EUR-Lex - 31998L0059 - EN Avis juridique important | 31998L0059 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies Official Journal L 225 , 12/08/1998 P. 0016 - 0021 COUNCIL DIRECTIVE 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundanciesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),(1) Whereas for reasons of clarity and rationality Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies (3) should be consolidated;(2) Whereas it is important that greater protection should be afforded to workers in the event of collective redundancies while taking into account the need for balanced economic and social development within the Community;(3) Whereas, despite increasing convergence, differences still remain between the provisions in force in the Member States concerning the practical arrangements and procedures for such redundancies and the measures designed to alleviate the consequences of redundancy for workers;(4) Whereas these differences can have a direct effect on the functioning of the internal market;(5) Whereas the Council resolution of 21 January 1974 concerning a social action programme (4) made provision for a directive on the approximation of Member States' legislation on collective redundancies;(6) Whereas the Community Charter of the fundamental social rights of workers, adopted at the European Council meeting held in Strasbourg on 9 December 1989 by the Heads of State or Government of 11 Member States, states, inter alia, in point 7, first paragraph, first sentence, and second paragraph; in point 17, first paragraph; and in point 18, third indent:'7. The completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community (. . .).The improvement must cover, where necessary, the development of certain aspects of employment regulations such as procedures for collective redundancies and those regarding bankruptcies.(. . .)17. Information, consultation and participation for workers must be developed along appropriate lines, taking account of the practices in force in the various Member States.(. . .)18. Such information, consultation and participation must be implemented in due time, particularly in the following cases:(- . . .)(- . . .)- in cases of collective redundancy procedures;(- . . .)`;(7) Whereas this approximation must therefore be promoted while the improvement is being maintained within the meaning of Article 117 of the Treaty;(8) Whereas, in order to calculate the number of redundancies provided for in the definition of collective redundancies within the meaning of this Directive, other forms of termination of employment contracts on the initiative of the employer should be equated to redundancies, provided that there are at least five redundancies;(9) Whereas it should be stipulated that this Directive applies in principle also to collective redundancies resulting where the establishment's activities are terminated as a result of a judicial decision;(10) Whereas the Member States should be given the option of stipulating that workers' representatives may call on experts on grounds of the technical complexity of the matters which are likely to be the subject of the informing and consulting;(11) Whereas it is necessary to ensure that employers' obligations as regards information, consultation and notification apply independently of whether the decision on collective redundancies emanates from the employer or from an undertaking which controls that employer;(12) Whereas Member States should ensure that workers' representatives and/or workers have at their disposal administrative and/or judicial procedures in order to ensure that the obligations laid down in this Directive are fulfilled;(13) Whereas this Directive must not affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex I, Part B,HAS ADOPTED THIS DIRECTIVE:SECTION I Definitions and scope Article 1 1. For the purposes of this Directive:(a) 'collective redundancies` means dismissals effected by an employer for one or more reasons not related to the individual workers concerned where, according to the choice of the Member States, the number of redundancies is:(i) either, over a period of 30 days:- at least 10 in establishments normally employing more than 20 and less than 100 workers,- at least 10 % of the number of workers in establishments normally employing at least 100 but less than 300 workers,- at least 30 in establishments normally employing 300 workers or more,(ii) or, over a period of 90 days, at least 20, whatever the number of workers normally employed in the establishments in question;(b) 'workers' representatives` means the workers' representatives provided for by the laws or practices of the Member States.For the purpose of calculating the number of redundancies provided for in the first subparagraph of point (a), terminations of an employment contract which occur on the employer's initiative for one or more reasons not related to the individual workers concerned shall be assimilated to redundancies, provided that there are at least five redundancies.2. This Directive shall not apply to:(a) collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks except where such redundancies take place prior to the date of expiry or the completion of such contracts;(b) workers employed by public administrative bodies or by establishments governed by public law (or, in Member States where this concept is unknown, by equivalent bodies);(c) the crews of seagoing vessels.SECTION II Information and consultation Article 2 1. Where an employer is contemplating collective redundancies, he shall begin consultations with the workers' representatives in good time with a view to reaching an agreement.2. These consultations shall, at least, cover ways and means of avoiding collective redundancies or reducing the number of workers affected, and of mitigating the consequences by recourse to accompanying social measures aimed, inter alia, at aid for redeploying or retraining workers made redundant.Member States may provide that the workers' representatives may call on the services of experts in accordance with national legislation and/or practice.3. To enable workers' representatives to make constructive proposals, the employers shall in good time during the course of the consultations:(a) supply them with all relevant information and(b) in any event notify them in writing of:(i) the reasons for the projected redundancies;(ii) the number of categories of workers to be made redundant;(iii) the number and categories of workers normally employed;(iv) the period over which the projected redundancies are to be effected;(v) the criteria proposed for the selection of the workers to be made redundant in so far as national legislation and/or practice confers the power therefor upon the employer;(vi) the method for calculating any redundancy payments other than those arising out of national legislation and/or practice.The employer shall forward to the competent public authority a copy of, at least, the elements of the written communication which are provided for in the first subparagraph, point (b), subpoints (i) to (v).4. The obligations laid down in paragraphs 1, 2 and 3 shall apply irrespective of whether the decision regarding collective redundancies is being taken by the employer or by an undertaking controlling the employer.In considering alleged breaches of the information, consultation and notification requirements laid down by this Directive, account shall not be taken of any defence on the part of the employer on the ground that the necessary information has not been provided to the employer by the undertaking which took the decision leading to collective redundancies.SECTION III Procedure for collective redundances Article 3 1. Employers shall notify the competent public authority in writing of any projected collective redundancies.However, Member States may provide that in the case of planned collective redundancies arising from termination of the establishment's activities as a result of a judicial decision, the employer shall be obliged to notify the competent public authority in writing only if the latter so requests.This notification shall contain all relevant information concerning the projected collective redundancies and the consultations with workers' representatives provided for in Article 2, and particularly the reasons for the redundancies, the number of workers to be made redundant, the number of workers normally employed and the period over which the redundancies are to be effected.2. Employers shall forward to the workers' representatives a copy of the notification provided for in paragraph 1.The workers' representatives may send any comments they may have to the competent public authority.Article 4 1. Projected collective redundancies notified to the competent public authority shall take effect not earlier than 30 days after the notification referred to in Article 3(1) without prejudice to any provisions governing individual rights with regard to notice of dismissal.Member States may grant the competent public authority the power to reduce the period provided for in the preceding subparagraph.2. The period provided for in paragraph 1 shall be used by the competent public authority to seek solutions to the problems raised by the projected collective redundancies.3. Where the initial period provided for in paragraph 1 is shorter than 60 days, Member States may grant the competent public authority the power to extend the initial period to 60 days following notification where the problems raised by the projected collective redundancies are not likely to be solved within the initial period.Member States may grant the competent public authority wider powers of extension.The employer must be informed of the extension and the grounds for it before expiry of the initial period provided for in paragraph 1.4. Member States need not apply this Article to collective redundancies arising from termination of the establishment's activities where this is the result of a judicial decision.SECTION IV Final provisions Article 5 This Directive shall not affect the right of Member States to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to promote or to allow the application of collective agreements more favourable to workers.Article 6 Member States shall ensure that judicial and/or administrative procedures for the enforcement of obligations under this Directive are available to the workers' representatives and/or workers.Article 7 Member States shall forward to the Commission the text of any fundamental provisions of national law already adopted or being adopted in the area governed by this Directive.Article 8 1. The Directives listed in Annex I, Part A, are hereby repealed without prejudice to the obligations of the Member States concerning the deadlines for transposition of the said Directive set out in Annex I, Part B.2. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.Article 9 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 10 This Directive is addressed to the Member States.Done at Brussels, 20 July 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ C 210, 6. 7. 1998.(2) OJ C 158, 26. 5. 1997, p. 11.(3) OJ L 48, 22. 2. 1975, p. 29. Directive as amended by Directive 92/56/EEC (OJ L 245, 26. 8. 1992, p. 3).(4) OJ C 13, 12. 2. 1974, p. 1.ANNEX I PART A Repealed Directives (referred to by Article 8) Council Directive 75/129/EEC and its following amendment:Council Directive 92/56/EEC.PART B Deadlines for transposition into national law (referred to by Article 8) >TABLE>ANNEX II >TABLE>

Summary: Collective redundancies: staff information and consultation Collective redundancies: staff information and consultation SUMMARY OF: Council Directive 98/59/EC on the approximation of EU countries’ laws regarding collective redundancies WHAT IS THE AIM OF THE DIRECTIVE? It requires employers to inform and consult staff representatives in the case of collective redundancies*. It specifies the points which these consultations must cover and the information which the employer is required to provide. It also lays down procedural rules for collective redundancies. KEY POINTS The directive does not apply to: collective redundancies effected under contracts of employment concluded for limited periods of time or for specific tasks, except where those redundancies take place prior to the date of expiry or the completion of such contracts; workers employed by public administrative bodies or by establishments governed by public law. In addition, the rights of employees when the ownership of a business changes or the business becomes insolvent are covered by other EU rules. Consultations Any employer considering collective redundancies must hold consultations with the workers’ representatives in good time with a view to reaching an agreement. Consultations must at least cover the ways and means of: avoiding collective redundancies or reducing the number of workers affected and mitigating the consequences through accompanying social measures aimed notably at aid for redeploying or retraining those workers made redundant. The European Works Council improves workers’ rights to information and transnational consultation within companies operating across the EU. Information to be provided by the employer EU countries may put in place measures that enable workers’ representatives to call on the services of experts, in accordance with national rules. The employer must provide workers’ representatives with all relevant information during the course of the consultations and must notify them of the following in writing: the reasons for the redundancies; the period during which the redundancies will be made; the number and categories of workers normally employed; the number and categories of workers to be made redundant; the criteria used to select those workers to be made redundant; the method used to calculate compensation (where applicable). Procedure for collective redundancies The employer must follow the following procedure: Notify the competent public authority in writing of any projected collective redundancies. This notification must contain all the relevant information concerning the projected redundancies and consultations held, except for the method used to calculate compensation. Where the employees are crew of a seagoing vessel, the employer must notify the authorities of the country in which the vessel is registered. Forward a copy of the notification to the workers’ representatives, who may send comments to the competent public authority. Collective redundancies take effect — at the earliest — 30 days after the notification; the competent public authority uses this period to seek solutions. EU countries can grant the public authority the power to reduce this period or to extend it to 60 days following notification, in cases where the problems cannot be resolved within the initial period. Wider powers of extension may be granted. The employer must be informed of any extension and the grounds for it before expiry of the initial period. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 1 September 1998. BACKGROUND For more information, see: ‘Employee involvement — collective redundancies’ on the European Commission's website. * KEY TERMS Collective redundancies: a situation where an employer takes a decision to lay off a group of employees. MAIN DOCUMENT Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998, pp. 16-21) Successive amendments to Directive 98/59/EC have been incorporated in the original text. This consolidated version is of documentary value only. last update 04.12.2016


EUR-Lex - 31998D0500 - EN Avis juridique important | 31998D0500 98/500/EC: Commission Decision of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (notified under document number C(1998) 2334) (Text with EEA relevance) Official Journal L 225 , 12/08/1998 P. 0027 - 0028 COMMISSION DECISION of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (notified under document number C(1998) 2334) (Text with EEA relevance) (98/500/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas Article 118b of the Treaty states that the Commission is to endeavour to develop the dialogue between management and labour at European level which could, if the two sides consider it desirable, lead to relations based on agreement;Whereas point 12 of the Community Charter of the Fundamental Social Rights of Workers states that employers or employers' organizations, on the one hand, and workers' organizations, on the other, should have the right to negotiate and conclude collective agreements under the conditions laid down by national legislation and practice. The dialogue between the two sides of industry at European level which is to be developed, may, if the parties deem it desirable, result in contractual relations in particular at inter-occupational and sectoral level;Whereas the Commission in response to the Communication of 18 September 1996 concerning the development of the social dialogue at Community level (1) received a strong support from all involved parties in its suggestion to strengthen the sectoral social dialogue;Whereas the European Parliament, in its Resolution of 18 July 1997 (2), responding to that Commission Communication, called for a specific importance to be attached to the sectoral social dialogue since the impact of regulation and/or deregulation on employment in the economic sectors can best be assessed within the sectoral dialogue;Whereas the Economic and Social Committee in its opinion of 29 January 1997 (3), responding to that Commission Communication, stated that the sectoral dialogue must be effective, efficient and well-directed;Whereas the situation in the various Member States clearly demonstrates the need for the two sides of industry to participate actively in discussions on the improvement of living and working conditions in their sector; whereas a sectoral dialogue committee attached to the Commission is the most appropriate means of ensuring such participation, by creating at Community level a representative forum for the socio-economic interests involved;Whereas the Commission should endeavour to ensure that the membership and the activities of the Sectoral Dialogue Committees contribute to the promotion of equality between women and men;Whereas the existing Joint Committees should be replaced by the Sectoral Dialogue Committees; whereas the Decisions establishing those Committees should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1 Sectoral Dialogue Committees (hereinafter referred to as 'the Committees`) are hereby established in those sectors where the social partners make a joint request to take part in a dialogue at European level, and where the organisations representing both sides of industry fulfil the following criteria:(a) they shall relate to specific sectors or categories and be organised at European level;(b) they shall consist of organisations which are themselves an integral and recognized part of Member States' social partner structures and have the capacity to negotiate agreements, and which are representative of several Member States;(c) they shall have adequate structures to ensure their effective participation in the work of the Committees.Article 2 Each Committee shall, for the sector of activity for which it is established,(a) be consulted on developments at Community level having social implications, and(b) develop and promote the social dialogue at sectoral level.Article 3 The representatives of the two sides of industry taking part in the meetings of each Committee shall number a maximum of 40 in all, with an equal number of representatives of the employers' and workers' delegations.Article 4 The Commission shall invite the representatives to participate in the meetings of the Committees on a proposal from the social partner organisations which have made the request set out in Article 1.Article 5 1. Each Committee shall, together with the Commission, establish its own rules of procedure.2. The Committees shall be chaired by a representative of the employers' or employees' delegations or, at their joint request, by a representative of the Commission.3. The Committees shall meet at least once a year. A maximum of 30 representatives drawn from the two sides of industry taking part in a meeting of a Committee shall receive subsistence allowance and travelling expenses.4. The Commission shall regularly review, in consultation with the social partners, the functioning of the Sectoral Committee and the pursuit of their activities in the different sectors.Article 6 If the Commission has informed a Committee that a subject discussed relates to a matter of a confidential nature, members of the Committee shall be bound, without prejudice to the provisions of Article 214 of the Treaty, not to disclose any information acquired at the meetings of the Committee or its secretariat.Article 7 1. The Sectoral Dialogue Committees shall replace the existing Joint Committees, namely:(a) Joint Committee on Maritime Transport established by Commission Decision 87/467/EEC (4);(b) Joint Committee on Civil Aviation established by Commission Decision 90/449/EEC (5);(c) Joint Committee on Inland Navigation established by Commission Decision 80/991/EEC (6);(d) Joint Committee on Road Transport established by Commission Decision 85/516/EEC (7);(e) Joint Committee on Railways established by Commission Decision 85/13/EEC (8);(f) Joint Committee on Telecommunications Services established by Commission Decision 90/450/EEC (9);(g) Joint Committee on Social Problems of Agricultural Workers established by Commission Decision 74/442/EEC (10);(h) Joint Committee on Social Problems in Sea Fishing established by Commission Decision 74/441/EEC (11);(i) Joint Committee on Postal Services established by Commission Decision 94/595/EC (12).However, the Committees established by those decisions shall remain in office until the Sectoral Committees established by this Decision take office, but in any event no later than 31 December 1998.2. Subject to Article 1, the Sectoral Dialogue Committee shall also replace other informal working groups through which the Commission has heretofore promoted the social dialogue in certain sectors not covered by a Commission decision establishing a Joint Committee.3. The Decisions referred to in points (a) to (i) of paragraph 1 are repealed with effect from 1 January 1999.Done at Brussels, 20 May 1998.For the CommissionPádraig FLYNNMember of the Commission(1) COM(96) 448 final.(2) OJ C 286, 22. 9. 1997, p. 338.(3) OJ C 89, 19. 3. 1997, p. 27.(4) OJ L 253, 4. 9. 1987, p. 20.(5) OJ L 230, 24. 8. 1990, p. 22.(6) OJ L 297, 6. 11. 1980, p. 28.(7) OJ L 317, 28. 11. 1985, p. 33.(8) OJ L 8, 10. 1. 1985, p. 26.(9) OJ L 230, 24. 8. 1990, p. 25.(10) OJ L 243, 5. 9. 1974, p. 22.(11) OJ L 243, 5. 9. 1974, p. 19.(12) OJ L 225, 31. 8. 1994, p. 31.

Summary: Sectoral social dialogue Sectoral social dialogue SUMMARY OF: Decision 98/500/EC on promoting dialogue between the social partners at European level SUMMARY WHAT DOES THIS DECISION DO? It provides the basis for the creation of sectoral social dialogue committees in different areas of EU activity where employer and employee representatives (known as the ‘social partners’) can meet to discuss policy developments. They are a feature of the wider European social dialogue* which is an essential element of the EU’s social model and governance. KEY POINTS The sectoral dialogue committees are created in sectors where organisations representing workers and employers in this sector jointly indicate they wish to take part in a dialogue at EU level. They must: relate to specific economic sectors, such as banking or agriculture; consist of organisations which are recognised national social partners; have the capacity to negotiate agreements; and represent social partners of several EU countries; have the structure and resources to participate effectively in EU-level work. Each committee: is consulted on EU developments that have social implications in its area; develops and promotes the social dialogue within its remit; has a maximum number of 66 members, with an equal number of employer and employee representatives; establishes, together with the European Commission, its own rules of procedure; meets at least once a year; is chaired either by an employer or employee representative or by a Commission official; reviews regularly with the Commission its activities. The sectoral dialogue committees replace earlier forms of sectoral cooperation between social partners. FROM WHEN DOES THE DECISION APPLY? It applies from 20 May 1998. BACKGROUND Article 152 of the Treaty on the Functioning of the European Union confirms the EU’s commitment to support European social dialogue and recognises European social partners’ autonomy. Since 1998, the Commission has created over 40 sectoral social dialogue committees. They cover some 150 million workers in the EU in sectors such as different modes of transport, agriculture, construction, commerce, public services, construction of machinery and equipment, hotels and restaurants, and banking. The dialogue has led to agreement on around 900 texts of varying legal status. For more information, see Sectoral social dialogue on the European Commission’s website. KEY TERM * European social dialogue: discussions, consultations, negotiations and joint activities involving both sides of industry (employers and employees). ACT Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (OJ L 225, 12.8.1998, pp. 27-28) Successive amendments to Commission Decision 98/500/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED ACTS Commission staff working document on the functioning and potential of European sectoral social dialogue (SEC(2010) 964 final of 22.7.2010). last update 23.05.2016


25.7.1998 EN Official Journal of the European Communities L 209/46 COUNCIL DIRECTIVE 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 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), (1) Whereas one of the fundamental freedoms of the Community is the free movement of persons; whereas the Treaty provides that the Council shall, acting unanimously, adopt such measures in the field of social security as are necessary to provide freedom of movement of workers; (2) Whereas the social protection of workers is ensured by statutory social security schemes complemented by supplementary social security schemes; (3) Whereas the legislation already adopted by the Council with a view to protecting the social security rights of workers moving within the Community and of members of their family, namely Council Regulations (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (4) and (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (5), concern only statutory pension schemes; whereas the system of coordination provided for in those Regulations does not extend to supplementary pension schemes, except for schemes which are covered by the term ‘legislation’ as defined by the first subparagraph of Article l(j) of Regulation (EEC) No 1408/71 or in respect of which a Member State makes a declaration under that Article; (4) Whereas the Council has a wide discretion regarding the choice of the most appropriate measures for attaining the objective of Article 51 of the Treaty; and whereas the system of coordination provided for in Regulations (EEC) No 1408/71 and (EEC) No 574/72, and in particular the rules of aggregation, are not appropriate to supplementary pension schemes, except for schemes which are covered by the term ‘legislation’ as defined by the first subparagraph of Article l(j) of Regulation (EEC) No 1408/71 or in respect of which a Member State makes a declaration under that Article, and should therefore be subject to specific measures, of which this Directive is the first, in order to take account of their special nature and characteristics and the diversity of such schemes within and between Member States; (5) Whereas no pension or benefit should be subject to both the provisions of this Directive and those of Regulations (EEC) No 1408/71 and (EEC) No 574/72, and therefore any supplementary pension scheme which comes within the scope of those Regulations, because a Member State has made a declaration to that effect under Article l(j) of Regulation (EEC) No 1408/71, cannot be subject to the provisions of this Directive; (6) Whereas in its Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies (6) the Council recommended that Member States should ‘promote, where necessary, changes to the conditions governing the acquisition of pension and, especially, supplementary pension rights with a view to eliminating obstacles to the mobility of employed workers’; (7) Whereas a contribution to this objective can be made if workers who move or whose place of employment moves from one Member State to another are guaranteed equal treatment as regards the protection of their supplementary pension rights with workers who remain or whose place of employment changes but remains within the same Member State; (8) Whereas freedom of movement for persons, which is one of the basic rights enshrined in the Treaty, is not confined to employed persons but also extends to self-employed persons; (9) Whereas the Treaty does not provide powers other than those of Article 235 to take appropriate measures within the field of social security for self-employed persons; (10) Whereas, in order to enable the right of free movement to be exercised effectively, workers and others holding entitlement should have certain guarantees for equal treatment regarding the preservation of their vested pension rights deriving from supplementary pension schemes; (11) Whereas the Member States should take the necessary measures to ensure that benefits under supplementary pension schemes are paid to members and former members thereof as well as others holding entitlement under such schemes in all Member States, given that all restrictions on the free movement of payments and capital are prohibited under Article 73b of the Treaty; (12) Whereas in order to facilitate the exercise of the right to free movement, national regulations should, where necessary, be adjusted in order to enable contributions to continue to be made to a supplementary pension scheme established in one Member State by or on behalf of workers who are posted to another Member State in accordance with Title II of Regulation (EEC) No 1408/71; (13) Whereas in this regard the Treaty requires not only the abolition of any discrimination based on nationality between workers of the Member States but also the elimination of any national measure likely to impede or render less attractive for those workers the exercise of the fundamental freedoms guaranteed by the Treaty as interpreted by the Court of Justice of the European Communities in successive judgments; (14) Whereas workers exercising their right to free movement should be adequately informed by employers, trustees or others responsible for the management of supplementary pension schemes, particularly with regard to the choices and alternatives available to them; (15) Whereas this Directive is without prejudice to the laws of the Member States concerning collective action to defend the interests of trades and professions; (16) Whereas, by reason of the diversity of supplementary social security schemes, the Community should lay down only a general framework of objectives and therefore a Directive is the appropriate legal instrument; (17) Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community; whereas this Directive does not go beyond what is necessary to achieve those objectives, HAS ADOPTED THIS DIRECTIVE: CHAPTER I OBJECTIVE AND SCOPE Article 1 The aim of this Directive is to protect the rights of members of supplementary pension schemes who move from one Member State to another, thereby contributing to the removal of obstacles to the free movement of employed and self-employed persons within the Community. Such protection refers to pension rights under both voluntary and compulsory supplementary pension schemes, with the exception of schemes covered by Regulation (EEC) No 1408/71. Article 2 This Directive shall apply to members of supplementary pension schemes and others holding entitlement under such schemes who have acquired or are in the process of acquiring rights in one or more Member States. CHAPTER II DEFINITIONS Article 3 For the purpose of this Directive: (a) ‘supplementary pension’ means retirement pensions and, where provided for by the rules of a supplementary pension scheme established in conformity with national legislation and practice, invalidity and survivors' benefits, intended to supplement or replace those provided in respect of the same contingencies by statutory social security schemes; (b) ‘supplementary pension scheme’ means any occupational pension scheme established in conformity with national legislation and practice such as a group insurance contract or pay-as-you-go scheme agreed by one or more branches or sectors, funded scheme or pension promise backed by book reserves, or any collective or other comparable arrangement intended to provide a supplementary pension for employed or self-employed persons; (c) ‘pension rights’ means any benefits to which scheme members and others holding entitlement are entitled under the rules of a supplementary pension scheme and, where applicable, under national legislation; (d) ‘vested pension rights’ means any entitlement to benefits obtained after fulfilment of the conditions required by the rules of a supplementary pension scheme and, where applicable, under national legislation; (e) ‘posted worker’ means a person who is posted to work in another Member State and who under the terms of Title II of Regulation (EEC) No 1408/71 continues to be subject to the legislation of the Member State of origin, and ‘posting’ shall be construed accordingly; (f) ‘contribution’ means any payment made or deemed to have been made to a supplementary pension scheme. CHAPTER III MEASURES FOR SAFEGUARDING THE SUPPLEMENTARY PENSION RIGHTS OF WORKERS MOVING WIRHIN THE COMMUNITY Article 4 Equality of treatment as regards preservation of pension rights Member States shall take the necessary measures to ensure the preservation of vested pension rights for membrs of a supplementary pension scheme in respect of whom contributions are no longer being made to that scheme as a consequence of their moving from one Member State to another, to the same extent as for members in respect of whom contributions are no longer being made but who remain within the same Member State. This Article shall also apply to other persons holding entitlement under the rules of the supplementary pension scheme in question. Article 5 Cross border payments Member States shall ensure that, in respect of members of supplementary pension schemes, as well as others holding entitlement under such schemes, supplementary pension schemes make payment in other Member States, net of any taxes and transaction charges which may be applicable, of all benefits due under such schemes. Article 6 Contributions to supplementary pension schemes by and on behalf of posted workers 1. Member States shall adopt such measures as are necessary to enable contributions to continue to be made to a supplementary pension scheme established in a Member State by or on behalf of a posted worker who is a member of such a scheme during the period of his or her posting in another Member State. 2. Where, pursuant to paragraph 1, contributions continue to be made to a supplementary pension scheme in one Member State, the posted worker and, where applicable, his employer shall be exempted from any obligation to make contributions to a supplementary pension scheme in another Member State. Article 7 Information to scheme members Member States shall take measures to ensure that employers, trustees or others responsible for the management of supplementary pension schemes provide adequate information to scheme members, when they move to another Member State, as to their pension rights and the choices which are available to them under the scheme. Such information shall at least correspond to information given to scheme members in respect of whom contributions cease to be made but who remain within the same Member State. CHAPTER IV FINAL PROVISIONS Article 8 Member States may provide that the provisions of Article 6 shall apply only to postings that commence on or after 25 July 2001. Article 9 Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the provisions of this Directive to pursue their claims by judicial process after possible recourse to other competent authorities. Article 10 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 36 months following the date of its entry into force, or shall ensure by that date at the latest that management and labour introduce the requisite provisions by way of agreement. Member States shall take all necessary steps to enable themselves at all times to guarantee the results imposed by this Directive. They shall immediately inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. They shall inform the Commission of the national authorities to be contacted regarding the application of this Directive. 2. Not later than 25 January 2002 Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. 3. On the basis of the information supplied by Member States, the Commission shall submit a report to the European Parliament, the Council and the Economic and Social Committee, within six years of the entry into force of this Directive. The report shall deal with the application of this Directive and shall, where appropriate, propose any amendments that may prove necessary. Article 11 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 12 This Directive is addressed to the Member States. Done at Luxembourg, 29 June 1998. For the Council The President R. COOK (1) OJ C 5, 9. 1. 1998, p. 4. (2) OJ C 152, 18. 5. 1998. (3) OJ C 157, 25. 5. 1998, p. 26. (4) OJ L 149, 5. 7. 1971, p. 2. Regulation as last amended by Regulation (EC) No 1223/98 (OJ L 168, 13. 6. 1998, p. 1). (5) OJ L 74, 27. 3. 1972, p. 1. Regulation as last amended by Regulation (EC) No 1223/98 (OJ L 168, 13. 6. 1998, p. 1). (6) OJ L 245, 26. 8. 1992, p. 49.

Summary: Safeguarding supplementary pension rights Safeguarding supplementary pension rights This Directive is intended to remove obstacles to the free movement of employed and self-employed persons, while safeguarding their supplementary pension rights when moving from one Member State to another. This protection concerns both voluntary and compulsory pension schemes , with the exception of social security schemes covered by Regulation (EC) No 883/2004. ACT Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community. SUMMARY This Directive applies to members of supplementary pension schemes and others holding entitlement under such schemes who have acquired or are in the process of acquiring rights in one or more Member States. This Directive provides for four main measures to safeguard the supplementary pension rights of workers moving within the Community: Equality of treatment as regards preservation of pension rights Member States must, for persons who have left a supplementary pension scheme as a consequence of going to work in another Member State, take the necessary measures to ensure the preservation of vested pension rights to the same extent as for persons in respect of whom contributions are no longer being made but who remain within the same Member State. Directive 2014/50/EU, which must be incorporated in EU countries' national laws by 21.5.2018, ensures that anyone with supplementary pension rights does not lose out when they go to live or work in another EU country. It requires that: supplementary pension rights be guaranteed after 3 years of employment at the latest. If a minimum age is required, it must not be higher than 21 years; the rights of workers who leave an occupational pension scheme before retirement be preserved and treated like those who remain in the scheme on matters such as indexation. Cross-border payments Member States shall ensure that supplementary pension schemes make payment in other Member States, net of any taxes and transaction charges, of all benefits due under these supplementary schemes. Posted workers and supplementary pensions Posted workers have the option of remaining within the pension scheme in their country of origin during the period of posting in another Member State. Posted workers and, where applicable, their employers are thus exempted from any obligation to make contributions to a supplementary pension scheme in another Member State. Information to scheme members Employers, trustees or others responsible for the management of supplementary pension schemes shall provide adequate information to scheme members, when they move to another Member State, as to their pension rights and the choices which are available to them under the scheme. Under Directive 2014/50/EU, workers in a supplementary pension scheme can ask how stopping employment or moving would affect their supplementary pension rights and the conditions that would apply to the future treatment of those rights. People who have left the scheme must be informed about the value and treatment of their rights. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 98/49/EC 25.7.1998 25.1.2002 OJ L 209 of 25.7.1998 RELATED ACTS Green Paper of 7 July 2010 towards adequate, sustainable and safe European pension systems [COM(2010) 365 final - Not published in the Official Journal]. Directive 2014/50/EU of the European Parliament and of the Council on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (Official Journal L 128 of 30.4.2014). Last updated: 04.08.2014


EUR-Lex - 31998L0024 - EN Avis juridique important | 31998L0024 Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) Official Journal L 131 , 05/05/1998 P. 0011 - 0023 COUNCIL DIRECTIVE 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,Having regard to the proposal from the Commission (1), drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),(1) Whereas Article 118a of the Treaty provides that the Council shall adopt by means of Directives minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and health of workers;(2) Whereas, pursuant to that Article, such Directives 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;(3) Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations;(4) Whereas the respect of minimum requirements on the protection of the health and safety of workers from the risks related to chemical agents aims to ensure not only the protection of the health and safety of each individual worker but also to provide a level of minimum protection of all workers in the Community which avoids any possible distortion in the area of competition;(5) Whereas a consistent level of protection from the risks related to chemical agents has to be established for the Community as a whole; whereas that level of protection has to be set not by detailed prescriptive requirements but by a framework of general principles to enable Member States to apply the minimum requirements consistently;(6) Whereas a work activity involving chemical agents is likely to expose workers to risk;(7) Whereas Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (4), Council Directive 82/605/EEC of 28 July 1982 on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work (first individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (5) and Council Directive 88/364/EEC of 9 June 9 1988 on the protection of workers by the banning of certain specific agents and/or certain work activities (fourth individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (6), for the sake of consistency and clarity as well as for technical reasons, should be revised and included in a single Directive laying down minimum requirements for the protection of the health and safety of workers in work activities involving chemical agents; whereas these Directives can be repealed;(8) Whereas this Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391//EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (7);(9) Whereas therefore the provisions of the said Directive apply in full to the exposure of workers to chemical agents, without prejudice to more stringent and/or specific provisions contained in this Directive;(10) Whereas more stringent and/or specific provisions relating to the transport of hazardous chemical agents are contained in binding international agreements and conventions incorporated into Community provisions on transport of dangerous goods by road, rail, water and air;(11) Whereas in Directive 67/548/EEC (8) and Directive 88/379/EEC (9) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of, respectively, dangerous substances and preparations, the Council laid down a system of criteria for the classification of dangerous substances and preparations;(12) Whereas the definition of hazardous chemical agent should include any chemical substance which meets these criteria and also any chemical substance which whilst not meeting these criteria may because of its physico-chemical, chemical or toxicological properties, and the way it is used or is present in the workplace, present a risk to the safety and health of workers;(13) Whereas in Directive 90/492/EEC (10) the Commission defined and laid down a system of specific information on dangerous substances and preparations, in the form of safety data sheets principally intended for industrial users to enable them to take the measures necessary to ensure the protection of the safety and health of workers; whereas Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (11) establishes a system for marking containers and pipes used for dangerous substances or preparations at work;(14) Whereas the employer should assess any risk to the safety and health of workers arising from the presence of hazardous chemical agents at the workplace, in order to take the necessary preventive and protective measures set out in this Directive;(15) Whereas the preventive measures identified by the assessment of risk and taken by the employer should be consistent with the need to protect public health and the environment;(16) Whereas, to supplement the information available to workers so as to ensure an improved level of protection, it is necessary for workers and their representatives to be informed about the risks which chemical agents can pose for their safety and health and about the measures necessary to reduce or eliminate those risks, and for them to be in a position to check that the necessary protective measures are taken;(17) Whereas the health surveillance of workers for whom the results of the aforementioned assessment reveal a risk to health, can contribute to the prevention and protection measures to be undertaken by the employer;(18) Whereas the employer must on a regular basis carry out evaluation and measurements and be aware of new developments in technology with a view to improving the protection of workers's safety and health;(19) Whereas the latest scientific data should be evaluated by independent scientists to assist the Commission in setting occupational exposure limit values;(20) Whereas, although in some cases scientific knowledge may not be such that a level of exposure to a chemical agent can be established below which risks to health cease to exist, a reduction in exposure to these chemical agents will nonetheless reduce these risks;(21) Whereas in Directive 91/322/EEC (12) and Directive 96/94/EC (13) the Commission laid down indicative limit values as provided for by Directive 80/1107/EEC; whereas the former Directives should be maintained as part of the current framework;(22) Whereas necessary technical adjustments to this Directive should be drawn up by the Commission in cooperation with the Committee set up by Directive 89/391/EEC to assist the Commission in making technical adaptations to individual Directives adopted under the framework of that Directive; whereas the Commission, after first seeking the advice of the Advisory Committee on Safety, Hygiene and Health Protection at Work in accordance with Decision 74/325/EEC (14), should also draw up practical guidelines for the application of this Directive;(23) Whereas the repeal of Directive 80/1107/EEC must not give rise to the lowering of the present standards of worker protection from chemical, physical and biological agents; whereas standards resulting from the existing Directives on biological agents, the proposed Directive on physical agents, this Directive and any amendments to these texts should reflect and at least maintain the standards laid down in the said Directive;(24) Whereas this Directive is a practical contribution towards creating the social dimension of the internal market,HAS ADOPTED THIS DIRECTIVE:SECTION I GENERAL PROVISIONS Article 1 Objective and scope 1. This Directive, which is the fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the protection of workers from risks to their safety and health arising, or likely to arise, from the effects of chemical agents that are present at the workplace or as a result of any work activity involving chemical agents.2. The requirements of this Directive apply where hazardous chemical agents are present or may be present at the workplace, without prejudice to the provisions for chemical agents to which measures for radiation protection apply pursuant to Directives adopted under the Treaty establishing the European Atomic Energy Community.3. For carcinogens at work the provisions of this Directive shall apply without prejudice to more stringent and/or specific provisions contained in Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (15).4. The provisions of Directive 89/391/EEC shall apply fully to the whole field referred to in this Article, without prejudice to more stringent and/or specific provisions contained in this Directive.5. As far as the transport of hazardous chemical agents is concerned, the provisions of this Directive shall apply without prejudice to more stringent and/or specific provisions contained in Directive 94/55/EC (16), in Directive 96/49/EC (17), in the provisions of the IMDG Code, IBC Code and IGC Code as defined in Article 2 of Directive 93/75/EEC (18), in the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway and of the Regulation for the Carriage of Dangerous Substances on the Rhine as incorporated in Community law and in the technical instructions for the safe transport of dangerous goods issued, at the date of entry into force of this Directive, by the International Civil Aviation Organisation.Article 2 Definitions For the purpose of this Directive, the terms used shall have the following meanings:(a) 'Chemical agent` means any chemical element or compound, on its own or admixed, as it occurs in the natural state or as produced, used or released, including release as waste, by any work activity, whether or not produced intentionally and whether or not placed on the market;(b) 'Hazardous chemical agent` means:(i) any chemical agent which meets the criteria for classification as a dangerous substance according to the criteria in Annex VI to Directive 67/548/EEC, whether or not that substance is classified under that Directive, other than those substances which only meet the criteria for classification as dangerous for the environment;(ii) any chemical agent which meets the criteria for classification as a dangerous preparation within the meaning of Directive 88/379/EEC, whether or not that preparation is classified under that Directive, other than those preparations which only meet the criteria for classification as dangerous for the environment;(iii) any chemical agent which, whilst not meeting the criteria for classification as dangerous in accordance with (i) and (ii), may, because of its physico-chemical, chemical or toxicological properties and the way it is used or is present in the workplace, present a risk to the safety and health of workers, including any chemical agent assigned an occupational exposure limit value under Article 3.(c) 'Activity involving chemical agents` means any work in which chemical agents are used, or are intended to be used, in any process, including production, handling, storage, transport or disposal and treatment, or which result from such work;(d) 'Occupational exposure limit value` means, unless otherwise specified, the limit of the time-weighted average of the concentration of a chemical agent in the air within the breathing zone of a worker in relation to a specified reference period;(e) 'Biological limit value` means the limit of the concentration in the appropriate biological medium of the relevant agent, its metabolite, or an indicator of effect;(f) 'Health surveillance` means the assessment of an individual worker to determine the state of health of that individual, as related to exposure to specific chemical agents at work;(g) 'Hazard` means the intrinsic property of a chemical agent with the potential to cause harm;(h) 'Risk` means the likelihood that the potential for harm will be attained under the conditions of use and/or exposure.Article 3 Occupational exposure limit values and biological limit values 1. The Commission shall evaluate the relationship between the health effects of hazardous chemical agents and the level of occupational exposure by means of an independent scientific assessment of the latest available scientific data.2. On the basis of the evaluation described in paragraph 1, the Commission, after first consulting the Advisory Committee on Safety, Hygiene and Health protection at Work, shall propose European objectives in the form of indicative occupational exposure limit values for the protection of workers from chemical risks, to be set at Community level.These limit values shall be established or revised, taking into account the availability of measurement techniques, in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC. Member States shall keep workers' and employers' organisations informed of indicative occupational exposure limit values set at Community level.3. For any chemical agent for which an indicative occupational exposure limit value is established at Community level, Member States shall establish a national occupational exposure limit value, taking into account the Community limit value, determining its nature in accordance with national legislation and practice.4. Binding occupational exposure limit values may be drawn up at Community level and, in addition to the factors considered when establishing indicative occupational exposure limit values, shall reflect feasibility factors while maintaining the aim of ensuring the health of workers at work. Such limit values shall be established in accordance with Article 118a of the Treaty and laid down in Annex I to this Directive.5. For any chemical agent for which a binding occupational exposure limit value is established. Member States shall establish a corresponding national binding occupational exposure limit value based on, but not exceeding, the Community limit value.6. Binding biological limit values may be drawn up at Community level on the basis of the evaluation described in paragraph 1 and of the availability of measurement techniques, and shall reflect feasibility factors while maintaining the aim of ensuring the health of workers at work. Such limit values shall be established in accordance with the procedure laid down in Article 118a of the Treaty and laid down in Annex II to this Directive, together with other relevant health surveillance information.7. For any chemical agent for which a binding biological limit value is established, Member States shall establish a corresponding national binding biological limit value based on, but not exceeding, the Community limit value.8. Where a Member State introduces or revises a national occupational exposure limit value or a national biological limit value for a chemical agent, it shall inform the Commission and other Member States thereof together with the relevant scientific and technical data. The Commission shall undertake the appropriate action.9. On the basis of the reports provided by the Member States under Article 15, the Commission shall carry out an assessment of the way in which Member States have taken account of Community indicative limit values when establishing the corresponding national occupational exposure limit values.10. Standardised methods for the measurement and evaluation of workplace air concentrations in relation to occupational exposure limit values shall be developed in accordance with Article 12(2).SECTION II EMPLOYERS' OBLIGATIONS Article 4 Determination and assessment of risk of hazardous chemical agents 1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall first determine whether any hazardous chemical agents are present at the workplace. If so, he shall then assess any risk to the safety and health of workers arising from the presence of those chemical agents, taking into consideration the following:- their hazardous properties,- information on safety and health that shall be provided by the supplier, (e.g. the relevant safety data sheet in accordance with the provisions of Directive 67/548/EEC or Directive 88/379/EEC),- the level, type and duration of exposure,- the circumstances of work involving such agents, including their amount,- any occupational exposure limit values or biological limit values established on the territory of the Member State in question,- the effect of preventive measures taken or to be taken,- where available, the conclusions to be drawn from any health surveillance already undertaken.The employer shall obtain additional information which is needed for the risk assessment from the supplier or from other readily available sources. Where appropriate, this information shall comprise the specific assessment concerning the risk to users established on the basis of Community legislation on chemical agents.2. The employer must be in possession of an assessment of the risk in accordance with Article 9 of Directive 89/391/EEC, and shall identify which measures have been taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be documented in a suitable form according to national law and practice, and may include a justification by the employer that the nature and extent of the risks related to chemical agents make a further detailed risk assessment unnecessary. The risk assessment shall be kept up-to-date, particularly if there have been significant changes which could render it out-of-date, or when the results of health surveillance show it to be necessary.3. Certain activities within the undertaking or establishment, such as maintenance, in respect of which it is foreseeable that there is a potential for significant exposure, or which may result in deleterious effects to safety and health for other reasons, even after all technical measures have been taken, shall be included in the risk assessment.4. In the case of activities involving exposure to several hazardous chemical agents, the risk shall be assessed on the basis of the risk presented by all such chemical agents in combination.5. In the case of a new activity involving hazardous chemical agents, work shall only commence after an assessment of the risk of that activity has been made and any preventive measures identified have been implemented.6. Practical guidelines for the determination and assessment of risk, and for their review and, if necessary, adjustment, shall be developed in accordance with Article 12(2).Article 5 General principles for prevention of risks associated with hazardous chemical agents and application of this Directive in relation to assessment of risks 1. In carrying out his obligation to ensure the health and safety of workers in any activity involving hazardous chemical agents the employer shall take the necessary preventive measures set out in Article 6(1) and (2) of Directive 89/391/EEC and include the measures set out in this Directive.2. Risks to the health and safety of workers at work involving hazardous chemical agents shall be eliminated or reduced to a minimum by:- the design and organisation of systems of work at the workplace,- the provision of suitable equipment for work with chemical agents and maintenance procedures which ensure the health and safety of workers at work,- reducing to a minimum the number of workers exposed or likely to be exposed,- reducing to a minimum the duration and intensity of exposure,- appropriate hygiene measures,- reducing the quantity of chemical agents present at the workplace to the minimum required for the type of work concerned,- suitable working procedures including arrangements for the safe handling, storage and transport within the workplace of hazardous chemical agents and waste containing such chemical agents.Practical guidelines for preventive measures to control risk shall be developed in accordance with Article 12(2).3. Where the results of the assessment referred to in Article 4(1) reveal a risk to the safety and health of workers, the specific protection, prevention and monitoring measures laid down in Articles 6, 7 and 10 shall be applied.4. Where the results of the risk assessment referred to in Article 4(1) show that, because of the quantities of a hazardous chemical agent present in the workplace, there is only a slight risk to the safety and health of workers, and the measures taken in accordance with paragraphs 1 and 2 of this Article are sufficient to reduce that risk, the provisions of Articles 6, 7 and 10 shall not apply.Article 6 Specific protection and prevention measures 1. The employer shall ensure that the risk from a hazardous chemical agent to the safety and health of workers at work is eliminated or reduced to a minimum.2. In applying paragraph 1, substitution shall by preference be undertaken, whereby the employer shall avoid the use of a hazardous chemical agent by replacing it with a chemical agent or process which, under its condition of use, is not hazardous or less hazardous to workers' safety and health, as the case may be.Where the nature of the activity does not permit risk to be eliminated by substitution, having regard to the activity and risk assessment referred to in Article 4, the employer shall ensure that the risk is reduced to a minimum by application of protection and prevention measures, consistent with the assessment of the risk made pursuant to Article 4. These will include, in order of priority:(a) design of appropriate work processes and engineering controls and use of adequate equipment and materials, so as to avoid or minimise the release of hazardous chemical agents which may present a risk to workers' safety and health at the place of work;(b) application of collective protection measures at the source of the risk, such as adequate ventilation and appropriate organizational measures;(c) where exposure cannot be prevented by other means, application of individual protection measures including personal protective equipment.Practical guidelines for protection and prevention measures to control risk shall be developed in accordance with Article 12(2).3. The measures referred to in paragraph 2 of this Article shall be accompanied by health surveillance in accordance with Article 10 if it is appropriate to the nature of the risk.4. Unless the employer clearly demonstrates by other means of evaluation that, in accordance with paragraph 2, adequate prevention and protection have been achieved, the employer shall carry out on a regular basis, and when any change occurs in the conditions which may affect workers' exposure to chemical agents, such measurements of chemical agents which may present a risk to worker's health at the workplace as are necessary, in particular in relation to the occupational exposure limit values.5. The employer shall take into account the results of the procedures referred to in paragraph 4 of this Article in carrying out the obligations laid down in or resulting as a consequence of Article 4.In any event, where an occupational exposure limit value effectively established on the territory of a Member State has been exceeded, the employer shall immediately take steps, taking into account the nature of that limit, to remedy the situation by carrying out preventive and protective measures.6. On the basis of the overall assessment of and general principles for the prevention of risks in Articles 4 and 5, the employer shall take technical and/or organisational measures appropriate to the nature of the operation, including storage, handling and segregation of incompatible chemical agents, providing protection of workers against hazards arising from the physico-chemical properties of chemical agents. In particular he shall take measures, in order of priority, to:(a) prevent the presence at the workplace of hazardous concentrations of inflammable substances or hazardous quantities of chemically unstable substances or, where the nature of the work does not allow that,(b) avoid the presence of ignition sources which could give rise to fires and explosions, or adverse conditions which could cause chemically unstable substances or mixtures of substances to give rise to harmful physical effects, and(c) mitigate the detrimental effects to the health and safety of workers in the event of fire or explosion due to the ignition of inflammable substances, or harmful physical effects arising from chemically unstable substances or mixtures of substances.Work equipment and protective systems provided by the employer for the protection of workers shall comply with the relevant Community provisions on design, manufacture and supply with respect to health and safety. Technical and/or organisational measures taken by the employer shall take account of and be consistent with the equipment group categorisation in Annex I to Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (19).The employer shall take measures to provide sufficient control of plant, equipment and machinery or provision of explosion suppression equipment or explosion pressure relief arrangements.Article 7 Arrangements to deal with accidents, incidents and emergencies 1. Without prejudice to the obligations laid down in Article 8 of Directive 89/391/EEC, the employer shall, in order to protect the safety and health of workers from an accident, incident or emergency related to the presence of hazardous chemical agents at the workplace, establish procedures (action plans) which can be put into effect when any such event occurs, so that appropriate action is taken. These arrangements shall include any relevant safety drills which are to be performed at regular intervals, and the provision of appropriate first aid facilities.2. In the case of the occurrence of an event such as is mentioned in paragraph 1, the employer shall immediately take steps to mitigate the effects of the event and to inform the workers concerned thereof.In order to restore the situation to normal:- the employer shall implement appropriate measures to remedy the situation as soon as possible,- only those workers who are essential to the carrying out of repairs and other necessary work shall be permitted to work in the affected area.3. The workers who are permitted to work in the affected area shall be provided with appropriate protective clothing, personal protective equipment, specialised safety equipment and plant which they must use as long as the situation persists; that situation shall not be permanent.Unprotected persons shall not be permitted to remain in the affected area.4. Without prejudice to Article 8 of Directive 89/391/EEC the employer shall take the measures necessary to provide the warning and other communication systems required to signal an increased risk to safety and health, to enable an appropriate response and to launch remedial actions, assistance, escape and rescue operations immediately if the need arises.5. The employer shall ensure that information on emergency arrangements involving hazardous chemical agents is available. The relevant internal and external accident and emergency services shall have access to this information. It shall include the following:- advance notice of relevant work hazards, hazard identification arrangements, precautions and procedures, so that the emergency services can prepare their own response procedures and precautionary measures; and- any available information concerning specific hazards arising, or likely to rise, at the time of an accident or emergency, including information on procedures prepared pursuant to this Article.Article 8 Information and training for workers 1. Without prejudice to Articles 10 and 12 of Directive 89/391/EEC the employer shall ensure that workers and/or their representatives are provided with:- the data obtained pursuant to Article 4 of this Directive, and further informed whenever a major alteration at the workplace leads to a change in these data,- information on the hazardous chemical agents occurring in the workplace, such as the identity of those agents, the risks to safety and health, relevant occupational exposure limit values and other legislative provisions,- training and information on appropriate precautions and actions to be taken in order to safeguard themselves and other workers at the workplace,- access to any safety data sheet provided by the supplier in accordance with Article 10 of Directive 88/379/EEC and Article 27 of Directive 92/32/EEC (20);and that the information is:- provided in a manner appropriate to the outcome of the risk assessment pursuant to Article 4 of this Directive. This may vary from oral communication to individual instruction and training supported by information in writing, depending on the nature and degree of the risk revealed by the assessment required by the said Article,- updated to take account of changing circumstances.2. Where containers and pipes for hazardous chemical agents used at work are not marked in accordance with the relevant Community legislation on the labelling of chemical agents and on safety signs at the workplace, the employer shall, without prejudice to the derogations provided for in the abovementioned legislation, ensure that the contents of the containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.3. Member States may take measures necessary to ensure that employers may, preferably from the producer or supplier, obtain on request all information on hazardous chemical agents needed to apply Article 4(1) of this Directive, insofar as Directives 67/548/EEC and 88/379/EEC do not include any obligation to provide information.SECTION III MISCELLANEOUS PROVISIONS Article 9 Prohibitions 1. To prevent the exposure of workers to health risks from certain chemical agents and/or certain activities involving chemical agents, the production, manufacture or use at work of the chemical agents and the activities set out in Annex III shall be prohibited to the extent specified therein.2. Member States may permit derogations from requirements of paragraph 1 in the following circumstances:- for the sole purpose of scientific research and testing, including analysis,- for activities intended to eliminate chemical agents that are present in the form of by-products or waste products,- for the production of the chemical agents referred to in paragraph 1 for use as intermediates, and for such use.The exposure of workers to chemical agents referred to in paragraph 1 must be prevented, in particular by providing that the production and earliest possible use of such chemical agents as intermediates must take place in a single closed system, from which the aforesaid chemical agents may be removed only to the extent necessary to monitor the process or service the system.Member States may provide for systems of individual authorisations.3. When derogations are permitted pursuant to paragraph 2, the competent authority shall request the employer to submit the following information:- the reason for requesting the derogation,- the quantity of the chemical agent to be used annually,- the activities and/or reactions or processes involved,- the number of workers liable to be involved,- the precautions envisaged to protect the safety and health of workers concerned,- the technical and organisational measures taken to prevent the exposure of workers.4. The Council, in accordance with the procedure laid down in Article 118a of the Treaty, may amend the list of prohibitions under paragraph 1 of this Article, to include further chemical agents or activities.Article 10 Health surveillance 1. Without prejudice to Article 14 of Directive 89/391/EEC, Member States shall introduce arrangements for carrying out appropriate health surveillance of workers for whom the results of the assessment referred to in Article 4 of this Directive reveal a risk to health. These arrangements, including the requirements specified for health and exposure records and their availability, shall be introduced in accordance with national laws and/or practice.Health surveillance, the results of which shall be taken into account in applying preventive measures in the specific workplace, shall be appropriate where:- the exposure of the worker to a hazardous chemical agent is such that an identifiable disease or adverse health effect may be related to the exposure, and- there is a likelihood that the disease or effect may occur under the particular conditions of the worker's work, and- the technique of investigation is of low risk to workers.Furthermore, there shall be valid techniques for detecting indications of the disease or effect.Where a binding biological limit value has been set as indicated in Annex II, health surveillance shall be a compulsory requirement for work with the hazardous chemical agent in question, in accordance with the procedures in that Annex. Workers shall be informed of this requirement before being assigned to the task involving risk of exposure to the hazardous chemical agent indicated.2. Member States shall establish arrangements to ensure that for each worker who undergoes health surveillance in accordance with the requirements of paragraph 1, individual health and exposure records are made and kept up-to-date.3. Health and exposure records shall contain a summary of the results of health surveillance carried out and of any monitoring data representative of the exposure of the individual. Biological monitoring and related requirements may form part of health surveillance.Health and exposure records shall be kept in a suitable form so as to permit consultation at a later date, taking into account any confidentiality.Copies of the appropriate records shall be supplied to the competent authority on request. The individual worker shall, at his request, have access to the health and exposure records relating to him personally.Where an undertaking ceases to trade, the health and exposure records shall be made available to the competent authority.4. Where, as a result of health surveillance:- a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or occupational health-care professional to be the result of exposure at work to a hazardous chemical agent, or- a binding biological limit value is found to have been exceeded,the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him personally, including information and advice regarding any health surveillance which he should undergo following the end of the exposure, andthe employer shall:- review the risk assessment made pursuant to Article 4(1),- review the measures provided to eliminate or reduce risks pursuant to Articles 5 and 6,- take into account the advice of the occupational health-care professional or other suitably qualified person or the competent authority in implementing any measures required to eliminate or reduce risk in accordance with Article 6, including the possibility of assigning the worker to alternative work where there is no risk of further exposure, and- arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed. In such cases the competent doctor or occupational health-care professional or the competent authority may propose that exposed persons undergo a medical examination.Article 11 Consultation and participation of workers Consultation and participation of workers and/or their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, including the Annexes hereto.Article 12 Adaptation of the Annexes, preparation and adoption of technical guidance 1. Adjustments of a strictly technical nature to the Annexes in line with:- the adoption of Directives in the field of technical harmonisation and standardisation concerning chemical agents, and/or- technical progress, changes in international standards or specifications and new findings concerning chemical agents,shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.2. The Commission shall draw up practical guidelines of a non-binding nature. These guidelines shall address the topics referred to in Articles 3, 4, 5 and 6, and Annex II, section 1.The Commission shall first consult the Advisory Committee on Safety, Hygiene and Health Protection at Work in accordance with Decision 74/325/EEC.In the context of the application of this Directive, Member States shall take account as far as possible of these guidelines in drawing up their national policies for the protection of the health and safety of workers.Article 13 Repeal and amendment of earlier Directives 1. Directives 80/1107/EEC, 82/605/EEC and 88/364/EEC shall be repealed on the date referred to in Article 14(1).2. Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (21), is amended as follows:(a) in the first sentence of Article 1(1), the following words shall be deleted:'which is the second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC`;(b) Article 9(2) shall be replaced by the following:'2. The amendments necessary to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 17 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 the workplace (*).(*) OJ L 183, 29. 6. 1989, p. 1.`;(c) in the second subparagraph of Article 15(1) the words 'in accordance with the procedure set out in Article 10 of Directive 80/1107/EEC` shall be replaced by'in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC`.3. Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work (22) is amended as follows:(a) in Article 1(1), the following words shall be deleted:'which is the third individual Directive within the meaning of Directive 80/1107/EEC`;(b) in Article 12(2), the second subparagraph shall be replaced by the following:'Annexes I and II shall be adapted to technical progress in accordance with the procedure laid down in Article 17 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 the workplace (*).(*) OJ L 183, 29. 6. 1989, p. 1.`4. Any other reference in Directive 83/477/EEC and Directive 86/188/EEC to Directive 80/1107/EEC shall be obsolete from the date of repeal of the said Directive.5. Directives 91/322/EEC and 96/94/EC remain in force.SECTION IV Final provisions Article 14 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 5 May 2001. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods for making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or which they adopt in the field governed by this Directive.Article 15 Member States shall report to the Commission every five years on the practical implementation of this Directive, indicating the views of employers and workers.The Commission shall inform the European Parliament, the Council and the Economic and Social Committee thereof.Article 16 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 17 This Directive is addressed to the Member States.Done at Luxembourg, 7 April 1998.For the CouncilThe PresidentD. BLUNKETT(1) OJ C 165, 16. 6. 1993, p. 4.(2) OJ C 34, 2. 2. 1994, p. 42.(3) Opinion of the European Parliament of 20 April 1994 (OJ C 128, 9. 5. 1994, p. 167), Council common position of 7 October 1997 (OJ C 375, 10. 12. 1997, p. 2) and Decision of the European Parliament on 17 February 1998 (not yet published in the Official Journal).(4) OJ L 327, 3. 12. 1980, p. 8. Directive as last amended by Directive 88/642/EEC (OJ L 356, 24. 12. 1988, p. 74).(5) OJ L 247, 23. 8. 1982, p. 12.(6) OJ L 179, 9. 7. 1988, p. 44.(7) OJ L 183, 29. 6. 1989, p. 1.(8) OJ 196, 16. 8. 1967, p. 1. Directive as last amended by Directive 96/56/EC (OJ L 236, 18. 9. 1996, p. 35).(9) OJ L 187, 16. 7. 1988, p. 14. Directive as last amended by Commission Directive 96/65/EC (OJ L 265, 18. 10. 1996, p. 15).(10) OJ L 275, 5. 10. 1990, p. 35.(11) OJ L 245, 26. 8. 1992, p. 23.(12) OJ L 177, 5. 7. 1991, p. 22.(13) OJ L 338, 28. 12. 1996, p. 86.(14) OJ L 185, 9. 7. 1974, p. 15. Decision as last amended by the 1994 Act of Accession.(15) OJ L 196, 26. 7. 1990, p. 1.(16) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ L 319, 12. 12. 1994, p. 7). Directive as amended by Commission Directive 96/86/EC (OJ L 335, 24. 12. 1996, p. 43).(17) Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (OJ L 235, 17. 9. 1996, p. 25). Directive as amended by Commission Directive 96/87/EC (OJ L 335, 24. 12. 1996, p. 45).(18) Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (OJ L 247, 5. 10. 1993, p. 19). Directive as last amended by Commission Directive 97/34/EC (OJ L 158, 17. 6. 1997, p. 40).(19) OJ L 100, 19. 4. 1994, p. 1.(20) OJ L 154, 5. 6. 1992, p. 1.(21) OJ L 263, 24. 9. 1983, p. 25. Directive as amended by Directive 91/382/EEC (OJ L 206, 29. 7. 1991, p. 16).(22) OJ L 137, 24. 5. 1986, p. 28.ANNEX I LIST OF BINDING OCCUPATIONAL EXPOSURE LIMIT VALUES >TABLE>ANNEX II BINDING BIOLOGICAL LIMIT VALUES AND HEALTH SURVEILLANCE MEASURES 1. Lead and its ionic compounds 1.1. Biological monitoring must include measuring the blood-lead level (PbB) using absorption spectrometry or a method giving equivalent results. The binding biological limit value is:70 ìg Pb/100 ml blood1.2 Medical surveillance is carried out if:- exposure to a concentration of lead in air is greater than 0,075 mg/m3, calculated as a time-weighted average over 40 hours per week, or- a blood-lead level greater than 40 ìg Pb/100 ml blood is measured in individual workers.1.3 Practical guidelines for biological monitoring and medical surveillance must be developed in accordance with Article 12(2). These must include recommendations of biological indicators (e.g. ALAU, ZPP, ALAD) and biological monitoring strategies.ANNEX III PROHIBITIONS The production, manufacture or use at work of the chemical agents and activities involving chemical agents set out below are prohibited. The prohibition does not apply if the chemical agent is present in another chemical agent, or as a constituent of waste, provided that its individual concentration therein is less than the limit specified.(a) Chemical Agents >TABLE>(b) Work activities None.

Summary: Exposure to chemical agents Exposure to chemical agents SUMMARY OF: Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work WHAT IS THE AIM OF THE DIRECTIVE? It sets out minimum requirements throughout the European Union (EU) for protecting workers from risks to their safety and health arising, or likely to arise, from the effects of chemical agents present at the workplace or as a result of any work activity involving those agents. KEY POINTS Scope Directive 98/24/EC is a ‘daughter’ directive of framework Directive 89/391/EEC that introduces measures to encourage improvements in the safety and health of workers at work (see summary). Directive 89/391/EC, which lays down minimum requirements for protecting workers from health and safety risks from chemicals, applies in full, without prejudice to rules that are more stringent or specific in Directive 98/24/EC. Directive 98/24/EC applies to workers exposed to hazardous chemicals when its rules are more favourable than those of Directive 2004/37/EC on protecting workers from risks from carcinogens and mutagens (see summary). Employers’ obligations Assessing risk. Employers must determine whether any hazardous chemicals are present in the workplace and, if so, assess the health and safety risks they might pose. This assessment must be kept up to date. Preventing risks. Employers must take the necessary preventive measures to eliminate or reduce risks to the minimum. They should provide suitable equipment and reduce the duration of any exposure and safe handling, storage and transport of hazardous chemicals. Where possible, chemicals or processes must be replaced with less dangerous ones. Occupational exposure limit values and biological limit values. The legislation requires indicative and binding occupational exposure limit values together with biological limit values to be established. Dealing with accidents, incidents and emergencies. Employers must draw up action plans so that appropriate action, including informing those concerned, is taken when an accident occurs. These must be accompanied by regular safety drills and first-aid facilities. Informing and training workers. Employers must provide workers with results of risk assessments, information on hazardous chemical substances on the premises and the relevant occupational exposure limit values. They must also supply training and details on appropriate precautions to be taken. Bans The directive bans the production, manufacture and use of certain chemicals. These are listed in Annex III. Exemptions are allowed under certain circumstances such as scientific research and testing. In such cases, employers must provide the authorities with information, such as the quantities to be used and the number of workers likely to be involved. Health monitoring EU Member States must arrange appropriate health monitoring for workers whose health may be at risk. Individual health and exposure records are required. Classification, labelling and packaging of substances and mixtures Directive 2014/27/EU amends Directive 98/24/EC (and several other directives), bringing it into line with the new system laid down in Regulation (EC) No 1272/2008 for classifying, labelling and packaging substances and mixtures (see summary). This identifies hazardous chemicals and informs users of the related risks through standard symbols and wording on packaging labels and safety data sheets. Reporting Member States must report to the European Commission every 5 years on the implementation of the various measures covered by the directive. Delegated acts Regulation (EU) 2019/1243 amends Directive 98/24/EC giving the Commission powers, from 26 July 2019, to adopt delegated acts to make strictly technical amendments to its annexes, and to supplement that directive by establishing or revising indicative occupational exposure limit values. However, those amendments cannot modifythe exposure limit values set out in the annexes to the directive. Member States must keep workers’ and employers’ organisations informed of indicative occupational exposure limit values set at EU level. FROM WHEN DOES THE DIRECTIVE APPLY? Directive 98/24/EC has applied since 25 May 1998 and had to become law in the Member States by 5 May 2001. In Slovenia, its application was deferred until 31 December 2005. BACKGROUND For further information, see: Health and safety at work (European Commission) Areas of activity (European Commission) Directive 98/24/EC — risks related to chemical agents at work (European Agency for Safety and Health at Work). MAIN DOCUMENT Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 5.5.1998, pp. 11–23). Successive amendments to Directive 98/24/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, pp. 1–1355). See consolidated version. Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (OJ L 158, 30.4.2004, pp. 50-76). Text republished in corrigendum (OJ L 229, 29.6.2004, pp. 23–34). See consolidated version. Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 245, 26.8.1992, pp. 23–42). See consolidated version. 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 16.12.2021