L 114/38 Official Journal of the European Union 27.4.2006 DIRECTIVE 2006/25/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof, Having regard to the proposal from the Commission (%), presented after consultation with the Advisory Committee on Safety and Health at Work, Having regard to the opinion of the European Economic and Social Committee (2), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), in the light of the joint text approved by the Conciliation Committee on 31 January 2006, Whereas: (1) Under the Treaty the Council may, by means of directives, adopt minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers. Such 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 enterprises (SMEs). () 0JC7718.3.1993, p. 12 and O] C 230, 19.8.1994, p. 3. () 0] C 249, 13.9.1993, p. 28. () Opinion of the European Parliament of 20 April 1994 (O] C 128, 9.5.1994, p. 146) confirmed on 16 September 1999 (O] C 54, 25.2.2000, p. 75), Council Common Position of 18 April 2005 (O] C 172 E , 12.7.2005, p. 26) and Position of the European Parliament of 16 November 2005 (not yet published in the Official Journal), European Parliament Legislative Resolution of 14 February 2006 (not yet published in the Official Journal) and Decision of the Council of 23 February 2006. The communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers provides for the introduction of minimum health and safety requirements regarding the exposure of workers to the risks caused by physical agents. In September 1990 the European Parliament adopted a Resolution concerning this action pro- gramme (¥, inviting the Commission in particular to draw up a specific directive on the risks caused by noise, vibration and any other physical agents at the workplace. As a first step, the European Parliament and the Council adopted Directive 2002/44/EC of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (). Next, on 6 February 2003 the European Parliament and the Council adopted Directive 2003/10/[EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (€). Thereafter, on 29 April 2004, the European Parliament and the Council adopted Directive 2004/40/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/ EEC) (). It is now considered necessary to introduce measures protecting workers from the risks associated with optical radiation, owing to its effects on the health and safety of workers, in particular damage to the eyes and to the skin. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers, in order to avoid possible distor- tions of competition. One of the aims of this Directive is the timely detection of adverse health effects resulting from exposure to optical radiation. O] C 260, 15.10.1990, p. 167. OJ L 177, 6.7.2002, p. 13. OJ L 42, 15.2.2003, p. 38. OJ L 159, 30.4. 2004, p. 1. Directive as corrected in O] L 184, 24.5.2004, p. 1.