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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.

Jean VINCENT
FIM General Secretary

Jean Vincent Signature

Jim WILSON
UNI-MEI Director

Jim Wilson Signature

Dominick LUQUER
FIA General Secretary

Dominick Luquer Signature

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