No L 356/74 Official Journal of the European Communities 24. 12. 88 COUNCIL DIRECTIVE of 16 December 1988 amending Directive 80/1107/EEC on the protection of workers frdm the risks related to exposure to chemical, physical and biological agents at work (88/642/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the European Economic Community, and in particular Article 118a thereof, Having regard to the proposal from the Commission ('), In cooperation with the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas, for improved protection of workers with respect to chemical, physical and biological agents at work, it is necessary to strengthen the provisions contained in Council Directive 80/1107/EEC (%), as last amended by the Act of Accession of Spain and Portugal; Whereas the Council resolution of 27 February 1984 on a second programme of action of the European Communities on safety and health at work (*) provides for the harmonization of provisions and measures regarding the protection of workers with respect to certain chemical, physical and biological agents ; whereas, in the interests of balanced development, it is therefore necessary to harmonize and improve those measures, while adapting them to take account of technical progress ; whereas this harmonization and improvement should be based on common principles ; Whereas the Council resolution of 21 December 1987 on safety, hygiene and health at work () stresses the importance of improving the safety and health of workers at the place of work; Whereas, in accordance with Decision 74/325/EEC (), as amended by the Act of Accession of Spain and Portugal, the Advisory Committee on Safety, Hygiene and Health at Work is to be consulted by the Commission with a view to drawing up proposals in this field; Whereas, for certain agents, the Council will lay down, in individual Directives, the limit values of a binding nature for occupational exposure and, where appropriate, other specific requirements ; () O] No C 164, 2. 7. 1986, p. 4. () OJ No C 167, 27. 6. 1988, p. 84 and O] No C 290, 14. 11. 1988. ) OJ No C 319, 30. 11. 1987, p. 41. () OJ No L 327, 3. 12. 1980, p. 8. %) O] No C 67, 8. 3. 1984, p. 2. (9 OJ No C 28, 3. 2. 1988, p. 1. () O) No L 185, 9. 7. 1974, p. 15. Whereas provision should be made at Community level for drawing up for the other agents indicative limit values which the Member States would, inter alia, take into account when establishing national limit values; Whereas representatives of employers and workers have a role to play in the protection of workers ; Whereas the provisions of this Directive are minimum requirements and in no way prevent Member States from maintaining or taking other measures so as to protect workers furhter. HAS ADOPTED THIS DIRECTIVE : Article 1 Directive 80/1107/EEC is hereby amended as follows : 1. The following subparagraph is added to Article 3 (1): “The Council, in accordance with the procedure laid down in Article 118a of the Treaty, may amend Annex I with a view, inter alig, to inserting in it agents in respect of which a binding limit value or binding limit values and/or' other specific requirements appear necessary. 2. Article 4 is amended as follows : (a) point: 4 is replaced by the following : ‘4. (a) in the case of any activity likely to involve a risk of exposure of workers, determination of the nature and degree of the workers’ exposure so that any risk to their safety or health can be assessed and the measures to be taken can be defined; (b) establishment of limit values and of sampling procedures, measuring procedures and procedures for evaluating results ; in the case of chemical agents, the establishment of sampling procedures, measuring procedures and. procedures for evaluating results, in accordance with the reference method described in Annex Ila or a method yielding equivalent results ; (c) when a limit value is exceeded, identifi- cation without delay of the reasons for the limit being exceeded and implementation as soon as possible of appropriate measures to remedy the situation.’;