The Commission presented a working document accompanying the Commission communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the modernisation of the EU occupational safety and health legislation and policy.

The detailed ex-post evaluation of the EU acquis, checking their relevance as well as efficiency, effectiveness, coherence and EU added value, carried out by the Commission confirms that the framework meets its ambition to adequately protect workers.

Main conclusions : the evaluation concluded that the overall structure of the EU occupational safety and health acquis, consisting of a goal-oriented Framework Directive complemented by specific Directives, is generally effective and fit-for-purpose.

However, it pointed to specific provisions of individual Directives that have become outdated or obsolete , and highlighted the need to find effective ways to address new risks .

The way in which Member States have transposed the EU occupational safety and health Directives varies considerably across Member States. Compliance costs therefore vary and cannot be easily dissociated from more detailed national requirements.

As regards SMEs : the evaluation clearly concluded that compliance with the occupational safety and health Directives is more challenging for SMEs than large establishments, while at the same time the major and fatal injury rates are higher for SMEs . Specific support measures are therefore necessary to reach SMEs and help them increase their compliance in an efficient and effective way.

Next steps : the evaluation considered that occupational safety and health measures should reach the widest number of people at work, no matter the type of working relationship they are in, and no matter the size of company they work for . Compliance with occupational safety and health rules should be manageable for businesses of all sizes and effectively monitored on the ground.

Measures must be result-oriented, instead of paper-driven, and maximum use should be made of new digital tools to facilitate implementation.

Characteristics of the evaluation : this exercise also forms part of the Commission's Regulatory Fitness (REFIT) Programme with a special focus on SMEs. In this respect, the evaluation concentrated both on Framework Directive 89/391/EEC and on the other 23 directives related to it.

The evaluation also concerned Directive 2004/40/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)) as amended by Directive 2008/46/EC .

Given that Directive 2004/40/EC has been repealed and replaced by the Directive 2013/35/EU (with a transposition deadline of 1 July 2016), its evaluation has been postponed .

EUR-Lex
SWD(2017)0010

PURPOSE: to postpone by four years the deadline for the transposition of Directive 2004/40/EC on the exposure of workers to electromagnetic fields in the Member States to take into account new scientific evidence.

LEGISLATIVE ACT: Directive 2008/46/EC of the European Parliament and of the Council Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).

BACKGROUND: Directive 2004/40/EC of the European Parliament and of the Council on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (or ‘ electromagnetic fields ’ Directive) was adopted on 29 April 2004 and was to be transposed in the Member States no later than 30 April 2008. This Directive provides for action values and limit values based on the recommendations of the International Commission for Non-Ionizing Radiation Protection (ICNIRP). New scientific studies on the impact on health of exposure to electromagnetic radiation, made public after the Directive was adopted, have been brought to the attention of the European Parliament, the Council and the Commission. The results of those scientific studies are currently being examined by the ICNIRP and by the World Health Organisation. Those new recommendations, due to be published by the end of 2008, are likely to contain elements that could lead to substantial amendments to the action and limit values of Directive 2004/40/EC.

Moreover, the Commission launched a study to assess directly and quantitatively the situation regarding medical imaging (sector directly concerned by Directive 2004/40/EC). In this context, the results of that study should be taken on board, in addition to the results of similar studies concerning European standards (as defined by the European Committee for Electrotechnical Standardization (Cenelec)) in order to ensure smooth application of the Directive by taking account of latest scientific evidence.

Given that the majority of these studies and new standards should be published during the course of 2008, a period of four years will be necessary to obtain and analyse this new information and to take it into account with a view to a new proposal for a Directive. That is why it is necessary to postpone by four years the deadline for the transposition of the initial Directive.

CONTENT: in view of the above, the aim of this amending Directive is to provide for a new date of transposition of Directive 2004/40/EC. The original date of 30 April 2008 is therefore deleted and replaced by 30 April 2012 .

ENTRY INTO FORCE: the Directive enters into force on 26 April 2008.

Directive 2008/46
OJ L 114 26.04.2008, p. 0088

03611/2008/LEX

CES0502/2008

Results of vote in Parliament

The European Parliament adopted a legislative resolution based on the report drafted by Jan ANDERSSON (PES, SE) approving the proposal for a directive of the European Parliament and of the Council amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields).

T6-0038/2008

A6-0012/2008

A6-0012/2008

The Committee on Employment and Social Affairs adopted the report by Mr. Jan ANDERSSON (PES, SE) approving unamended (simplified procedure), the proposal for a directive of the European Parliament and of the Council amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields).

It is worth noting that, although the rapporteur fully supports the objectives of the Commission which aims to postpone the deadline for the transposition of the directive into national law, given the concerns expressed by some sectors of activity, he, nevertheless, showed his intention to introduce, in the first instance, an amendment inviting the Commission to present an interim report to the European Parliament on the state of play of the research being carried out in this area. However, he finally decided not to do so because he considers it preferable to give sufficient time to the Commission to carry out the necessary research and analyse the data gathered. The rapporteur considers, however, that the Commission must be held accountable to the European Parliament, and reserves the right to call upon the Commission, at any time, to explain the state of play with regard to the studies carried out and the first findings deriving thereto.

Lastly, the rapporteur underlines the importance of the timely transposition of the directive on the protection of workers against the effects of exposure to electromagnetic fields.

PE398.470

PURPOSE : to postpone until 30 April 2012 the deadline for the transposition of Directive 2004/40/EC.

PROPOSED ACT : Directive of the European Parliament and of the Council

CONTENT : Directive 2004/40/EC has to be transposed into national legislation no later than 30 April 2008 . This proposal aims to amend Article 13(1) of Directive 2004/40/EC in order to postpone the date of transposition until 30 April 2012.

In 2006, the medical community informed the Commission of its concerns regarding the implementation of this Directive, claiming that the exposure limit values laid down in the Directive would limit to a disproportionate extent the use and development of magnetic resonance imaging (MRI), considered today to be a vital tool for the diagnosis and treatment of several diseases. Other industrial sectors also subsequently expressed their concerns about the impact of the Directive on their activities.

The Commission discusses two recent studies that confirm the possibility that the limit values established in the Directive may interfere with medical procedures using MRI. Moreover, the International Commission for Non-ionising Radiation Protection (ICNIRP) is currently reviewing the guidelines on static magnetic fields and low-frequency time-varying fields on which the Directive is based. In both cases, new recommendations will probably provide for less strict limit values for low-frequency fields than those laid down in the Directive. These changes are likely to be backed up by the new scientific studies conducted since the adoption of the Directive. The new recommendations of the ICNIRP are expected in November 2007 and autumn 2008 respectively. The World Health Organisation (WHO) is also currently revising its environmental health criteria for electromagnetic fields in order to reflect the latest scientific studies available.

In view of these, the current deadline of 30 April 2008 should be postponed for four years:

-to allow a full analysis of the studies, including that launched by the Commission, regarding the potential negative impact of the exposure limit values set by the

Directive on the medical use of MRI;

-pending the results of the review of the ICNIRP recommendations, to take into account the WHO's environmental health criteria for electromagnetic fields based on the latest scientific studies concerning the impact of electromagnetic fields on human health published since the adoption of the directive; and

-to conduct an in-depth impact analysis of the Directive's provisions and propose amendments to it in order to guarantee both a high level of health and safety protection for workers and the continuation and development of medical and industrial activities using electromagnetic fields.

COM(2007)0669
EUR-Lex

PURPOSE : to postpone until 30 April 2012 the deadline for the transposition of Directive 2004/40/EC.

PROPOSED ACT : Directive of the European Parliament and of the Council

CONTENT : Directive 2004/40/EC has to be transposed into national legislation no later than 30 April 2008 . This proposal aims to amend Article 13(1) of Directive 2004/40/EC in order to postpone the date of transposition until 30 April 2012.

In 2006, the medical community informed the Commission of its concerns regarding the implementation of this Directive, claiming that the exposure limit values laid down in the Directive would limit to a disproportionate extent the use and development of magnetic resonance imaging (MRI), considered today to be a vital tool for the diagnosis and treatment of several diseases. Other industrial sectors also subsequently expressed their concerns about the impact of the Directive on their activities.

The Commission discusses two recent studies that confirm the possibility that the limit values established in the Directive may interfere with medical procedures using MRI. Moreover, the International Commission for Non-ionising Radiation Protection (ICNIRP) is currently reviewing the guidelines on static magnetic fields and low-frequency time-varying fields on which the Directive is based. In both cases, new recommendations will probably provide for less strict limit values for low-frequency fields than those laid down in the Directive. These changes are likely to be backed up by the new scientific studies conducted since the adoption of the Directive. The new recommendations of the ICNIRP are expected in November 2007 and autumn 2008 respectively. The World Health Organisation (WHO) is also currently revising its environmental health criteria for electromagnetic fields in order to reflect the latest scientific studies available.

In view of these, the current deadline of 30 April 2008 should be postponed for four years:

-to allow a full analysis of the studies, including that launched by the Commission, regarding the potential negative impact of the exposure limit values set by the

Directive on the medical use of MRI;

-pending the results of the review of the ICNIRP recommendations, to take into account the WHO's environmental health criteria for electromagnetic fields based on the latest scientific studies concerning the impact of electromagnetic fields on human health published since the adoption of the directive; and

-to conduct an in-depth impact analysis of the Directive's provisions and propose amendments to it in order to guarantee both a high level of health and safety protection for workers and the continuation and development of medical and industrial activities using electromagnetic fields.

COM(2007)0669
EUR-Lex