(1)

The active substance vinegar, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for vinegar for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Vinegar was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether vinegar gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)

The opinion of the Agency (5) concluded that vinegar does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5)

Taking into account the opinion of the Agency, it is appropriate to include vinegar in Annex I to Regulation (EU) No 528/2012. As vinegar is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Vinegar should be included in that Annex only insofar as it falls within the definition of ‘food’ referred to in point (u) of Article 3(1) of that Regulation and insofar it contains less than 10 % acetic acid. This is consistent with the fact that vinegar only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food.

(6)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to vinegar for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

The active substance Saccharomyces cerevisiae, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for Saccharomyces cerevisiae for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Saccharomyces cerevisiae was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether Saccharomyces cerevisiae gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)

The opinion of the Agency (5) concluded that Saccharomyces cerevisiae does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5)

Taking into account the opinion of the Agency, it is appropriate to include Saccharomyces cerevisiae in Annex I to Regulation (EU) No 528/2012. As Saccharomyces cerevisiae is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Saccharomyces cerevisiae should be included in that Annex only insofar as it falls within the definition of ‘food’ or ‘feed’ referred to in point (u) of Article 3(1) of that Regulation. This is consistent with the fact that Saccharomyces cerevisiae only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food or feed.

(6)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to Saccharomyces cerevisiae for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

The active substance powdered egg, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for powdered egg for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Powdered egg was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether powdered egg gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)

The opinion of the Agency (5) concluded that powdered egg does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5)

Taking into account the opinion of the Agency, it is appropriate to include powdered egg in Annex I to Regulation (EU) No 528/2012. As powdered egg is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Powdered egg should be included in that Annex only insofar as it falls within the definition of ‘food’ or ‘feed’ referred to in point (u) of Article 3(1) of that Regulation. This is consistent with the fact that powdered egg only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food or feed.

(6)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to powdered egg for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

The active substance honey, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for honey for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Honey was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether honey gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)

The opinion of the Agency (5) concluded that honey does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5)

Taking into account the opinion of the Agency, it is appropriate to include honey in Annex I to Regulation (EU) No 528/2012. As honey is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Honey should be included in that Annex only insofar as it falls within the definition of ‘food’ or ‘feed’ referred to in point (u) of Article 3(1) of that Regulation. This is consistent with the fact that honey only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food or feed.

(6)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to honey for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

The active substance D-fructose, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for D-fructose for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. D-fructose was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether D‐fructose gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012. The opinion of the Agency (5) concluded that D-fructose does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(4)

Taking into account the opinion of the Agency, it is appropriate to include D-fructose in Annex I to Regulation (EU) No 528/2012. As D-fructose is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. D‐fructose should be included in that Annex only insofar as it falls within the definition of ‘food’ or ‘feed’ referred to in point (u) of Article 3(1) of that Regulation. This is consistent with the fact that D-fructose only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food or feed.

(5)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to D-fructose for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

The active substance cheese, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for cheese for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Cheese was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether cheese gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)

The opinion of the Agency (5) concluded that cheese does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5)

Taking into account the opinion of the Agency, it is appropriate to include cheese in Annex I to Regulation (EU) No 528/2012. As cheese is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Cheese should be included in that Annex only insofar as it falls within the definition of ‘food’ or ‘feed’ referred to in point (u) of Article 3(1) of that Regulation. This is consistent with the fact that cheese only benefited from the food and feed derogation provided for in Article 6 of Regulation (EC) No 1451/2007 if it was food or feed.

(6)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to cheese for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

The active substance concentrated apple juice, insofar as it constituted food or feed intended for use as a repellent or attractant of product type 19, used to benefit from the food and feed derogation provided for in Article 6 of Commission Regulation (EC) No 1451/2007 (2).

(2)

A notification was submitted pursuant to Article 16(5) of Commission Delegated Regulation (EU) No 1062/2014 (3) for concentrated apple juice for product type 19 benefiting from the food and feed derogation. The European Chemicals Agency (‘the Agency’) declared the notification to be compliant and informed the Commission of the compliance pursuant to Article 17 of that Regulation. Concentrated apple juice was consequently included for product type 19 in the list of substance/product type combinations included in the programme of review of existing active substances contained in biocidal products (4).

(3)

On 31 January 2017 the Commission asked the Agency for an opinion on whether concentrated apple juice gives rise to concern according to Article 28(2) of Regulation (EU) No 528/2012.

(4)

The opinion of the Agency (5) concluded that concentrated apple juice does not give rise to concern and is therefore eligible for inclusion in Annex I to Regulation (EU) No 528/2012.

(5)

Taking into account the opinion of the Agency, it is appropriate to include concentrated apple juice in Annex I to Regulation (EU) No 528/2012. As concentrated apple juice is of natural origin, it should be included in category 4 ‘Traditionally used substances of natural origin’. Concentrated apple juice should be included in that Annex only in so far it falls within the definition in point (2) of Part I of Annex I to Council Directive 2001/112/EC (6).

(6)

Article 89(3) of Regulation (EU) No 528/2012 contains transitional measures where an existing active substance included in the work programme for the systematic examination of existing active substances is approved in accordance with that Regulation. With respect to concentrated apple juice for product-type 19, the date of approval for the purposes of Article 89(3) of that Regulation should be set at 1 June 2021, in order to allow sufficient time for applications for authorisation to be submitted in accordance with the second subparagraph of Article 89(3) of that Regulation,

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Lithuania’s application to register the name ‘Kaimiškas Jovarų alus’ was published in the Official Journal of the European Union (2).

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Kaimiškas Jovarų alus’ should therefore be entered in the register,

(1)

By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) (‘the Agreement’) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it and expressed as special drawing rights.

(2)

One of the objectives of Directive 2014/23/EU is to allow the contracting entities and the contracting authorities, which apply that Directive, to comply at the same time with the obligations laid down in the Agreement. In accordance with Article 9(1) of Directive 2014/23/EU, every two years the Commission is to verify that the threshold for concessions set out in Article 8(1) of that Directive corresponds to the threshold established in the Agreement. Given that the value of the threshold calculated in accordance with Article 9(1) of Directive 2014/23/EU is different from the value of the threshold set out in Article 8(1) of that Directive, it is necessary to revise this threshold.

(3)

Directive 2014/23/EU should therefore be amended accordingly,

(1)

By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) (‘the Agreement’) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it and expressed as special drawing rights.

(2)

One of the objectives of Directive 2014/24/EU is to allow the contracting authorities, which apply that Directive, to comply at the same time with the obligations laid down in the Agreement. In accordance with Article 6(1) of Directive 2014/24/EU, every two years the Commission is to verify that the thresholds for public contracts and design contests set out in points (a), (b) and (c) of Article 4 of that Directive correspond to the thresholds established in the Agreement. Given that the value of the thresholds calculated in accordance with Article 6(1) of Directive 2014/24/EU is different from the value of the thresholds set out in points (a), (b) and (c) of Article 4 of that Directive, it is necessary to revise these thresholds. In accordance with Article 6(2) of Directive 2014/24/EU, the thresholds established in Article 13 of that Directive are to be aligned with the thresholds set out in points (a) and (c) of Article 4 of that Directive.

(3)

Directive 2014/24/EU should therefore be amended accordingly,

(1)

Article 4 is amended as follows:

(2)

the first paragraph of Article 13 is amended as follows:

(1)

By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) (‘the Agreement’) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it and expressed as special drawing rights.

(2)

One of the objectives of Directive 2014/25/EU is to allow the contracting entities, which apply that Directive, to comply at the same time with the obligations laid down in the Agreement. In accordance with Article 17(1) of Directive 2014/25/EU, every two years the Commission is to verify that the thresholds for contracts and design contests set out in points (a) and (b) of Article 15 of that Directive correspond to the thresholds established in the Agreement. Given that the value of the thresholds calculated in accordance with Article 17(1) of Directive 2014/25/EU is different from the value of the thresholds set out in points (a) and (b) of Article 15 of that Directive, it is necessary to revise these thresholds.

(3)

Directive 2014/25/EU should therefore be amended accordingly,

(1)

in point (a), ‘EUR 443 000’ is replaced by ‘EUR 428 000’;

(2)

in point (b), ‘EUR 5 548 000’ is replaced by ‘EUR 5 350 000’.

(1)

By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) (‘the Agreement’) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it and expressed as special drawing rights.

(2)

One of the objectives of Directive 2014/25/EU of the European Parliament and of the Council (4) is to allow the contracting entities and the contracting authorities, which apply that Directive, to comply at the same time with the obligations laid down in the Agreement. In accordance with Article 17 of Directive 2014/25/EU every two years the Commission is to verify that the thresholds set out in points (a) and (b) of Article 15 of that Directive correspond to the thresholds established in the Agreement and is to, where necessary, revise them.

(3)

The thresholds laid down in Directive 2014/25/EU have been revised. In accordance with Article 68(1) of Directive 2009/81/EC, the thresholds laid down in that Directive are to be aligned to the revised thresholds laid down in Directive 2014/25/EU.

(4)

Directive 2009/81/EC should therefore be amended accordingly,

(1)

in point (a), ‘EUR 443 000’ is replaced by ‘EUR 428 000’;

(2)

in point (b), ‘EUR 5 548 000’ is replaced by ‘EUR 5 350 000’.

(1)

Principle 10 of the European Pillar of Social Rights (2), proclaimed at Gothenburg on 17 November 2017, states that every worker has the right to a healthy, safe and well-adapted work environment. The right to a high level of protection for health and safety at work, and to a working environment that is adapted to workers’ professional needs and enables them to participate in the labour market for an extended period also includes protection from exposure to chemical agents at work.

(2)

The Commission clearly emphasised the need to continue improving workers’ protection from exposure to dangerous chemicals at work in its communication ‘Safer and Healthier Work for All’. (3)

(3)

Pursuant to Directive 98/24/EC, the Commission is to propose European Union (EU) objectives in the form of indicative occupational exposure limit values (IOELVs) to be set at EU level, to protect workers from risks arising from exposure to hazardous chemicals.

(4)

Article 3(2) of Directive 98/24/EC empowers the Commission to establish or revise IOELVs, taking into account the availability of measurement techniques based on measures adopted in accordance with the procedure laid down in Article 17 of Council Directive 89/391/EEC (4).

(5)

Article 3(1) of Directive 98/24/EC states that the Commission shall evaluate, through an independent scientific assessment of the latest available scientific data, the relationship between the health effects of hazardous chemical agents and the level of occupational exposure.

(6)

The Commission is assisted in this task by the Scientific Committee on Occupational Exposure Limits for Chemical Agents (SCOEL), set up by Commission Decision 2014/113/EU. (5)

(7)

Under Directive 98/24/EC, ‘occupational exposure limit value’ means, unless otherwise specified, the limit of the time-weighted average of the concentration of a chemical agent in the air within a worker’s breathing zone, in relation to a specified reference period.

(8)

IOELVs are health-based occupational exposure limit values, derived from the most recent scientific data available and adopted by the Commission, taking into account the availability of measurement techniques. They are threshold levels of exposure below which, in general, no detrimental effects are expected for any given chemical agent after short-term or daily exposure over a working lifetime. They constitute EU objectives and are designed to help employers determine and assess risks and implement preventive and protective measures, in accordance with Directive 98/24/EC.

(9)

In accordance with SCOEL recommendations, IOELVs are established in relation to a reference period of eight hours time-weighted average (long-term exposure limit values) and, for certain chemical agents, to shorter reference periods, in general 15 minutes time-weighted average (short-term exposure limit values), to take account of the effects arising from short-term exposure.

(10)

For any chemical agent for which an IOELV has been set at EU level, Member States are required to establish a national occupational exposure limit value. In doing so, they are required to take into account the EU limit value, determining the nature of the national limit value in accordance with national legislation and practice.

(11)

IOELVs are an important part of the general arrangements for protecting workers against the health risks arising from exposure to hazardous chemicals.

(12)

In accordance with Article 3 of Directive 98/24/EC, SCOEL has assessed the relationship between the health effects of the chemical agents listed in the 10 entries in the Annex to this Directive and the level of occupational exposure. Similarly, for all these chemical agents it has recommended establishing IOELVs for the inhalation route of exposure in relation to a reference period of eight hours time-weighted average. It is therefore appropriate to lay down long-term exposure limit values for all these agents in the Annex to this Directive.

(13)

For some of these chemical agents, i.e. aniline, trimethylamine, 2-phenylpropane (cumene), sec-butyl acetate, 4-aminotoluene, isobutyl acetate, isoamyl alcohol, n-butyl acetate and phosphoryl trichloride, SCOEL also recommended establishing short-term exposure limit values.

(14)

For certain substances, it is necessary to take into account the possibility of penetration through the skin in order to ensure the best possible level of protection. Among the chemical agents listed in the entries in the Annex to this Directive, SCOEL identified the possibility of significant uptake through the skin for aniline, 2-phenylpropane (cumene) and 4-aminotoluene. It is therefore appropriate to include in the Annex to this Directive notations indicating the possibility of significant uptake through the skin for these chemical agents, in addition to the IOELVs.

(15)

One of the chemical agents, 2-phenylpropane (cumene), is currently listed in the Annex to Commission Directive 2000/39/EC (6). SCOEL has recommended establishing a new IOELV for this substance. It is therefore appropriate to include a revised limit value for 2-phenylpropane (cumene) in the Annex to this Directive and to delete the corresponding entry from the Annex to Directive 2000/39/EC.

(16)

In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (7), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

(17)

As regards this Directive, the Commission considers it justified to send such documents in the form of a table showing the correlation between the national measures and this Directive, given that for some agents national occupational exposure limit values already exist in national legislation, and given the variety and the technical nature of national legal instruments for establishing occupational exposure limit values.

(18)

The Advisory Committee on Safety and Health at Work was consulted in accordance with Article 3(2) of Directive 98/24/EC and gave its opinions on 6 December 2017 and 31 May 2018. The Committee acknowledged that there were currently challenges as regards the availability of measurement methodologies that could be used to demonstrate compliance with the proposed limit values for phosphoryl trichloride and isoamyl alcohol, and that efforts should be made to ensure that suitable techniques were available by the end of the transposition period.

(19)

The measures for which this Directive provides are in accordance with the opinion of the Technical Progress Committee established under Article 17 of Directive 89/391/EEC.

(1)

Principle 10 of the European Pillar of Social Rights (2), proclaimed at Gothenburg on 17 November 2017, provides that every worker has the right to a healthy, safe and well-adapted working environment. The workers’ right to a high level of protection of their health and safety at work and to a working environment that is adapted to their professional needs and that enables them to prolong their participation in the labour market includes the use of personal protective equipment at the workplace if risks cannot be avoided or sufficiently limited by other means, measures, methods or procedures of work organisation.

(2)

The implementation of the directives related to the health and safety of workers at work, including Directive 89/656/EEC, was the subject of an ex-post evaluation, referred to as a REFIT evaluation. The evaluation looked at the directives’ relevance, at research and at new scientific knowledge in the various fields concerned. The REFIT evaluation, referred to in the Commission Staff Working Document (3), concludes, among other things, that the use of personal protective equipment concerns approximately 40 % of the EU’s workforce, as risks at the workplace cannot be avoided by any other means, and that there is a need to address difficulties in implementing Directive 89/656/EEC.

(3)

In its Communication ‘Safer and Healthier Work for All – Modernisation of the EU Occupational Safety and Health Legislation and Policy’ (4), the Commission reiterated that while the REFIT evaluation of the Union’s acquis on occupational health and safety confirmed that the legislation in this field is generally effective and fit-for-purpose, there is scope for updating outdated rules and ensuring better and broader protection, compliance and enforcement on the ground. The Commission emphasises the particular need to consider the definition of personal protective equipment and its use by different services and sectors, as set out in Article 2 of Directive 89/656/EEC.

(4)

Directive 89/656/EEC lays down minimum requirements for the use of personal protective equipment used by workers at work, which is to be used when the risks concerned cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organisation. To facilitate the establishment of the general rules required pursuant to Article 6 of Directive 89/656/EEC, Annexes I, II and III to Directive 89/656/EEC provide non-binding guidelines intended to facilitate and support the selection of appropriate personal protective equipment for the risks, activities and sectors concerned.

(5)

Regulation (EU) 2016/425 of the European Parliament and of the Council (5) lays down the provisions regarding the design, manufacture and marketing of personal protective equipment. Regulation (EU) 2016/425 modified the risk categorisation of products, to enable employers to understand and thus to deploy personal protective equipment, as further explained in the Personal Protective Equipment Guidelines (6) that clarify procedures and matters referred to in Regulation (EU) 2016/425. It is considered appropriate to update Annexes I, II and III to Directive 89/656/EEC in order to ensure consistency with the risk classification laid down in Regulation (EU) 2016/425 and to align them with terminologies used and types of personal protective equipment referred to in Regulation (EU) 2016/425.

(6)

Article 4(1) of Directive 89/656/EEC foresees that employers must provide personal protective equipment that complies with the relevant Union provisions on design and manufacture with respect to safety and health. Pursuant to that Article, employers who provide that personal protective equipment to their workers must ensure that such personal protective equipment fulfils the requirements laid down in Regulation (EU) 2016/425.

(7)

Annex I to Directive 89/656/EEC sets out a specimen risk survey table for the use of personal protective equipment and sets out types of risks that could occur in workplaces in relation to different parts of the body to be protected by personal protective equipment. Annex I should be amended to take account of new types of risks that appear in workplaces and to ensure consistency with the risk classification and the terminology used, in particular in Regulation (EU) 2016/425.

(8)

Annex II to Directive 89/656/EEC, which sets out a non-exhaustive guide list of types of personal protective equipment, should be amended to take account of the new types of risks identified in Annex I to that directive. Annex II should also be amended to include examples of personal protective equipment currently available on the market in conformity with Regulation (EU) 2016/425 and the terminology used in that Regulation.

(9)

Annex III to Directive 89/656/EEC sets out a non-exhaustive guide list of activities and sectors of activity that could require the provision of personal protective equipment, bringing together the risk classifications set out in Annex I to that directive and the types of personal protective equipment described in Annex II to that directive. Annex III to Directive 89/656/EEC should be restructured to ensure consistency between the terminology and classifications used across the three annexes and with Regulation (EU) 2016/425. This will enable employers from different sectors and industries to better identify and provide personal protective equipment that corresponds to specific activities and the specific types of risks that workers are exposed to, as indicated by the risk assessment.

(10)

The Advisory Committee for Safety and Health at Work was consulted on the measures resulting from the adoption of the Commission’s Communication ‘Safer and Healthier Work for All – Modernisation of the EU Occupational Safety and Health Legislation and Policy’ that are required to keep the Union’s occupational health and safety legislation effective and fit-for-purpose.

(11)

In its ‘Opinion on the Modernisation of Six OSH Directives to Ensure Healthier and Safer Work for All’ (7), adopted on 6 December 2017, the Advisory Committee for Safety and Health at Work recommends that Directive 89/656/EEC should be amended to enhance its relevance and effectiveness.

(12)

In a subsequent ‘Opinion on technical updates to the annexes of the Personal Protective Equipment Directive (89/656/EEC)’ (8), adopted on 31 May 2018, the Advisory Committee for Safety and Health at Work recommends that specific updates to Annex I, II and III to Directive 89/656/EEC, taking into account the latest technological developments in the field and ensuring consistency with Regulation (EU) 2016/425, should be carried out.

(13)

In preparing the current update of Annexes I, II and III to Directive 89/656/EEC, the Commission was assisted by experts representing Member States, who provided technical and scientific support.

(14)

In accordance with the Joint Political Declaration on explanatory documents (9), adopted by the Member States and the Commission on 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

(15)

The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 17 of Council Directive 89/391/EEC (10),