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Campaigns
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EAEA Position on the Directive Regarding the Exposure of
Workers to Risks Arising from Physical Agents (Noise)
Page 2 of 2
Comment
We feel that the spirit of this amendment takes into account the specific
nature of the music and entertainment sectors as well as the crucial role
of sound and noise therein. We entirely agree to more in-depth investigations
being carried out in cooperation with the social partners, as only this
will give the Parliament and the Council the means to mature a more accurate
opinion regarding the protection of those workers that we represent against
noise. Such a provision would also strongly foster the European Social
Dialogue on Live Performance, run under the auspices of the European
Commission's DG for Employment and Social Affairs.
In no way, however, have EAEA and PEARLE ever suggested that the music and
entertainment sectors should be excluded from the field of application of
the Directive. Any such exclusion would be in complete contradiction with
the spirit of the Directive and, what is more, totally unacceptable.
It would entail a total lack of protection for professional activities
characterized by numerous and serious health risks. Furthermore, such a
measure would create an obstacle for any future Community plan aiming to
protect workers in our sectors against noise.
Should such a position be maintained, we fear that the investigative work
that the Commission is to carry out would be seriously disrupted by the action
of powerful lobbies who, instead of presenting constructive proposals, would
simply oppose any draft regulation in order to exclude these sectors from the
scope of the Directive. On this note, it is useful to recall the common position
that we previously expressed with our social partners in PEARLE calling for
specific measures, rather than a simple exclusion. Should the Directive exempt
the music and entertainment workers from its scope, this would disrupt the
European Social Dialogue and dissuade other parties from cooperating in any
constructive way with the Commission.
Consequently, the sheer exclusion of the music and entertainment sectors
from the Directive's scope of application must be scratched out of this
amendment.
Proposal
We feel that a satisfactory and balanced solution would be to retain the amendment,
whilst removing the possibility to exclude the music and the entertainment sectors
and adding a phrase that could bring together economic needs and public health
requirements. The phrasing could be as follows:
"The requirements of this Directive shall apply to such activities in the music
and entertainment sectors (to live sounds and/or recorded sounds) five years after
the entry into force of this Directive.
At the latest 3 years before this date, the Commission shall present a report to
the European Parliament and the Council. This report, to be prepared in cooperation
with the two sides of industry affected, shall analyze the implications of the
Directive for those sectors. On the basis of this report, the Commission shall, if
appropriate, submit a proposal, the aim of which may be to regulate those activities
by different means so as to take into consideration the specific aspects of these
sectors."
We should like to thank you in anticipation for your time and attention. We are
convinced that you will appreciate the importance of these observations for all the
professionals that we represent. Should you require any further information or
explanation, please do not hesitate to contact us.
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Jean VINCENT
FIM General Secretary |
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Jim WILSON
UNI-MEI Director |
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Dominick LUQUER
FIA General Secretary |
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