Commission Directive (EU) 2019/1833 of 24 October 2019 amending Annexes I, III, V and VI to Directive 2000/54/EC of the European Parliament and of the Council as regards purely technical adjustments

• Published date: 24 June 2020
• Subject Matter: Safety at work and elsewhere,Social provisions,public health,Social provisions,Safety at work and elsewhere,Public health
• Official Gazette Publication: Official Journal of the European Union, L 279, 31 October 2019

02019L1833 — EN — 24.06.2020 — 001.001

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►B COMMISSION DIRECTIVE (EU) 2019/1833 of 24 October 2019 amending Annexes I, III, V and VI to Directive 2000/54/EC of the European Parliament and of the Council as regards purely technical adjustments (OJ L 279 31.10.2019, p. 54)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION DIRECTIVE (EU) 2020/739 of 3 June 2020	L 175	11	4.6.2020

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▼B

COMMISSION DIRECTIVE (EU) 2019/1833

of 24 October 2019

amending Annexes I, III, V and VI to Directive 2000/54/EC of the European Parliament and of the Council as regards purely technical adjustments

Article 1

Annexes I, III, V and VI to Directive 2000/54/EC are replaced by the text in the Annex to this Directive.

Article 2

▼M1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 November 2021 at the latest. However, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the amendments to Annexes V and VI to Directive 2000/54/EC, insofar as they relate to the biological agent SARS-CoV-2, by 24 November 2020 at the latest.

They shall forthwith communicate to the Commission the text of the provisions referred to in the first subparagraph.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

▼B

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

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ANNEX

(1) Annex I to Directive 2000/54/EC is replaced by the following:

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‘ANNEX I

INDICATIVE LIST OF ACTIVITIES

(Article 4(2))

Preliminary note

Where the result of the risk assessment, carried out in accordance with Article 3 and Article 4(2) of this Directive, shows an unintentional exposure to biological agents, there may be other work activities, not included in this Annex, which should be considered.

1.

Work in food production plants.

2.

Work in agriculture.

3.

Work activities where there is contact with animals and/or products of animal origin.

4.

Work in healthcare, including isolation and post-mortem units.

5.

Work in clinical, veterinary and diagnostic laboratories, excluding diagnostic microbiological laboratories.

6.

Work in refuse disposal plants.

7.

Work in sewage purification installations.’

(2) Annex III to Directive 2000/54/EC is replaced by the following:

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‘ANNEX III

COMMUNITY CLASSIFICATION

Article 2, second paragraph, and Article 18

INTRODUCTORY NOTES

1. In line with the scope of the Directive, only agents which are known to infect humans are to be included in the classified list.

Where appropriate, indicators are given of the toxic and allergic potential of these agents.

Animal and plant pathogens which are known not to affect man are excluded.

In drawing up this list of classified biological agents consideration has not been given to genetically modified micro-organisms.

2. The list of classified agents is based on the effect of those agents on healthy workers.

No specific account is taken of particular effects on those whose susceptibility may be affected for one or other reason such as pre-existing disease, medication, compromised immunity, pregnancy or breast feeding.

Additional risk to such workers should be considered as part of the risk assessment required by the Directive.

In certain industrial processes, certain laboratory work or certain work with animals involving actual or potential exposure to biological agents of groups 3 or 4, any technical precautions taken must comply with Article 16 of the Directive.

3. Biological agents which have not been classified for inclusion in groups 2 to 4 of the list are not implicitly classified in group 1.

For genera where more than one species is known to be pathogenic to man, the list will include those species which are known to be the most frequently responsible for diseases, together with a more general reference to the fact that other species of the same genus may affect health.

When a whole genus is mentioned in the classified list of biological agents, it is implicit that the species and strains known to be non-pathogenic are excluded.

4. Where a strain is attenuated or has lost known virulence genes, then the containment required by the classification of its parent strain need not necessarily apply, subject to assessment appropriate for risk in the workplace.

This is the case, for example, when such a strain is to be used as a product or part of a product for prophylactic or therapeutic purposes.

5. The nomenclature of classified agents used to establish this list reflects and is in conformity with the latest international agreements of the taxonomy and nomenclature of agents at the time the list was prepared.

6. The list of classified biological agents reflects the state of knowledge at the time that it was devised.

It will be updated as soon as it no longer reflects the latest state of knowledge.

7. Member States are to ensure that all viruses which have already been isolated in humans and which have not been assessed and allocated in this Annex are classified in group 2 as a minimum, except where Member States have proof that they are unlikely to cause disease in humans.

8. Certain biological agents classified in group 3 which are indicated in the appended list by two asterisks (**), may present a limited risk of infection for workers because they are not normally infectious by the airborne route.

Member States shall assess the containment measures to be applied to such agents, taking account of the nature of specific activities in question and of the quantity of the agent involved, with a view to determining whether, in particular circumstances, some of these measures may be dispensed with.

9. The requirements as to containment consequent on the classification of parasites apply only to stages in the life cycle of the parasite in which it is liable to be infectious to humans at the workplace.

10. This list also gives a separate indication in cases where the biological agents are likely to cause allergic or toxic reactions, where an effective vaccine is available, or where it is advisable to keep a list of exposed workers for more than 10 years.

These indications are shown by the following letters:

A:

Possible allergic effects

D:

List of workers exposed to this biological agent to be kept for more than 10 years after the end of last known exposure

T:

Toxin production

V:

Effective vaccine available and registered within the EU

The application of preventive vaccination should take account of the code of practice given in Annex VII.

BACTERIA

and similar organisms

NB: For biological agents appearing on this list, the entry of the whole genus with the addition of “spp.” refers to other species belonging to this genus that have not specifically been included in the list, but which are known pathogens in humans. See introductory note 3 for further details.

Biological agent	Classification	Notes
Actinomadura madurae	W
Actinomadura pelletieri	2
Actinomyces gerencseriae	2
Actinomyces israelii	2
Actinomyces spp.	2
Aggregatibacter actinomycetemcomitans (Actinobacillus actinomycetemcomitans)	2
Anaplasma spp.	2
Arcanobacterium haemolyticum (Corynebacterium haenolyticum)	2
Arcobacter butzleri	2
Bacillus anthracis	3	T
Bacteroides fragilis	2
Bacteroides spp.	2
Bartonella bacilliformis	2
Bartonella quintana (Rochalimaea quintana)	2
Bartonella (Rochalimaea) spp.	2
Bordetella bronchiseptica	2
Bordetella parapertussis	2
Bordetella pertussis	2	T, V
Bordetella spp.	2
Borrelia burgdorferi	2
Borrelia duttonii	2
Borrelia recurrentis	2
Borrelia spp.	2
Brachyspira spp.	2
Brucella abortus	3
Brucella canis	3
Brucella inopinata	3
Brucella melitensis	3
Brucella suis	3
Burkholderia cepacia	2
Burkholderia mallei (Pseudomonas mallei)	3
Burkholderia pseudomallei (Pseudomonas pseudomallei)	3	D
Campylobacter fetus subsp. fetus	2
Campylobacter fetus subsp. venerealis	2
Campylobacter jejuni subsp. doylei	2
Campylobacter jejuni subsp. jejuni	2
Campylobacter spp.	2
Cardiobacterium hominis	2
Cardiobacterium valvarum	2
Chlamydia abortus (Chlamydophila abortus)	2
Chlamydia caviae (Chlamydophila caviae)	2
Chlamydia felis (Chlamydophila felis)	2
Chlamydia pneumoniae (Chlamydophila pneumoniae)	2
Chlamydia psittaci (Chlamydophila psittaci) (avian

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