Directive No 2020/739 of 3 June 2020 amending Annex III to Directive 2000/54/EC as regards the inclusion of SARS-CoV-2 in the list of biological agents known to infect humans and amending Commission Directive (EU) 2019/1

The revision of the biological agents directive to include Covid-19 within this directive is proving a highly controversial issue. The disagreement lies in deciding whether it should be included in group 3: agents that can cause severe human disease; present a serious hazard to workers; present a risk of spreading to the community; and for which there is usually effective prophylaxis or treatment available. Or in group 4: agents that cause severe human disease; present a serious hazard to workers; may present a high risk of spreading to the community; and for which there is usually no effective prophylaxis or treatment available. The Commission opted for group 3 and referred the matter to a tripartite consultative committee: the representatives of governments and of employers approved this decision, whereas the workers’ group declared, almost unanimously, that it is in favour of group 4. Member States subsequently voted on the revised text on 14 May, and the revision will now be published in the OJEU. The European Parliament will then have thirty days in which to approve or reject this text. The European Trade Union Confederation (ETUC) wants to use this time to convince MEPS to reject it. Why? “In practice”, explains Laurent Vogel, a researcher at the European Trade Union Institute, “classifying Covid-19 in group 4 would provide enhanced protection only for certain specific jobs in biological analysis laboratories. However, this has no concrete impact whatsoever on virtually all employees.” So why is ETUC reacting in this way? In fact, the trade-union world fears that classifying Covid-19 in group 3 would result in a relaxation of the efforts being made by employers. “The Commission is sending out an inappropriate political message by playing down the dangers posed by Covid-19, at a time when employees are being asked to go back to work”, emphasises Laurent Vogel (see also ETUC press release).