28.11.92 Official Journal of the European Communities No L 348/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE 92/85/EEC. of 19 October 1992 on the introdiction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) 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, drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at work (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Commuittee (3), Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to protect the safety and health of workers; Whereas this Directive does not justify any reduction in levels of protection already achieved in individual Member States, the Member States being committed, under the Treaty, to encouraging improvements in conditions in this area and to harmonizing  conditions  while  maintaining  the improvements made; Whereas, under the terms of Article 118a of the Treaty, the said directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings; ) {1) OJ No C 281, 9. 11, 190, p. 3; and’ O] No C25,1.2.1991,p.9. - (2) O] No C 19, 28. 1. 1991, p. 177; and O] No C 150, 15. 6. 1992, p. 99. (3).0] No C 41, 18. 2. 1991, p. 29. Whereas, pursuant to Decision 74/325/EEC (%), as last amended by the 1985 Act of Accession, the Advisory Comnmittee on Safety, Hygiene and Health protection at Work is consulted by the Commission on the drafting of proposals in this field; Whereas the Community Charter of the fundamental social rights of workers, adopted at the Strasbourg European Council on 9 December 1989 by the Heads of State or Government of 11 Member States, lays down, in paragraph 19 in particular, that: ‘Every worker must enjoy satisfactory health and safety conditions in his working environment. Appropriate measures must be taken in order to achieve further harmonization of conditions in this area while maintaining the improvements made’; Whereas the Commission, in its a¢tion programme for the implementation of the Community Charter of the fundamental social rights of workers, has included among its aims the adoption by the Council of a Directive on the protection of pregnant women at work; Whereas Article 15 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of meéasures to encourage improvements in the safety and health of workers at work (%) provides that particularly sensitive risk groups must be protected against the dangers which specifically affect them; Whereas pregnant workers, workers who have recently given birth or who are breastfeeding must be considered a specific (*) OJNo L 185, 9.7 .1974, p. 15. () OJ No L. 183, 29. 6. 1989, p. 1.