Directive 2019/1834 - Amendment of Annexes II and IV to Council Directive 92/29/EEC as regards purely technical adaptations - Main contents

EN

Official Journal of the European Union

L 279/80

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 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 improved medical treatment on board vessels.

The implementation of the directives related to the health and safety of workers at work, including Directive 92/29/EEC, was the subject of an ex post evaluation, referred to as 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 list of mandatory medical supplies in Annex II of Directive 92/29/EEC needs to be updated and that coherence with international instruments should be enhanced.

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 safety and health confirmed that the legislation in this field is generally effective and fit-for-purpose, there is scope for updating outdated rules and ensuring better and broader protection, compliance and enforcement on the ground.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 update the list of mandatory medical supplies in Annex II to Directive 92/29/EEC.

Directive 92/29/EEC lays down minimum safety and health requirements for improved medical treatment for persons carrying out an occupation on board a vessel. It lists the medical supplies required on board and addresses how responsibilities are assigned, information and training, and inspection.

Annex II to Directive 92/29/EEC contains a non-exhaustive list of medical supplies required on board, including medicines, medical equipment and antidotes. The requirements as regards the medical supplies vary according to the category of vessel as defined in Annex I of that Directive.

It is appropriate to amend Annex II to Directive 92/29/EEC in the light of the scientific and medical developments that have taken place since its adoption, particularly as regards the new medicines and medical equipment that have become available, and medicines or medical equipment which are not required to be carried on board any more. Moreover, in several instances, medical practice has shown that the wording of existing entries in Annex II to Directive 92/29/EEC needs to be updated or adapted to reflect current practices more closely.

Vessels staying very close to shore or with no cabin accommodation belonging to category C should be given particular consideration as these vessels tend to be smaller and may lack the space for full medical supplies. Annex II to Directive 92/29/EEC should therefore allow Member States to consider, under exceptional circumstances, the use of alternatives (medicines or medical equipment) for objectively justified...