Official Journal of the European Communities

L 177/17

indicating the points of view of the two sides of industry. It

3.

The derogations referred to in paragraphs 1 and 2 shall

shall contain a description of best practice for preventing vibra-

be granted by Member States after consultation of the two sides

tions with a harmful effect on health and of other forms of

of industry in accordance with national laws and practice. Such

work organisation, together with the action taken by the

derogations must be accompanied by conditions which guar-

Member States to impart knowledge of such best practice.

antee, taking into account the special circumstances, that the

resulting risks are reduced to a minimum and that the workers

On the basis of those reports, the Commission shall carry out

concerned are subject to increased health surveillance. Such

an overall assessment of the implementation of the Directive,

derogations shall be reviewed every four years and withdrawn

including implementation in the light of research and scientific

as soon as the justifying circumstances no longer obtain.

information, and shall inform the European Parliament, the

4.

Every four years Member States shall forward to the

Council, the Economic and Social Committee and the Advisory

Commission a list of derogations as referred to in paragraphs 1

Committee on Safety, Hygiene and Health Protection at Work

and 2, indicating the exact reasons and circumstances which

thereof and, if necessary, propose amendments.

made them decide to grant the derogations.

Article 14

Article 11

1.  The Member States shall bring into force the laws, regula-

Amendments to the Annex of a strictly technical nature in line

tions and administrative provisions necessary to comply with

this Directive no later than 6 July 2005. They shall forthwith

inform the Commission thereof. They shall also include a list,

(a) the adoption of Directives in the field of technical harmoni-

giving detailed reasons, of the transitional arrangements which

sation and standardisation with regard to the design,

the Member States have adopted in accordance with Article 9.

building, manufacture or construction of work equipment

and/or workplaces;

When Member States adopt these measures, they shall contain

(b) technical progress, changes in the most appropriate harmo-

a reference to this Directive or shall be accompanied by such

nised European standards or specifications and new findings

reference on the occasion of their official publication. The

concerning mechanical vibration;

methods of making such reference shall be laid down by

Member States.

shall be adopted in accordance with the regulatory procedure

laid down in Article 12(2).

2.  Member States shall communicate the provisions of

national law which they adopt or have already adopted in the

Article 12

field covered by this Directive to the Commission.

Article 15

1.

The Commission shall be assisted by the Committee

referred to in Article 17(2) of Directive 89/391/EEC.

2.

Where reference is made to this paragraph, Articles 5 and

This Directive shall enter into force on the day of its publica-

7 of Decision 1999/468/EC shall apply, having regard to the

tion in the Official Journal of the European Communities.

provisions of Article 8 thereof.

Article 16

The period referred to in Article 5(6) of Decision 1999/468/EC

shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

This Directive is addressed to the Member States.

Done at Luxembourg, 25 June 2002.

Article 13

For the European Parliament

For the Council

The President

The President

Every five years Member States shall provide a report to the

Commission on the practical implementation of this Directive,