No C 249/6 Official  Journal  of the  European  Communities 26. 9. 80 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for a Council  Directive  laying  down  basic  standards  for the health  protection  of 
workers  and  the general  public  against  the dangers  of microwave  radiation 
(Submitted  by the Commission  to the Council  on 26 June  1980) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES; appropriate  to eliminate  them  by measures  for  the 
approximation  of such  provisions; 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the opinion  of the  European  Par-
liament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, Whereas  this  Directive  is applicable  without  prejudice 
to the Community  provisions  already  in force  in this 
area and,  in  particular,  to  Council  Directive 
73/23/EEC  of 19  February  1973  on the  harmo-
nization  of the laws  of the Member  States  relating  to 
electrical  equipment  designed  for  use  within  certain 
voltage  limits  ('), 
Whereas  the ever-increasing  use of apparatus  emitting 
microwave  radiation  and  the  rapid  development  of 
techniques  involving  such  radiation  will  result  in 
increased  health  hazards  for workers  and  the general 
public; 
Whereas  Article  117  of the  Treaty  establishing  the 
European  Economic  Community  expresses  the desire 
of the  Member  States  to promote  improved  working 
conditions  and  an improved  standard  of living  for 
workers;  whereas  Article  118  of that  Treaty  provides 
for close  cooperation  between  Member  States  in the 
social  field,  particularly  in matters  relating  to the 
prevention  of occupational  accidents  and  diseases  and 
in matters  relating  to occupational  hygiene; 
Whereas  the  manufacture  and  use  of apparatus 
emitting  microwave  radiation  are  governed  by 
provisions  laid  down  by  law,  regulation  or 
administrative  action  in the Member  States;  whereas 
such  provisions  present  differences  as  regards 
conditions  of manufacture  and  use,  which  differences 
directly  affect  the  establishment  and  functioning 
of the  common  market;  whereas  it is accordingly Whereas  the  European  Parliament,  in its resolution 
on the  Sixth  General  Report  for  1972,  invited  the 
Commission  to establish  safety  standards  for  health 
protection  against  the  hazards  arising  from 
microwave  radiation; 
Whereas  action  by the  European  Communities  has 
led to the adoption  of a certain  number  of principles 
relating  in particular  to the  medical  surveillance  of 
workers  exposed  to specific  risks  and  of Council 
Directive  76/579/Euratom  of 1 June  1976  laying 
down  the revised  basic  safety  standards  for the health 
protection  of the  general  public  and  workers  against 
the dangers  of ionizing  radiation  (2); 
(') OJ No L 77, 26. 3. 1973,  p. 29. 
O OJ  No L 187,  12. 7. 1976. 
26. 9. 80 Official  Journal  of the  European  Communities No C 249/7 
Whereas  on this  occasion  the  Economic  and  Social 
Committee  recommended  that  the experience  gained 
by the Commission  in the field  of radiation  protection 
should  be extended  to other  fields  of environmental 
health  protection; 
Whereas  Article  100  of the Treaty  stipulates  that  the 
Council  shall  issue  directives  for the approximation  of 
such  provisions  laid  down  by  law,  regulation  or 
administrative  action  in Member  States  as directly 
affect  the  establishment  or  functioning  of the 
common  market; 
Whereas  disparities  between  the  legal  provisions  of 
the Member  States  regulating  the  manufacture,  use 
and maintenance  of apparatus  emitting  microwave 
radiation  are  in fact  liable  to affect  directly  the free 
circulation  of these  apparatus  within  the Community; 
Whereas  the  protection  of workers  and  of other 
members  of the  public  against  the  dangers  of 
microwave  radiation  demands  that  the  prevention  of 
exposure  be organized  on a systematic  basis  and  that 
adequate  medical  surveillance  be provided, 
HAS  ADOPTED  THIS  DIRECTIVE: 
TITLE  I 
Definitions 
Article  1 
For the  purposes  of this  Directive,  the  following 
terms  shall  have  the  meaning  hereby  assigned  to 
them: 
— controlled  area:  an  area  subject  to  special 
requirements  for  the  purposes  of  protection 
against  microwave  radiation  and  to which  access 
is regulated; 
— microwave  radiation:  electromagnetic  radiation  of 
frequency  between  300  MHz  and  300  GHz; 
— microwave  system:  an  assembly  of  electrical, 
mechanical  and  physical  components  which  emits 
microwave  radiation; 
— radiant  energy  (R):  energy  emitted,  transmitted  or 
received  in the form  of radiation. 
The unit  of radiant  energy  is the  joule  (J).  A 
practical  unit  frequently  used  is the mWh  (3-6  J); 
— energy  fluence  (\|/):  quotient  of dR by da, where 
dR is the radiant  energy  incident  on a sphere  of 
cross-sectional  area  da 
y . dR 
da The unit  of energy  fluence  is the joule  per square 
meter  (Jm—2).  A practical  unit  frequently  used  is 
the mWhcm-2  (10 Whm-2  or 3-6-104  Jm~2); 
— energy  fluence  rate  (ifi:  quotient  of dij/  by dt, 
where  dv|/  is the increment  of energy  fluence  in 
the time  interval  dt 
rn dY  d'R 
* ~ dT  " dTTt 
The unit  of energy  fluence  rate  is the  watt  per 
square  meter  (Wm~2).  A practical  unit  frequently 
used  is the mWcm~2(10  Wm  ~2). 
TITLE  II 
Scope 
Article  2 
Without  prejudice  to the  provisions  of Directive 
73/23/EEC,  this  Directive  shall  apply  to the  manu-
facture,  development,  use,  maintenance  and  repair  of 
apparatus  involving  hazards  arising  from  microwave 
radiation.  It shall  not  apply  to the  exposure  of 
patients  for the purposes  of medical  examinations  or 
treatments  undergone  by them. 
TITLE  III 
Limits  of exposure  to microwave  radiation 
Article  3 
1. The  exposure  of individuals  to microwave 
radiation  shall  be as low  as reasonably  possible. 
2. Without  prejudice  to Articles  4 and  5, for 
normal  environmental  conditions  over  the  frequency 
range  300  MHz  to 300  GHz,  the  maximum  energy 
fluence  rate  shall  be 100  Wm—2  as averaged  over  any 
continuous  01  h period.  In particular,  exposure  of 
any individual  shall  be kept  below  the limits  set out in 
the Annex. 
TITLE  V 
Principles  of operational  protection 
Article  4 
Where,  independently  of  microwave  exposure, 
working  conditions  are  such  as are liable  to cause  a 
significant  increase  in deep  body  temperature,  or in 
No C 249/8 Official  Journal  of the  European  Communities 26. 9. 80 
the ambient  environmental  temperature,  the  appro-
priate  medical  service  shall  take  into  account  the 
environmental  factors  in order,  if necessary,  to reduce 
exposure  to a level  lower  than  the limits  laid  down  in 
Article  3. 
Article  5 
Agreed  exceptional  exposure  of workers 
1. For  workers  whose  length  and  conditions  of 
exposure  are under  health  surveillance  as provided  for 
below,  agreed  exposure  to levels  higher  than  those 
specified  in Article  3 may  be authorized  by the appro-
priate  medical  service  referred  to in Article  8. 
2. For  agreed  exposures  to continuous  waves  with 
energy  fluence  rates  over  1000  ¥m"!  (100  mWcm_!) 
or to an equivalent  pulse  radiation,  the  radiation 
incident  on the body  shall  be appropriately  reduced 
by the wearing  of protective  clothing  which  shall  be 
tested  periodically. 
Article  6 
Demarcation  of controlled  areas 
Areas  in which,  in normal  operating  conditions,  the 
energy  fluence  rates  may  exceed  the limits  laid  down 
in Article  3 shall  be designated  as controlled  areas. 
Access  to such  areas  shall  be restricted  to workers 
subject  to control  procedures. 
Members  of the public  shall  not normally  have  access 
to such  areas.  If necessary,  temporary  controlled 
areas  shall  be demarcated.  Appropriate  warning  signs 
shall  be displayed  at the boundaries  of such  areas. 
The manufacturer  or distributor  of a system  or 
apparatus  emitting  microwave  radiation  shall  provide 
the consumer  with  adequate  information  to enable 
him to determine  whether  it is necessary  to demarcate 
a controlled  area.  The  boundaries  of such  areas  shall 
be fixed  by the person  responsible  for security  and 
surveillance. 
Article  7 
Warning  signs  for controlled  areas 
The minimum  requirement  for a controlled  area  shall 
be the control  of access  by appropriate  warning  signs. Article  8 
Medical  surveillance  of workers  exposed  to microwave 
radiation 
Workers  whose  occupational  activity  involves 
exposure  to microwave  radiation  shall  undergo  the 
medical  surveillance  normally  provided  for  in the 
context  of occupational  medicine. 
An appropriate  medical  service  shall  be available  to 
workers  exposed  to levels  exceeding  the limits  laid 
down  in Title  III 
Article  9 
Information  and  training  with  a view  to protecting 
workers 
Any worker  liable  to be exposed  to occupational 
microwave  radiation  shall  be provided  with  adequate 
information  on microwave  radiation  hazards  and  an 
appropriate  training  on  the  measures  to  be 
implemented  with  the view  to preventing  or limiting 
the hazards. 
Article  10 
Protection  of the general  public 
In order  to comply  with  the limits  laid  down  in this 
directive,  for certain  microwave  systems  an emission 
standard  at certain  distances  from  the source  may  be 
introduced.  The  essential  characteristics  which  must 
be known  and  complied  with  if the apparatus  is to be 
used without  danger  and in a manner  in keeping  with 
its intended  purpose  shall  be indicated  on  the 
appliance  emitting  microwave  radiation  or, if this  is 
not possible,  on an accompanying  label. 
TITLE  V 
Maintenance  and  surveillance  of appliances  emitting 
microwave  radiation 
Article  11 
The manufacturer  or  distributor  shall  provide 
adequate  information  to allow  safe  installation,  main-
tenance  and operation  of the equipment. 
26. 9. 80 Official  Journal  of the European  Communities No C 249/9 
TITLE  VI 
Article  12 
1. Each  Member  State  shall  ensure  that  individual 
limits  of exposure  are  kept  below  the  values  laid 
down  in Article  3. 
2. Each  Member  State  shall  ensure  that  an appro-
priate  monitoring  service  is available,  to the  extent 
necessary,  to undertakings  manufacturing,  importing, 
distributing  or using  microwave  appliances. 
3. Without  prejudice  to subsequent  Community 
provisions,  Member  States  shall  lay  down  the 
emission  standards  provided  for in Article  10. Article  13 
Member  States  shall  take  the measures  necessary  to 
comply  with  this  Directive  within  one  year  of its 
notification. 
Member  States  shall  communicate  to the Commission 
the provisions  of national  law which  they  adopt  in the 
field  governed  by this Directive. 
Article  14 
This Directive  is addressed  to the Member  States. 
ANNEX 
Limits  of exposure  for individuals 
(a) For  any  period  longer  than  0 1 h, maximum  energy  fluence  rates  shall  be lower  than  100  Wm~! 
(10 rnWcm"'). 
(b) For  any  period  shorter  than  0-1  h, energy  fluences  shall  be lower  than  3-6  • 10' Jm-"1 
(1 mWhcm-"2)  with  a maximum  energy  fluence  rate  not exceeding  1 000 Wm-2  (100  mWcmr"2).