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Physical Agents (Noise) Directive

Page 2 of 5

Physical Agents (Noise) - Outcome of the EP's Employment and Social Affairs Committee meeting 18-19 February 2002.

General
After considerable lobbying by the UK Government and UK industry representatives, Helle Thorning-Schmidt, the Rapporteur of the Employment and Social Affairs Committee, withdrew the most burdensome amendments in her report. The Committee voted to adopt the second reading by 27:16.

Headlines
The headlines issues are:

• The 87dB(A) limit value will take account of hearing protection;

• The music/entertainment industry will not be exempted;

• The upper action value remains 85 dBA;

• Health surveillance will be available on request at the lower action value of 80 dBA

• Weekly measurement is allowed in duly justified circumstances

The Votes

The Votes by amendment number are shown in the table below:

Comment
The UK Government strongly supports the common position text. However, following the withdrawal of the most contentious and burdensome amendments, the remaining amendments could be considered a workable compromise.

Next Steps
The amendments will now go the next plenary session of the Parliament.

Philip Bushill-Matthews MEP, Conservative Spokesman on Employment has announced the intention to retable amendment 14, to exclude music and the entertainment sector from the scope of this Directive. The amendment was defeated by 22 votes to 20, but he has stated he is hopeful of success in the plenary session.

The UK Government remains strongly opposed to this amendment because it is important that workers in all sectors of industry receive the same level of protection from health and safety legislation. If, as proposed, a separate Directive for the music and entertainment sector were to be negotiated it would lead to a situation where one sector of industry is afforded lower levels of protection than all others. It is not UK Government policy to accept legislation which would dilute existing health and safety standards.

HSE will issue further factual briefing to UK MEPs on the remaining amendments in due course.

Health & Safety Executive - short report from the Physical Agents Policy Unit:-
On 19th February 2002 the European Parliament's Employment & Social Affairs Committee voted on which amendments to the Council's common position they would submit to the Parliament's plenary session. Those amendments plus a further two late amendments (23 and 25). We are currently considering the Government's response to these amendments.

On 12th March 2002 the plenary session of the European Parliament voted on which amendments would be submitted to the Council. Amendments 1-3 6-7 10-18 20-23 and 25 were adopted.

The Council common position of October 2001 and amendments adopted by the European Parliament after second reading (March 13th 2002) are available on the European Website (www.europarl.eu.int)

Under the co-decision procedure, the Directive has to be adopted jointly by the Council and the Parliament who will then have to reach agreement on the test. We expect the Directive will be adopted mid 2002 and Member States will then have 3 years to bring in implementing legislation, When new UK regulations are introduced in 2005, they will repeal the existing Noise at Work Regulations.

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