EUR-Lex - 32000L0054 - EN Avis juridique important | 32000L0054 Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) Official Journal L 262 , 17/10/2000 P. 0021 - 0045 Directive 2000/54/EC of the European Parliament and of the Councilof 18 September 2000on the protection of workers from risks related to exposure to biological agents at work(seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee(1),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),Whereas:(1) Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(3) has been substantially amended on a number of occasions(4). For the sake of clarity and rationality Directive 90/679/EEC should be codified.(2) Compliance with the minimum requirements designed to guarantee a better standard of safety and health as regards the protection of workers from the risks related to exposure to biological agents at work is essential to ensure the safety and health of workers.(3) 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). The provisions of that Directive are therefore fully applicable to the exposure of workers to biological agents, without prejudice to more stringent and/or specific provisions contained in this Directive.(4) More precise knowledge of the risks involved in exposure to biological agents can be obtained through the keeping of records.(5) The list and classification of the biological agents must be examined regularly and revised on the basis of new scientific data.(6) For a number of biological agents details additional to their classification should be given.(7) Employers must keep abreast of new developments in technology with a view to improving the protection of workers' health and safety.(8) Preventive measures should be taken for the protection of the health and safety of workers exposed to biological agent.(9) This Directive constitutes a practical aspect of the realisation of the social dimension of the internal market.(10) Pursuant to Council Decision 74/325/EEC(6) the Advisory Committee on Safety, Hygiene and Health Protection at Work should be consulted by the Commission with a view to the formulation of proposals in this field. It was so consulted over the formulation of proposals for the Council directives embodied in this Directive.(11) This Directive is without prejudice to the obligations of the Member States concerning the deadlines for transposition as set out in Annex VIII, Part B,HAVE ADOPTED THIS DIRECTIVE:CHAPTER IGENERAL PROVISIONSArticle 1Objective1. This Directive has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to biological agents at work.It lays down particular minimum provisions in this area.2. Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.3. This Directive shall apply without prejudice to the provisions of Council Directive 90/219/EEC(7) and of Council Directive 90/220/EEC(8).Article 2DefinitionsFor the purpose of this Directive:(a) "biological agents" shall mean micro-organisms, including those which have been genetically modified, cell cultures and human endoparasites, which may be able to provoke any infection, allergy or toxicity;(b) "micro-organism" shall mean a microbiological entity, cellular or non-cellular, capable of replication or of transferring genetic material;(c) "cell culture" shall mean the in-vitro growth of cells derived from multicellular organisms."Biological agents" shall be classified into four risk groups, according to their level of risk of infection:1. group 1 biological agent means one that is unlikely to cause human disease:2. group 2 biological agent means one that can cause human disease and might be a hazard to workers; it is unlikely to spread to the community; there is usually effective prophylaxis or treatment available;3. group 3 biological agent means one that can cause severe human disease and present a serious hazard to workers; it may present a risk of spreading to the community, but there is usually effective prophylaxis or treatment available;4. group 4 biological agent means one that causes severe human disease and is a serious hazard to workers; it may present a high risk of spreading to the community; there is usually no effective prophylaxis or treatment available.Article 3Scope - Determination and assessment of risks1. This Directive shall apply to activities in which workers are or are potentially exposed to biological agents as a result of their work.2. In the case of any activity likely to involve a risk of exposure to biological agents, the nature, degree and duration of workers' exposure must be determined in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken.In the case of activities involving exposure to several groups of biological agents, the risk shall be assessed on the basis of the danger presented by all hazardous biological agents present.The assessment must be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to biological agents.The employer must supply the competent authorities, at their request, with the information used for making the assessment.3. The assessment referred to in paragraph 2 shall be conducted on the basis of all available information including:(a) classification of biological agents which are or may be a hazard to human health, as referred to in Article 18;(b) recommendations from a competent authority which indicate that the biological agent should be controlled in order to protect workers' health when workers are or may be exposed to such a biological agent as a result of their work;(c) information on diseases which may be contracted as a result of the work of the workers;(d) potential allergenic or toxigenic effects as a result of the work of the workers;(e) knowledge of a disease from which a worker is found to be suffering and which has a direct connection with his work.Article 4Application of the various Articles in relation to assessment of risks1. If the results of the assessment referred to in Article 3 show that the exposure and/or potential exposure is to a group 1 biological agent, with no identifiable health risk to workers, Articles 5 to 17 and Article 19 shall not apply.However, point 1 of Annex VI should be observed.2. If the results of the assessment referred to in Article 3 show that the activity does not involve a deliberate intention to work with or use a biological agent but may result in the workers' being exposed to a biological agent, as in the course of the activities for which an indicative list is given in Annex I, Articles 5, 7, 8, 10, 11, 12, 13 and 14 shall apply unless the results of the assessment referred to in Article 3 show them to be unnecessary.CHAPTER IIEMPLOYERS' OBLIGATIONSArticle 5ReplacementThe employer shall avoid the use of a harmful biological agent if the nature of the activity so permits, by replacing it with a biological agent which, under its conditions of use, is not dangerous or is less dangerous to workers' health, as the case may be, in the present state of knowledge.Article 6Reduction of risks1. Where the results of the assessment referred to in Article 3 reveal a risk to workers' health or safety, workers' exposure must be prevented.2. Where this is not technically practicable, having regard to the activity and the risk assessment referred to in Article 3, the risk of exposure must be reduced to as low a level as necessary in order to protect adequately the health and safety of the workers concerned, in particular by the following measures which are to be applied in the light of the results of the assessment referred to in Article 3:(a) keeping as low as possible the number of workers exposed or likely to be exposed;(b) design of work processes and engineering control measures so as to avoid or minimise the release of biological agents into the place of work;(c) collective protection measures and/or, where exposure cannot be avoided by other means, individual protection measures;(d) hygiene measures compatible with the aim of the prevention or reduction of the accidental transfer or release of a biological agent from the workplace;(e) use of the biohazard sign depicted in Annex II and other relevant warning signs;(f) drawing up plans to deal with accidents involving biological agents;(g) testing, where it is necessary and technically possible, for the presence, outside the primary physical confinement, of biological agents used at work;(h) means for safe collection, storage and disposal of waste by workers including the use of secure and identifiable containers, after suitable treatment where appropriate;(i) arrangements for the safe handling and transport of biological agents within the workplace.Article 7Information for the competent authority1. Where the results of the assessment referred to in Article 3 reveal risk to workers' health or safety, employers shall, when requested, make available to the competent authority appropriate information on:(a) the results of the assessment;(b) the activities in which workers have been exposed or may have been exposed to biological agents;(c) the number of workers exposed;(d) the name and capabilities of the person responsible for safety and health at work;(e) the protective and preventive measures taken, including working procedures and methods;(f) an emergency plan for the protection of workers from exposure to group 3 or a group 4 biological agent which might result from a loss of physical containment.2. Employers shall inform forthwith the competent authority of any accident or incident which may have resulted in the release of a biological agent and which could cause severe human infection and/or illness.3. The list referred to in Article 11 and the medical record referred to in Article 14 shall be made available to the competent authority in cases where the undertaking ceases activity, in accordance with national laws and/or practice.Article 8Hygiene and individual protection1. Employers shall be obliged, in the case of all activities for which there is a risk to the health or safety of workers due to work with biological agents, to take appropriate measures to ensure that:(a) workers do not eat or drink in working areas where there is a risk of contamination by biological agents;(b) workers are provided with appropriate protective clothing or other appropriate special clothing;(c) workers are provided with appropriate and adequate washing and toilet facilities, which may include eye washes and/or skin antiseptics;(d) any necessary protective equipment is:- properly stored in a well-defined place,- checked and cleaned if possible before, and in any case after, each use,- is repaired, where defective, or is replaced before further use;(e) procedures are specified for taking, handling and processing samples of human or animal origin.2. Working clothes and protective equipment, including protective clothing referred to in paragraph 1, which may be contaminated by biological agents, must be removed on leaving the working area and, before taking the measures referred to in the second subparagraph, kept separately from other clothing.The employer must ensure that such clothing and protective equipment is decontaminated and cleaned or, if necessary, destroyed.3. Workers may not be charged for the cost of the measures referred to in paragraphs 1 and 2.Article 9Information and training of workers1. Appropriate measures shall be taken by the employer to ensure that workers and/or any workers' representatives in the undertaking or establishment receive sufficient and appropriate training, on the basis of all available information, in particular in the form of information and instructions, concerning:(a) potential risks to health;(b) precautions to be taken to prevent exposure;(c) hygiene requirements;(d) wearing and use of protective equipment and clothing;(e) steps to be taken by workers in the case of incidents and to prevent incidents.2. The training shall be:(a) given at the beginning of work involving contact with biological agents,(b) adapted to take account of new or changed risks, and(c) repeated periodically if necessary.Article 10Worker information in particular cases1. Employers shall provide written instructions at the workplace and, if appropriate, display notices which shall, as a minimum, include the procedure to be followed in the case of:(a) a serious accident or incident involving the handling of a biological agent;(b) handling a group 4 biological agent.2. Workers shall immediately report any accident or incident involving the handling of a biological agent to the person in charge, or to the person responsible for safety and health at work.3. Employers shall inform forthwith the workers and/or any workers' representatives of any accident or incident which may have resulted in the release of a biological agent and which could cause severe human infection and/or illness.In addition, employers shall inform the workers and/or any workers' representatives in the undertaking or establishment as quickly as possible when a serious accident or incident occurs, of the causes thereof and of the measures taken or to be taken to rectify the situation.4. Each worker shall have access to the information on the list referred to in Article 11 which relates to him personally.5. Workers and/or any workers' representatives in the undertaking or establishment shall have access to anonymous collective information.6. Employers shall provide workers and/or their representatives, at their requst, with the information provided for in Article 7(1).Article 11List of exposed workers1. Employers shall keep a list of workers exposed to group 3 and/or group 4 biological agents, indicating the type of work done and, whenever possible, the biological agent to which they have been exposed, as well as records of exposures, accidents and incidents, as appropriate.2. The list referred to in paragraph 1 shall be kept for at least 10 years following the end of exposure, in accordance with national laws and/or practice.In the case of those exposures which may result in infections:(a) with biological agents known to be capable of establishing persistent or latent infections;(b) that, in the light of present knowledge, are undiagnosable until illness develops many years later;(c) that have particularly long incubation periods before illness develops;(d) that result in illnesses which recrudesce at times over a long period despite treatment, or(e) that may have serious long-term sequelae,the list shall be kept for an appropriately longer time up to 40 years following the last known exposure.3. The doctor referred to in Article 14 and/or the competent authority for health and safety at work, and any other person responsible for health and safety at work, shall have access to the list referred to in paragraph 1.Article 12Consultation and participation of workersConsultation and participation of workers and/or their representatives in connection with matters covered by this Directive shall take place in accordance with Article 11 of Directive 89/391/EEC.Article 13Notification to the competent authority1. Prior notification shall be made to the competent authority of the use for the first time of:(a) group 2 biological agents;(b) group 3 biological agents;(c) group 4 biological agents.The notification shall be made at least 30 days before the commencement of the work.Subject to paragraph 2, prior notification shall also be made of the use for the first time of each subsequent group 4 biological agent and of any subsequent new group 3 biological agent where the employer himself provisionally classifies that biological agent.2. Laboratories providing a diagnostic service in relation to group 4 biological agents shall be required only to make an initial notification of their intention.3. Renotification must take place in any case where there are substantial changes of importance to safety or health at work to processes and/or procedures which render the notification out of date.4. The notification referred to in paragraphs 1, 2 and 3 shall include:(a) the name and address of the undertaking and/or establishment;(b) the name and capabilities of the person responsible for safety and health at work;(c) the results of the assessment referred to in Article 3;(d) the species of the biological agent;(e) the protection and preventive measures that are envisaged.CHAPTER IIIMISCELLANEOUS PROVISIONSArticle 14Health surveillance1. The Member States shall establish, in accordance with national laws and practice, arrangements for carrying out relevant health surveillance of workers for whom the results of the assessment referred to in Article 3 reveal a risk to health or safety.2. The arrangements referred to in paragraph 1 shall be such that each worker shall be able to undergo, if appropriate, relevant health surveillance:(a) prior to exposure;(b) at regular intervals thereafter.Those arrangements shall be such that it is directly possible to implement individual and occupational hygiene measures.3. The assessment referred to in Article 3 should identify those workers for whom special protective measures may be required.When necessary, effective vaccines should be made available for those workers who are not already immune to the biological agent to which they are exposed or are likely to be exposed.When employers make vaccines available, they should take account of the recommended code of practice set out in Annex VII.If a worker is found to be suffering from an infection and/or illness which is suspected to be the result of exposure, the doctor or authority responsible for health surveillance of workers shall offer such surveillance to other workers who have been similarly exposed.In that event, a reassessment of the risk of exposure shall be carried out in accordance with Article 3.4. In cases where health surveillance is carried out, an individual medical record shall be kept for at least 10 years following the end of exposure, in accordance with national laws and practice.In the special cases referred to in Article 11(2) second subparagraph, an individual medical record shall be kept for an appropriately longer time up to 40 years following the last known exposure.5. The doctor or authority responsible for health surveillance shall propose any protective or preventive measures to be taken in respect of any individual worker.6. Information and advice must be given to workers regarding any health surveillance which they may undergo following the end of exposure.7. In accordance with national laws and/or practice:(a) workers shall have access to the results of the health surveillance which concern them, and(b) the workers concerned or the employer may request a review of the results of the health surveillance.8. Practical recommendations for the health surveillance of workers are given in Annex IV.9. All cases of diseases or death identified in accordance with national laws and/or practice as resulting from occupational exposure to biological agents shall be notified to the competent authority.Article 15Health and veterinary care facilities other than diagnostic laboratories1. For the purpose of the assessment referred to in Article 3, particular attention should be paid to:(a) uncertainties about the presence of biological agents in human patients or animals and the materials and speciments taken from them;(b) the hazard represented by biological agents known or suspected to be present in human patients or animals and materials and specimens taken from them;(c) the risks posed by the nature of the work.2. Appropriate measures shall be taken in health and veterinary care facilities in order to protect the health and safety of the workers concerned.The measures to be taken shall include in particular:(a) specifying appropriate decontamination and disinfection procedures, and(b) implementing procedures enabling contaminated waste to be handled and disposed of without risk.3. In isolation facilities where there are human patients or animals who are, or who are suspected of being, infected with group 3 or group 4 biological agents, containment measures shall be selected from those in Annex V column A, in order to minimise the risk of infection.Article 16Special measures for industrial processes, laboratories and animal rooms1. The following measures must be taken in laboratories, including diagnostic laboratories, and in rooms for laboratory animals which have been deliberately infected with group 2, 3 or 4 biological agents or which are or are suspected to be carriers of such agents.(a) Laboratories carrying out work which involves the handling of group 2, 3 or 4 biological agents for research, development, teaching or diagnostic purposes shall determine the containment measures in accordance with Annex V, in order to minimise the risk of infection.(b) Following the assessment referred to in Article 3, measures shall be determined in accordance with Annex V, after fixing the physical containment level required for the biological agents according to the degree of risk.Activities involving the handling of a biological agent must be carried out:- only in working areas corresponding to at least containment level 2, for a group 2 biological agent,- only in working areas corresponding to at least containment level 3, for a group 3 biological agent,- only in working areas corresponding to at least containment level 4, for a group 4 biological agent.(c) Laboratories handling materials in respect of which there exist uncertainties about the presence of biological agents which may cause human disease but which do not have as their aim working with biological agents as such (i.e. cultivating or concentrating them) should adopt containment level 2 at least. Containment levels 3 or 4 must be used, when appropriate, where it is known or it is suspected that they are necessary, except where guidelines provided by the competent national authorities show that, in certain cases, a lower containment level is appropriate.2. The following measures concerning industrial processes using group 2, 3 or 4 biological agents must be taken:(a) The containment principles set out in the second subparagraph of paragraph 1(b) should also apply to industrial processes on the basis of the practical measures and appropriate procedures given in Annex VI.(b) In accordance with the assessment of the risk linked to the use of group 2, 3 or 4 biological agents, the competent authorities may decide on appropriate measures which must be applied to the industrial use of such biological agents.3. For all activities covered by paragraphs 1 and 2 where it has not been possible to carry out a conclusive assessment of a biological agent but concerning which it appears that the use envisaged might involve a serious health risk for workers, activities may only be carried out in workplaces where the containment level corresponds at least to level 3.Article 17Use of dataThe Commission shall have access to the use made by the competent national authorities of the information referred to in Article 14(9).Article 18Classification of biological agents1. Community classification shall be on the basis of the definitions in the second paragraph of Article 2, points 2 to 4 (groups 2 to 4).2. Pending Community classification Member States shall classify biologial agents that are or may be a hazard to human health on the basis of the definition in the second paragraph of Article 2, points 2 to 4 (groups 2 to 4).3. If the biological agent tobe assessed cannot be classified clearly in one of the groups defined in the second paragraph of Article 2, it must be classified in the highest risk group among the alternatives.Article 19AnnexesPurely technical adjustments to the Annexes in the light of technical progress, changes in international regulations or specifications and new findings in the field of biological agents shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.Article 20Notifying the CommissionMember States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.Article 21RepealDirective 90/679/EEC, amended by the Directives referred to in Annex VIII, part A is repealed, without prejudice to the obligations of the Member States in respect of the deadlines for transposition laid down in Annex VIII, part B.References to the repealed Directive shall be construed as references to this Directive and shall be correlated in accordance with the correlation table set out in Annex IX.Article 22Entry into forceThis Directive enters into force on the twentieth day following its publication in the Official Journal of the European Communities.Article 23AddressesThis Directive is addressed to the Member States.Done at Brussels, 18 September 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentH. Védrine(1) OJ C 75, 15.3.2000, p. 15.(2) Opinion of the European Parliament of 13 June 2000 (not yet published in the Official Journal) and Council Decision of 17 July 2000.(3) OJ L 374, 31.12.1990, p. 1. Directive as last amended by Commission Directive 97/65/EC (OJ L 335, 6.12.1997, p. 17).(4) See Annex VIII, part A.(5) OJ L 183, 29.6.1989, p. 1.(6) OJ L 185, 9.7.1974, p. 15; Decision as last amended by the 1994 Act of Accession.(7) Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (OJ L 117, 8.5.1990, p. 1). Directive as last amended by Directive 98/81/EC (OJ L 330, 5.12.1998, p. 13).(8) Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ L 117, 8.5.1990, p. 15). Directive as last amended by Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).ANNEX IINDICATIVE LIST OF ACTIVITIES(Article 4(2))1. Work in food production plants.2. Work in agriculture.3. Work activities where there is contact with animals and/or products of animal origin.4. Work in healthcare, including isolation and post-mortem units.5. Work in clinical, veterinary and diagnostic laboratories, excluding diagnostic microbiological laboratories.6. Work in refuse disposal plants.7. Work in sewage purification installations.ANNEX IIBIOHAZARD SIGN(Article 6(2)(e))>PIC FILE= "L_2000262EN.002803.EPS">ANNEX IIICOMMUNITY CLASSIFICATIONArticle 2, second paragraph, and Article 18INTRODUCTORY NOTES1. In line with the scope of the Directive, only agents which are known to infect humans are to be included in the classified list.Where appropriate, indicators are given of the toxic and allergic potential of these agents.Animal and plant pathogens which are known not to affect man are excluded.In drawing up this list of classified biological agents consideration has not been given to genetically modified micro-organisms.2. The list of classified agents is based on the effect of those agents on healthy workers.No specific account is taken of particular effects on those whose susceptibility may be affected for one or other reason such as pre-existing disease, medication, compromised immunity, pregnancy or breast feeding.Additional risk to such workers should be considered as part of the risk assessment required by the Directive.In certain industrial processes, certain laboratory work or certain work with animals involving actual or potential exposure to biological agents of groups 3 or 4, any technical precautions taken must comply with Article 16 of the Directive.3. Biological agents which have not been classified for inclusion in groups 2 to 4 of the list are not implicitly classified in group 1.For agents where more than one species is known to be pathogenic to man, the list will include those species which are known to be the most frequently responsible for diseases, together with a more general reference to the fact that other species of the same genus may affect health.When a whole genus is mentioned in the classified list of biological agents, it is implicit that the species and strains known to be non-pathogenic are excluded.4. Where a strain is attenuated or has lost known virulence genes, then the containment required by the classification of its parent strain need not necessarily apply, subject to assessment appropriate for risk in the workplace.This is the case, for example, when such a strain is to be used as a product or part of a product for prophylactic or therapeutic purposes.5. The nomenclature of classified agents used to establish this list reflects and is in conformity with the latest international agreements of the taxonomy and nomenclature of agents at the time the list was prepared.6. The list of classified biological agents reflects the state of knowledge at the time that it was devised.It will be updated as soon as it no longer reflects the latest state of knowledge.7. Member States are to ensure that all viruses which have already been isolated in humains and which have not been assessed and allocated in this Annex are classified in group 2 as a minimum, except where Member States have proof that they are unlikely to cause disease in humans.8. Certain biological agents classified in group 3 which are indicated in the appended list by two asterisks (**), may present a limited risk of infection for workers because they are not normally infectious by the airborne route.Member States shall assess the containment measures to be applied to such agents, taking account of the nature of specific activities in question and of the quantity of the agent involved, with a view to determining whether, in particular circumstances, some of these measures may be dispensed with.9. The requirements as to containment consequent on the classification of parasites apply only to stages in the life cycle of the parasite in which it is liable to be infectious to humans at the workplace.10. This list also gives a separate indication in cases where the biological agents are likely to cause allergic or toxic reactions, where an effective vaccine is available, or wher it is advisable to keep a list of exposed workers for more than 10 years.These indications are shown by the following letters:A: Possible allergic effectsD: List of workers exposed to this biological agent to be kept for more than 10 years after the end of last known exposureT: Toxin productionV: Effective vaccine availableThe application of preventive vaccination should take account of the code of practice given in Annex VII.BACTERIAand similar organismsNB:For biological agents appearing on this list, "spp." refers to other species which are known pathogens in humans.>TABLE>VIRUSES>TABLE>PARASITES>TABLE>FUNGI>TABLE>ANNEX IVPRACTICAL RECOMMENDATIONS FOR THE HEALTH SURVEILLANCE OF WORKERS(Article 14(8))1. The doctor and/or the authority responsible for the health surveillance of workers exposed to biological agents must be familiar with the exposure conditions or circumstances of each worker.2. Health surveillance of workers must be carried out in accordance with the principles and practices of occupational medicine: it must include at least the following measures:- keeping records of a worker's medical and occupational history,- a personalised assessment of the worker's state of health.- where appropriate, biological monitoring, as well as detection of early and reversible effects.Further tests may be decided on for each worker when he is the subject of health surveillance, in the light of the most recent knowledge available to occupational medicine.ANNEX VINDICATIONS CONCERNING CONTAINMENT MEASURES AND CONTAINMENT LEVELS(Articles 15(3) and 16(1)(a) and (b))Preliminary noteThe measures contained in this Annex shall be applied according to the nature of the activities, the assessment of risk to workers, and the nature of the biological agent concerned.>TABLE>ANNEX VICONTAINMENT FOR INDUSTRIAL PROCESSES(Article 4(1) and Article 16(2)(a))Group 1 biological agentsFor work with group 1 biological agents including life attenuated vaccines, the principles of good occupational safety and hygiene should be observed.Groups 2, 3 and 4 biological agentsIt may be appropriate to select and combine containment requirements from different categories below on the basis of a risk assessment related to any particular process or part of a process.>TABLE>ANNEX VIIRECOMMENDED CODE OF PRACTICE ON VACCINATION(Article 14(3))1. If the assessment referred to in Article 3(2) reveals that there is a risk to the health and safety of workers due to their exposure to biological agents for which effective vaccines exist, their employers should offer them vaccination.2. Vaccination should be carried out in accordance with national law and/or practice.Workers should be informed of the benefits and drawbacks of both vaccination and non-vaccination.3. Vaccination must be offered free of charge to workers.4. A vaccination certificate may be drawn up which should be made available to the worker concerned and, on request, to the competent authorities.ANNEX VIIIPART ARepealed Directive with its successive amendments(referred to in Article 21)Council Directive 90/679/EEC (OJ L 374, 31.12.1990, p. 1)Council Directive 93/88/EEC (OJ L 268, 29.10.1993, p. 71)Commission Directive 95/30/EC (OJ L 155, 6.7.1995, p. 41)Commission Directive 97/59/EC (OJ L 282, 15.10.1997, p. 33)Commission Directive 97/65/EC (OJ L 335, 6.12.1997, p. 17)PART BDeadlines for transposition into national law(referred to in Article 21)>TABLE>ANNEX IXCORRELATION TABLE>TABLE>

Summary: Protection of workers from exposure to biological agents Protection of workers from exposure to biological agents SUMMARY OF: Directive 2000/54/EC — protection of workers from risks related to exposure to biological agents at work WHAT IS THE AIM OF THE DIRECTIVE? It sets rules concerning risk assessment and limitation if the exposure of the health and safety of workers to biological agents cannot be avoided. KEY POINTS This directive protects the health and safety of workers exposed to biological agents* (e.g. micro-organisms* or cell cultures*) whilst undertaking their work. Biological agents are classified into 4 risk groups, according to the risk of infection involved: group 1 includes agents that are unlikely to cause human disease; group 2 concerns agents that can cause human disease but are unlikely to spread to the community, for which effective treatment is available; group 3 includes agents that can cause human disease and may spread to the community, although prevention or treatment is possible; group 4 concerns agents that can cause severe human disease. They present a high risk of spreading to the community, for which there is no effective treatment. Risk assessment Risk assessment must be carried out for all professional activities that may expose workers to biological agents. The nature, degree and duration of exposure shall be determined in order to plan preventive measures.The employer must participate in regular risk assessments. Employers’ obligations If the activity so permits, the employer must replace the harmful agents with agents that are not dangerous or are less dangerous, considering their conditions of use and the level of scientific knowledge thereof. Moreover, if there is a risk to the safety or health of workers, the employer must ensure that such risk is reduced to a sufficiently low level. The employer may: limit the number of workers exposed to a minimum; control the release of agents into the workplace, using technical procedures; organise collective and/or individual protection measures; prevent or reduce accidental release outside the workplace, using hygiene measures; install risk warning signs; draw up plans to deal with accidents; provide for the collection, storage and disposal of waste; arrange for safe handling conditions and transport of biological agents. The employer is obliged to keep a list of workers exposed to group 3 and/or group 4 agents. This list may be kept for up to 40 years in some cases. Furthermore, the employer must inform the competent national authority when group 2, group 3 or group 4 biological agents are used for the first time. Lastly, the employer must ensure that workers and/or their representatives are sufficiently informed and trained, concerning: potential risks to health; precautions to be taken to prevent exposure; hygiene rules; use of protective equipment and clothing; measures to be taken in the case of incidents. If there is an accident or incident, the employer must inform workers and/or their representatives as soon as possible of the causes, risks and measures to be taken. Health surveillance EU countries must establish arrangements to carry out the health surveillance of workers, prior to and following exposure to biological agents. Amendments Annexes to Directive 2000/54/EC were substantially updated by amending Directive (EU) 2019/1833 amending Annexes I, III, V and VI to Directive 2000/54/EC of the European Parliament and of the Council as regards purely technical adjustments. Amending Directive (EU) 2020/739 adds SARS-CoV-2 to the list of biological agents known to infect humans and therefore amends Annex III to Directive 2000/54/EC accordingly. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 6 November 2000. KEY TERMS Biological agents: micro-organisms, including those which have been genetically modified, cell cultures and human endoparasites, which may be able to provoke any infection, allergy or toxicity. Micro-organism: a microbiological entity, cellular or non-cellular, capable of replication or of transferring genetic material. Cell culture: the in-vitro growth of cells derived from multicellular organisms. MAIN DOCUMENT Directive 2000/54/EC of the European Parliament and the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, pp. 21-45) Successive amendments to Directive 2000/54/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Directive (EU) 2020/739 of 3 June 2020 amending Annex III to Directive 2000/54/EC of the European Parliament and of the Council as regards the inclusion of SARS-CoV-2 in the list of biological agents known to infect humans and amending Commission Directive (EU) 2019/1833 (OJ L 175, 4.6.2020, pp. 11-14) Commission Directive (EU) 2019/1833 of 24 October 2019 amending Annexes I, III, V and VI to Directive 2000/54/EC of the European Parliament and of the Council as regards purely technical adjustments (OJ L 279, 31.10.2019, pp. 54-79) Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU (OJ L 134, 1.6.2010, pp. 66-72) 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 (OJ L 183, 29.6.1989, pp. 1-8) See consolidated version. last update 18.06.2020


EUR-Lex - 32000L0078 - EN Avis juridique important | 32000L0078 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation Official Journal L 303 , 02/12/2000 P. 0016 - 0022 Council Directive 2000/78/ECof 27 November 2000establishing a general framework for equal treatment in employment and occupationTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 13 thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the European Parliament(2),Having regard to the Opinion of the Economic and Social Committee(3),Having regard to the Opinion of the Committee of the Regions(4),Whereas:(1) In accordance with Article 6 of the Treaty on European Union, the European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to all Member States and it respects fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, as general principles of Community law.(2) The principle of equal treatment between women and men is well established by an important body of Community law, in particular in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(5).(3) In implementing the principle of equal treatment, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.(4) The right of all persons to equality before the law and protection against discrimination constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories. Convention No 111 of the International Labour Organisation (ILO) prohibits discrimination in the field of employment and occupation.(5) It is important to respect such fundamental rights and freedoms. This Directive does not prejudice freedom of association, including the right to establish unions with others and to join unions to defend one's interests.(6) The Community Charter of the Fundamental Social Rights of Workers recognises the importance of combating every form of discrimination, including the need to take appropriate action for the social and economic integration of elderly and disabled people.(7) The EC Treaty includes among its objectives the promotion of coordination between employment policies of the Member States. To this end, a new employment chapter was incorporated in the EC Treaty as a means of developing a coordinated European strategy for employment to promote a skilled, trained and adaptable workforce.(8) The Employment Guidelines for 2000 agreed by the European Council at Helsinki on 10 and 11 December 1999 stress the need to foster a labour market favourable to social integration by formulating a coherent set of policies aimed at combating discrimination against groups such as persons with disability. They also emphasise the need to pay particular attention to supporting older workers, in order to increase their participation in the labour force.(9) Employment and occupation are key elements in guaranteeing equal opportunities for all and contribute strongly to the full participation of citizens in economic, cultural and social life and to realising their potential.(10) On 29 June 2000 the Council adopted Directive 2000/43/EC(6) implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. That Directive already provides protection against such discrimination in the field of employment and occupation.(11) Discrimination based on religion or belief, disability, age or sexual orientation may undermine the achievement of the objectives of the EC Treaty, in particular the attainment of a high level of employment and social protection, raising the standard of living and the quality of life, economic and social cohesion and solidarity, and the free movement of persons.(12) To this end, any direct or indirect discrimination based on religion or belief, disability, age or sexual orientation as regards the areas covered by this Directive should be prohibited throughout the Community. This prohibition of discrimination should also apply to nationals of third countries but does not cover differences of treatment based on nationality and is without prejudice to provisions governing the entry and residence of third-country nationals and their access to employment and occupation.(13) This Directive does not apply to social security and social protection schemes whose benefits are not treated as income within the meaning given to that term for the purpose of applying Article 141 of the EC Treaty, nor to any kind of payment by the State aimed at providing access to employment or maintaining employment.(14) This Directive shall be without prejudice to national provisions laying down retirement ages.(15) The appreciation of the facts from which it may be inferred that there has been direct or indirect discrimination is a matter for national judicial or other competent bodies, in accordance with rules of national law or practice. Such rules may provide, in particular, for indirect discrimination to be established by any means including on the basis of statistical evidence.(16) The provision of measures to accommodate the needs of disabled people at the workplace plays an important role in combating discrimination on grounds of disability.(17) This Directive does not require the recruitment, promotion, maintenance in employment or training of an individual who is not competent, capable and available to perform the essential functions of the post concerned or to undergo the relevant training, without prejudice to the obligation to provide reasonable accommodation for people with disabilities.(18) This Directive does not require, in particular, the armed forces and the police, prison or emergency services to recruit or maintain in employment persons who do not have the required capacity to carry out the range of functions that they may be called upon to perform with regard to the legitimate objective of preserving the operational capacity of those services.(19) Moreover, in order that the Member States may continue to safeguard the combat effectiveness of their armed forces, they may choose not to apply the provisions of this Directive concerning disability and age to all or part of their armed forces. The Member States which make that choice must define the scope of that derogation.(20) Appropriate measures should be provided, i.e. effective and practical measures to adapt the workplace to the disability, for example adapting premises and equipment, patterns of working time, the distribution of tasks or the provision of training or integration resources.(21) To determine whether the measures in question give rise to a disproportionate burden, account should be taken in particular of the financial and other costs entailed, the scale and financial resources of the organisation or undertaking and the possibility of obtaining public funding or any other assistance.(22) This Directive is without prejudice to national laws on marital status and the benefits dependent thereon.(23) In very limited circumstances, a difference of treatment may be justified where a characteristic related to religion or belief, disability, age or sexual orientation constitutes a genuine and determining occupational requirement, when the objective is legitimate and the requirement is proportionate. Such circumstances should be included in the information provided by the Member States to the Commission.(24) The European Union in its Declaration No 11 on the status of churches and non-confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. With this in view, Member States may maintain or lay down specific provisions on genuine, legitimate and justified occupational requirements which might be required for carrying out an occupational activity.(25) The prohibition of age discrimination is an essential part of meeting the aims set out in the Employment Guidelines and encouraging diversity in the workforce. However, differences in treatment in connection with age may be justified under certain circumstances and therefore require specific provisions which may vary in accordance with the situation in Member States. It is therefore essential to distinguish between differences in treatment which are justified, in particular by legitimate employment policy, labour market and vocational training objectives, and discrimination which must be prohibited.(26) The prohibition of discrimination should be without prejudice to the maintenance or adoption of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientation, and such measures may permit organisations of persons of a particular religion or belief, disability, age or sexual orientation where their main object is the promotion of the special needs of those persons.(27) In its Recommendation 86/379/EEC of 24 July 1986 on the employment of disabled people in the Community(7), the Council established a guideline framework setting out examples of positive action to promote the employment and training of disabled people, and in its Resolution of 17 June 1999 on equal employment opportunities for people with disabilities(8), affirmed the importance of giving specific attention inter alia to recruitment, retention, training and lifelong learning with regard to disabled persons.(28) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.(29) Persons who have been subject to discrimination based on religion or belief, disability, age or sexual orientation should have adequate means of legal protection. To provide a more effective level of protection, associations or legal entities should also be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.(30) The effective implementation of the principle of equality requires adequate judicial protection against victimisation.(31) The rules on the burden of proof must be adapted when there is a prima facie case of discrimination and, for the principle of equal treatment to be applied effectively, the burden of proof must shift back to the respondent when evidence of such discrimination is brought. However, it is not for the respondent to prove that the plaintiff adheres to a particular religion or belief, has a particular disability, is of a particular age or has a particular sexual orientation.(32) Member States need not apply the rules on the burden of proof to proceedings in which it is for the court or other competent body to investigate the facts of the case. The procedures thus referred to are those in which the plaintiff is not required to prove the facts, which it is for the court or competent body to investigate.(33) Member States should promote dialogue between the social partners and, within the framework of national practice, with non-governmental organisations to address different forms of discrimination at the workplace and to combat them.(34) The need to promote peace and reconciliation between the major communities in Northern Ireland necessitates the incorporation of particular provisions into this Directive.(35) Member States should provide for effective, proportionate and dissuasive sanctions in case of breaches of the obligations under this Directive.(36) Member States may entrust the social partners, at their joint request, with the implementation of this Directive, as regards the provisions concerning collective agreements, provided they take any necessary steps to ensure that they are at all times able to guarantee the results required by this Directive.(37) In accordance with the principle of subsidiarity set out in Article 5 of the EC Treaty, the objective of this Directive, namely the creation within the Community of a level playing-field as regards equality in employment and occupation, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and impact of the action, be better achieved at Community level. 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 that objective,HAS ADOPTED THIS DIRECTIVE:CHAPTER IGENERAL PROVISIONSArticle 1PurposeThe purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal treatment.Article 2Concept of discrimination1. For the purposes of this Directive, the "principle of equal treatment" shall mean that there shall be no direct or indirect discrimination whatsoever on any of the grounds referred to in Article 1.2. For the purposes of paragraph 1:(a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on any of the grounds referred to in Article 1;(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons having a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons unless:(i) that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, or(ii) as regards persons with a particular disability, the employer or any person or organisation to whom this Directive applies, is obliged, under national legislation, to take appropriate measures in line with the principles contained in Article 5 in order to eliminate disadvantages entailed by such provision, criterion or practice.3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.4. An instruction to discriminate against persons on any of the grounds referred to in Article 1 shall be deemed to be discrimination within the meaning of paragraph 1.5. This Directive shall be without prejudice to measures laid down by national law which, in a democratic society, are necessary for public security, for the maintenance of public order and the prevention of criminal offences, for the protection of health and for the protection of the rights and freedoms of others.Article 3Scope1. Within the limits of the areas of competence conferred on the Community, this Directive shall apply to all persons, as regards both the public and private sectors, including public bodies, in relation to:(a) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;(b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;(c) employment and working conditions, including dismissals and pay;(d) membership of, and involvement in, an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.2. This Directive does not cover differences of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third-country nationals and stateless persons in the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.3. This Directive does not apply to payments of any kind made by state schemes or similar, including state social security or social protection schemes.4. Member States may provide that this Directive, in so far as it relates to discrimination on the grounds of disability and age, shall not apply to the armed forces.Article 4Occupational requirements1. Notwithstanding Article 2(1) and (2), Member States may provide that a difference of treatment which is based on a characteristic related to any of the grounds referred to in Article 1 shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.2. Member States may maintain national legislation in force at the date of adoption of this Directive or provide for future legislation incorporating national practices existing at the date of adoption of this Directive pursuant to which, in the case of occupational activities within churches and other public or private organisations the ethos of which is based on religion or belief, a difference of treatment based on a person's religion or belief shall not constitute discrimination where, by reason of the nature of these activities or of the context in which they are carried out, a person's religion or belief constitute a genuine, legitimate and justified occupational requirement, having regard to the organisation's ethos. This difference of treatment shall be implemented taking account of Member States' constitutional provisions and principles, as well as the general principles of Community law, and should not justify discrimination on another ground.Provided that its provisions are otherwise complied with, this Directive shall thus not prejudice the right of churches and other public or private organisations, the ethos of which is based on religion or belief, acting in conformity with national constitutions and laws, to require individuals working for them to act in good faith and with loyalty to the organisation's ethos.Article 5Reasonable accommodation for disabled personsIn order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, reasonable accommodation shall be provided. This means that employers shall take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. This burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the disability policy of the Member State concerned.Article 6Justification of differences of treatment on grounds of age1. Notwithstanding Article 2(2), Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.Such differences of treatment may include, among others:(a) the setting of special conditions on access to employment and vocational training, employment and occupation, including dismissal and remuneration conditions, for young people, older workers and persons with caring responsibilities in order to promote their vocational integration or ensure their protection;(b) the fixing of minimum conditions of age, professional experience or seniority in service for access to employment or to certain advantages linked to employment;(c) the fixing of a maximum age for recruitment which is based on the training requirements of the post in question or the need for a reasonable period of employment before retirement.2. Notwithstanding Article 2(2), Member States may provide that the fixing for occupational social security schemes of ages for admission or entitlement to retirement or invalidity benefits, including the fixing under those schemes of different ages for employees or groups or categories of employees, and the use, in the context of such schemes, of age criteria in actuarial calculations, does not constitute discrimination on the grounds of age, provided this does not result in discrimination on the grounds of sex.Article 7Positive action1. With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to any of the grounds referred to in Article 1.2. With regard to disabled persons, the principle of equal treatment shall be without prejudice to the right of Member States to maintain or adopt provisions on the protection of health and safety at work or to measures aimed at creating or maintaining provisions or facilities for safeguarding or promoting their integration into the working environment.Article 8Minimum requirements1. Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment than those laid down in this Directive.2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive.CHAPTER IIREMEDIES AND ENFORCEMENTArticle 9Defence of rights1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.2. Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.3. Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions as regards the principle of equality of treatment.Article 10Burden of proof1. Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.2. Paragraph 1 shall not prevent Member States from introducing rules of evidence which are more favourable to plaintiffs.3. Paragraph 1 shall not apply to criminal procedures.4. Paragraphs 1, 2 and 3 shall also apply to any legal proceedings commenced in accordance with Article 9(2).5. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.Article 11VictimisationMember States shall introduce into their national legal systems such measures as are necessary to protect employees against dismissal or other adverse treatment by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with the principle of equal treatment.Article 12Dissemination of informationMember States shall take care that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force in this field, are brought to the attention of the persons concerned by all appropriate means, for example at the workplace, throughout their territory.Article 13Social dialogue1. Member States shall, in accordance with their national traditions and practice, take adequate measures to promote dialogue between the social partners with a view to fostering equal treatment, including through the monitoring of workplace practices, collective agreements, codes of conduct and through research or exchange of experiences and good practices.2. Where consistent with their national traditions and practice, Member States shall encourage the social partners, without prejudice to their autonomy, to conclude at the appropriate level agreements laying down anti-discrimination rules in the fields referred to in Article 3 which fall within the scope of collective bargaining. These agreements shall respect the minimum requirements laid down by this Directive and by the relevant national implementing measures.Article 14Dialogue with non-governmental organisationsMember States shall encourage dialogue with appropriate non-governmental organisations which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight against discrimination on any of the grounds referred to in Article 1 with a view to promoting the principle of equal treatment.CHAPTER IIIPARTICULAR PROVISIONSArticle 15Northern Ireland1. In order to tackle the under-representation of one of the major religious communities in the police service of Northern Ireland, differences in treatment regarding recruitment into that service, including its support staff, shall not constitute discrimination insofar as those differences in treatment are expressly authorised by national legislation.2. In order to maintain a balance of opportunity in employment for teachers in Northern Ireland while furthering the reconciliation of historical divisions between the major religious communities there, the provisions on religion or belief in this Directive shall not apply to the recruitment of teachers in schools in Northern Ireland in so far as this is expressly authorised by national legislation.CHAPTER IVFINAL PROVISIONSArticle 16ComplianceMember States shall take the necessary measures to ensure that:(a) any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished;(b) any provisions contrary to the principle of equal treatment which are included in contracts or collective agreements, internal rules of undertakings or rules governing the independent occupations and professions and workers' and employers' organisations are, or may be, declared null and void or are amended.Article 17SanctionsMember States shall lay down the rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The sanctions, which may comprise the payment of compensation to the victim, must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 2 December 2003 at the latest and shall notify it without delay of any subsequent amendment affecting them.Article 18ImplementationMember States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 2 December 2003 at the latest or may entrust the social partners, at their joint request, with the implementation of this Directive as regards provisions concerning collective agreements. In such cases, Member States shall ensure that, no later than 2 December 2003, the social partners introduce the necessary measures by agreement, the Member States concerned being required to take any necessary measures to enable them at any time to be in a position to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.In order to take account of particular conditions, Member States may, if necessary, have an additional period of 3 years from 2 December 2003, that is to say a total of 6 years, to implement the provisions of this Directive on age and disability discrimination. In that event they shall inform the Commission forthwith. Any Member State which chooses to use this additional period shall report annually to the Commission on the steps it is taking to tackle age and disability discrimination and on the progress it is making towards implementation. The Commission shall report annually to the Council.When Member States adopt these measures, they shall contain a reference to this Directive or 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.Article 19Report1. Member States shall communicate to the Commission, by 2 December 2005 at the latest and every five years thereafter, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.2. The Commission's report shall take into account, as appropriate, the viewpoints of the social partners and relevant non-governmental organisations. In accordance with the principle of gender mainstreaming, this report shall, inter alia, provide an assessment of the impact of the measures taken on women and men. In the light of the information received, this report shall include, if necessary, proposals to revise and update this Directive.Article 20Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 21AddresseesThis Directive is addressed to the Member States.Done at Brussels, 27 November 2000.For the CouncilThe PresidentÉ. Guigou(1) OJ C 177 E, 27.6.2000, p. 42.(2) Opinion delivered on 12 October 2000 (not yet published in the Official Journal).(3) OJ C 204, 18.7.2000, p. 82.(4) OJ C 226, 8.8.2000, p. 1.(5) OJ L 39, 14.2.1976, p. 40.(6) OJ L 180, 19.7.2000, p. 22.(7) OJ L 225, 12.8.1986, p. 43.(8) OJ C 186, 2.7.1999, p. 3.

Summary: Equal treatment in employment and occupation Equal treatment in employment and occupation This directive sets out a general framework to ensure equal treatment of individuals in the European Union (EU) at the workplace regardless of their religion or belief, disability, age or sexual orientation. ACT Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. SUMMARY The directive aims to ensure that persons of a particular religion or belief, disability, age or sexual orientation do not suffer from discrimination and instead enjoy equal treatment in the workplace. What kind of discrimination does the directive cover? It covers both direct discrimination (differential treatment based on a specific characteristic) and indirect discrimination (any provision, criterion or practice which is apparently neutral but puts the people in the above categories at a disadvantage compared to others). Harassment, which creates a hostile environment, is deemed to be discrimination. Who does the directive apply to and who does it not apply to? The directive applies to all individuals, whether they are working in the public or private sectors, in relation to: conditions of access to employed or self-employed activities, including selection criteria and recruitment conditions and including promotion; vocational training; employment and working conditions (including dismissals and pay); membership of and involvement in an organisation of employers or workers or any other organisation whose members carry out a particular profession. The directive does not cover differences of treatment based on nationality or payments of any kind made by State schemes, including State social security or social protection schemes. What can be done to stop the discrimination? EU countries are obliged to ensure that judicial and/or administrative procedures are available to all people who consider themselves wronged by a failure to apply the principle of equal treatment to them. This still applies even after the relationship in which the discrimination is alleged to have occurred has ended. Further details about remedies and enforcement can be read in Chapter II of the directive. How can the situation be improved? According to a report (COM(2014) 2 final) on this directive and the Racial Equality Directive, the main challenge is to raise awareness of the protection that already exists and to ensure better practical application of the directives. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2000/78/EC 2.12.2000 2.12.2003 OJ L 303 of 2.12.2000 RELATED ACT Report from the Commission to the European Parliament and the Council: Joint Report on the application of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Racial Equality Directive) and of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (Employment Equality Directive) (COM(2014) 2 final of 17.1.2014 - not published in the Official Journal). Last updated: 27.06.2014


EUR-Lex - 32000L0079 - EN Avis juridique important | 32000L0079 Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (Text with EEA relevance) Official Journal L 302 , 01/12/2000 P. 0057 - 0060 Council Directive 2000/79/ECof 27 November 2000concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)(Text with EEA relevance)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 139(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Management and labour may, in accordance with Article 139(2) of the Treaty, request jointly that agreements concluded at Community level be implemented by a Council decision on a proposal from the Commission.(2) The Council adopted Directive 93/104/EC(1) concerning certain aspects of the organisation of working time. Civil aviation was one of the sectors and activities excluded from the scope of that Directive. The European Parliament and the Council adopted Directive 2000/34/EC amending Directive 93/104/EC in order to cover sectors and activities previously excluded.(3) The Commission, in accordance with Article 138(2) of the Treaty, has consulted management and labour on the possible direction of Community action with regard to the sectors and activities excluded from Directive 93/104/EC.(4) The Commission, considering after such consultation that Community action was desirable, once again consulted management and labour at Community level on the substance of the envisaged proposal in accordance with Article 138(3) of the Treaty.(5) The Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) have informed the Commission of their desire to enter into negotiations in accordance with Article 138(4) of the Treaty.(6) The said organisations concluded, on 22 March 2000, a European Agreement on the Organisation of Working Time of Mobile Staff in Civil Aviation.(7) This Agreement contains a joint request to the Commission to implement the Agreement by a Council decision on a proposal from the Commission, in accordance with Article 139(2) of the Treaty.(8) This Directive and the Agreement lay down more specific requirements within the meaning of Article 14 of Directive 93/104/EC as regards the organisation of working time of mobile staff in civil aviation.(9) Article 2(7) of Directive 93/104/EC defines mobile workers as any worker employed as a member of travelling or flying personnel by an undertaking which operates transport services for passengers or goods by road, air or inland waterway.(10) The proper instrument for implementing the Agreement is a Directive within the meaning of Article 249 of the Treaty.(11) In view of the highly integrated nature of the civil aviation sector and the conditions of competition prevailing in it, the objectives of this Directive to protect workers' health and safety cannot be sufficiently achieved by the Member States and Community action is therefore required in accordance with the subsidiarity principle laid down in Article 5 of the Treaty. This Directive does not go beyond what is necessary to achieve those objectives.(12) With regard to terms used in the Agreement which are not specifically defined therein, this Directive leaves Member States free to define those terms in accordance with national law and practice, as is the case for other social policy Directives using similar terms, providing that the said definitions are compatible with the Agreement.(13) The Commission has drafted its proposal for a Directive, in accordance with its Communication of 20 May 1998 "Adapting and promoting the social dialogue at Community level", taking into account the representative status of the signatory parties and the legality of each clause of the Agreement. The signatory parties together have a sufficiently representative status for flying personnel employed by an undertaking which operates transport services for passengers or goods in civil aviation.(14) The Commission has drafted its proposal for a Directive in compliance with Article 137(2) of the Treaty which provides that directives in the social policy domain "shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings".(15) This Directive and the Agreement establish minimum standards. Member States and/or management and labour may maintain or introduce more favourable provisions.(16) Implementation of this Directive should not serve to justify any regression in relation to the situation which already exists in each Member State.(17) The Commission has informed the European Parliament, the Economic and Social Committee and the Committee of the Regions by sending them the text of its proposal for a Directive incorporating the Agreement.(18) The European Parliament adopted a Resolution on the social partners' framework agreement on 3 October 2000.(19) The implementation of the Agreement contributes to achieving the objectives under Article 136 of the Treaty,HAS ADOPTED THIS DIRECTIVE:Article 1The purpose of this Directive is to implement the European Agreement on the organisation of working time of mobile staff in civil aviation concluded on 22 March 2000 between the organisations representing management and labour in the civil aviation sector: the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA).The text of the Agreement appears in the Annex.Article 21. Member States may maintain or introduce more favourable provisions than those laid down in this Directive.2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are complied with.Article 3Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 December 2003 or shall ensure that, by that date at the latest, management and labour have introduced the necessary measures by agreement. The Member States shall take any necessary measure to enable them at any time to be in a position to guarantee the results imposed by this Directive. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.Article 4This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 27 November 2000.For the CouncilThe PresidentÉ. Guigou(1) OJ L 307, 13.12.1993, p. 18. Directive as amended by Directive 2000/34/EC (OJ L 195, 1.8.2000, p. 41).ANNEXEuropean Agreement on the Organisation of Working Time of Mobile Staff in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)Having regard to the Treaty establishing the European Community and in particular Articles 138 and 139(2) thereof,Having regard to the fact that Article 139(2) of the Treaty provides that agreements concluded at European level may be implemented at the joint request of the signatory parties by a Council decision on a proposal from the Commission,Having regard to the fact that the signatory parties hereby make such a request,Having regard to the fact that the signatory parties consider that the provisions of this Agreement are "more specific requirements" within the meaning of Article 14 of Council Directive 93/104/EC, and that the provisions of that Directive should not apply,THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:Clause 11. The Agreement applies to the working time of mobile staff in civil aviation.2. It lays down more specific requirements within the meaning of Article 14 of Council Directive 93/104/EC relating to the organisation of working time of mobile staff in civil aviation.Clause 21. "Working time" means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice.2. "Mobile staff in civil aviation" means crew members on board a civil aircraft, employed by an undertaking established in a Member State.3. "Block flying time" means the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and until all engines are stopped.Clause 31. Mobile staff in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.Clause 41. (a) Mobile staff in civil aviation are entitled to a free health assessment before their assignment and thereafter at regular intervals.(b) Mobile staff in civil aviation suffering from health problems recognised as being connected with the fact that they also work at night will be transferred whenever possible to mobile or non-mobile day work to which they are suited.2. The free health assessment referred to in paragraph 1(a) shall comply with medical confidentiality.3. The free health assessment referred to in paragraph 1(a) may be conducted within the national health system.Clause 51. Mobile staff in civil aviation will have safety and health protection appropriate to the nature of their work.2. Adequate protection and prevention services or facilities with regard to the safety and health of mobile staff in civil aviation will be available at all times.Clause 6Necessary measures will be taken to ensure that an employer, who intends to organise work according to a certain pattern, takes account of the general principle of adapting work to the worker.Clause 7Information concerning specific working patterns of mobile staff in civil aviation should be provided to the competent authorities, if they so request.Clause 81. Working time should be looked at without prejudice to any future Community legislation on flight and duty time limitations and rest requirements and in conjunction with national legislation on this subject which should be taken into consideration in all related matters.2. The maximum annual working time, including some elements of standby for duty assignment as determined by the applicable law, shall be 2000 hours in which the block flying time shall be limited to 900 hours.3. The maximum annual working time shall be spread as evenly as practicable throughout the year.Clause 9Without prejudice to Clause 3, mobile staff in civil aviation shall be given days free of all duty and standby, which are notified in advance, as follows:(a) at least seven local days in each calendar month, which may include any rest periods required by law; and(b) at least 96 local days in each calendar year, which may include any rest periods required by law.Clause 10The parties shall review the above provisions two years after the end of the implementation period laid down in the Council Decision putting this Agreement into effect.Brussels, 22 March 2000.Association of European Airlines (AEA)Karl-Heinz Neumeister, Secretary GeneralManfred Merz, Vice Chairman of AEA Social Affairs Committee, Chairman of the Negotiating TeamEuropean Transport Workers' Federation (ETF)Brenda O'Brien, Assistant General SecretaryBetty Lecouturier, President, Cabin Crew CommitteeBent Gehlsen, Negotiating Group Member, Cabin Crew CommitteeEuropean Cockpit Association (ECA)Captain Francesco Gentile, ChairmanCaptain Bill Archer, Vice ChairmanGiancarlo Crivellaro, General SecretaryEuropean Regions Airline Association (ERA)Mike Ambrose, Director GeneralThe International Air Carrier Association (IACA)Marc Frisque, Director GeneralAllan Brown, Director, Aeropolitical and Industry Affairs

Summary: Organisation of working time of mobile workers in civil aviation Organisation of working time of mobile workers in civil aviation In order to provide more protection for the health and safety of employees in the civil aviation sector, this Directive establishes specific minimum standards for working time in this sector. It implements an agreement between the main employer and employee organisations at European level. ACT Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA). SUMMARY The transport sector was excluded from the Directive concerning certain aspects of the organisation of working time (first Directive dating from 1993) but included in the scope of Directive 2000/34/EC. These two texts were codified by Directive 2003/88/EC. This new basic Directive therefore includes mobile staff in civil aviation in its scope. However, the general provisions of the basic Directive do not apply to occupations for which ‘more specific requirements’ are adopted at Community level, which is the case here with mobile staff in civil aviation. On 22 March 2000 the employee and employer organisations in this sector signed a European Agreement on the Organisation of Working Time* of Mobile Staff in Civil Aviation*. This Agreement is annexed to the present Directive and is an integral part of it. The Council Directive provides for: at least four weeks’ paid annual leave and specific health and safety measures appropriate to the nature of the work. This leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated; a free health assessment before employees are assigned and thereafter at regular intervals, subject to medical confidentiality requirements; an obligation on the employer to adapt the pace of the work to the worker and to inform the competent authorities of this if required; health and safety protection appropriate to the nature of the work, including appropriate services and means of prevention and protection; a maximum annual working time of 2000 hours, with the total flight time* limited to 900 hours, spread as evenly as practicable throughout the year; a certain number of days free of all service (7 days per months and at least 96 days per year). The Agreement thus defines minimum standards, on the basis of which Member States may adopt more favourable provisions. The implementation of the text must not reduce the general standard of protection for workers in the fields it covers. On the basis of the 1998 Communication entitled "Adapting and promoting the social dialogue at Community level", the Commission evaluated the text of the Agreement according to the following points: representativeness and mandate of the contracting parties: the five contracting organisations operate at European level, are represented in all the Member States and cover a large majority of mobile staff in civil aviation; respect for the provisions protecting small and medium-sized enterprises (SMEs): Article 137 of the Treaty on European Union provides that social legislation 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. The Commission takes the view that the Agreement, which was signed by an employer organisation representing SMEs, complies with this provision; compatibility of the Agreement with Community law: the Commission is in favour of the objectives of the Agreement, which is in line with the Commission’s social agenda. The Agreement also confirms the vital role of the European social partners. Key terms used in the act Working time: any period during which the worker is at work, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice, Mobile staff in civil aviation: crew members on board a civil aircraft, employed by an undertaking established in a Member State, Block flying time: the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and until all engines are stopped. References Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2000/79/EC [adoption: consultation CNS/2000/0164] 1.12.2000 1.12.2003 OJ L 302 of 1.12.2000 Last updated: 15.01.2008