EUR-Lex - 32003R0450 - EN Avis juridique important | 32003R0450 Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index (Text with EEA relevance) Official Journal L 069 , 13/03/2003 P. 0001 - 0005 Regulation (EC) No 450/2003 of the European Parliament and of the Councilof 27 February 2003concerning the labour cost index(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the European Central Bank(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) A range of statistics, of which labour cost indices form an essential part, is relevant for an understanding of the inflationary process and the dynamics of the labour market.(2) The Community, and particularly its economic, employment and monetary authorities, need to have regular and timely labour cost indices for the purpose of monitoring changes in labour costs.(3) The Action Plan on Economic and Monetary Union statistical requirements, produced by the European Commission (Eurostat) in close collaboration with the European Central Bank, identifies as a priority the development of a legal basis covering short-term labour cost statistics.(4) The benefits of collecting, at Community level, complete data on all segments of the economy should be balanced against the reporting possibilities and the response burden on small and medium-sized enterprises (SMEs).(5) The Regulation is in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. The creation of common statistical standards for labour cost indices can only be achieved on the basis of a Community legal act because only the Commission can coordinate the necessary harmonisation of statistical information at Community level, while the collection of data and compilation of comparable labour cost indices can be organised by the Member States.(6) Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics(5) provides the general framework for the production of labour cost indices under this Regulation.(7) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(8) The Statistical Programme Committee (SPC), established by Council Decision 89/382/EEC, Euratom(7), has been consulted in accordance with Article 3 of that Decision,HAVE ADOPTED THIS REGULATION:Article 1ObjectiveThe objective of this Regulation is to establish a common framework for the production, transmission and evaluation of comparable labour cost indices in the Community. Member States shall produce labour cost indices for the economic activities defined in Article 4.Article 2Definitions1. The labour cost index (LCI) is defined as the Laspeyres index of labour costs per hour worked, chain linked annually and based upon a fixed structure of economic activity at NACE Rev.1 section level, where NACE Rev.1 is the classification established by Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community(8). Further disaggregations of NACE Rev.1 sections, to be included in the fixed structure, shall be defined in accordance with Article 4(1). The formula to be used for the calculation of the LCI is defined in the Annex to this Regulation.2. The labour costs are the total quarterly costs incurred by the employer in the employment of labour. The labour cost items and total staff employed are defined by reference to Annex II, Sections A and D (items D.1, D.4 and D.5 and their subcomponents, excluding items D.2 and D.3) of Commission Regulation (EC) No 1726/1999 of 27 July 1999 implementing Council Regulation (EC) No 530/1999 concerning structural statistics on earnings and on labour costs as regards the definition and transmission of information on labour costs(9).3. The hours worked are defined by reference to Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community(10), Annex A, Chapter 11, paragraphs 11.26 to 11.31.4. Technical specification of the index, including revisions to the weighting structure, can be redefined in accordance with the procedure referred to in Article 12(2).Article 3Scope1. This Regulation shall apply to all activities defined in sections C to O of NACE Rev.1.2. The inclusion of economic activities defined by NACE Rev.1 sections L, M, N and O in the scope of this Regulation shall be determined in accordance with the procedure referred to in Article 12(2), taking into account the feasibility studies defined in Article 10.3. The LCI shall represent all statistical units as defined in Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community(11).Article 4Breakdown of variables1. The data shall be broken down by economic activities defined by NACE Rev.1 sections and by further disaggregations, not beyond the level of NACE Rev.1 divisions (2 digit level) or groupings of divisions, taking account of contributions to total employment and to labour costs at Community and national levels, defined in accordance with the procedure referred to in Article 12(2). Labour cost indices shall be provided separately for the three labour cost categories identified below:(a) total labour costs;(b) wages and salaries, defined by reference to item D.11 in Annex II to Regulation (EC) No 1726/1999;(c) employers' social contributions plus taxes paid by the employer less subsidies received by the employer, as defined by the sum of items D.12 and D.4 less D.5 in Annex II to Regulation (EC) No 1726/1999.2. An index estimating total labour costs, excluding bonuses, where bonuses are defined by D.11112 in Annex II to Regulation (EC) No 1726/1999, shall be provided, broken down by economic activities defined in accordance with the procedure referred to in Article 12(2), and shall be based on the NACE Rev.1 classification, taking into account the feasibility studies defined in Article 10.Article 5Frequency and back data1. The data for the LCI shall first be compiled for the first quarter of 2003, and thereafter for each quarter (ending on 31 March, 30 June, 30 September and 31 December of each year).2. Back data covering the period from the first quarter of 1996 to the fourth quarter of 2002 shall be made available by the Member States. The back data shall be provided for each of the NACE Rev.1 sections C to K and for the labour cost items mentioned in Article 4(1).Article 6Transmission of results1. The data referred to in Article 4 shall be supplied in index form. The weights used to calculate the index, defined in the Annex to this Regulation, shall be made available for publication at the same time.The appropriate technical format to be used for the transmission of the results referred to in Article 4, and the adjustment procedures to be applied to the data shall be defined in accordance with the procedure referred to in Article 12(2).2. Member States shall transmit the data, broken down as specified in Article 4, to the Commission (Eurostat) within 70 days of the end of the reference period. Metadata, defined as the explanations needed to interpret the changes in the data either arising from methodological or technical changes, or due to changes in the labour market, shall be delivered with the data.3. The back data referred to in Article 5 shall be transmitted to the Commission (Eurostat) at the same time as the LCI for the first quarter of 2003.Article 7SourcesMember States may produce the necessary estimates by using a combination of different sources specified below by applying the principle of administrative simplification:(a) surveys, where statistical units, as defined in Regulation (EEC) No 696/93, are asked to give timely, accurate and complete information;(b) other appropriate sources, including administrative data if these are appropriate in terms of timeliness and relevance;(c) appropriate statistical estimation procedures.Article 8Quality1. The current data and back data transmitted shall satisfy separate quality criteria to be defined under the procedure referred to in Article 12(2).2. The Member States shall provide annual quality reports to the Commission, beginning in 2003. The content of the reports shall be defined under the procedure referred to in Article 12(2).Article 9Transition periods and derogations1. Transition periods relating to the implementation of this Regulation may be granted under the procedure referred to in Article 12(2), not extending more than two years from the date of entry into force of this Regulation.2. During the transition periods, derogations from this Regulation may be accepted by the Commission insofar as the national statistical systems require major adaptations.Article 10Feasibility studies1. The Commission shall, in accordance with the procedure referred to in Article 12(2), institute a series of feasibility studies, to be undertaken by the Member States, in particular by those which cannot provide the data for NACE Rev. 1 sections L, M, N, and O (Article 3(2)) or the breakdown of the index estimating total labour costs, excluding bonuses (Article 4(2)).2. The feasibility studies shall be carried out, taking into account the benefits of collecting the data in relation to the cost of collection and the burden on business, to assess:(a) how the quarterly labour cost indices defined in Article 4(1) can be obtained for NACE sections L, M, N and O; and(b) how the index estimating total labour costs, excluding bonuses, defined in Article 4(2) can be obtained.3. The Member States undertaking the feasibility studies shall submit an interim report on their results to the Commission no later than 31 December 2004. The participating Member States shall submit a final report on the feasibility studies to the Commission no later than 31 December 2005.4. The feasibility studies concerning paragraph 2(a) shall take into account the results of the pilot studies referred to in the Annexes to Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics(12).5. Measures adopted under Article 11(h) pursuant to the results of the feasibility studies shall respect the principle of cost-effectiveness, as defined in Article 10 of Regulation (EC) No 322/97, including the minimisation of the burden on respondents.6. The implementation of measures adopted under Article 11(h) pursuant to the results of the feasibility studies shall make possible the transmission of data for the first quarter of 2007, provided that the results of the feasibility studies allow for the cost-effective production of data of sufficient quality.Article 11Implementing measuresThe measures for implementing this Regulation, including measures to take account of economic and technical changes, shall be laid down in accordance with the procedure referred to in Article 12(2). Such measures shall concern in particular:(a) definition, in accordance with Article 4(1), of the disaggregations to be included in the fixed structure;(b) technical specification of the index (Article 2);(c) inclusion of NACE Rev.1 sections L, M, N and O (Article 3);(d) breakdown of indices by economic activities (Article 4);(e) format for transmission of results and the adjustment procedures to be applied (Article 6);(f) separate quality criteria for current and back data transmitted and contents of quality reports (Article 8);(g) transition period (Article 9);(h) the establishment of feasibility studies and decisions pursuant to their results (Article 10); and(i) the methodology to be used for chaining the index (Annex).Article 12Procedure1. The Commission shall be assisted by the Statistical Programme Committee instituted by Article 1 of Decision 89/382/EEC, Euratom.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 13ReportsThe Commission shall submit a report on the implementation of this Regulation to the European Parliament and the Council every two years. This report shall evaluate in particular the quality of the transmitted LCI series data and the quality of the transmitted back data.The first report shall be submitted no later than 31 December of the year following the entry into force of this Regulation. It will refer only to the actions executed by Member States to prepare the application of this Regulation.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 27 February 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 304 E, 30.10.2001, p. 184.(2) OJ C 48, 21.2.2002, p. 107.(3) OJ C 295, 20.10.2001, p. 5.(4) Opinion of the European Parliament of 28 February 2002 (OJ C 293 E, 28.11.2002, p. 20), Council Common Position of 23 September 2002 (OJ C 269 E, 5.11.2002, p. 10) and Decision of the European Parliament of 18 December 2002 (not yet published in the Official Journal).(5) OJ L 52, 22.2.1997, p. 1.(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 181, 28.6.1989, p. 47.(8) OJ L 293, 24.10.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 29/2002 (OJ L 6, 10.1.2002, p. 3).(9) OJ L 203, 3.8.1999, p. 28.(10) OJ L 310, 30.11.1996, p. 1. Regulation as last amended by European Parliament and Council Regulation (EC) No 359/2002 (OJ L 58, 28.2.2002, p. 1).(11) OJ L 76, 30.3.1993, p. 1. Regulation as amended by the 1994 Act of Accession.(12) OJ L 14, 17.1.1997, p. 1. Regulation as amended by Regulation (EC, Euratom) No 2056/2002 (OJ L 317, 21.11.2002, p. 1).ANNEXThe formula to be used for the calculation of the LCI1. Define:wit= labour costs per hour worked of employees in economic activity i in period thit= hours worked by employees in economic activity i in period tWij= wij * hij = labour costs of employees in economic activity i in annual period j.2. The basic Laspeyres formula to be used to calculate the LCI for period t with annual base period j is defined as:>REFERENCE TO A GRAPHIC>3. The methodology for chaining the index will be defined in accordance with the procedure referred to in Article 12(2).4. The weights used to calculate the index and referred to in Article 6(1), are the values of:>REFERENCE TO A GRAPHIC>where Wij, i and j are defined in paragraph 1 of this Annex. These weights should be used for the calculation of the index within two years of the period to which they relate.

Summary: Comparable EU-wide labour cost statistics Comparable EU-wide labour cost statistics SUMMARY OF: Regulation (EC) No 450/2003 concerning the labour cost index WHAT IS THE AIM OF THE REGULATION? Its aim is to establish common rules for the production, transmission and evaluation of comparable labour cost* indices (LCIs) in the European Union (EU). LCIs measure the cost of labour as a factor in production. KEY POINTS Coverage LCIs cover all businesses, whatever the number of employees, and all economic activities covered by the EU’s statistical classification of economic activities, NACE*, apart from agriculture, forestry and fishing, private households and overseas organisations. The first compilation of data for the LCI are compiled according to NACE Rev. 2 (i.e. the latest version of the NACE classification) was for the first quarter of 2009. Thereafter, they have been collected for each quarter of each year. Data sources On a quarterly basis, EU countries’ statistical institutions gather data from various samples that they carry out, as well as from administrative records kept on businesses. They must transmit these data to the European Commission (Eurostat) within 70 days of the end of the quarter concerned. LCIs must be provided separately for the 3 labour cost categories that follow: total labour costs; wages and salaries; employers’ social contributions and taxes paid by the employer, minus subsidies received by the employer. Quality assurance Eurostat checks all LCI data that EU countries transmit for completeness and consistency. Committee The European Statistical System Committee composed of national experts assists and advises the Commission, including on draft legislation. Report Every 2 years, the Commission submits a report on the regulation’s implementation to the European Parliament and the Council. This report assesses the quality of the transmitted LCI series data and the quality of the transmitted back data (i.e. data for the period running from the first quarter of 2000 to the fourth quarter of 2008). FROM WHEN DOES THE REGULATION APPLY? It has applied since 2 April 2003. BACKGROUND The labour cost index shows the short-term development of labour costs and the total costs on an hourly basis of employing labour for the entire economy or various subsectors. For more information, see: ‘Labour costs’ on the Eurostat website. * KEY TERMS Labour costs: the core costs to employers of employing staff. They include wages and salaries, employers’ social security contributions and employment taxes. They do not include vocational training costs or expenditure on recruitment. NACE: from the French Nomenclature statistique des activités économiques dans la Communauté européenne (the Statistical classification of economic activities in the European Community). Various versions have been developed since 1970. MAIN DOCUMENT Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index (OJ L 69, 13.3.2003, pp. 1–5) Successive amendments to Regulation (EC) No 450/2003 have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) No 450/2003 of the European Parliament and of the Council concerning the labour cost index (LCI) (COM(2015) 42 final, 3.2.2015) Commission Regulation (EC) No 1216/2003 of 7 July 2003 implementing Regulation (EC) No 450/2003 of the European Parliament and of the Council concerning the labour cost index (OJ L 169, 8.7.2003, pp. 37–43) See consolidated version. last update 17.10.2016


EUR-Lex - 32003L0010 - EN Avis juridique important | 32003L0010 Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) Official Journal L 042 , 15/02/2003 P. 0038 - 0044 Directive 2003/10/EC of the European Parliament and of the Councilof 6 February 2003on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise)(Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,Having regard to the proposal from the Commission(1), submitted 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),Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 8 November 2002,Whereas:(1) Under the Treaty, the Council may 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. Such directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.(2) While, in accordance with the Treaty, this Directive does not prevent any Member State from maintaining or introducing more stringent protective measures, its implementation should not serve to justify any regression in relation to the situation which already prevails in each Member State.(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(4) made provision for its re-examination by the Council on a proposal from the Commission and with a view to reducing the risks concerned, taking into account in particular progress made in scientific knowledge and technology.(4) The communication from the Commission on its programme concerning safety, hygiene and health at work(5) provides for the adoption of measures to promote safety at work, particularly with a view to extending the scope of Directive 86/188/EEC and the re-evaluation of the threshold values. The Council, in its resolution of 21 December 1987 on safety, hygiene and health at work(6), took note of this.(5) The communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers provides for the introduction of minimum health and safety requirements regarding the exposure of workers to the risks caused by physical agents. In September 1990 the European Parliament adopted a resolution concerning this action programme(7), inviting the Commission in particular to draw up a specific directive on the risks caused by noise and vibration and by any other physical agent at the workplace.(6) As a first step, the European Parliament and the Council adopted on 25 June 2002 Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(8).(7) As a second step, it is considered appropriate to introduce measures protecting workers from the risks arising from noise owing to its effects on the health and safety of workers, in particular damage to hearing. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition.(8) Current scientific knowledge of the effects which exposure to noise may have on health and safety is not sufficient to enable precise exposure levels covering all risks to health and safety, especially as regards the effects of noise other than those of an auditory nature, to be set.(9) A system of protection against noise must limit itself to a definition, free of excessive detail, of the objectives to be attained, the principles to be observed and the fundamental values to be used, in order to enable Member States to apply the minimum requirements in an equivalent manner.(10) The level of exposure to noise can be more effectively reduced by incorporating preventive measures into the design of work stations and places of work and by selecting work equipment, procedures and methods so as to give priority to reducing the risks at source. Provisions relating to work equipment and methods thus contribute to the protection of the workers involved. In accordance with the general principles of prevention as laid down in Article 6(2) 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(9), collective protection measures have priority over individual protection measures.(11) The Code on noise levels on board ships of the International Maritime Organisation Resolution A 468(12) provides guidance for achieving a reduction of noise at source on board ships. Member States should be entitled to provide for a transitional period with regard to the personnel on board seagoing vessels.(12) In order to correctly assess the exposure of workers to noise it is useful to apply an objective measuring method, and thus references to the generally recognised standard ISO 1999:1990 are made. The assessed or objectively measured values should be decisive for initiating the actions envisaged at the lower and upper exposure action values. Exposure limit values are needed to avoid irreversible damage to workers' hearing; the noise reaching the ear should be kept below the exposure limit values.(13) The particular characteristics of the music and entertainment sectors require practical guidance to allow for an effective application of the provisions laid down by this Directive. Member States should be entitled to make use of a transitional period for the development of a code of conduct providing for practical guidelines which would help workers and employers in those sectors to attain the levels of protection established in this Directive.(14) Employers should make adjustments in the light of technical progress and scientific knowledge regarding risks related to exposure to noise, with a view to improving the health and safety protection of workers.(15) Since this Directive is an individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, that Directive applies to the exposure of workers to noise, without prejudice to more stringent and/or specific provisions contained in this Directive.(16) This Directive constitutes a practical step towards creating the social dimension of the internal market.(17) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10),HAVE ADOPTED THIS DIRECTIVE:SECTION IGENERAL PROVISIONSArticle 1Aim and scope1. This Directive, which is the 17th 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 health and safety arising or likely to arise from exposure to noise and in particular the risk to hearing.2. The requirements of this Directive shall apply to activities in which workers are or are likely to be exposed to risks from noise as a result of their work.3. Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.Article 2DefinitionsFor the purposes of this Directive, the physical parameters used as risk predictors are defined as follows:(a) peak sound pressure (ppeak): maximum value of the "C"-frequency weighted instantaneous noise pressure;(b) daily noise exposure level (LEX,8h) (dB(A) re. 20 μPa): time-weighted average of the noise exposure levels for a nominal eight-hour working day as defined by international standard ISO 1999: 1990, point 3.6. It covers all noises present at work, including impulsive noise;(c) weekly noise exposure level (LEX,8h ): time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days as defined by international standard ISO 1999:1990, point 3.6 (note 2).Article 3Exposure limit values and exposure action values1. For the purposes of this Directive the exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure are fixed at:(a) exposure limit values: LEX,8h = 87 dB(A) and ppeak = 200 Pa(11) respectively;(b) upper exposure action values: LEX,8h 85 dB(A) and ppeak = 140 Pa(12) respectively;(c) lower exposure action values: LEX,8h = 80 dB(A) and ppeak = 112 Pa(13) respectively.2. When applying the exposure limit values, the determination of the worker's effective exposure shall take account of the attenuation provided by the individual hearing protectors worn by the worker. The exposure action values shall not take account of the effect of any such protectors.3. In duly justified circumstances, for activities where daily noise exposure varies markedly from one working day to the next, Member States may, for the purposes of applying the exposure limit values and the exposure action values, use the weekly noise exposure level in place of the daily noise exposure level to assess the levels of noise to which workers are exposed, on condition that:(a) the weekly noise exposure level as shown by adequate monitoring does not exceed the exposure limit value of 87 dB(A); and(b) appropriate measures are taken in order to reduce the risk associated with these activities to a minimum.SECTION IIOBLIGATIONS OF EMPLOYERSArticle 4Determination and assessment of risks1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure the levels of noise to which workers are exposed.2. The methods and apparatus used shall be adapted to the prevailing conditions particularly in the light of the characteristics of the noise to be measured, the length of exposure, ambient factors and the characteristics of the measuring apparatus.These methods and this apparatus shall make it possible to determine the parameters defined in Article 2 and to decide whether, in a given case, the values fixed in Article 3 have been exceeded.3. The methods used may include sampling, which shall be representative of the personal exposure of a worker.4. The assessment and measurement referred to in paragraph 1 shall be planned and carried out by competent services at suitable intervals, taking particular account of the provisions of Article 7 of Directive 89/391/EEC concerning the necessary competent services or persons. The data obtained from the assessment and/or measurement of the level of exposure to noise shall be preserved in a suitable form so as to permit consultation at a later stage.5. When applying this Article, the assessment of the measurement results shall take into account the measurement inaccuracies determined in accordance with metrological practice.6. Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:(a) the level, type and duration of exposure, including any exposure to impulsive noise;(b) the exposure limit values and the exposure action values laid down in Article 3 of this Directive;(c) any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;(d) as far as technically achievable, any effects on workers' health and safety resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations;(e) any indirect effects on workers' health and safety resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents;(f) information on noise emission provided by manufacturers of work equipment in accordance with the relevant Community directives;(g) the existence of alternative work equipment designed to reduce the noise emission;(h) the extension of exposure to noise beyond normal working hours under the employer's responsibility;(i) appropriate information obtained following health surveillance, including published information, as far as possible;(j) the availability of hearing protectors with adequate attenuation characteristics.7. The employer shall be in possession of an assessment of the risk in accordance with Article 9(1)(a) of Directive 89/391/EEC, and shall identify which measures must be taken in accordance with Articles 5, 6, 7 and 8 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice. The risk assessment shall be kept up to date on a regular basis, 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.Article 5Provisions aimed at avoiding or reducing exposure1. Taking account of technical progress and of the availability of measures to control the risk at source, the risks arising from exposure to noise shall be eliminated at their source or reduced to a minimum.The reduction of such risks shall be based on the general principles of prevention set out in Article 6(2) of Directive 89/391/EEC, and take into account in particular:(a) other working methods that require less exposure to noise;(b) the choice of appropriate work equipment, taking account of the work to be done, emitting the least possible noise, including the possibility of making available to workers work equipment subject to Community provisions with the aim or effect of limiting exposure to noise;(c) the design and layout of workplaces and work stations;(d) adequate information and training to instruct workers to use work equipment correctly in order to reduce their exposure to noise to a minimum;(e) noise reduction by technical means:(i) reducing airborne noise, e.g. by shields, enclosures, sound-absorbent coverings;(ii) reducing structure-borne noise, e.g. by damping or isolation;(f) appropriate maintenance programmes for work equipment, the workplace and workplace systems;(g) organisation of work to reduce noise:(i) limitation of the duration and intensity of the exposure;(ii) appropriate work schedules with adequate rest periods.2. On the basis of the risk assessment referred to in Article 4, if the upper exposure action values are exceeded, the employer shall establish and implement a programme of technical and/or organisational measures intended to reduce the exposure to noise, taking into account in particular the measures referred to in paragraph 1.3. On the basis of the risk assessment referred to in Article 4, workplaces where workers are likely to be exposed to noise exceeding the upper exposure action values shall be marked with appropriate signs. The areas in question shall also be delimited and access to them restricted where this is technically feasible and the risk of exposure so justifies.4. Where, owing to the nature of the activity, a worker benefits from the use of rest facilities under the responsibility of the employer, noise in these facilities shall be reduced to a level compatible with their purpose and the conditions of use.5. Pursuant to Article 15 of Directive 89/391/EEC, the employer shall adapt the measures referred to in this Article to the requirements of workers belonging to particularly sensitive risk groups.Article 6Personal protection1. If the risks arising from exposure to noise cannot be prevented by other means, appropriate, properly fitting individual hearing protectors shall be made available to workers and used by them in accordance with the provisions of Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(14) and Article 13(2) of Directive 89/391/EEC and under the conditions set out below:(a) where noise exposure exceeds the lower exposure action values, the employer shall make individual hearing protectors available to workers;(b) where noise exposure matches or exceeds the upper exposure action values, individual hearing protectors shall be used;(c) the individual hearing protectors shall be so selected as to eliminate the risk to hearing or to reduce the risk to a minimum.2. The employer shall make every effort to ensure the wearing of hearing protectors and shall be responsible for checking the effectiveness of the measures taken in compliance with this Article.Article 7Limitation of exposure1. Under no circumstances shall the exposure of the worker as determined in accordance with Article 3(2) exceed the exposure limit values.2. If, despite the measures taken to implement this Directive, exposures above the exposure limit values are detected, the employer shall:(a) take immediate action to reduce the exposure to below the exposure limit values;(b) identify the reasons why overexposure has occurred; and(c) amend the protection and prevention measures in order to avoid any recurrence.Article 8Worker information and trainingWithout prejudice to Articles 10 and 12 of Directive 89/391/EEC the employer shall ensure that workers who are exposed to noise at work at or above the lower exposure action values, and/or their representatives, receive information and training relating to risks resulting from exposure to noise concerning, in particular:(a) the nature of such risks;(b) the measures taken to implement this Directive in order to eliminate or reduce to a minimum the risks from noise, including the circumstances in which the measures apply;(c) the exposure limit values and the exposure action values laid down in Article 3 of this Directive;(d) the results of the assessment and measurement of the noise carried out in accordance with Article 4 of this Directive together with an explanation of their significance and potential risks;(e) the correct use of hearing protectors;(f) why and how to detect and report signs of hearing damage;(g) the circumstances in which workers are entitled to health surveillance and the purpose of health surveillance, in accordance with Article 10 of this Directive;(h) safe working practices to minimise exposure to noise.Article 9Consultation and participation of workersConsultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, in particular:- the assessment of risks and identification of measures to be taken, referred to in Article 4,- the actions aimed at eliminating or reducing risks arising from exposure to noise, referred to in Article 5,- the choice of individual hearing protectors referred to in Article 6(1)(c).SECTION IIIMISCELLANEOUS PROVISIONSArticle 10Health surveillance1. Without prejudice to Article 14 of Directive 89/391/EEC, Member States shall adopt provisions to ensure the appropriate health surveillance of workers where the results of the assessment and measurement provided for in Article 4(1) of this Directive indicate a risk to their health. Those provisions, including the requirements specified for health records and their availability, shall be introduced in accordance with national law and/or practice.2. A worker whose exposure exceeds the upper exposure action values shall have the right to have his/her hearing checked by a doctor or by another suitably qualified person under the responsibility of a doctor, in accordance with national law and/or practice. Preventive audiometric testing shall also be available for workers whose exposure exceeds the lower exposure action values, where the assessment and measurement provided for in Article 4(1) indicate a risk to health.The objectives of these checks are to provide early diagnosis of any loss of hearing due to noise, and to preserve the hearing function.3. Member States shall establish arrangements to ensure that, for each worker who undergoes surveillance in accordance with paragraphs 1 and 2, individual health records are made and kept up to date. Health records shall contain a summary of the results of the health surveillance carried out. They shall be kept in a suitable form so as to permit any 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 or her request, have access to the health records relating to him or her personally.4. Where, as a result of surveillance of the hearing function, a worker is found to have identifiable hearing damage, a doctor, or a specialist if the doctor considers it necessary, shall assess whether the damage is likely to be the result of exposure to noise at work. If this is the case:(a) the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him or her personally;(b) the employer shall:(i) review the risk assessment carried out pursuant to Article 4;(ii) review the measures provided for to eliminate or reduce risks pursuant to Articles 5 and 6;(iii) take into account the advice of the occupational healthcare professional or other suitably qualified person or the competent authority in implementing any measures required to eliminate or reduce risk in accordance with Articles 5 and 6, including the possibility of assigning the worker to alternative work where there is no risk of further exposure; and(iv) arrange systematic health surveillance and provide for a review of the health status of any other worker who has been similarly exposed.Article 11Derogations1. In exceptional situations where, because of the nature of the work, the full and proper use of individual hearing protectors would be likely to cause greater risk to health or safety than not using such protectors, Member States may grant derogations from the provisions of Articles 6(1)(a) and (b) and 7.2. The derogations referred to in paragraph 1 shall be granted by Member States following consultation with both sides of industry and, where appropriate, with the medical authorities responsible, in accordance with national laws and/or practice. Such derogations must be accompanied by conditions which guarantee, taking into account the special circumstances, that the resulting risks are reduced to a minimum and that the workers concerned are subject to increased health surveillance. Such derogations shall be reviewed every four years and withdrawn as soon as the justifying circumstances no longer obtain.3. Every four years Member States shall forward to the Commission a list of derogations referred to in paragraph 1, indicating the exact reasons and circumstances which made them decide to grant the derogations.Article 12Technical amendmentsAmendments of a strictly technical nature shall be adopted in accordance with the regulatory procedure laid down in Article 13(2) and in line with:(a) the adoption of directives in the field of technical harmonisation and standardisation with regard to the design, building, manufacture or construction of work equipment and/or workplaces; and(b) technical progress, changes in the most appropriate harmonised European standards or specifications and new findings concerning noise.Article 13Committee1. The Commission shall be assisted by the Committee referred to in Article 17 of Directive 89/391/EEC.2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its Rules of Procedure.Article 14Code of conductIn the context of the application of this directive Member States shall draw up in consultation with the social partners, in accordance with national law and practice, a code of conduct providing for practical guidelines to help workers and employers in the music and entertainment sectors to meet their legal obligations as laid down in this Directive.Article 15RepealDirective 86/188/EEC is hereby repealed with effect from the date set out in the first subparagraph of Article 17(1).SECTION IVFINAL PROVISIONSArticle 16ReportsEvery five years Member States shall provide a report to the Commission on the practical implementation of this Directive, indicating the points of view of both sides of industry. It shall contain a description of best practice for preventing noise with a harmful effect on health and of other forms of work organisation, together with the action taken by the Member States to impart knowledge of such best practice.On the basis of those reports, the Commission shall carry out an overall assessment of the implementation of this Directive, including implementation in the light of research and scientific information, and, inter alia, taking into account the implications of this Directive for the music and entertainment sectors. The Commission shall inform the European Parliament, the Council, the European Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof and, if necessary, propose amendments.Article 17Transposition1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 15 February 2006. 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 of making such reference shall be laid down by the Member States.2. In order to take account of particular conditions, Member States may, if necessary, have an additional period of five years from 15 February 2006, that is to say a total of eight years, to implement the provisions of Article 7 with regard to the personnel on board seagoing vessels.In order to allow for the drawing up of a code of conduct providing for practical guidelines for the implementation of the provisions of this Directive, Member States shall be entitled to make use of a maximum transitional period of two years from 15 February 2006, that is to say a total of five years from the entry into force of this Directive, to comply with this Directive, with regard to the music and entertainment sectors on the condition that during this period the levels of protection already achieved in individual Member States, with regard to the personnel in these sectors, are maintained.3. The Member States shall communicate to the Commission the text of the provisions of national law which they adopt or have already adopted in the field covered by this Directive.Article 18Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 19AddresseesThis Directive is addressed to the Member States.Done at Brussels, 6 February 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Efthymiou(1) OJ C 77, 18.3.1993, p. 12 and OJ C 230, 19.8.1994, p. 3.(2) OJ C 249, 13.9.1993, p. 28.(3) Opinion of the European Parliament of 20 April 1994 (OJ C 128, 9.5.1994, p. 146), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 75), Council Common Position of 29 October 2001 (OJ C E 45, 19.2.2002, p. 41) and decision of the European Parliament of 13 March 2002 (not yet published in the Official Journal).(4) OJ L 137, 24.5.1986, p. 28. Directive as amended by Directive 98/24/EC (OJ L 131, 5.5.1998, p. 11).(5) OJ C 28, 3.2.1988, p. 3.(6) OJ C 28, 3.2.1988, p. 1.(7) OJ C 260, 15.10.1990, p. 167.(8) OJ L 177, 6.7.2002, p. 13.(9) OJ L 183, 29.6.1989, p. 1.(10) OJ L 184, 17.7.1999, p. 23.(11) 140 dB (C) in relation to 20 μPa.(12) 137 dB (C) in relation to 20 μPa.(13) 135 dB (C) in relation to 20 μPa.(14) OJ L 393, 30.12.1989, p. 18.

Summary: Health and safety at work: exposure to noise Health and safety at work: exposure to noise SUMMARY The Directive applies to activities in which workers are exposed to risks from noise as a result of their work. WHAT DOES THIS DIRECTIVE DO? It lays down minimum requirements for the protection of workers from risks to their health and safety arising from exposure to noise, and in particular the risk to hearing. KEY POINTS In the workplace, the noise exposure limit values, which must not be exceeded, principally pertains to a daily or weekly exposure of 87 decibels (dB), taking into account any attenuation from hearing protection. The exposure action values, the decibel levels at which an employer must take certain actions, are set at a daily or weekly exposure of 80 dB (lower value) and 85 dB (upper value). The employer has a responsibility to assess and, if necessary, measure the levels of noise to which workers are exposed, giving particular attention to: — level, type and duration, including impulsive noise*, — the exposure limit value and the exposure action values, — effects on workers from particular risk groups, — effects from interactions between noise and work-related substances toxic to the ear, vibrations or warning signals and other safety-related sounds, — manufacturers' information on noise emission, — alternative equipment that could reduce noise, — noise beyond normal working hours, — information from health surveillance, and — availability of hearing protectors. As far as possible the risk factors must be removed at source or reduced to a minimum, taking into account: — other working methods with less exposure, — appropriate equipment choice, — workplace design, — training, consultation and participation of the workers, — use of shields, enclosures, sound-absorbent coverings, dampening and isolation, — workplace and equipment maintenance, and — organisation of work, schedules and rest periods. Under no circumstances may the exposure of the worker exceed the exposure limit values. Workplaces exceeding the exposure action values should be marked appropriately, and have restricted access. The employer must make individual hearing protectors available to workers. The use of hearing protectors is mandatory where the noise level is above the upper action value. Where noise levels present a health risk, EU countries must ensure the appropriate health surveillance of workers. Those who have been exposed to noise above the upper exposure action values have the right to have their hearing checked, while those whose exposure to noise is above the lower exposure action values have the right to preventive audiometric testing. Where hearing damage is diagnosed, a doctor will assess whether it is likely to be the result of exposure to noise at work. If this is the case: — the worker must be informed, — the employer must review the risk assessment and measures to reduce risks, — the employer must take into account medical advice, including the possibility of re-assigning the worker, and — the employer must continue surveillance and review the health of any worker similarly exposed. WHEN DOES THIS DIRECTIVE APPLY? The Directive entered into force on 15 February 2003. KEY TERM * Impulsive noise: high intensity noise of short duration, such as a hammer blow. ACT Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2003/10/EC 15.2.2003 14.2.2006 For the music and entertainment sector: 15.2.2008. For staff on board seagoing vessels: 15.2.2011 OJ L 42, 15.2.2003, pp. 38–44 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 Regulation (EC) No 1137/2008 11.12.2008 – OJ L 311, 21.11.2008, pp. 1–54 Successive amendments and changes to 2003/10/EC have been incorporated in the original text. This consolidated version is of documentary value only. last update 02.10.2015


EUR-Lex - 32003D0752 - EN Avis juridique important | 32003D0752 2003/752/EC: Decision No 190 of 18 June 2003 concerning the technical specifications of the European health insurance card (Text with relevance for the EEA and for the EU/Switzerland Agreement.) Official Journal L 276 , 27/10/2003 P. 0004 - 0018 Decision No 190of 18 June 2003concerning the technical specifications of the European health insurance card(Text with relevance for the EEA and for the EU/Switzerland Agreement)(2003/752/EC)THE ADMINISTRATIVE COMMISSION,Having regard to Administrative Commission Decision No 189 of 18 June 2003 aimed at introducing a European health insurance card to replace the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 as regards access to health care during a temporary stay in a Member State other than the competent State or the State of residence,Whereas:(1) The European health insurance card will be issued by the institution of the competent State or the State of residence. In order to facilitate the acceptance and reimbursement of the cost of treatment on the basis of the European card, it will be necessary for the three main parties concerned, namely the insured persons, the care providers and the institutions, to recognise easily and accept the European card in conformity with a single model and uniform specifications.(2) The information which must be visible on the European card is defined in Article 6 of Administrative Commission Decision No 189. The introduction of the European card with visible data is the first stage of a process leading ultimately to the abolition of the current paper forms and the use of an electronic medium providing entitlement to health care during a temporary stay in a Member State other than the competent State or the State of residence. Consequently, the competent institutions of the Member States wishing to do so may also incorporate on an electronic medium, such as a microchip or magnetic strip, from the initial stage onwards, the data referred to in this recital.(3) When exceptional circumstances prevent the person concerned from producing the European card, a provisional replacement certificate in accordance with a uniform model must be made out,HAS DECIDED AS FOLLOWS:Article 1The design and specifications of the European health insurance card shall be established in accordance with Annex 1 to this Decision.Article 2The model of the provisional replacement certificate shall be established in accordance with Annex 2 to this Decision.Article 3This Decision shall be published in the Official Journal of the European Union. It shall be applicable from the first day of the month following its publication.The Chairman of the Administrative CommissionTheodora TsotsorouANNEX 1TECHNICAL PROVISIONS CONCERNING THE DESIGN OF THE EUROPEAN HEALTH INSURANCE CARD1. IntroductionIn compliance with the related decisions of the Administrative Commission for Social Security for Migrant Workers, the European health insurance card provides a minimum set of "eye-readable" data to be used in a Member State other than the Member State of insurance or residence for:- identifying the insured person, the competent institution and the card,- stating the entitlement to receive care during a temporary stay in another Member State.The models shown below are based on the technical specifications defined in this document but are to be considered for illustration purposes only.Figure 1: Example for the front side>PIC FILE= "L_2003276EN.000602.TIF">Figure 2: Example for the reverse side>PIC FILE= "L_2003276EN.000603.TIF">While the ordering of the eye-readable data is identical in both models, i.e. irrespective of the side used by the European health insurance card, a different structure has been defined for the front and the reverse side. This is the result of a compromise between the required unique model for the European card and the structural differences of both sides while retaining the overall style between the front and the back of the card.2. Normative reference>TABLE>3. Specifications3.1. DefinitionsThe front side is the side on which the microprocessor (if any) is embedded. The reverse side is the side on which the magnetic stripe (if any) is attached. If there is neither a microprocessor nor a magnetic stripe, the front side of the card will be the side on which the information outlined in this document is presented.3.2. Overall structureThe format of the European health insurance card complies with the ID-1 format (53,98 mm high, 85,60 mm wide and 0,76 mm thick). However, if the European health insurance card takes the form of a sticker to be applied on the reverse side of a national card, the ID-1 thickness criterion will not apply.3.2.1. European health insurance card: front side of the cardThe background is divided into two parts by an axis vertically splitting the card area into part 1 on the left (53 mm wide) and part 2 on the right.Four placeholders are positioned thanks to a set of guiding lines:- three vertical guiding lines(a) at 5 mm from the left edge of the card,(b) at 21,5 mm from the left edge of the card,(c) at 1 mm from the right edge of the card,- three horizontal guiding lines(d) at 2 mm from the top edge of the card,(e) at 17 from the top edge of the card,(f) at 5 mm from the bottom edge of the card.(a) Card without chip>PIC FILE= "L_2003276EN.000801.TIF">(b) Chip card>PIC FILE= "L_2003276EN.000802.TIF">3.2.2. European health insurance card: reverse side of the cardThe background is divided by an axis splitting the card area horizontally into two parts of equal size. Part 1 is the top part and part 2 the bottom part.Five placeholders are positioned thanks to a set of guiding lines:- symmetrically:(g) at 9 mm from the left edge of the card,(h) in the middle of the card,(i) at 9 mm from the right edge of the card,- vertically:(j) at 3 mm from the left edge of the card,(k) at 3 mm from the right edge of the card,- horizontally:(l) in the middle of the card,(m) at 2 mm from the bottom edge of the card.(c) With magnetic stripe>PIC FILE= "L_2003276EN.000901.TIF">(d) Without magnetic stripe>PIC FILE= "L_2003276EN.000902.TIF">3.3. Background and graphical elements3.3.1. Colours of the backgroundThe colour scheme of the background is as follows(1):- part 1 is dark blue mixed with purple(2),- part 2 is one tone of grey/blue(3) which shades slightly darker from the middle to the sides of the card,- the data field is made up of white stripes to be used as background for each of the individual data lines (see below).A shading effect has been used on part 2 and the data field to create an illusion of relief, with the light coming from the top left corner of the card. The free area is in the same colour as either part 2 (without the shading effect) or the data field.3.3.2. European markThe European mark is made up of the European stars coloured in white:- when on the front side of the card, it has a diameter of 15 mm and is positioned vertically below the guiding line "d" and horizontally centred in part 2 of the background,- when on the reverse side of the card, it has a diameter of 10 mm and is positioned symmetrically along the vertical axis "i" and aligned centrally with the free area.An alternative mark will be used for countries where a European card is to be issued but which are not members of the European Union.3.3.3. Data fieldThe data field area is made up of white data stripes (five when on the front side and four when on the reverse side) 4 mm high with inter-spaces of 2 mm:- when on the front side of the card, the data field is centrally located between the vertical guiding lines "b" and "c" and the horizontal lines "e" and "f",- when on the reverse side of the card, the data field is symmetrically located along the "h" vertical axis and between the vertical guiding lines "j" and "k" and above the horizontal line "m".3.3.4. Free areaThe free area is an area located on the reverse side of the European card and available for national purposes. It can be used e.g. as a signature stripe or for providing any text, logo or other marking. The content of this area has however no legal value but an informational value only.This area is positioned as follows:- when the European card is implemented on the front side of a card, the reverse side is a free area, without any specifications,- when the European card is implemented on the reverse side of another card, a free area, without any specifications other than its dimension, remains available on the reverse side of the card (10 mm high and 52 mm wide). It is symmetrically located along the "h" vertical axis and centred in the area between the magnetic stripe and the data field areas. It can be used by the card issuer to place an authentication signature stripe or text,- when there is no magnetic stripe, the free area is 20 mm high instead of 10 mm.3.4. Predefined data elements3.4.1. Card name>TABLE>3.4.2. Caption>TABLE>3.4.3. Issuing State>TABLE>3.5. Personal data elementsThe personal data elements have the following common characteristics:- compliance with EN 1387 with regard to the character set: Latin alphabet No 1 (ISO 8859-1),- if there is a need to abbreviate elements due to the limited number of spaces, this must be indicated by a full stop.Data will be laser or thermal-transfer printed or engraved but not embossed.Each data element will be placed in the data field according to the schemes below.Figure 3: front side model for the data field>PIC FILE= "L_2003276EN.001201.TIF">Figure 4: reverse side model for the data field>PIC FILE= "L_2003276EN.001202.TIF">3.5.1. Form identifier>TABLE>3.5.2. Card holder-related data elementsNote that the card holder may not be the insured person but a beneficiary as the card is individual.>TABLE>>TABLE>>TABLE>>TABLE>3.5.3. Competent institution related data elements>TABLE>>TABLE>3.5.4. Card related data elements>TABLE>>TABLE>3.6. Security requirementsAll security measures remain the full responsibility of the card issuer, who is best placed to assess threats and implement appropriate counter-measures.When placed on the reverse side of a national card, the European card will benefit from all security measures applied to the national card. As an additional security measure, it is, however, suggested that some data have the same values on both sides of the card.Should other elements than those specified above be considered as required security measures (e.g. a picture of the card holder's face), then they will be applied on the other side of the card.(1) The technical details of the colour scheme are available on request to the Secretariat of the Administrative Commission. They will be provided in the appropriate format according to the best practices in the professional printing sector (i.e. as a Quark Xpress file. The colour scheme is four colours CMYK and all images are in TIFF format).(2) The CMYK references for this colour are C78 M65 Y21 K7.(3) The CMYK references for the grey are C33 M21 Y13 K1 and the blue C64 M46 Y16 K2.ANNEX 2MODEL OF THE PROVISIONAL CERTIFICATE REPLACING THE EUROPEAN HEALTH INSURANCE CARD1. IntroductionThe European health insurance certificate (called "the certificate" hereafter) may be provided to the insured person, on request only and as a provisional replacement for the European card.The certificate is identical in format in all Member States and contains, in the same order, the same data as the European card (fields 1 to 9) as well as data for certifying the origin and validity of the certificate (fields (a) to (d)).2. Model of certificateSee next page.>PIC FILE= "L_2003276EN.001801.TIF">

Summary: European health insurance card European health insurance card SUMMARY OF: Decisions on the European health insurance card SUMMARY WHAT DO THESE DECISIONS DO? They introduce a standard European health insurance card. This replaces the E111 and E111B forms which were previously used. It enables citizens staying temporarily in another EU country to benefit from simplified reimbursement procedures for any healthcare they may receive. KEY POINTS The card is issued for free by the holder’s relevant national authority. This authority decides how long it should be valid. It may be used in any of the 28 EU countries (1), as well as in Iceland, Liechtenstein, Norway and Switzerland, under the same conditions as those that apply to the citizens of the country in question. The card ensures that the institution providing medical care to a temporary resident is reimbursed. The card shows the holder’s name, date of birth and personal identification number. The information also includes details of the holder’s medical insurance organisation. When an insured person is unable to produce the card, they may be issued a provisional replacement certificate of limited validity. The card is designed according to a uniform format and specifications to ensure it can be easily recognised by medical staff and insurance companies. The card is not an alternative to travel insurance and does not cover any private healthcare costs. BACKGROUND More information: European health insurance card ACT 2003/751/EC: Decision No 189 of 18 June 2003 aimed at introducing a European health insurance card to replace the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 as regards access to health care during a temporary stay in a Member State other than the competent state or the state of residence 2003/752/EC: Decision No 190 of 18 June 2003 concerning the technical specifications of the European health insurance card 2003/753/EC: Decision No 191 of 18 June 2003 concerning the replacement of forms E111 and E111B by the European health insurance card REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal 2003/751/EC: Decision No 189 18.6.2003 - OJ L 276, 27.10.2003, pp. 1-3 2003/752/EC: Decision No 190 18.6.2003 - OJ L 276, 27.10.2003, pp. 4-18 2003/753/EC: Decision No 191 18.6.2003 - OJ L 276, 27.10.2003, pp. 19-21 last update 22.09.2015(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.


EUR-Lex - 32003H0134 - EN Avis juridique important | 32003H0134 Council recommendation of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers Official Journal L 053 , 28/02/2003 P. 0045 - 0046 Council recommendationof 18 February 2003concerning the improvement of the protection of the health and safety at work of self-employed workers(2003/134/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal for a recommendation from the Commission,Having regard to the opinion of the European Parliament(1),Having regard to the opinion of the European Economic and Social Committee(2),Whereas:(1) The Communication from the Commission on a Community programme concerning safety, hygiene and health at work (1996 to 2000)(3) provided for examining the need for a proposal for a Council recommendation concerning the health and safety of self-employed workers, given the ever-increasing number of such workers.(2) The European Parliament in its Resolution(4) on the General framework for action by the Commission in the field of safety, hygiene and health protection at work (1994 to 2000) proposes that it include measures to extend the framework Directive to self-employed workers. The European Parliament in its Resolution(5) on the mid-term report on the implementation of this programme again draws attention to the category of self-employed workers, who are largely outside the scope of the legislation, and stresses that the growth in subcontracting has led to an increase in the number of accidents at work.(3) The Commission Communication of 11 March 2002 - "Adapting to change in work and society: a new Community strategy on health and safety at work 2002 to 2006" - and Council Resolution of 3 June 2002 on a new Community strategy on health and safety at work (2002 to 2006), which aim at instilling a culture of prevention and influencing behaviour, should, wherever possible, be taken into account by both employed and self-employed workers.(4) The social partners attach particular importance to the protection of the health and safety of both self-employed workers and of other persons working at the same workplace, and almost all are in favour of a Community action in the form of a Council recommendation focusing on high risk sectors and notably on information and awareness-raising measures on risk prevention, appropriate training and medical surveillance.(5) As a general rule, workers who exercise their occupational activity in a manner which does not involve an employment relationship with an employer or, more generally, does not make them subordinate to a third person are not covered by the Community Directives on health and safety at work, in particular framework 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(6). Moreover, these workers are not covered in certain Member States by the legislation applicable in the field of health and safety at work.(6) Self-employed workers, irrespective of whether they work alone or with employees, may be subject to health and safety risks similar to those experienced by employees.(7) Through their activities self-employed workers may jeopardise the safety and health of other persons working at the same workplace.(8) There are also certain "high-risk" sectors in the Community in which the number of self-employed workers is very high (agriculture, fishing, construction, transport).(9) The recent recommendation by the ILO accompanying the Convention concerning health and safety in agriculture(7) stipulates that Member States must progressively extend to self-employed farmers the protection applicable to workers, taking account of the views of representative organisations of self-employed farmers if necessary.(10) Work accidents and occupational diseases to which self-employed workers are particularly exposed result in high costs in both social and human terms.(11) For these reasons, it is appropriate to take account of the category of self-employed workers and in this recommendation to focus on preventing the risks of occupational accidents and diseases to which self-employed workers are exposed.(12) The need to take account of the specific situation of the self-employed has already been recognised in relation to work carried out at temporary or mobile construction sites, as Directive 92/57/EEC(8) provides for the extension to the self-employed of certain relevant provisions on the use of work equipment and protective equipment.(13) Improving the standards of safety and health of self-employed workers can improve the conditions of competition and competitiveness on a European level.(14) It is also necessary to improve access of self-employed workers to training and information with a view both to improving their own health and safety and that of the persons working at the same workplace.(15) Member States should choose the means they deem to be most appropriate to meet the objectives.(16) This recommendation does not affect existing or future national provisions providing for a higher degree of protection.(17) In the current situation, the Member States are in the best position to take appropriate measures, whereby the Community should also contribute towards achieving the objectives of this recommendation.(18) The proposal was drawn up following consultation with the social partners, in accordance with Article 138(2) and (3) of the EC Treaty, and with the Advisory Committee on Safety, Hygiene and Health Protection at Work,HEREBY RECOMMENDS THAT MEMBER STATES:1. promote, in the context of their policies on preventing occupational accidents and diseases, the safety and health of self-employed workers, while taking account of the special risks existing in specific sectors and the specific nature of the relationship between contracting undertakings and self-employed workers;2. when promoting health and safety for self-employed workers, choose the measures they deem to be most appropriate, such as one or more of the following: legislation, incentives, information campaigns and encouragement of relevant stakeholders;3. take the necessary measures, including awareness-raising campaigns, so that self-employed workers can obtain from the competent services and/or bodies, as well as from their own representative organisations, useful information and advice on the prevention of occupational accidents and diseases;4. take the measures necessary so that self-employed workers can have access to sufficient training to acquire appropriate safety and health skills;5. facilitate easy access to this information and training without involving excessive expense for self-employed workers;6. in accordance with national law and/or practice, allow self-employed workers who so wish to have access to health surveillance appropriate to the risks to which they are exposed;7. in the context of their policies on preventing occupational accidents and diseases, take account of available information on experience in other Member States;8. examine, at the end of a four-year period starting with the adoption of this recommendation, the effectiveness of existing national measures or measures taken subsequent to the adoption of this recommendation and inform the Commission of their findings.Done at Brussels, 18 February 2003.For the CouncilThe PresidentN. Christodoulakis(1) Opinion of 23 October 2002 (not yet published in the Official Journal).(2) OJ C 241, 7.10.2002, p. 139.(3) OJ C 262, 7.10.1995, p. 18.(4) OJ C 205, 25.7.1994, p. 478.(5) Resolution of the EP of 25.2.1999 (A4-0050/1999).(6) OJ L 183, 29.6.1989, p. 1.(7) ILO, Convention 184/2001 of 21.6.2001.(8) OJ L 245, 26.8.1992, p. 6.

Summary: Self-employed workers: health and safety at work Self-employed workers: health and safety at work Improve the minimum standards of protection of health and safety at work of self-employed workers who are not generally covered by the framework Directive 89/391/EEC. ACT Council Recommendation 2003/134/EC of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers. SUMMARY This recommendation concerns workers who exercise their occupational activity in a manner which does not involve an employment relationship with an employer or, more generally, does not make them subordinate to a third person. Although self-employed workers are not covered by the Directives on health and safety at work, notably Directive 89/391/EEC, they are very often subject to health and safety risks similar to those experienced by employees. Moreover, there are a large number of self-employed workers in certain "high-risk" sectors such as agriculture, fishing, construction, and transport. For this reason the Council recommends that Member States promote prevention policies as well as health and safety at work measures, notably via awareness-raising campaigns, as well as access to training and health surveillance. More specifically, Member States are recommended: to promote, in the context of their policies on preventing occupational accidents and diseases, the safety and health of self-employed workers, while taking account of the special risks existing in specific sectors and the specific nature of the relationship between contracting undertakings and self-employed workers; when promoting health and safety for self-employed workers, to choose the measures they consider most appropriate, such as one or more of the following: legislation, incentives, information campaigns and encouragement of relevant stakeholders; to implement awareness-raising campaigns, so that self-employed workers can obtain from the competent services and/or bodies, as well as from their own representative organisations, useful information and advice on the prevention of occupational accidents and diseases; to take the measures necessary so that self-employed workers can have access to sufficient training to acquire appropriate safety and health skills; to facilitate easy access to this information and training without involving excessive expense for self-employed workers; to allow self-employed workers who so wish to have access to health surveillance appropriate to the risks to which they are exposed; to take account of available information on experience in other Member States; to examine, between now and 2007, the effectiveness of existing national measures or measures taken subsequent to the adoption of this recommendation and to duly inform the Commission. This recommendation does not affect existing or future national provisions providing for a higher degree of protection and Member States should choose the means they consider to be most appropriate to meet its objectives. References Act Entry into force Deadline for transposition in the Member States Official Journal Council Recommendation 2003/134/EC 18.02.03 - OJ L 53 of 28.02.2003 Last updated: 04.05.2004