EU and England health & safety law and policy calendar. October 2005
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1 EU and England health & safety law and policy calendar October 2005
2 Expected in 2005 (Month not known) Commission Directive 30 th Adaptation to Technical Progress of Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous to be adopted fourth quarter 2005 Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (optical radiation) final adoption expected fourth quarter 2005 Draft Directive establishing a second indicative list of occupational exposure limits to be adopted fourth quarter 2005 Expected proposal for a Directive establishing a third indicative list of occupational exposure limits to be adopted fourth quarter 2005 Hazardous Optical radiation Hazardous Hazardous
3 October st Biocidal Products (Amendment) Regulations due to commence Chemicals 1 st Tank Vehicle (Loading & Unloading of Petroleum Spirit) Regulations - due to commence Transport 1 st Genetically Modified Organisms (Contained Use) (Amendment) Regulations partly coming into force 7 th Informal consultation on the management of railway contractors Developing an intervention strategy - closing date for responses GMOs Railways 8 th Detergents Regulations 2005 coming into force Chemicals 17 th The Railways (Accident Investigation and Reporting) Regulations 2005 come into force Railways 31 st Consultation on proposed amendments to nuclear reactors (environmental impact for decommissioning) regulations closing date for responses 31 st The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 No 2571 coming into force Chemicals
4 November th Proposal for a Regulation concerning the Registration, Evaluation, Authorisation and 18 th Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) (on Persistent Organic Pollutants) - Parliament vote on first reading expected 25 th Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations expected to be published 25 th Consultation on NII Safety Assessment Principles(SAPs) Revision Project (Rev 2) closing date for responses Chemicals safety
5 December th Directive amending Directive 95/16/EC on lifts and repealing Directive 98/37/EC on machinery safety Parliament vote on second reading Machinery 31 st Biocidal Products (Amendment No 2) Regulations expected commencement Chemicals 31 st Directive 2003/122/Euratom on Control of high activity sealed radioactive sources Deadline for transposition
6 Major dates after Genetically Modified Organisms (Contained Use) (Amendment) Regulations fully coming into force on 1 st January Directive or amending Directive on the protection of workers using tractors to be proposed first quarter The Railways (Accident Investigation and Reporting) Regulations 2005 apply to Channel Tunnel from 31 st January GMOs Machinery Accidents 2006 The Control of Noise at Work Regulations SI 2005 No 1643 come into force 6th April Noise 2006 Management of Health and Safety at Work and Health and Safety (Consultation with Employees) (Amendment) Regulations - expected to commence 6th April General 2006 Health & Safety (Fees) Regulations - expected to commence 6th April General 2006 Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations expected to commence 6th April 2006 Coal Mines (Inhalable Dust) Regulations first stage expected to commence 6th April; main body of provisions expected to commence 1 st October 2006 Respiratory diseases
7 Major dates after Railways and Other Guided Transport Systems (Safety) Regulations expected to commence 6th April 2006 Proposed second amendment to Directive 83/477/EC on asbestos worker protection - expected to commence 6th April Transport Asbestos 2006 Offshore Installations (Safety Case) Regulations -expected to commence 6th April Offshore 2006 Expected proposal for an amending Directive on display screens first quarter 2006 Display Screens 2006 Proposal for a Regulation on the harmonisation of legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 final adoption expected first quarter Directive on pipeline safety to deal with the transport of dangerous through pipelines which are exempt from Seveso II Directive 96/82/EC - expected to be proposed 2006 Directive to amend Directive 76/769/EEC on the marketing and use of dangerous and preparation final adoption expected Directive concerning certain aspects of the organisation of working time amending Directive 2003/88/EC final adoption expected 2006 Transport Hazardous Hazardous Working time
8 Major dates after Directive on working conditions for temporary work final adoption expected first half 2006 Temporary workers 2006 Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (optical radiation) final adoption expected first quarter Directive 2003/10/EC on health and safety requirements regarding exposure of workers to noise final date for implementation (subject to exceptions for personnel on board seagoing vessels, and the music and entertainment sectors 15 February Proposed amendment to Directive 2004/37/EC on occupational exposure to carcinogens and mutagens (codified version) to be proposed second quarter EU Directive 2002/95/EC RoHS (Restrictions of Hazardous Substances) to be implemented 1 st July Directive 2003/18/EC amending Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work deadline for implementation 15 April Directive amending Directive 95/16/EC on lifts and repealing Directive 98/37/EC on machinery safety final adoption expected first half Directive amending Directive 73/23/EEC on the harmonisation of laws of Member States relating to electric equipment designed for use within certain voltage limits expected to be proposed third quarter 2006 Optical radiation Noise Chemicals safety Hazardous Asbestos Machinery Electrical safety
9 Major dates after Regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH) and establishing a European Chemicals Agency and amending Directive 1999/45/EC final adoption expected in Regulation on anti-fouling paints used on ships, prohibition on organotin compounds date of implementation 1 st January Directive 2004/40/EC on health and safety requirements regarding the exposure of workers to electromagnetic fields - deadline for transposition 30 April Directive 2003/10/EC on health and safety requirements regarding exposure of workers to noise final date for implementation with regard to music and entertainment sectors 15 February Directive 2003/122 on Control of high activity sealed radioactive sources Member states must report on implementation of the Directive by 31 st December Directive 2003/10/EC on health and safety requirements regarding exposure of workers to noise final date for implementation with regard to personnel on board seagoing vessels 15 February 2011 Chemicals safety Chemicals safety EMF Noise Noise
10 EU legislative process in brief A proposal for a Directive or Regulation is presented by the European Commission and is reviewed, usually on two occasions, by the European Parliament and the Council. If the European Parliament and Council agree after the first reading (rare), the proposal will be adopted. If no agreement is reached after the second reading, the proposal goes through a conciliation process before being adopted. The Directive or Regulation comes into force after publication in the Official Journal ( OJ ) of the EU. References in the Calendar to 1 st or 2 nd readings are references to the European Parliament s plenary vote during 1 st or 2 nd reading. Directives must be implemented through national legislation in individual Member States, with the deadline usually laid down in the Directive. Regulations come into force in all EU Member States upon publication. Decisions are directly binding on those to whom they are addressed. Communications are prepared by the Commission and may be followed by proposals for legislation. Further information For further information on our health and safety services please contact Mark Tyler on: +44 (0) or mark.tyler@cmscmck.com. CMS Cameron McKenna LLP 2005 Disclaimer this calendar is provided by way of general guidance only and does not constitute legal or professional advice. While we aim for it to be as up-todate as possible, some recent developments may miss our publication deadline and some dates may change at short notice. The calendar is not intended to cover every policy or legislative initiative, but only major health and safety issues. The classifications given are intended for ease of reference only. ( )
11 CMS Cameron McKenna s free on-line information service To register for Law-Now on-line go to our home page CMS Cameron McKenna LLP Mitre House 160 Aldersgate Street London EC1A 4DD T +44 (0) F +44 (0) CMS Cameron McKenna LLP is a limited liability partnership registered in England and Wales. It is able to provide international legal services to clients utilising, where appropriate, the services of its associated international offices and/or member firms of the CMS alliance. The associated international offices of CMS Cameron McKenna LLP are separate and distinct from it. CMS Cameron McKenna LLP and its associated offices are members of CMS, the alliance of independent European law firms. Alliance firms are legal entities which are separate and distinct from CMS Cameron McKenna LLP and its associated international offices. CMS offices and associated offices worldwide: Berlin, Brussels, London, Madrid, Paris, Rome, Utrecht, Vienna, Zürich, Aberdeen, Amsterdam, Arnhem, Beijing, Belgrade, Bratislava, Bristol, Bucharest, Budapest, Buenos Aires, Casablanca, Chemnitz, Dresden, Düsseldorf, Edinburgh, Frankfurt, Hamburg, Hilversum, Hong Kong, Leipzig, Lyon, Marbella, Milan, Montevideo, Moscow, Munich, New York, Prague, Sao Paolo, Seville, Shanghai, Sofia, Strasbourg, Stuttgart, Warsaw and Zagreb. CMS Cameron McKenna LLP 2005
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