Whereas Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health  requirements for the workplace (first individual Directive within the meaning of Article 16 (1) of  Directive 89/391/EEC)  (4) does not apply to the extractive industries; Whereas compliance with the minimum requirements designed to guarantee a better standard of safety  and health for surface and underground mineral-extracting industries is essential to ensure the  safety and health of workers; Whereas surface and underground mineral-extracting industries constitute an area of activity likely  to expose workers to particularly high levels of risk; Whereas this Directive is an individual Directive within the meaning of Article 16 (1) of Council  Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in  the safety and health of workers at work  (5); whereas, therefore, the provisions of the said  Directive apply in full to surface and underground mineral-extracting industries without prejudice  to more stringent and/or specific provisions contained in this Directive; Whereas the ancillary surface installations of surface and underground mineral-extracting  industries which are not essential to the surface and underground mineral-extracting industries as  defined in Article 2 (a) of this Directive are subject to the provisions of Directive 89/654/EEC; Whereas, on 3 November 1992, the Council adopted Directive 92/91/EEC on the minimum requirements  for improving the safety and health protection of workers in the mineral-extracting industries  through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive  89/391/EEC)  (6); Whereas this Directive is a practical contribution towards creating the social dimension of the  internal market, HAS ADOPTED THIS DIRECTIVE:SECTION IGENERAL PROVISIONSArticle 1Subject1.     This Directive, which is the twelfth individual Directive within the meaning of Article 16 (1) of  Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of  workers in the surface and underground mineral-extracting industries defined in Article 2 (a). 2.    The provisions of Directive 89/391/EEC shall apply in full to the sphere referred to in  paragraph 1, without prejudice to more stringent and/or specific provisions contained in this  Directive.Article 2DefinitionsFor the purpose of this Directive: (a)   surface and underground mineral-extracting industries shall mean all industries practising: -   surface or underground extraction, in the strict sense of the word, of minerals, and/or -  prospecting with a view to such extraction, and/or - preparation of extracted materials for sale,  excluding the activities of processing the materials extracted,  excluding the mineral-extracting industries through drilling defined in Article 2 (a) of Directive  92/91/EEC; (b) workplace shall mean the whole area intended to house workstations, relating to the immediate  and ancillary activities and installations of the surface or underground mineral-extracting  industries, including overburden dumps and other tips and accommodation, where provided, to which  workers have access in the context of their work. SECTION IIEMPLOYERS' OBLIGATIONSArticle 3General obligations1.    To safeguard the safety and  health of workers, the employer shall take the necessary measures to ensure that: (a)   workplaces are designed, constructed, equipped, commissioned, operated and maintained in such  a way that workers can perform the work assigned to them without endangering their safety and/or  health and/or those of other workers; (b) the operation of workplaces when workers are present takes place under the supervision of a  person in charge; (c) work involving a special risk is entrusted only to competent staff and carried out in  accordance with the instructions given; (d) all safety instructions are comprehensible to all the workers concerned; (e) appropriate first-aid facilities are provided; (f) any relevant safety drills are performed at regular intervals. 2.    The employer shall ensure that a document concerning safety and health, hereinafter referred  to as 'safety and health document`, covering the relevant requirements laid down in Articles 6, 9  and 10 of Directive 89/391/EEC, is drawn up and kept up to date. The safety and health document shall demonstrate in particular that: -   the risks to which workers at the workplace are exposed have been determined and assessed, - adequate measures will be taken to attain the aims of this Directive, - the design, use and maintenance of the workplace and of the equipment are safe. The safety and health document must be drawn up before work starts and be revised if the workplace  has undergone major changes, extensions or conversions. 3.    Where workers from several undertakings are present at the same workplace, each employer  shall be responsible for all matters under his control. The employer who, in accordance with national laws and/or practices, is in charge of the workplace,  shall coordinate the implementation of all the measures concerning the safety and health of the  workers and shall state, in his safety and health document, the aim of that coordination and the  measures and procedures for implementing it. The coordination shall not affect the responsability of the individual employers as provided for in  Directive 89/391/EEC. 4.    The employer shall report any serious and/or fatal occupational accidents and situations of  serious danger to the competent authorities as soon as possible.Article 4Protection from fire,  explosions and health-endangering atmospheresThe employer shall take measures and precautions  appropriate to the nature of the operation: -   to avoid, detect and combat the starting and spread of fires and explosions, and- to prevent  the occurrence of explosive and/or health-endangering atmospheres.Article 5Escape and rescue  facilitiesThe employer shall provide and maintain appropriate means of escape and rescue in order  to ensure that workers have adequate opportunities for leaving the workplaces promptly and safely  in the event of danger.Article 6Communication, warning and alarm systemsThe employer shall take  the requisite measures to provide the necessary warning and other communication systems to enable  assistance, escape and rescue operations to be launched immediately if the need arises.Article  7Keeping workers informed1.    Without prejudice to Article 10 of Directive 89/391/EEC, workers  and/or their representatives shall be informed of all measures to be taken concerning safety and  health at workplaces, and in particular of those relating to the implementation of Articles 3 to  6. 2.    The information must be comprehensible to the workers concerned.Article 8Health  surveillance1.    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 shall be entitled to,  or shall undergo, health surveillance before being assigned to duties related to the activities  referred to in Article 2 and subsequently at regular intervals. 3.    Health surveillance may be provided as part of a national health system.Article  9Consultation of workers and workers' participationConsultation and participation of workers  and/or of their representatives shall take place in accordance with Article 11 of Directive  89/391/EEC on the matters covered by this Directive.Article 10Minimum requirements for safety  and health1.    Workplaces used for the first time after the date on which this Directive is  brought into effect as referred to in Article 13 (1) must satisfy the minimum safety and health  requirement laid down in the Annex. 2.    Workplaces already in use before the date on which this Directive is brought into effect as  referred to in Article 13 (1) must satisfy the minimum safety and health requirements laid down in  the Annex as soon as possible and at the latest nine years after that date. 3.    When workplaces undergo changes, extensions and/or conversions after the date on which this  Directive is brought into effect as referred to in Article 13 (1), the employer shall take the  measures necessary to ensure that those changes, extensions and/or conversions are in compliance  with the corresponding minimum requirements laid down in the Annex. SECTION IIIOTHER PROVISIONSArticle 11Adjustments to the AnnexPurely technical adjustments to  the Annex in line with: -   the adoption of Directive in the field of technical harmonization and standardization  concerning surface or underground mineral-extracting industries, and/or- technical progress, changes in international regulations or specifications, and new  findings concerning the surface or underground mineral-extracting industries, shall be adopted in accordance with the procedure laid down in Article 17 of Directive  89/391/EEC.Article 12Mineral-extraction by dredgingMember States shall be entitled not to apply  this Directive to mineral-extraction by dredging provided that they ensure the protection of the  workers concerned in line with the general principles of the protection of the safety and health of  workers laid down in this Directive, taking into account the specific risks involved in  mineral-extraction by dredging.Article 13Final provisions1.    Member States shall bring into  force the laws, regulations and administrative provisions necessary to comply with this Directive  not later than 24 months after its adoption. They shall forthwith inform the Commission thereof. 2.    When Member States adopt the measures referred to in paragraph 1, the measures shall contain  a reference to this Directive or shall be accompanied by such reference on the occasion of their  official publication. The methods of making such a reference shall be laid down by Member States. 3.    Member States shall communicate to the Commission the texts of the provisions of national law  which they have already adopted, or are to adopt, in the field governed by this Directive. 4.    Member States shall report to the Commission every five years on the practical implementation  of this Directive, indicating the views of employers and workers. The Commission shall inform the European Parliament, the Council, the Economic and Social  Committee, the Safety and Health Commission for the Mining and Other Extractive Industries and the  Advisory Committee on Safety, Hygiene and Health Protection at Work thereof.Article 14This  Directive is addressed to the Member States. Done at Brussels, 3 December 1992. For the CouncilThe PresidentG. SHEPHARD    (1)   OJ No C 58, 5. 3. 1992, p.  3.  (2)   OJ No C 150, 15. 6. 1992, p. 128, andOJ No C 305, 23. 11. 1992.  (3)  OJ No C 169, 6. 7. 1992, p. 28.  (4)  OJ No L 393, 30. 12. 1989, p. 1.  (5)  OJ No L 183, 29. 6. 1989, p. 1.  (6)  OJ No L 348, 28. 11. 1992, p. 9.   ANNEX MINIMUM SAFETY AND HEALTH REQUIREMENTS AS REFERRED TO IN ARTICLE 10 OF THE  DIRECTIVE Preliminary noteThe obligations laid down in this Annex apply whenever required by the  features of the workplace, the activity, the circumstances or a specific risk. PART ACOMMON MINIMUM REQUIREMENTS APPLICABLE TO SURFACE AND UNDERGROUND MINERAL-EXTRACTING  INDUSTRIES AND TO ANCILLARY SURFACE INSTALLATIONS1.         Supervision and organization1.1.  Organization of workplaces1.1.1. Workplaces must be so organized as to provide adequate protection  against hazards. They must be kept in good order, with any hazardous substances or deposits removed  or controlled in order not to endanger the health and safety of workers. 1.1.2. Workstations must be designed and constructed according to ergonomic principles taking into  account the need for workers to be able to follow operations taking place at their workstations. 1.1.3. Where workstations are occupied by lone workers, adequate supervision or means of  communication must be provided. 1.2. Person in chargeA responsible person who has the skills and competence required for this  duty, in accordance with the national laws and/or practices, and who has been appointed by the  employer, must at all times be in charge of every workplace when workers are present. The employer may personally assume responsibility for the workplace as referred to in the first  subparagraph, if he has the skills and competence required for the purpose, in accordance with  national laws and/or practices. 1.3. SupervisionTo ensure workers' safety and health protection during all operations undertaken,  the necessary supervision must be provided by persons having the skills and competence for this  duty, in accordance with the national laws and/or practices, having been appointed by the employer  or on his behalf and acting on his behalf. Where required by the safety and health document, a supervisor must visit occupied workstations at  least once during each shift. The employer may personally undertake the supervision referred to in the first and second  subparagraphs if he has the skills and competence required for the purpose, in accordance with  national laws and/or practices. 1.4. Competent workersWhen workers are present at any workplace, there must be a sufficient number  of workers with the requisite skills, experience and training to perform the tasks assigned to  them. 1.5. Information, instructions and trainingWorkers must be given the necessary information,  instructions, training and re-training to ensure their health and safety. The employer must ensure that workers receive comprehensible instructions so as not to endanger  their safety and health or those of other workers. 1.6. Written instructionsWritten instructions specifying rules to be observed to ensure the safety  and health of workers and the safe use of equipment must be drawn up for every workplace. These must include information on the use of emergency equipment and action to be taken in the  event of an emergency at or near the workplace. 1.7. Safe working methodsSafe working methods must be applied at each workplace or in respect of  each activity. 1.8. Work permitsWhere required by the safety and health document, a system of work permits must  be introduced for carrying out both hazardous activities and usually straightforward activities  which may interact with other activities to cause serious hazards. Work permits must be issued by a person in charge before work starts and must specify the  conditions to be fulfilled and the precautions to be taken before, during and after work. 1.9. Regular review of safety and health measuresThe employer must ensure that the measures taken  to protect the safety and health of the workers, including the safety and health management system,  are regularly reviewed to ensure compliance with this Directive. 2. Mechanical and electrical equipment and plant2.1. GeneralSelection, installation,  commissioning, operation and maintenance of mechanical and electrical equipment must take place  with due regard for the safety and health of workers, taking into consideration other provisions of  this Directive and of Directives 89/392/EEC  (1) and 89/655/EEC  (2). If located in an area within which risk of fire or explosion from ignition of gas, vapour or  volatile liquid exists, or is likely to exist, equipment must be suitable for use in that area. Equipment must, if necessary, be fitted with suitable protective devices and fail-safe systems. 2.2. Specific provisionsMechanical equipment and plant must be of adequate strength and free from  patent defect and suitable for the purpose for which it is intended. Electrical equipment and plant must be of sufficient size and power for the purpose for which it is  intended. Mechanical and electrical equipment and installations must be so installed and protected as to  prevent danger. 3. Maintenance3.1. General maintenanceA suitable scheme should be set up providing for the  systematic examination, maintenance and, where appropriate, testing of mechanical and electrical  equipment and plant. All maintenance, examination and testing of any part of the plant and equipment must be carried out  by a competent person. Records of examinations and tests must be made and kept in an appropriate manner. 3.2. Safety equipment maintenanceAdequate safety equipment must be maintained ready for use and in  good working order at all times. Maintenance must be undertaken with due regard to operations. 4. Protection from explosion risks, harmful atmospheres and fire hazards4.1. General4.1.1.  Measures must be taken for assessing the presence of harmful and/or potentially explosive  substances in the atmosphere and for measuring the concentration of such substances. Where required by the safety and health document, monitoring devices measuring gas concentrations  at specified places automatically and continuously, automatic alarms and devices to cut off power  automatically from electrical installations and internal combustion engines must be provided. Where automatic measurements are provided for, the values measured must be recorded and kept as  stipulated in the safety and health document. 4.1.2. Smoking is forbidden in areas subject to particular fire or explosion hazards. The use of any open flame and the execution of any work that may give rise to an ignition hazard is  prohibited unless adequate safety precautions are taken to prevent the occurrence of fires or  explosions. 4.2. Protection from explosion risks4.2.1. All necessary measures must be taken to combat the  formation and accumulation of explosive atmospheres. 4.2.2. In areas where there are risks of explosion, all necessary measures must be taken to prevent  the ignition of explosive atmospheres. 4.2.3. An explosion prevention plan detailing the equipment and measures required must be  prepared. 4.3. Protection from harmful atmospheres4.3.1. Where harmful substances accumulate or may  accumulate in the atmosphere, appropriate measures must be taken to ensure: (a)   their suppression at source; or (b) their extraction at source or removal; or (c) diliction  accumulations of such substances,  in such a way that workers are not at risk. The system must be capable of dispersing these harmful substances in such a way that workers are  not at risk. 4.3.2. Without prejudice to Directive 89/656/EEC  (1), appropriate and sufficient breathing and  resuscitation equipment must be available in areas where workers may be exposed to atmospheres  which are harmful to health. In such cases, a sufficient number of workers trained to use such equipment must be present at the  workplace. The equipment must be suitably stored and maintained. 4.3.3. Where toxic gases are, or may be, present in the atmosphere, a protection plan detailing the  protective equipment available and the preventive measures taken must be available. 4.4. Protection from fire hazards4.4.1. Wherever workplaces are designed, constructed, equipped,  commissioned, operated or maintained, adequate measures must be taken to prevent fires from  starting and spreading from the sources identified in the safety and health document. Provision must be made for fast and effective fire-fighting. 4.4.2. Workplaces must be equipped with appropriate fire-fighting equipment and, as necessary, with  fire detectors and alarm systems. 4.4.3. Non-automatic fire-fighting equipment must be easily accessible and simple to use and, where  necessary, protected from damage. 4.4.4. A fire protection plan detailing the precautions to be taken, in accordance with Articles 3,  4, 5 and 6 of this Directive, to protect against, detect and combat the outbreak and spread of  fires must be kept on site. 4.4.5. The fire-fighting equipment must be indicated by signs in accordance with the national  regulations transposing Directive 92/58/EEC  (1) into law. Such signs must be placed at appropriate points and be made to last. 5. Explosives and initiating devicesOperations involving the storage, transport and use of  explosives and initiating devices must be carried out by duly authorized and competent persons. Such operations must be organized and performed in such a way that there is no risk to workers. 6. Traffic routes6.1. It must be possible to reach workplaces without danger and leave them  quickly and safely in an emergency. 6.2. Traffic routes, including stairs, fixed ladders and loading bays and ramps, must be  calculated, dimensioned and located to ensure easy, safe and appropriate access for pedestrians or  vehicles in such a way as not to endanger workers employed in the vicinity of these traffic  routes. 6.3. Routes used for pedestrian traffic and/or goods traffic must be dimensioned in accordance with  the number of potential users and the type of undertaking. If means of transport are used on traffic routes, a sufficient safety clearance must be provided  for pedestrians. 6.4. Sufficient clearance must be allowed between vehicle traffic routes and doors, gates, passages  for pedestrians, corridors and staircases. 6.5. Traffic and access routes must be clearly identified for the protection of workers. 6.6. Where vehicles or machines enter workplaces, traffic regulations must be established as  necessary. 7. Outdoor workplaces7.1. Workstations, traffic routes and other areas or installations outdoors  which are occupied or used by the workers in the course of their activity must be organized in such  a way that pedestrians and vehicles can circulate safely. 7.2. Workplaces outdoors must be adequately lit by artificial lighting if daylight is not  adequate. 7.3. When workers are employed at workstations outdoors, such workstations must as far as possible  be arranged so that workers: (a)   are protected against inclement weather conditions and if necessary against falling objects;  (b) are not exposed to harmful noise levels nor to harmful external influences such as gases,  vapours or dust;  (c) are able to leave their workstations swiftly in the event of danger or are able to be rapidly  assisted;  (d) cannot slip or fall. 8. Danger areas8.1. Danger areas must be clearly indicated. 8.2. If the workplaces contain danger areas in which, owing to the nature of the work, there are  risks including that of the worker or objects falling, the places must be equipped, as far as  possible, with devices preventing unauthorized workers from entering those areas. 8.3. Appropriate measures must be taken to protect workers authorized to enter danger areas. 9. Emergency routes and exits9.1. In the event of danger, it must be possible for workers to  evacuate all workstations quickly and as safely as possible. 9.2. Emergency routes and exits must remain clear and lead by the most direct means to the open air  or to a safe area, a safe assembly point or a safe evacuation point. 9.3. The number, distribution and dimensions of the emergency routes and exits depend on the use,  equipment and dimensions of the workplaces and the maximum number of persons that may be present. 9.4. Emergency doors must open outwards. Emergency doors should not be so locked or fastened that they cannot be easily and immediately  opened by any person who may require to use them in an emergency. 9.5. Emergency doors must not be locked. The emergency routes and exits, and the traffic routes and doors giving access to them, must be  free from obstruction so that they can be used at any time without hindrance. 9.6. Emergency routes and exits requiring illumination must be provided with emergency lighting of  adequate intensity in case the lighting fails. 9.7. Specific emergency routes and exits must be indicated by signs in accordance with the national  regulations transposing Directive 92/58/EEC into law. 10. Means of evacuation and escape10.1. Workers must be trained in the appropriate actions to be  taken in emergencies. 10.2. Rescue equipment must be provided at readily accessible and appropriately sited places and  kept ready for use and must be indicated by signs in accordance with the national regulations  transposing Directive 92/58/EEC into law. 11. Safety drillsSafety drills must be held at regular intervals at all workplaces at which  workers are usually present. The main purpose of such drills is to train and check the skills of workers to whom specific duties  have been assigned in the event of emergency involving the use, handling or operation of emergency  equipment. Where appropriate, workers should also be drilled in the correct use, handling or operation of that  equipment. 12. First-aid facilities12.1. First-aid equipment must be available in all places where working  conditions require it and must be appropriate to the operation. This equipment must be indicated by suitable signs and easily accessible. 12.2. One or more first aid rooms must be provided where the size of the premises, type of activity  being carried out and frequency of accidents so dictate. Clearly visible first-aid instruction in the event of accidents must be displayed in these rooms. 12.3. First-aid rooms must be fitted with essential first-aid installations and equipment and be  easily accessible to stretchers. They must be signposted in accordance with the national regulations transposing Directive 92/58/EEC  into law. 12.4. In addition, first-aid equipment must be available in all places where working conditions  require it. This equipment must be suitably marked and easily accessible. 12.5. A sufficient number of workers must be trained in the use of the first-aid equipment  provided. 13. Natural and artificial lighting13.1. Every workplace must be provided throughout with lighting  capable of supplying illumination sufficient to ensure the health and safety of persons therein. 13.2. Workplaces must as far as possible receive sufficient natural light and, bearing in mind the  climatic conditions, be equipped with artificial lighting for the protection of workers' safety and  health. 13.3. Lighting installations in rooms containing workplaces and in passageways must be placed in  such a way that the type of lighting does not present a risk of accident to workers. 13.4. Workplaces in which workers are exposed to risks in the event of failure of artificial  lighting must be provided with emergency lighting of adequate intensity. Where that is impossible, workers must be provided with personal lamps. 14. Sanitary installations14.1. Changing rooms and lockers14.1.1. Appropriate changing rooms must  be provided for workers if they have to wear special work clothes and where, for reasons of health  or propriety, they cannot be expected to change in another room. Changing rooms must be easily accessible, be of sufficient capacity and be provided with seating. 14.1.2. Changing rooms must be sufficiently large and have facilities to enable each worker to lock  away his/her clothes during working hours. If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work clothes  must be separate from those for ordinary clothes. Provision must be made to enable wet work clothes to be dried. 14.1.3. Provision must be made for separate changing rooms or separate use of changing rooms for  men and women. 14.1.4. If changing rooms are not required under 14.1.1, each worker must be provided with a place  to store his/her clothes. 14.2. Showers and washbasins14.2.1. Adequate and suitable showers must be provided for workers if  required by the nature of the work or for health reasons. Provision must be made for separate shower rooms or separate use of shower rooms for men and  women. 14.2.2. The shower rooms must be sufficiently large to permit each worker to wash without hindrance  in conditions of an appropriate standard of hygiene. The showers must be equipped with hot and cold water. 14.2.3. Where showers are not required under the first subparagraph of 14.2.1, adequate and  suitable washbasins with hot and cold water must be provided in the vicinity of the workstations  and the changing rooms. Such washbasins must be separate for, or used separately by, men and women when so required for  reasons of propriety. 14.3. Lavoratories and washbasinsSeparate facilities must be provided in the vicinity of  workstations, rest rooms, changing rooms and rooms housing showers or washbasins, with an adequate  number of lavatories and washbasins. Provisions must be made for separate lavatories or separate use of lavatories for men and women. In the case of underground mineral-extracting industries, the sanitary installations referred to in  this section may be located on the surface. 15. Overburden dumps and other tipsOverburden dumps, spoil heaps and other tips, as well as  settling lagoons, must be designed, constructed, operated and maintained in such a way as to ensure  their stability, as well as the safety and health of workers. 16. Ancillary surface installations (additional special provisions)16.1. Stability and  solidityWorkplaces must be designed, constructed, erected, operated, supervised and maintained to  withstand the environmental forces anticipated. They must have a structure and solidity appropriate to the nature of their use. 16.2. Floors, walls, ceilings and roofs of rooms16.2.1. The floors of workplaces must have no  dangerous bumps, holes or slopes and must be fixed, stable and not slippery. Workplaces containing workstations must be adequately insulated against heat, bearing in mind the  type of undertaking involved and the physical activity of the workers. 16.2.2. The surfaces of floors, walls and ceilings in rooms must be such that they can be cleaned  or refurbished to an appropriate standard of hygiene. 16.2.3. Transparent or translucent walls, in particular all-glass partitions, in rooms or in the  vicinity of workplaces and traffic routes must be clearly indicated and made of safety material or  be shielded from such places or traffic routes to prevent workers from coming into contact with  walls or being injured should the walls shatter. 16.2.4. Access to roofs made of materials of insufficient strength must not be permitted unless  equipment is provided to ensure that the work can be carried out in a safe manner. 16.3. Room dimensions and air space in rooms - freedom of movement at the workstation16.3.1.  Workrooms must have sufficient surface area, height and air space to allow workers to perform their  work without risk to their safety, health or well-being. 16.3.2. The dimensions of the unoccupied area at the workstation must allow workers sufficient  freedom of movement and enable them to perform their work safely. 16.4. Windows and skylights16.4.1. Windows, skylights and ventilation devices which are meant to  be opened, adjusted or secured must be designed so that these operations can be carried out  safely. They must not be positioned so as to constitute a hazard to workers when open. 16.4.2. It must be possible to clean windows and skylights without risk. 16.5. Doors and gates16.5.1. The position, number and dimensions of doors and gates, and the  materials used in their construction, are determined by the nature and use of the rooms or areas. 16.5.2. Transparent doors must be appropriately marked at a conspicuous level. 16.5.3. Swing doors and gates must be transparent or have see-through panels. 16.5.4. If transparent or translucent surfaces in doors and gates are not made of safety material  and if there is a danger that workers may be injured if a door or gate should shatter, the surfaces  must be protected against breakage. 16.5.5. Sliding doors must be fitted with a safety device to prevent them from being derailed and  falling over unexpectedly. 16.5.6. Doors and gates opening upwards must be fitted with a mechanism to secure them against  falling back unexpectedly. 16.5.7. Doors along escape routes must be appropriately marked. It must be possible to open them from the inside at any time without special assistance. It must be possible to open the doors when the workplaces are occupied. 16.5.8. Doors for pedestrians must be provided in the immediate vicinity of any gates intended  essentially for vehicle traffic, unless it is safe for pedestrians to pass through; such doors must  be clearly marked and left permanently unobstructed. 16.5.9. Mechanical doors and gates must function without risk of accident to workers. They must be fitted with easily identifiable and accessible emergency shut-down devices and, unless  they open automatically in the event of a power failure, it must also be possible to open them  manually. 16.6. Ventilation of enclosed workplaces16.6.1. Steps shall be taken to ensure that there is  sufficient fresh air in enclosed workplaces, having regard to the working methods used and the  physical demands placed on the workers. If a forced ventilation system is used, it must be maintained in working order. Any breakdown must be indicated by a control system where this is necessary for workers' health. 16.6.2. If air-conditioning or mechanical ventilation installations are used, they must operate in  such a way that workers are not exposed to draughts which cause discomfort. Any deposit or dirt likely to create an immediate danger to the health of workers by polluting the  atmosphere must be removed without delay. 16.7. Room temperature16.7.1. During working hours, the temperature in rooms containing  workstations must be suitable for human beings, having regard to the working methods being used and  the physical demands placed on the workers. 16.7.2. The temperature in rest areas, rooms for duty staff, sanitary facilities canteens and first  aid rooms must be appropriate to the particular purpose of such areas. 16.7.3. Windows, skylights and glass partitions should allow excessive effects of sunlight in  workplaces to be avoided, having regard to the nature of the work and of the workplace. 16.8. Rest rooms16.8.1. Where the safety or health of workers, in particular because of the type  of activity carried out or the presence of more than a certain number of employees, so requires,  workers must be provided with an easily accessible rest room. This provision does not apply if the workers are employed in offices or similar workrooms providing  equivalent relaxation during breaks. 16.8.2. Rest rooms must be large enough and equipped with an adequate number of tables and seats  with backs for the number of workers. 16.8.3. In rest rooms appropriate measures must be introduced for the protection of non-smokers  against discomfort caused by tobacco smoke. 16.8.4. If working hours are regularly and frequently interrupted and there is no rest room, other  rooms must be provided in which workers can stay during such interruptions, wherever this is  required for the safety or health of workers. Appropriate measures should be taken for the protection of non-smokers against discomfort caused by  tobacco smoke. 17. Pregnant women and nursing mothersPregnant women and nursing mothers must be able to lie down  to rest in appropriate conditions. 18. Disabled workersWorkplaces must be organized to take account of disabled workers, if  necessary. This provision applies in particular to the doors, passageways, staircases, showers, washbasins,  lavatories and workstations used or occupied directly by disabled workers. PART BSPECIAL MINIMUM REQUIREMENTS APPLICABLE TO SURFACE MINERAL-EXTRACTING INDUSTRIES1.  General1.1. Without prejudice to Article 3 (2), the employer who, in accordance with national  legislation and/or practice, is responsible for the workplace covered by this Part B must ensure  that the safety and health document shows that all relevant measures have been taken to protect the  safety and health of workers in both normal and critical situations. 1.2. The safety and health document must be brought up to date regularly and be available for  inspection at the workplace. Work must be carried out in accordance with the safety and health document. 2. Operation2.1. Work must be planned taking into account the elements of the safety and health  document which concern the risks of falls or slips of ground. Consequently, as a preventive measure, the height and slope of overburden-stripping and extraction  faces must be appropriate to the nature and stability of the ground and the methods of working. 2.2. Benches and haul roads must be stable enough for the plant used. They must be constructed and maintained in such a way that plant can be moved safely. 2.3. Before the start or restart of work, stripping and extraction faces above work areas or haul  roads must be checked for loose ground or rocks. Scaling must be carried out where necessary. 2.4. Faces and tips must not be worked in such a way that instability is created. PART CSPECIAL MINIMUM REQUIREMENTS APPLICABLE TO UNDERGROUND MINERAL-EXTRACTING INDUSTRIES1.  General1.1. Without prejudice to Article 3 (2), the employer who, in accordance with national  legislation and/or practice, is responsible for the workplace covered by this Part C must ensure  that the safety and health document shows that all relevant measures have been taken to protect the  safety and health of workers in both normal and critical situations. 1.2. The safety and health document must be brought up to date regularly and be available for  inspection at the workplace. Work must be carried out in accordance with the safety and health document. 2. Plans of underground workings2.1. Plans of underground workings drawn to a scale which provides  a clear representation must be prepared. In addition to roadways and winning areas, they must show the known features which may influence  working and safety. They must be readily accessible and must be kept for as long as is necessary for safety purposes. 2.2. Plans of underground workings must be brought up to date periodically and held available at  the workplace. 3. OutletsAll undergound workings must have access to the surface via at least two separate  outlets which are soundly constructed and readily accessible to underground workers. Mechanical manwinding or manriding facilities must be available for these outlets if considerable  physical effort is involved in negotiating them. 4. WorkingsWorkings where underground work is carried out must be constructed, operated, equipped  and maintained so that workers can work and move in them with a minimum of risk. Roadways must be signposted to help workers to find their way about the workings. 5. Transport5.1. Transport facilities must be installed, operated and maintained in such a way as  to ensure the safety and health of drivers, users and other persons in the vicinity. 5.2. Mechanical manwinding or manriding facilitites must be properly installed and used in  accordance with written instructions. 6. Support and ground stabilitySupport must be provided as soon as possible after excavation,  except where the stability of the ground makes it unnecessary for the safety of workers. Support  must be installed in accordance with plans and written instructions. Workings accessible to workers must be inspected regularly for ground stability, and support  maintained accordingly. 7. Ventilation7.1. All underground workings to which access is permitted must be ventilated in an  appropriate manner. Continuous ventilation must be provided to maintain, with an adequate safety margin: -   a healthy atmosphere,  - an atmosphere in which the risks of explosion and respirable dust are kept under control,  - an atmosphere in which working conditions are adequate while work is in progress, having regard  to the working methods being used and the physical demands placed on the workers. 7.2. Where the requirements of 7.1 cannot be met by natural ventilation, the main ventilation must  be provided by means of one or more mechanical fans. Steps must be taken to ensure stable and continuous ventilation. The depression of the main fans must be monitored continuously, and an automatic alarm must  indicate unscheduled stoppages. 7.3. The ventilation parameters must be measures periodically and recorded. A ventilation plan containing the pertinent details of the ventilation system must be prepared,  brought up to date periodically and held available at the workplace. 8. Gassy mines8.1. An underground working is regarded as gassy if firedamp is likely to be  released in such a quantity that the risk of formation of an explosive atmosphere cannot be  excluded. 8.2. The main ventilation must be provided by one or more mechanical fans. 8.3. Working must proceed taking account of firedamp emission. Steps must be taken to eliminate as far as possible the risks arising from firedamp. 8.4. Auxiliary ventilation must be limited to development and salvage work and to places with a  direct connection to the main ventilation current. Production workings may be ventilated by auxiliary systems only if appropriate additional measures  are taken to ensure the safety and health of workers. 8.5. The ventilation measurement referred to under 7.3 must be supplemented by firedamp  determinations. Where required by the safety and health document, firedamp levels must also be continuously  monitored in return airways from production units using mechanized extraction or underwinning and  at the head ends of mechanized blind end workings. 8.6. Only explosives and initiating devices specifically for gassy mines may be used. 8.7. The provisions of 4.1.2 of Part A are replaced as follows: -   Smoking, carrying tobacco for smoking and any objects which may be used to produce a flame are  prohibited.  - Flame cutting, welding and other similar operations are permitted only in exceptional  circumstances and subject to specific measures ensuring the safety and health of the workers. 9. Mines containing flammable dusts9.1. Coal mines are considered to be susceptible to flammable  dusts except where the safety and health document shows that none of the seams being worked  contains dust liable to propagate an explosion. 9.2. In mines with flammable dusts the provisions of 8.6 and 8.7 of this Part C apply mutatis  mutandis. 9.3. Steps must be taken to reduce flammable dust deposits, and to remove neutralize or bind the  same. 9.4. Propagation of flammable dust and/or firedamp explosions which are liable to trigger further  flammable dust explosions must be limited by installing a system of explosion barriers. The locations of such explosion barriers must be indicated in a document which is brought up to  date periodically and held available at the workplace. 10. Gas outbursts, rockbursts and water inrushes10.1. In zones susceptible to gas outbursts with  or without the projection of minerals or rock, rockbursts or water inrushes, an operating plan must  be drawn up and implemented so as to ensure, as far as possible, a safe system of work and the  protection of workers. 10.2. Measures must be taken to identify risk zones, protect workers in workings approaching or  traversing these zones, and control the risks. 11. Fires, combustions and heatings11.1. Provision must be made for the prevention and, where  appropriate, the early detection of spontaneaous combustion. 11.2. Flammable materials taken into underground workings must be limited to the quantities which  are strictly necessary. 11.3. Where it is necessary to use hydraulic fluids (fluids for the transmission of hydrostatic  and/or hydrokinetic mechanical energy), fluids which are difficult to ignite must, as far as  possible, be used in order to avoid the risk of fire and its spread. The hydraulic fluids must satisfy specifications and test conditions relating to fire resistance  and hygiene criteria. Where hydraulic fluids are used which do not satisfy the specifications, conditions and criteria  referred to in the second subparagraph, additional precautions must be taken to avoid the increased  risk of fire and its spread. 12. Precautions for withdrawal of workersSo that they can withdraw in safety, workers must, where  necessary, be provided with self-rescue respiratory protection devices which they must always keep  within their reach. Workers must be trained in the use of these devices. These devices must remain at the site and be checked regularly to ensure that they are in good  condition. 13. LightingThe provisions of section 13 of Part A are replaced as follows: -   Workers must be provided with a suitable personal lamp.  - Workstations must as far as possible be equipped with artifical lighting adequate for the  protection of workers' safety and health.  - Lighting installations must be placed in such a way that there is no risk of accident to workers  as a result of the type of lighting fitted. 14. Underground workforce accountingIt must be possible to know exactly who is under ground at any  time. 15. Rescue organizationIn order to enable suitable action to be taken rapidly and effectively in  the event of a major incident, an adequate rescue organization must be set up. The rescue organization must, in order to be able to act at any site where underground extraction  or exploratory workings are in progress, have sufficient trained rescue workers and adequate rescue  equipment at its disposal.   (1)  OJ No L 183, 29. 6. 1989, p. 9. Directive amended by Directive 91/368/EEC (OJ No  L 198, 22. 7. 1991, p. 16).  (2)OJ No L 393, 30. 12. 1989, p. 13.  (1)  OJ No L 393, 30. 12. 1989, p. 18.  (1)  OJ No L 245, 26. 8. 1992, p. 23.


Avis juridique important

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31990L0387

Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision

Official Journal L 192 , 24/07/1990 P. 0001 - 0009 Finnish special edition: Chapter 13 Volume 19 P. 0212  Swedish special edition: Chapter 13 Volume 19 P. 0212

COUNCIL DIRECTIVE of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (90/387/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Article 8 a of the Treaty stipulates that the internal market shall comprise an area without internal frontiers in which the free movement of services is ensured, in accordance with the provisions of the Treaty;  Whereas the Commission submitted a Green Paper on the development of the common market for telecommunications services and equipment, dated 30 June 1987, and a communication on the implementation of that Green Paper up to 1992, dated 9 February 1988;  Whereas the Council adopted on 30 June 1988 a resolution on the development of the common market for telecommunications services and equipment up to 1992 (4);  Whereas the full establishment of a Community-wide market in telecommunications services will be promoted by the rapid  introduction of harmonized principles and conditions for open network provision;  Whereas, since situations differ and technical and administrative constraints exist in the Member States, this objective should be realized in stages;  Whereas the conditions of open network provision must be consistent with certain principles and must not restrict access to networks and services except for reasons of general public interest, hereinafter referred to as 'essential requirements';  Whereas the definition and application of such principles and essential requirements must take full account of the fact that any restrictions of the right to provide services within and between Member States must be objectively justified, must follow  the principle of proportionality and must not be excessive in relation to the aim pursued;  Whereas the conditions of open network provision must not allow for any additional restrictions on the use of the public telecommunications network and/or public telecommunications services except those restrictions which may be derived from the exercise of special or exclusive rights granted by Member States and which are compatible with Community law;  Whereas tariff principles should be clearly laid down to ensure fair and transparent conditions for all users;  Whereas this entire Directive must be read in the light of Annex III which lays down a work programme for the first three years;  Whereas the establishment of harmonized conditions of open network provision must be a progressive process and must be prepared with the assistance of a committee composed of representatives of the Member States, which consults the representatives of the telecommunications organizations, the users, the consumers, the manufacturers and the service providers; whereas this process must also be open to all parties concerned and  therefore sufficient time must be given for public comment;  Whereas the Community-wide definition of harmonized technical interfaces and access conditions must be based on the definition of common technical specifications based on international standards and specifications;  Whereas work to be undertaken in this area must take full account, inter alia, of the framework resulting from the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of  technical standards and regulations (5), as last amended by Directive 88/182/EEC (6), Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (7) and Council  Decision 87/95/EEC of 22 December 1986 on standardization in the field of information technology and telecommunications (8);  Whereas the formal adoption on 12 February 1988 of the statutes of the European Telecommunications Standards Institute (ETSI) and of the associated internal rules has created a new mechanism for producing European telecommunications standards;  Whereas the Council in its resolution of 27 April 1989 on standardization in the field of information technology and telecommunications (9) supported the work of ETSI and invited the Commission to contribute to the coherent development of ETSI and lend  it its support;  Whereas the Community-wide definition and implementation of harmonized network termination points establishing the physical interface between the network infrastructure and users' and other service providers' equipment will be an essential element of  the overall concept of open network provision;  Whereas Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment (10) requires Member States to ensure that users who so request are given access to network termination points within a  reasonable time period;  Whereas one of the principal aims of the establishment of an internal market in telecommunications services must be the creation of conditions to promote the development of Europe-wide services;   Whereas, in its abovementioned resolution of 30 June 1988, the Council considered the taking fully into account of the external aspects of Community measures on telecommunications to be a major policy goal;  Whereas the Community attaches very great importance to the continued growth of cross-border telecommunications services, to the contribution that telecommunications services provided by companies, firms or natural persons established in a Member State  may make to the growth of the Community market, and to the increased participation of Community service providers in third country markets; whereas it will therefore be necessary, as specific Directives are drawn up, to ensure that these objectives are  taken into account with a view to reaching a situation where the progressive realization of the internal market for telecommunications services will, where appropriate, be accompanied by reciprocal market opening in other countries;  Whereas this result should be achieved preferably through multilateral negotiations in the framework of GATT, it being understood that bilateral discussions between the Community and third countries may also contribute to this process;  Whereas this Directive should not address the problems of mass media, meaning problems linked to broadcasting and distribution of television programmes via telecommunications means, in particular cable television networks, which need special  consideration;  Whereas neither should this Directive address the question of communication via satellite for which, according to the abovementioned Council resolution of 30 June 1988, a common position should be worked out;  Whereas the Council, on the basis of a report which the Commission is to submit to the European Parliament and the Council, and in accordance with Article 100b of the Treaty, will review, during 1992, any remaining conditions for access to  telecommunications services which have not been harmonized, the effects of these conditions on the workings of the internal market for telecommunications services, and the extent to which this market needs to be further opened up,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1.  This Directive concerns the harmonization of conditions for open and efficient access to and use of public telecommunications networks and, where applicable, public telecommunications services.  2.  The conditions referred to in paragraph 1 are designed to facilitate the provision of services using public telecommunications networks and/or public telecommunications services, within and between Member States, and in particular the provision of  services by companies, firms or natural persons established in a Member State other than that of the company, firm or natural person for whom the services are intended.  Article 2 For the purposes of this Directive:   1.  'telecommunications organizations' means public or private bodies, to which a Member State grants special or exclusive rights for the provision of a public telecommunications network and, where applicable, public telecommunications services.  For the requirements of this Directive, Member States shall notify the Commission of the bodies to which they have granted special or exclusive rights;   2.  'special or exclusive rights' means the rights granted by a Member State or a public authority to one or more public or private bodies through any legal, regulatory or administrative instrument reserving them the right to provide a service or  undertake an activity;   3.  'public telecommunications network' means the public telecommunications infrastructure which permits the conveyance of signals between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means;   4.  - 'telecommunications services' means services whose provision consists wholly or partly in the transmission and routing of signals on a telecommunications network by means of telecommunications processes, with the exception of radio broadcasting  and television;  - 'public telecommunications services' means telecommunications services whose supply Member States have specifically entrusted inter alia to one or more telecommunications organizations;   5.  'network termination point' means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that public network;   6.  'essential requirements' means the non-economic reasons in the general interest which may cause a Member State to restrict access to the public telecommunications network or public telecommunications services. These reasons are security of network operations, maintenance of network integrity and, in justified cases, interoperability of services and data protection.  Data protection may include protection of personal data, the confidentiality of information transmitted or stored as well as the protection of privacy;   7.  'voice telephony' means the commercial provision for the public or direct transport of real-time speech via the public switches network or networks such that any user can use equipment connected to a network termination point to communicate with another user of equipment connected to another termination point;   8.  'telex service' means the commercial provision for the public of direct transport of telex messages in accordance with the relevant 'Comité consultatif international télégraphique et téléphonique' (CCITT) recommendation via the public switched  network or networks, whereby any user can use equipment connected to a network termination point to communicate with another user using another termination point;   9.  'packet- and circuit-switched data services' means the commercial provision for the public of direct transport of data via the public switched network or networks such that any equipment connected to a network termination point can communicate with  equipment connected to another termination point;  10.  'open network provision conditions' means the conditions, harmonized according to the provisions of this Directive, which concern the open and efficient access to public telecommunications networks and, where applicable, public telecommunications  services and the efficient use of those networks and services.  Without prejudice to their application on a case-by-case basis, the open network provision conditions may include harmonized conditions with regard to:  - technical interfaces, including the definition and implementation of network termination points, where required,  - usage conditions, including access to frequencies where required,  - tariff principles;  11.  'technical specifications', 'standards' and 'terminal equipment' are given the same meaning for those terms as in Article 2 of Directive 86/361/EEC.  Article 3 1.  Open network provision conditions must comply with a number of basic principles set out hereafter, namely that:  - they must be based on objective criteria,  - they must be transparent and published in an appropriate manner,  - they must guarantee equality of access and must be non-discriminatory, in accordance with Community law.  2.  Open network provision conditions must not restrict access to public telecommunications networks or public telecommunications services, except for reasons based on essential requirements, within the framework of Community law, namely:  - security of network operations,  - maintenance of network integrity,  - interoperability of services, in justified cases,  - protection of data, as appropriate.  In addition, the conditions generally applicable to the connection of terminal equipment to the network shall apply.  3.  Open network provision conditions may not allow for any additional restrictions on the use of the public telecommunications networks and/or public telecommunications services except the restrictions which may be derived from the exercise of special or exclusive rights granted by Member States and which are compatible with Community law.  4.  The Council, acting in accordance with Article 100a of the Treaty, may, if necessary, modify the points set out in paragraphs 1 and 2.  5.  Without prejudice to the specific Directives provided for in Article 6 and in so far as the application of the essential requirements referred to in paragraph 2 of this Article may cause a Member State to limit access to one of its public  telecommunications networks or services, the rules for uniform application of the essential requirements, in particular concerning the interoperability of services and the protection of data, shall be determined, where appropriate, by the Commission, in  accordance with the procedure laid down in Article 10.  Article 4 1.  Open network provision conditions shall be defined in stages under the procedure set out hereafter.  2.  Open network provision conditions shall concern the areas selected in accordance with the list in Annex I.  The Council, acting in accordance with Article 100a of the Treaty, may, if necessary, modify this list.  3.  Using the list referred to in paragraph 2, the Commission shall draw up a work programme each year, under the procedure laid down in Article 9.  4.  For the work programme referred to in paragraph 3, the Commission shall:  (a)  initiate detailed analysis, in consultation with the committee referred to in Article 9, and draw up reports on the results of this analysis;  (b) invite, by publication of a notice to that effect in the Official Journal of the European Communities, public comment by all parties concerned on the reports on the detailed analysis provided for in subparagraph (a). The period for submitting such comment shall be not less than three months from the date of publication of the said notice;  (c) request, where appropriate, the European Telecommunications Standards Institute (ETSI) to draw up European standards, taking account of international standardization as a basis for setting up, where required, within specified time limits, harmonized  technical interfaces and/or service features. In so doing, ETSI shall coordinate, in particular, with the Joint European Standards Institution CEN/Cenelec;  (d) draw up proposals for open network provision conditions in accordance with Article 3 and with the open network provision reference framework described in Annex II.  5.  For 1990, 1991 and 1992 a work programme shall be drawn up in order to implement the guidelines in Annex III.  Article 5 1.  Reference to European standards drawn up as a basis for harmonized technical interfaces and/or service features for open network provision according to Article 4 (4) (c) shall be published in the Official Journal of the European  Communities as suitable for open network provision.  2.  The standards mentioned under paragraph 1 shall carry with them the presumption:  (a)  that a service provider who complies with those standards fulfils the relevant essential requirements, and (b) that a telecommunications organization which complies with those standards fulfils the requirement of open and efficient access.  3.  If the implementation of European standards within the meaning of Article 5 (2) appears inadequate to ensure the interoperability of transfrontier services in one or more Member States, reference to European standards may be made compulsory under  the procedure laid down in Article 10, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users. The procedure provided for in this paragraph may in no way affect the implementation of Articles 85 and  86 of the Treaty.  4.  Where a Member State or the Commission considers that the harmonized standards mentioned under paragraph 1 do not correspond to the objective of open and efficient access, in particular the basic principles and the essential requirements referred to  in Article 3, the Commission or the Member State concerned shall bring the matter before the committee referred to in Article 9, giving the reasons therefore. The committee shall deliver an opinion without delay.  5.  In the light of the committee's opinion and after consultation of the standing committee set up by Directive 83/189/EEC, the Commission shall inform the Member States whether or not it is necessary to withdraw references to those standards from the  Official Journal of the European Communities.  Article 6 Following the completion of the procedures set out in Articles 4 and 5, and acting in accordance with Article 100a of the Treaty, the Council shall adopt specific Directives establishing open network provision conditions including a time  schedule for implementing them.  Article 7 The Council, acting in accordance with Article 100a of the Treaty, taking Article 8c of the Treaty into consideration, shall, where required, adopt measures for harmonizing declaration and/or licensing procedures for the provision of services  via public telecommunications networks, with a view to establishing conditions in which there would be mutual recognition of declaration and/or licensing procedures.  Article 8 During 1992 the Council, on the basis of a report which the Commission shall submit to the European Parliament and the Council, shall review progess on harmonization and any restrictions on access to telecommunications networks and services  still remaining, the effects of those restrictions on the operation of the internal telecommunications market, and measures which could be taken to remove those restrictions, in conformity with Community law, taking account of technological development  and in accordance with the procedure provided for under Article 100b of the Treaty.  Article 9 1.  The Commission shall be assisted by a committee of a advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.  The committee shall, in particular, consult the representatives of the telecommunications organizations, the users, the consumers, the manufacturers and the service providers. It shall lay down its rules of procedure.  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,  if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.  Article 10 1.  Notwithstanding the provisions of Article 9, the following procedure shall apply in respect of the matters covered by Article 3 (5) and Article 5 (3).  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.  4.  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 a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.  Article 11 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive before 1 January 1991 at the latest. 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 adopt in the field governed by this Directive.  Article 12 This Directive is addressed to the Member States.   Done at Luxembourg, 28 June 1990.  For the Council The President M. GEOGHEGAN-QUINN  (1) OJ No C 39, 16. 2. 1989, p. 8. (2) OJ No C 158, 26. 6. 1989, p. 300, OJ No C 149, 18. 6. 1990. (3) OJ No C 159, 26. 6. 1989, p. 37. (4) OJ No C 257, 4. 10. 1988. p. 1.(5) OJ No L 109, 26. 4. 1983, p. 8. (6) OJ No L 81, 26. 3. 1988, p. 75. (7) OJ No L 217, 5. 8. 1986, p. 21. (8) OJ No L 36, 7. 2. 1987, p. 31. (9) OJ No C 117, 11. 5. 1989, p. 1. (10) OJ No L 131, 27. 5. 1988, p. 73.   ANNEX I   Areas for which open network provision conditions may be drawn up in accordance with Article 4  Areas shall be selected from the following list in accordance with the procedures laid down in Article 4:  1.  leased lines;  2.  packet- and circuit-switched data services;  3.  Integrated Services Digital Network (ISDN);  4.  voice telephony service;  5.  telex service;  6.  mobile services, as applicable;  subject to further study,  7.  new types of access to the network, such as access, under certain conditions, to the circuits connecting subscriber premises to the public network exchange ('data over voice') and access to the network's new intelligent functions, according to  progress on definition and technological development;  8.  access to the broadband network, according to progress on definition and technological development.    ANNEX II   Reference framework for drawing up proposals on open network provision conditions in accordance with Article 4 (4) (d)  Proposals on open network provision conditions as defined in Article 2 (10) should be drawn up in accordance with the following  reference framework:  1.  Common principles In drawing up the conditions described in this Annex, due account will be taken of the relevant rules of the Treaty.  Open network provision conditions shall be drawn up in such a way as to facilitate the service providers' and users' freedom of action without unduly limiting the telecommunications organizations' responsibility for the functioning of the network and  the best possible condition of communications channels.  Member States may, in accordance with Community law, take any measure enabling the telecommunications organizations to develop the new opportunities deriving from open network provision.  2.  Harmonized technical interfaces and/or service features In drawing up open network provision conditions the following scheme should be taken into account for the definition of technical interfaces at appropriate open network termination points:  - for existing services and networks, existing interfaces should be adopted;  - for entirely new services or the improvement of existing services, existing interfaces should also be adopted, as far as feasible. When existing interfaces are not suitable, enhancements and/or new interfaces will have to be specified;  - for networks that are still to be introduced, but for which the standardization programme has already commenced, open network provision requirements falling within the terms of Article 3 should be taken into account when specifying new interfaces.  Open network provision proposals must, wherever possible, be in line with the ongoing work in the European Conference of Postal and Telecommunications Administrations (CEPT), CCITT, ETSI and CEN- Cenelec.  Work undertaken in this area shall take full account of the framework resulting from the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and  regulations (;), as last amended by Directive 88/182/EEC ($), Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (=) and Council Decision 87/95/EEC of 22  December 1986 on standardization in the field of information technology and telecommunications (%).  Additional features will be identified where required. They may be classified as:  - inclusive if they are provided in association with a specific interface and included in the standard offering,  - optional if they can be requested as an option with regard to a specific open network provision offering.  Work shall include the drawing up of proposals for time schedules for the introduction of interfaces and service features, taking account of the state of development of telecommunications networks and services in the Community.  3.  Harmonized supply and usage conditions Supply and usage conditions shall identify conditions of access and of provision of services, as far as required.  They may include as applicable:  (a)  supply conditions such as:  - maximum provision time (delivery period),  - quality of service, in particular the quality of transmission,  - maintenance,  - network malfunction reporting facilities;  (;) OJ No L 109, 26. 4. 1983, p. 8.  ($) OJ No L 81, 26. 3. 1988, p. 75.  (=) OJ No L 217, 5. 8. 1986, p. 21.  (%) OJ No L 36, 7. 2. 1987, p. 31.  (b)  usage conditions such as:  - conditions for resale of capacity,  - conditions for shared use,  - conditions for interconnection with public and private networks.  Usage conditions may include conditions regarding access to frequencies, as applicable, and measures concerning protection of personal data and confidentiality of communications, where required.  .  Harmonized tariff principles Tariff principles must be consistent with the principles set out in Article 3 (1).  These principles imply, in particular, that:  - tariffs must be based on objective criteria and especially in the case of services and areas subject to special or exclusive rights must in principle be cost-oriented, on the understanding that the fixing of the actual tariff level will continue to be  the province of national legislation and is not the subject of open network provision conditions. When these tariffs are determined, one of the aims should be the definition of efficient tariff principles throughout the Community while ensuring a  general service for all,  - tariffs must be transparent and must be properly published,  - in order to leave users a choice between the individual service elements and where technology so permits, tariffs must be sufficiently unbundled in accordance with the competition rules of the Treaty. In particular, additional features introduced to  provide certain specific extra services must, as a general rule, be charged independently of the inclusive features and transportation as such,  - tariffs must be non-discriminatory and guarantee equality of treatment.  Any charge for access to network resources or services must comply with the principles set out above and with the competition rules of the Treaty and must also take into account the principle of fair sharing in the global cost of the resources used and  the need for a reasonable level of return on investment.  There may be different tariffs, in particular to take account of excess traffic during peak periods and lack of traffic during off-periods, provided that the tariff differentials are commercially justifiable and do not conflict with the above  principles.    ANNEX III   Guidelines for implementation of the framework Directive up to 31 December 1992  In an initial phase, and without prejudice to the procedures laid down in Article 4 (2) and (3), work to be undertaken in 1990, 1991 and 1992 concerning Articles 4, 5 and 6  will implement the following priorities:  1.  adoption of specific Directives pursuant to Article 6 covering leased lines and the voice telephony service;  2.  implementation by 1 January 1991 of harmonized technical interfaces and/or service features for packet-switched data services and ISDN (Integrated Services Digital Network); reference to such interfaces and features may be made compulsory before  that date in accordance with the procedure set out in Article 5 (3);  3.  adoption by the Council by 1 July 1991, acting on a proposal from the Commission, of a recommendation on the supply of technical interfaces, conditions of usage and tariff principles applying to provision of packet-switched data services complying  with open network principles; this recommendation would in particular call on Member States to ensure that at least one such service was provided on their territory;  4.  adoption by the Council by 1 January 1992, acting on a proposal from the Commission, of a similar recommendation on ISDN;  5.  examination in 1992, with a view to its adoption, on a proposal from the Commission, of a specific Directive on packet-switched data services. That proposal should take into account the initial results of the implementation of the recommendation  referred to in point 3;  6.  subsequent examination of a proposal for a Directive on ISDN. That proposal should also take into account the initial results of the implementation of the recommendation referred to in point 4.