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Physical Agents (Noise) Directive Page 4 of 5
European Arts and Entertainment Alliance (EAEA) EAEA POSITION ON THE DIRECTIVE REGARDING THE EXPOSURE OF WORKERS TO RISKS ARISING FROM PHYSICAL AGENTS (NOISE) European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council Directive on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (Noise) (seventeenth specific Directive within the meaning of Article 16 (1) of Directive 89/391/CEE) (10479/1/2001 - C5-0546/2001 - 1992/0449 A (COD)) Paris, April 3, 2002 Ladies and Gentlemen Members of Parliament and Members of the Council of Ministers, In order to provide you with certain elements which might be of assistance to you during the examination which you will be carrying out within the Conciliation Committee, the European Arts and Entertainment Alliance (EAEA) made up by the International Federation of Musicians (FIM), the International Federation of Actors (FIA) and Media and Entertainment International (UNI-MEI), would like to forward to you the following position. EAEA represents several hundred thousand performing arts' workers in Europe. Our member unions represent musicians, singers, actors, dancers and technicians who help this sector express its creative and cultural potential. At this stage, our comments will only have bearing on amendment no. 23 adopted by the European Parliament on second reading on March 13, 2002. We should like to remind you that EAEA and the Performing Arts Employers Association League Europe (PEARLE) who sit together in the European Social Dialogue Committee for the Performing Arts instituted by the European Commission, had forwarded the following proposed amendment to the European Parliament for its second reading: "Member States recognise that the live performing arts sector requires a regulation that shall be better adapted to its specificities. Consequently, specific rules shall be worked out with the preliminary consultation of the social partners in order to guarantee the effective health protection of these professionals without being detrimental to the interests of the artistic activity and to the development of employment in the sector". The reason behind this amendment was based on pragmatism and efficiency, and the will to bring about a real protection for the performing arts sector workers. The proposal had number of advantages, namely to:
In the enclosed letter which was sent to the Members of the European Parliament, we put forward further elements justifying our request to adopt protecting measures specific to the music and entertainment sectors, in order not to jeopardize the employment but also to promote more efficient systems of health protection. Unfortunately, amendment no. 23 adopted by the Parliament does not exactly correspond to the concerns that were voiced by us. It contains a genuine danger which we firmly wish to oppose, as it might lead to denying any right to an efficient protection of music and entertainment workers against the excessive exposure to noise. Moreover, this amendment would also go against the spirit expressed in our former position. The amendment states that within a period of five years from its coming into force, the Directive will not be applicable to the music and entertainment sectors. During the first two years, the Commission is to draft a report in collaboration with the social partners, aiming to analyze the implications of the Directive for the music and the entertainment sectors. On the basis of this report, the Commission shall submit a proposal to the Council calling either for these activities to be regulated by appropriate measures or for music and the performing arts to be excluded from the Directive's field of application. Should no proposal be issued by the Commission, the Directive shall be applied to those sectors five years after its coming into force. As an umbrella trade union organization representing music and entertainment workers, we should like to make the following comment and recommend an improvement of the Parliament's first amendment.
Comment 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 "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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