Background information

On 3 June 2020, the European Commission adopted an update of the Biological Factors Directive (2000/54/EC) to include SARS-CoV-2 in the list of biological agents it covers (the Annex III to the directive was amended).

The Biological Agents Directive is the seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC. For the purpose of this Directive: 'biological agents' shall mean micro-organisms, including those which have been genetically modified, cell cultures and human endoparasites, which may be able to provoke any infection, allergy or toxicity. According to the Directive employers must keep abreast of new developments in technology with a view to improving the protection of workers' health and safety.

Content of measure

According to unanimously recommendation of experts from all Member States the coronavirus SARS-CoV-2 was classified in group 3 of biological agents. Such classification means an obligation for increased protection for workers in labs, industrial processes and isolation facilities in health care in any coronavirus threat situation. The following criteria were considered relevant in relation to SARS-CoV-2:

• it can cause severe human disease and present a serious hazard to workers;
• it may present a risk of spreading to the community;
• there is usually effective prophylaxis available.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 24 November 2020 at the latest.

Use of measure

All employees in the EU.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
EU (Council, EC, EP)	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: EU level

Involvement

Social partners were involved in the process of designing through the tripartite Advisory Committee on Health and Safety at Work.

Views and reactions

The reactions of the social partners were positive, although the trade unions (ETUC) did not agree with including SARS-CoV-2 only as a group 3 agent (in Annex III of the Directive). In their opinion the virus needs to be in group 4 as a high risk factor for workers' health.

Sources

• 03 June 2020: COMMISSION DIRECTIVE (EU) 2020/739 of 3 June 2020 amending Annex III to Directive 2000/54/EC of the European Parliament and of the Council as regards the inclusion of SARS-CoV-2 in the list of biological agents known to infect humans and amending Commission Directive (EU) 2019/1833 (eur-lex.europa.eu)