No L 335/28 Official Journal of the European Communities 30. 12. 95 COUNCIL DIRECTIVE 95/63/EC of 5 December 1995 amending Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189¢ (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, as regards the health and safety of workers; Whereas, pursuant to the said Article, such Directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings; Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health in the use of work equipment is essential to ensure the safety and health of workers; Whereas, therefore, Member States must take measures to facilitate implementation of the provisions of this Directive by undertakings, in particular small and medium-sized undertakings; whereas such measures may include training and information activities adapted to the specific requirements of the various sectors of the economy; (Y O] No C 104, 12. 4. 1994, p. 4; and O] No C 246, 22. 9. 1995, p. 3. (2) O] No C 397, 31. 12. 1994, p. 13. (%) Opinion of the European Parliament of 17 February 1995 (O] No C 56, 6. 3. 1995, p. 175), Council common position of 24 July 1995 (O] No C 281, 25. 10. 1995, p. 41) and Decision of the European Parliament of 17 November 1995 (O] No C 323, 4. 12. 1995). Whereas provisions adopted pursuant to Article 118a of the Treaty do not prevent each Member State from establishing and maintaining more stringent protective measures, compatible with this Treaty, governing conditions of work; Whereas Article 9 (1) o Directive 89/655/EEC (%) provides for the addition to the Annex of the supplementary minimum requirements applicable to work equipment referred to in point 3 of the Annex, in accordance with the procedure provided for in Article 118a of the Treaty; Whereas this Directive must confine itself to defining the objectives to be achieved and the principles to be respected leaving Member States free to decide how national legislation will be complied with and improved upon; Whereas the Member States shall, after consultation with both sides of industry, and with due allowance for national legislation and/or practice, establish procedures whereby a level of safety may be attained corresponding to the objectives indicated by Annex II to this Directive; Whereas this Directive constitutes a practical element in realizing the social dimension of the internal market, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 89/655/EEC is hereby amended as follows: 1. Article 4 shall be amended as follows: (a) in paragraph 1 (a) (ii) and (b), ‘in the Annex’ shall be replaced by ‘in Annex I’; (b) the following point is inserted in paragraph 1: (*) O] No L 393, 30. 12. 1989, p. 13.