18.8.1990 EN Official Journal of the European Communities L 224/60 COUNCIL DIRECTIVE of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein (90/428/CEE) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 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), Whereas equidae, being live animals, are included in the list of products in Annex II to the Treaty; Whereas in order to ensure the rational development of equidae production, thereby increasing productivity in the sector, rules governing intra-Community trade in equidae intended for competitions must be laid down at Community level; Whereas the breeding and rearing of equidae and in particular of horses is generally included in the farming sector; whereas it constitutes a source of income for part of the farming population; Whereas there are disparities in the Community as regards the rules for access to competitions; whereas those disparities constitute a barrier to intra-Community trade; Whereas trade in equidae intended for competitions and participation in such competitions may be jeopardized by disparities existing in the rules concerning the allocation of a percentage of the prize money or profits for the safeguard, development and improvement of breeding in the Member States; whereas introducing free access to the competitions presupposes harmonization of these rules; Whereas, pending such harmonization, in order, in particular, to maintain or increase productivity in that sector, Member States should be authorized to reserve a percentage of prize money or profits for the safeguard, development and improvement of their breeding activities; whereas, however, a ceiling should be fixed for that percentage; Whereas it is advisable to adopt implementing measures regarding certain technical aspects; whereas, for the purposes of the planned measures, provision should be made for close and effective cooperation between Member States and the Commission within the Standing Committee on Zootechnics, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive lays down the conditions governing trade in equidae intended for competitions and the conditions governing their participation therein. Article 2 For the purposes of this Directive, the definitions set out in Article 2 of Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (4) shall apply. Furthermore, ‘competition’ means any equestrian competition, including horse racing, show-jumping, eventing, dressage, events reserved for horse-drawn vehicles and showing classes. Article 3 1. The rules of competitions may not discriminate between equidae which are registered in the Member State in which the competition is being held and equidae registered in another Member State. 2. The rules of competitions may not discriminate between equidae originating in the Member State in which the competition is being held and equidae originating in another Member State. Article 4 1. The obligations set out in Article 3 shall apply in particular to: (a) the requirements for entering the competition, in particular the minimum or maximum requirements; (b) the judging of the competition; (c) the prize money or profits which may accrue from the competition. 2. However, — the obligations referred to in Article 3 shall not affect the organization of: (a) competitions reserved for equidae registered in a specific studbook for the purpose of permitting the improvement of the breed; (b) regional competitions with a view to selecting equidae; (c) historic or traditional events. Member States intending to avail themselves of these possibilities shall inform the Commission thereof beforehand in general terms. — for each competition or type of competition Member States shall be authorized to reserve, through the bodies officially approved or recognized for that purpose, a certain percentage of the prize money or profits referred to in paragraph 1 (c) for the safeguard, development and improvement of breeding. The percentage may not exceed 30 % in 1991, 25 % in 1992 and 20 % from 1993. The criteria for the distribution of these funds in the Member State concerned shall be communicated to the Commission and the other Member States within the Standing Committee on Zootechnics. Before 31 December 1992 the Council shall re-examine the conditions for the application of these provisions on the basis of a Commission report that takes account of the progress made in harmonization in connection with all problems posed by the conditions for the breeding of competition horses, together with appropriate proposals on which the Council shall act by a qualified majority. 3. The general rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 6. Article 5 1. Until relevant decisions are adopted pursuant to Article 4 of Directive 90/427/EEC, the grounds on which an animal registered in a Member State is refused entry to a competition must be communicated in writing to the owner or his authorized representative. 2. In the circumstances described in paragraph 1, the owner or his authorized representative is entitled to obtain an expert opinion in accordance with the conditions laid down in Article 8 (2) of Directive 89/662/EE (5), which shall apply mutatis mutandis. 3. The Commission shall, in accordance with the procedure laid down in Article 6, adopt rules for the application of this Article. Article 6 Where the procedure laid down in this Article is to be used, the Standing Committee on Zootechnics, set up by Decision 77/505/EEC (6), shall act in accordance with the rules set out in Article 11 of Directive 88/661/EEC (7). Article 7 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1991. They shall forthwith inform the Commission thereof. Article 8 This Directive is addressed to the Member States. Done at Luxembourg, 26 June 1990. For the Council The President M. O'KENNEDY (1) OJ No C 327, 30. 12. 1989, p. 61. (2) OJ No C 149, 18. 6. 1990. (3) OJ No C 62, 12. 3. 1990, p. 46. (4) See page 55 of this Official Journal. (5) OJ No L 395, 30. 12. 1989, p. 13. (6) OJ No L 206, 12. 8. 1988, p. 11. (7) OJ No L 382, 31. 12. 1988, p. 36.

Summary: Horses and donkeys intended for competition — rules on trade Horses and donkeys intended for competition — rules on trade SUMMARY OF: Directive 90/428/EEC on trade in equidae intended for competitions and laying down the conditions for participation therein WHAT IS THE AIM OF THE DIRECTIVE? The directive lays down rules on intra-EU trade in equidae, i.e. domestic animals of the equine (horse) or asinine (donkey) species, or cross-breeds (mules and hinnies), intended for competitions. These rules aim at removing obstacles to trade in equidae by eliminating disparities between the conditions for access to competitions in different EU countries. KEY POINTS This directive lays down the conditions governing trade in equidae intended for competitions and those concerning their participation in competitions in the EU. Type of competition The term ‘competition’ means any equestrian competition, including horse racing, show-jumping, eventing, dressage, events reserved for horse-drawn vehicles and showing classes. Participation in competitions Competition rules may not create discrimination based on the place of origin or registration of equidae in the EU. Specifically, equidae from all EU countries must be treated equally with regard to: the requirements for entering the competition; the judging of the competition; the prize money or profits which may result from the competition. However, this obligation does not prevent the organisation of: competitions reserved for equidae registered in a particular studbook, for the purpose of improving the breed; regional competitions for selection purposes; historic or traditional events. EU countries may reserve a certain percentage of the prize money or profits for the safeguarding, development and improvement of breeding in the country where the competition took place. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied from 17 July 1990. EU countries had to incorporate it into national law by 1 July 1991. BACKGROUND For more information, see: ‘Member States information’ on the European Commission’s website MAIN DOCUMENT Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein (OJ L 224, 18.8.1990, pp. 60–61) Successive amendments to Directive 90/428/EEC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED ACTS Commission Decision 92/216/EEC of 26 March 1992 on the collection of data concerning competitions for equidae as referred to in Article 4 (2) of Council Directive 90/428/EEC (OJ L 104, 22.4.1992, p. 77) See consolidated version. last update 25.07.2016


21.6.1990 EN Official Journal of the European Communities L 156/9 COUNCIL DIRECTIVE of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (90/269/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof Having regard to the Commission proposal (1) submitted after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work, In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers; Whereas, pursuant to that Article, such Directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings; Whereas the Commission communication on its programme concerning safety, hygiene and health at work (4), provides for the adoption of Directives designed to guarantee the health and safety of workers at the workplace; Whereas the Council, in its resolution of 21 December 1987 on safety, hygiene and health at work (5), took note of the Commission's intention of submitting to the Council in the near future a Directive on protection against the risks resulting from the manual handling of heavy loads; Whereas compliance with the minimum requirements designed to guarantee a better standard of health and safety at the workplace is essential to ensure the health and safety of workers; 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 health and safety of workers at work (6); whereas therefore the provisions of the said Directive are fully applicable to the field of the manual handling of loads where there is a risk particularly of back injury to workers, without prejudice to more stringent and/or specific provisions set out in this Directive; Whereas this Directive constitutes a practical step towards the achievement of the social dimension of the internal market; Whereas, pursuant to Decision 74/325/EEC (7), the Advisory Committee on Safety, Hygiene and Health Protection at Work shall be consulted by the Commission with a view to drawing up proposals in this field, HAS ADOPTED THIS DIRECTIVE: SECTION I GENERAL PROVISIONS Article 1 Subject 1. This Directive, which is the fourth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers. 2. The provisions of Directive 89/391 /EEC shall be fully applicable to the whole sphere referred to in paragraph 1, without prejudice to more restrictive and/or specific provisions contained in this Directive. Article 2 Definition For the purposes of this Directives, ‘manual handling of loads’ means any transporting or supporting of a load, by one or more workers, including lifting, putting down, pushing, pulling, carrying or moving of a load, which, by reason of its characteristics or of unfavourable ergonomic conditions, involves a risk particularly of back injury to workers. SECTION II EMPLOYERS' OBLIGATIONS Article 3 General provision 1. The employer shall take appropriate organizational measures, or shall use the appropriate means, in particular mechanical equipment, in order to avoid the need for the manual handling of loads by workers. 2. Where the need for the manual handling of loads by workers cannot be avoided, the employer shall take the appropriate organizational measures, use the appropriate means or provide workers with such means in order to reduce the risk involved in the manual handling of such loads, having regard to Annex I. Article 4 Organization of workstations Wherever the need for manual handling of loads by workers cannot be avoided, the employer shall organize workstations in such a way as to make such handling as safe and healthy as possible and: (a) assess, in advance if possible, the health and safety conditions of the type of work involved, and in particular examine the characteristics of loads, taking account of Annex I; (b) take care to avoid or reduce the risk particularly of back injury to workers, by taking appropriate measures, considering in particular the characteristics of the working environment and the requirements of the activity, taking account of Annex I. Article 5 Reference to Annex II For the implementation of Article 6 (3) (b) and Articles 14 and 15 of Directive 89/391/EEC, account should be taken of Annex II. Article 6 Information for, and training of, workers 1. Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be implemented, pursuant to this Directive, with regard to the protection of safety and of health. Employers must ensure that workers and/or their representatives receive general indications and, where possible, precise information on: — the weight of a load, — the centre of gravity of the heaviest side when a package is eccentrically loaded. 2. Without prejudice to Article 12 of Directive 83/391/EEC, employers must ensure that workers receive in addition proper training and information on how to handle loads correctly and the risks they might be open to particularly if these tasks are not performed correctly, having regard to Annexes I and II. Article 7 Consultation of workers and workers' participation Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on matters covered by this Directive, including the Annexes thereto. SECTION III MISCELLANEOUS PROVISIONS Article 8 Adjustment of the Annexes Alterations of a strictly technical nature to Annexes I and II resulting from technical progress and changes in international regulations and specifications or knowledge in the field of the manual handling of loads shall be adopted in accordance with the procedure provided for in Article 17 of Directive 89/391/EEC. Article 9 Final provisions 1. Member States shall bring into force the laws, regulations and administrative provisions needed to comply with this Directive not later than 31 December 1992. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt, or have adopted, in the field covered by this Directive. 3. Member States shall report to the Commission every four years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers. The Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof. 4. The Commission shall report periodically to the European Parliament, the Council and the Economic and Social Committee on the implementation of the Directive in the light of paragraphs 1, 2 and 3. Article 10 This Directive is addressed to the Member States. Done at Brussels, 29 May 1990. For the Council The President B. AHERN (1) OJ No C 117, 4. 5. 1988, p. 8. (2) OJ No C 326, 19. 12. 1988, p. 137 and OJ No C 96, 17. 4. 1990, p. 82. (3) OJ No C 318, 12. 12. 1988, p. 37. (4) OJ No C 28, 3. 2. 1988, p. 3. (5) OJ No C 28, 3. 2. 1988, p. 1. (6) OJ No L 183, 29. 6. 1983, p. 1. (7) OJ No L 185, 9. 7. 1974, p. 15. ANNEX I (1) REFERENCE FACTORS (Article 3 (2), Article 4 (a) and (b) and Article 6 (2)) 1. Characteristics of the load The manual handling of a load may present a risk particularly of back injury if it is: — too heavy or too large, — unwieldy or difficult to grasp, — unstable or has contents likely to shift, — positioned in a manner requiring it to be held or manipulated at a distance from the trunk, or with a bending or twisting of the trunk, — likely, because of its contours and/or consistency, to result in injury to workers, particularly in the event of a collision. 2. Physical effort required A physical effort may present a risk particularly of back injury if it is: — too strenuous, — only achieved by a twisting movement of the trunk, — likely to result in a sudden movement of the load, — made with the body in an unstable posture. 3. Characteristics of the working environment The characteristics of the work environment may increase a risk particularly of back injury if: — there is not enough room, in particular vertically, to carry out the activity, — the floor is uneven, thus presenting tripping hazards, or is slippery in relation to the worker's footwear, — the place of work or the working environment prevents the handling of loads at a safe height or with good posture by the worker, — there are variations in the level of the floor or the working surface, requiring the load to be manipulated on different levels, — the floor or foot rest is unstable, — the temperature, humidity or ventilation is unsuitable. 4. Requirements of the activity The activity may present a risk particularly of back injury if it entails one or more of the following requirements: — over-frequent or over-prolonged physical effort involving in particular the spine, — an insufficient bodily rest or recovery period, — excessive lifting, lowering or carrying distances, — a rate of work imposed by a process which cannot be altered by the worker. (1) With a view to making a multi-factor analysis, reference may be made simultaneously to the various factors listed in Annexes I and II. ANNEX II (1) INDIVIDUAL RISK FACTORS (Articles 5 and 6 (2)) The worker may be at risk if he/she: — is physically unsuited to carry out the task in question, — is wearing unsuitable clothing, footwear or other personal effects, — does not have adequate or appropriate knowledge or training. (1) With a view to multi-factor analysis, reference may be made simultaneously to the various factors listed in Annexes I and II.

Summary: Safety at work — manual handling of loads Safety at work — manual handling of loads The aim of the Directive is to ensure that workers in the European Union are protected against the risks involved in the manual handling of loads*. ACT Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) SUMMARY WHAT DOES THIS DIRECTIVE DO? It lays down health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers. KEY POINTS Employers should do everything they can to avoid the need for the manual handling of loads by workers. Where manual handling cannot be avoided the employer will change the way the work is organised, orprovide workers withthemeans to reducerisk , by: organising workstations to make handling as safe as possible; assessing, in advance if possible, the health and safety conditions of the type of work, in particular load characteristics; avoiding or reducing the risk particularly of back injury, by doing whatever is possible, bearing in mind the working environment and the activity; ensuring workers have information on the weight, and weight distribution, of a load; and ensuring proper training, consultation and participation of workers on handling loads, and the potential risks. Back injury is risked if the load is: too heavy or too large; unwieldy or difficult to grasp; unstable or has contents likely to shift; positioned requiring manipulation at a distance from the body, or requiring the body to twist or move; or inherently likely to result in injury, particularly if there is a collision. Physical effort may risk injury, if it is: too strenuous; only achieved by twisting the body; likely to result in a sudden movement of the load; or made with the body in an unstable posture. The work environment may increase risk if: there is not enough room to carry out the activity; there are variations in floor level, or it is unstable, uneven or slippery; conditions prevents the handling of loads at a safe height or with good posture; or the temperature, humidity or ventilation is unsuitable. The activity may present a risk if it involves: excessive effort involving in particular the spine; insufficient rest or recovery period; excessive lifting, lowering or carrying distances; or a rate of work imposed by a process which cannot be altered by the worker. The worker may be at risk if she/he: is physically unsuited to carry out the task; is wearing unsuitable clothing; or has inadequate knowledge or training. KEY TERM * Manual handling of loads: for the purpose of this Directive, any transporting or supporting of a load, including lifting, putting down, pushing, pulling, carrying or moving, which involves a risk particularly of back injury. WHEN DOES THIS DIRECTIVE APPLY? The Directive entered into force on 12 June 1990. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 90/269/EEC 12.6.1990 31.12.1992 OJ L 156, 21.6.1990, pp. 9-13 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 2007/30/EC 28.6.2007 31.12.2012 OJ L 165, 27.6.2007, pp. 21-24 last update 24.09.2015