This document is an excerpt from the EUR-Lex website
Document 61990CJ0376
Abstrakt rozsudku
Abstrakt rozsudku
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1. EAEC ° Protection of health ° Establishment of uniform safety standards ° Stricter national rules ° Whether permissible
(EAEC Treaty, Art. 2(b))
2. EAEC ° Protection of health ° Basic rules laid down by Directive 80/836 ° Minimum standards not excluding stricter national rules
(Council Directive 80/836/Euratom, Art. 10(2))
1. The obligation imposed on the Community by Article 2(b) of the EAEC Treaty to lay down uniform safety standards to protect the health of the population and of workers does not mean that, once such standards have been defined, a Member State may not provide for more rigorous protection.
2. It is apparent from the background to Directive 80/836 laying down basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation that the dose limits laid down in Article 10(2) thereof for apprentices and students aged between 16 and 18 years represent only minimum protection. That interpretation is corroborated by the fact that Article 7(1) of the Directive, read in conjunction with Article 1(c) thereof, provides for higher levels of protection for workers of the same age. It follows that, in the absence of an express provision to the contrary, the Directive must be interpreted as allowing the Member States to set, for apprentices and students aged between 16 and 18 years, stricter dose limits than those which it prescribes and to ensure for such people the higher level of protection which the Directive guarantees for workers of the same age.