Official Journal of the European Communities

L 177/13

minimum basis of protection for all Community workers

in order to avoid possible distortions of competition.

Having regard to the Treaty establishing the European

Community, and in particular Article 137(2) thereof,

This Directive lays down minimum requirements, thus

giving Member States the option of maintaining or

Having regard to the proposal from the Commission (1),

adopting more favourable provisions for the protection

submitted after consultation with the Advisory Committee on

of workers, in particular the fixing of lower values for

Safety, Hygiene and Health Protection at Work,

the daily action value or the daily exposure limit value

for vibrations. The implementation of this Directive

should not serve to justify any regression in relation to

Having regard to the opinion of the Economic and Social

the situation which already prevails in each Member

Committee (2),

Having consulted the Committee of the Regions,

A system of protection against vibration must limit itself

Acting in accordance with the procedure laid down in Article

to a definition, free of excessive detail, of the objectives

251 of the Treaty (3), in the light of the joint text approved by

to be attained, the principles to be observed and the

the Conciliation Committee on 8 April 2002,

fundamental values to be used, in order to enable

Member States to apply the minimum requirements in

an equivalent manner.

Under the Treaty the Council may, by means of direc-

tives, adopt minimum requirements for encouraging

The level of exposure to vibration can be more effec-

improvements, especially in the working environment,

tively reduced by incorporating preventive measures into

to guarantee a better level of protection of the health

the design of work stations and places of work and by

and safety of workers. Such directives are to avoid

selecting work equipment, procedures and methods so as

imposing administrative, financial and legal constraints

to give priority to reducing the risks at source. Provisions

in a way which would hold back the creation and devel-

relating to work equipment and methods thus contribute

opment of small and medium-sized undertakings.

to the protection of the workers involved.

The communication from the Commission concerning

its action programme relating to the implementation of

the Community Charter of the Fundamental Social

Employers should make adjustments in the light of tech-

Rights of Workers provides for the introduction of

nical progress and scientific knowledge regarding risks

minimum health and safety requirements regarding the

related to exposure to vibration, with a view to

exposure of workers to the risks caused by physical

improving the safety and health protection of workers.

agents. In September 1990 the European Parliament

adopted  a  resolution  concerning  this  action

programme (4), inviting the Commission in particular to

In the case of sea and air transport, given the current

draw up a specific directive on the risks caused by noise

state of the art it is not possible to comply in all circum-

and vibration and by any other physical agent at the

stances with the exposure limit values for whole-body

vibration; provision should therefore be made for duly

justified exemptions in some cases.

As a first step, it is considered necessary to introduce

measures protecting workers from the risks arising from

vibrations owing to their effects on the health and safety

of workers, in particular muscular/bone structure, neuro-

Since this Directive is an individual Directive within the

logical and vascular disorders. These measures are

meaning of Article 16(1) of Council Directive 89/391/

intended not only to ensure the health and safety of each

EEC of 12 June 1989 on the introduction of measures to

worker on an individual basis, but also to create a

encourage improvements in the safety and health of

workers at work (5), that Directive therefore applies to

the exposure of workers to vibration, without prejudice

to more stringent and/or specific provisions contained in

this Directive.

This Directive constitutes a practical step towards

creating the social dimension of the internal market.