THE COUNCIL OF THE EUROPEAN COMMUNITIES

Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,

Having regard to the proposal from the Commission(1), drawn up after consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work,

In cooperation with the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas Article 18 of Directive 90/679/EEC(4) states that in accordance with the procedure laid down in Article 118a of the Treaty, the Council must adopt a first list of Group 2, Group 3 and Group 4 biological agents for Annex III to that Directive;

Whereas that first list of biological agents must be classified on the basis of the definitions given in Article 2 (d) (2), (3) and (4) (Groups 2, 3 and 4) of the said Directive;

Whereas the list does not contain genetically modified biological agents;

Whereas, for a number of biological agents details additional to their classification should be given;

Whereas it is appropriate to include in Directive 90/679/EEC a recommended code of practice, for the purpose of fumishing guidelines only, on vaccination of workers exposed to biological agents for which effective vaccines exist,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 90/679/EEC is hereby amended as follows:

1. the following subparagraph shall be inserted after the second subparagraph of Article 14 (3):

"When employers make vaccines available, they should take account of the recommended code of practice set out in Annex VII.";

2. Annex III shall be replaced by the text in Annex I to this Directive

3. Annex VII appearing in Annex II to this Directive shall be added.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 April 1994. They shall forthwith inform the Commission thereof.

However, in the case of the Portuguese Republic, the date referred to in the first subparagraph shall be 31 December 1995.

2. Member States shall communicate to the Commission the provisions of national law already adopted or which they adopt in the field governed by this Directive.

3. When Member States adopt such provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

Article 3

This Directive is addressed to the Member States.

Done at Luxembourg, 12 October 1993.

For the Council
The President
M. SMET

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(1) OJ No C 217, 24.8.1992, p. 32.
(2) OJ No C 72, 19.3.1993, p. 74 and OJ No C 255, 20.9.1993.
(3) OJ No C 19, 25.1.1993, p. 16.
(4) OJ No L 374, 31.12.1990, p. 1.