2 ND EUROPEAN BIOSAFETY SUMMIT DUBLIN IMPLEMENTATION AND ENFORCEMENT Richard Arthur Thompsons Solicitors 1 June 2011

IMPLEMENTATION Laws, regulations and administrative provisions, or necessary measures by the social partners, by 11 May 2013 (Art.3); Member states may entrust implementation to the social partners, at their joint request, as long as results imposed by Directive at all times guaranteed; Member States to communicate implementation measures to Commission; and Penalties to be “effective, proportionate and dissuasive”.

ENFORCEMENT Vertical direct effect-emanations of the State-”sufficiently clear and precise”, “unconditional” and “confers specific right”; Interpretation of national law consistently with the Directive; Contract of employment-duty to secure safe working environment; and Commission-infraction proceedings.

ENFORCEMENT Difficulties of causation and psychiatric damage (Sean Fryers v Royal Victoria Hospital, Belfast); “Never assume that there is no risk” (Clause 4.6); “Workers’ exposure must be eliminated” (Clause 6.1) “The penalties shall be effective, proportionate and dissuasive” (Art. 2); and Cost insufficient justification (Clement v Scottish Ambulance Service)

WORKERS’ REPRESENTATIVES “Employers and workers’ representatives shall work together at the appropriate level to eliminate and prevent risks, protect workers’ health and safety, and create a safe working environment, including consultation on the choice and use of safe equipment, identifying how best to carry out training, information and awareness- raising processes” (Clause 4.7)