Common Position (EC) No 10/2004 of 18 December 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive 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)
Date: 2003-12-18
Institutions: Council of the European Union
Subjects: accident prevention, electromagnetic interference, health policy, occupational health, occupational safety

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 10/2004

adopted by the Council on 18 December 2003

with a view to adopting Directive 2004/. . ./EC of the European Parliament and of the Council of
. . . 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)

(2004/C 66 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 137(2) thereof,

from the Commission (1),
Having regard to the proposal
presented after consultation with the Advisory Committee on
Safety, Hygiene and Health Protection at Work,

Having regard to the Opinion of the European Economic and
Social Committee (2),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Under the Treaty the Council may, by means of directives,
adopt minimum requirements
encouraging
improvements, especially in the working environment, to
guarantee a better level of protection of the health and
safety of workers. Such directives are to avoid imposing
administrative,
financial and legal constraints in a way
which would hold back the creation and development of
small and medium-sized undertakings.

for

(2) The communication from the Commission concerning its
action programme relating to the implementation of the
Community Charter of the Fundamental Social Rights of
Workers provides for the introduction of minimum health
and safety requirements regarding the exposure of workers
to the risks caused by physical agents. In September 1990
the European Parliament adopted a Resolution concerning
this action programme (4),
inviting the Commission in

(1) OJ C 77, 18.3.1993, p. 12 and OJ C 230, 19.8.1994, p. 3.
(2) OJ C 249, 13.9.1993, p. 28.
(3) Opinion of the European Parliament of 20 April 1994 (OJ C 128,
9.5.1994, p. 146) confirmed on 16 September 1999 (OJ C 54,
25.2.2000, p. 75), Council Common Position of 18 December
2003 and Position of the European Parliament of . . .
(not yet
published in the Official Journal). Council Decision of . . .

(4) OJ C 260, 15.10.1990, p. 167.

particular to draw up a specific directive on the risks
caused by noise and vibration and by any other physical
agents at the workplace.

(3) As a first step, the European Parliament and the Council
adopted Directive 2002/44/EC of 25 June 2002 on the
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
agents (vibration)
(16th individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC) (5).
Next, on 6 February 2003, the European Parliament and
adopted Directive 2003/10/EC on the
the Council
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
agents
(17th individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC) (6).

(noise)

(4)

the

It
is now considered necessary to introduce measures
protecting workers from the risks associated with electro-
magnetic fields, owing to their effects on the health and
safety of workers. However,
long-term effects,
including possible carcinogenic effects due to exposure
to time-varying electric, magnetic and electromagnetic
fields for which there is no conclusive scientific evidence
establishing a causal relationship, are not addressed in this
Directive. These measures are intended not only to ensure
the health and safety of each worker on an individual
basis, but also to create a minimum basis of protection
for all Community workers,
in order to avoid possible
distortions of competition.

(5) This Directive lays down minimum requirements,

thus
the option of maintaining or
giving Member States
adopting more favourable provisions for the protection
of workers,
in particular the fixing of lower values for
the action values or the exposure limit values for electro-
magnetic fields. The implementation of
this Directive
should not serve to justify any regression in relation to
the situation which already prevails in each Member State.

(5) OJ L 177, 6.7.2002, p. 13.
(6) OJ L 42, 15.2.2003, p. 38.

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the objectives to be attained,

(6) A system of protection against electromagnetic fields
should limit itself to a definition, free of excessive detail,
the principles to be
of
observed and the fundamental values to be applied,
in
order to enable Member States to apply the minimum
requirements in an equivalent manner.

(7) The level of exposure to electromagnetic fields can be
more effectively reduced by incorporating preventive
measures
and by
into the design of workstations
selecting work equipment, procedures and methods so as
to give priority to reducing the risks at source. Provisions
relating to work equipment and methods thus contribute
to the protection of the workers involved.

(8) Employers

should make adjustments

in the light of
technical progress and scientific knowledge regarding
risks related to exposure to electromagnetic fields, with a
view to improving the safety and health protection of
workers.

(9) Since this Directive is an individual Directive within the
meaning of Article 16(1) of Council Directive 89/391/EEC
of 12 June 1989 on the introduction of measures to
encourage improvements in the safety and health of
workers at work (1), that Directive therefore applies to
fields,
the
specific
without prejudice
provisions contained in this Directive.

to electromagnetic
stringent and/or

exposure of workers

to more

(10) This Directive constitutes a practical step towards creating

the social dimension of the internal market.

(11) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (2).

for

HAVE ADOPTED THIS DIRECTIVE:

SECTION I

GENERAL PROVISIONS

Article 1

Aim and scope

1.
This Directive, which is the 18th individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC,
lays down minimum requirements
the protection of
workers from risks to their health and safety arising or likely
to arise from exposure to electromagnetic fields (0 Hz to
300 GHz) during their work.

for

This Directive refers to the risk to the health and safety of
2.
workers due to known short-term adverse effects in the human
body caused by the circulation of induced currents and by
energy absorption as well as by contact currents.

This Directive does not address suggested long-term

3.
effects.

This Directive does not address the risks resulting from

4.
contact with live conductors.

Directive 89/391/EEC shall apply fully to the whole area
5.
referred to in paragraph 1, without prejudice to more stringent
and/or more specific provisions contained in this Directive.

Article 2

Definitions

For the purposes of this Directive, the following definitions
shall apply:

(a) ‘electromagnetic fields’: static magnetic and time-varying
fields with

electromagnetic

electric, magnetic
frequencies up to 300 GHz;

and

(12) Adherence to the exposure limit and action values should
provide a high level of protection as regards the estab-
lished health effects that may result from exposure to
electromagnetic fields but such adherence may not neces-
sarily avoid interference problems with, or effects on the
functioning of, medical devices such as metallic prostheses,
cardiac pacemakers and defibrillators, cochlear implants
and other implants; interference problems especially with
pacemakers may occur at levels below the action values
and should therefore be
the object of appropriate
precautions and protective measures,

(1) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).
(2) OJ L 184, 17.7.1999, p. 23.

(b) ‘exposure limit values’:

limits on exposure to electro-
magnetic fields which are based directly on established
health effects and biological considerations. Compliance
with these limits will ensure that workers exposed to elec-
tromagnetic fields are protected against all known adverse
health effects;

(c) ‘action values’:

the magnitude of directly measurable
parameters, provided in terms of electric field strength
(E), magnetic field strength (H), magnetic flux density (B)
and power density (S), at which one or more of
the
specified measures in this Directive must be undertaken.
Compliance with these values will ensure compliance
with the relevant exposure limit values.

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Article 3

Exposure limit values and action values

The exposure limit values are as set out in the Annex,

1.
Table 1.

particular account of the provisions of Article 7 of Directive
89/391/EEC concerning the necessary competent services or
persons. The data obtained from the assessment, measurement
and/or calculation of the level of exposure shall be preserved in
a suitable form so as to permit consultation at a later stage.

2.

The action values are as set out in the Annex, Table 2.

3.
For the assessment, measurement and/or calculation of
workers' exposure to electromagnetic fields, until harmonised
European standards from the European Committee for Electro-
relevant
technical
assessment, measurement and calculation situations, Member
States may employ other
scientifically-based standards or
guidelines.

Standardisation

(Cenelec)

cover

all

SECTION II

OBLIGATIONS OF EMPLOYERS

Article 4

Determination of exposure and assessment of risks

1.
In carrying out the obligations laid down in Articles 6(3)
and 9(1) of Directive 89/391/EEC, the employer shall assess
and, if necessary, measure and/or calculate the levels of elec-
tromagnetic fields to which workers are exposed. Assessment,
measurement and calculation may, until harmonised European
assessment,
standards
cover
in
measurement and calculation situations, be carried out
accordance with
and
guidelines referred to in Article 3 and, when relevant, by
taking into account the emission levels provided by the manu-
facturers of the equipment when it is covered by the relevant
Community Directives.

scientifically-based

from Cenelec

standards

relevant

the

all

5.
the
Pursuant to Article 6(3) of Directive 89/391/EEC,
employer shall give particular attention, when carrying out
the risk assessment, to the following:

(a)

the level,
exposure;

frequency spectrum, duration and type of

(b) the exposure limit values and action values referred to in

Article 3 of this Directive;

(c) any effects concerning the health and safety of workers at

particular risk;

(d) any indirect effects, such as:

(i) interference with medical electronic equipment and
and other
(including cardiac pacemakers

devices
implanted devices);

(ii) the projectile risk from ferromagnetic objects in static
magnetic fields with a magnetic flux density greater
than 3 mT;

(iii) initiation of electro-explosive devices (detonators);

(iv) fires

and explosions

from ignition of
flammable materials by sparks caused by induced
fields, contact currents or spark discharges;

resulting

2.
On the basis of the assessment of the levels of electro-
magnetic fields undertaken in accordance with paragraph 1, if
the action values referred to in Article 3 are exceeded, the
employer shall assess and, if necessary, calculate whether the
exposure limit values are exceeded.

3.
The assessment, measurement and/or calculations referred
to in paragraphs 1 and 2 need not be carried out in workplaces
open to the public provided that an evaluation has already
been undertaken in accordance with the provisions of
Council Recommendation 1999/519/EC of 12 July 1999 on
the limitation of exposure of the general public to electro-
magnetic fields (O Hz to 300 GHz) (1), and the restrictions as
specified therein are respected for workers and safety risks are
excluded.

The assessment, measurement and/or calculations referred
4.
to in paragraphs 1 and 2 shall be planned and carried out by
taking
competent services or persons at suitable intervals,

(1) OJ L 199, 30.7.1999, p. 59.

(e)

the existence of replacement equipment designed to reduce
the levels of exposure to electromagnetic fields;

(f) appropriate information obtained from health surveillance,

including published information, as far as possible;

(g) multiple sources of exposure;

(h) simultaneous exposure to multiple frequency fields.

6.
The employer shall be in possession of an assessment of
the risk in accordance with Article 9(1)(a) of Directive
89/391/EEC and shall identify which measures must be taken
in accordance with Articles 5 and 6 of this Directive. The risk
assessment shall be recorded on a suitable medium, according
to national law and practice; it may include a justification by
the employer that the nature and extent of the risks related to
electromagnetic fields make a further detailed risk assessment
unnecessary. The risk assessment shall be updated on a regular
basis, particularly if there have been significant changes which
could render it out of date, or when the results of health
surveillance show it to be necessary.

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Article 5

Provisions aimed at avoiding or reducing risks

1.
Taking account of technical progress and of the avail-
ability of measures to control the risk at source, the risks
arising from exposure to electromagnetic fields shall be elim-
inated or reduced to a minimum.

The reduction of risks arising from exposure to electromagnetic
fields shall be based on the general principles of prevention set
out in Directive 89/391/EEC.

2.
On the basis of the risk assessment referred to in Article
4, once the action values referred to in Article 3 are exceeded,
the employer, unless the assessment carried out in accordance
with Article 4(2) demonstrates that the exposure limit values
are not exceeded and that safety risks can be excluded, shall
devise and implement an action plan comprising technical
and/or organisational measures intended to prevent exposure
exceeding the exposure limit values, taking into account in
particular:

(a) other working methods that entail

less exposure to elec-

tromagnetic fields;

(b) the choice of equipment emitting less electromagnetic

fields, taking account of the work to be done;

(c) technical measures to reduce the emission of electro-
magnetic fields including, where necessary the use of
interlocks, shielding or similar health protection mech-
anisms;

to them limited where this is technically possible and where
there is a risk that the exposure limit values could be exceeded.

In any event, workers shall not be exposed above the

4.
exposure limit values.

If, despite the measures taken by the employer to comply with
the
the exposure limit values are exceeded,
this Directive,
employer shall
take immediate action to reduce exposure
below the exposure limit values. He shall identify the reasons
why the exposure limit values have been exceeded, and shall
amend the protection and prevention measures accordingly in
order to prevent them being exceeded again.

Pursuant

to Article 15 of Directive 89/391/EEC,

5.
the
employer shall adapt the measures referred to in this Article
to the requirements of workers at particular risk.

Article 6

Worker information and training

Without prejudice
to Articles 10 and 12 of Directive
89/391/EEC, the employer shall ensure that workers who are
exposed to risks from electromagnetic fields at work and/or
their representatives receive any necessary information and
training relating to the outcome of
the risk assessment
provided for in Article 4(1) of this Directive, concerning in
particular:

(a) measures taken to implement this Directive;

(d) appropriate maintenance programmes for work equipment,

action values and the associated potential risks;

(b) the values and concepts of the exposure limit values and

workplaces and workstation systems;

(e) the design and layout of workplaces and workstations;

(f)

limitation of the duration and intensity of the exposure;

(g) the availability of adequate personal protection equipment.

3.
On the basis of the risk assessment referred to in Article
4, workplaces where workers could be exposed to electro-
magnetic fields exceeding the action values shall be indicated
by appropriate signs in accordance with Council Directive
92/58/EEC of 24 June 1992 on the minimum requirements
for the provision of safety and/or health signs at work (ninth
individual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC (1), unless the assessment carried out in
accordance with Article 4(2) demonstrates that the exposure
limit values are not exceeded and that safety risks can be
excluded. The areas in question shall be identified, and access

(1) OJ L 245, 26.8.1992, p. 23.

(c)

the results of the assessment, measurement and/or calcu-
lations of the levels of exposure to electromagnetic fields
carried out in accordance with Article 4 of this Directive;

(d) why and how to detect and report signs of injury;

(e)

the circumstances in which workers are entitled to health
surveillance;

(f) safe working practices to minimise risks from exposure.

Article 7

Consultation and participation of workers

Consultation and participation of workers and/or of
their
representatives shall take place in accordance with Article 11
of Directive 89/391/EEC on the matters covered by this
Directive.

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SECTION III

MISCELLANEOUS PROVISIONS

Article 8

Health surveillance

Appropriate health surveillance shall be carried out according
to Articles 14 and 15 of Directive 89/391/CEE for workers
who might suffer adverse health or safety effects, especially
for workers at particular risk.

Article 9

Technical amendments

set out

1. Modifications of the exposure limit values and action
in the Annex shall be adopted by the
values
European Parliament and the Council in accordance with the
procedure laid down in Article 137(2) of the Treaty.

Amendments to the Annex of a strictly technical nature

2.
in line with:

(a) the adoption of Directives in the field of technical harmon-
isation and standardisation with regard to the design,
building, manufacture or construction of work equipment
and/or workplaces;

(b) technical

progress,

changes

in

harmonised European standards or
new scientific findings concerning electromagnetic fields

the most

relevant
specifications, and

shall be adopted in accordance with the regulatory procedure
referred to in Article 10(2).

SECTION IV

FINAL PROVISIONS

Article 11

Reports

Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,
indicating the points of view of the social partners.

The Commission shall
inform the European Parliament, the
Council, the European Economic and Social Committee and
the Advisory Committee on Safety and Health Protection at
Work of the content of these reports and of its assessment
of developments in the field in question and of any action
that may be warranted in the light of new scientific knowledge.

Article 12

Transposition

1.
The Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply with
this Directive no later than . . . (*). They shall forthwith inform
the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
provisions of national law which they adopt or have already
adopted in the field covered by this Directive.

Article 13

Entry into force

Article 10

Committee

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

The Commission shall be assisted by the Committee

1.
referred to in Article 17 of Directive 89/391/EEC.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 14

Addressees

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

For the Council

The President

The President

(*) 4 years after the entry into force of this Directive.

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EXPOSURE LIMIT AND ACTION VALUES FOR ELECTROMAGNETIC FIELDS

ANNEX

The following physical quantities shall be used to describe the exposure to electromagnetic fields:

Contact current (IC) between a person and an object is expressed in amperes (A). A conductive object in an electric field
can be charged by the field.

Current density (J) is defined as the current flowing through a unit cross section perpendicular to its direction in a volume
conductor such as the human body or part of it, expressed in amperes per square metre (A/m2).

Electric field strength is a vector quantity (E) that corresponds to the force exerted on a charged particle regardless of its
motion in space. It is expressed in volts per metre (V/m).

Magnetic field strength is a vector quantity (H), which, together with the magnetic flux density, specifies a magnetic field
at any point in space. It is expressed in amperes per metre (A/m).

Magnetic flux density is a vector quantity (B), resulting in a force that acts on moving charges, expressed in teslas (T). In
free space and in biological materials, magnetic flux density and magnetic field strength can be interchanged using the
equivalence 1 A/m = 4π 10–7 T.

Power density (S) is the appropriate quantity used for very high frequencies, where the depth of penetration in the body is
low. It is the radiant power incident perpendicular to a surface, divided by the area of the surface and is expressed in
watts per square metre (W/m2).

Specific energy absorption (SA) is defined as the energy absorbed per unit mass of biological tissue, expressed in joules per
kilogram (J/kg). In this directive it is used for limiting non-thermal effects from pulsed microwave radiation.

Specific energy absorption rate (SAR) averaged over the whole body or over parts of the body, is defined as the rate at
which energy is absorbed per unit mass of body tissue and is expressed in watts per kilogram (W/kg). Whole body SAR
is a widely accepted measure for relating adverse thermal effects to radio frequency (RF) exposure. Besides the whole
body average SAR, local SAR values are necessary to evaluate and limit excessive energy deposition in small parts of the
body resulting from special exposure conditions. Examples of such conditions are: a grounded individual exposed to RF
in the low MHz range and individuals exposed in the near field of an antenna.

Of these quantities, magnetic flux density, contact current, electric and magnetic field strengths and power density can
be measured directly.

A. EXPOSURE LIMIT VALUES

Depending on frequency, the following physical quantities are used to specify the exposure limit values of electro-
magnetic fields:

— exposure limit values are provided for current density for time-varying fields up to 1 Hz, to prevent effects on the

cardiovascular and central nervous system,

— between 1 Hz and 10 MHz exposure limit values are provided on current density to prevent effects on central

nervous system functions,

— between 100 kHz and 10 GHz exposure limit values on SAR are provided to prevent whole-body heat stress and
excessive localised heating of tissues. In the range 100 kHz to 10 MHz, exposure limit values on both current
density and SAR are provided,

— between 10 GHz and 300 GHz an exposure limit value on power density is provided to prevent excessive tissue

heating at or near the body surface.

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Table 1

Exposure limit values (Article 3(1))

All conditions to be satisfied

Frequency range

Up to 1 Hz

1-4 Hz

4-1 000 Hz

1 000 Hz-100 kHz

100 kHz-10 MHz

10 MHz-10 GHz

10-300 GHz

Current density for
head and trunk J
(mA/m2)
(rms)

Whole body average
SAR
(W/kg)

Localised SAR
(head and trunk)
(W/kg)

Localised SAR
(limbs)
(W/kg)

Power density S
(W/m2)

40

40/f

10

f/100

f/100

—

—

—

—

—

—

0,4

0,4

—

—

—

—

—

10

10

—

—

—

—

—

20

20

—

—

—

—

—

—

—

50

Notes:

1. f is the frequency in Hertz.

2. The exposure limit values on the current density are intended to protect against acute exposure effects on central
nervous system tissues in the head and trunk of the body. The exposure limit values in the frequency range 1 Hz to
10 MHz are based on established adverse effects on the central nervous system. Such acute effects are essentially
instantaneous and there is no scientific justification to modify the exposure limit values for exposure of short
duration. However, since the exposure limit values refer to adverse effects on the central nervous system, these
exposure limit values may permit higher current densities in body tissues other than the central nervous system
under the same exposure conditions.

3. Because of the electrical

inhomogeneity of the body, current densities should be calculated as averages over a

cross-section of 1 cm2 perpendicular to the current direction.

4. For frequencies up to 100 kHz, peak current density values can be obtained by multiplying the rms value by (2)½.

5. For frequencies up to 100 kHz and for pulsed magnetic fields, the maximum current density associated with the
pulses can be calculated from the rise/fall times and the maximum rate of change of magnetic flux density. The
induced current density can then be compared with the appropriate exposure limit value. For pulses of duration tp,
the equivalent frequency to apply for the exposure limit values should be calculated as f = 1/(2tp).

6. All SAR values are to be averaged over any six-minute period.

7. Localised SAR averaging mass is any 10 g of contiguous tissue; the maximum SAR so obtained should be the value
used for estimating exposure. These 10 g of tissue are intended to be a mass of contiguous tissue with nearly
homogeneous electrical properties. In specifying a contiguous mass of tissue, it is recognised that this concept can
be used in computational dosimetry but may present difficulties for direct physical measurements. A simple
geometry such as cubic tissue mass can be used provided that the calculated dosimetric quantities have conservative
values relative to the exposure guidelines.

8. For pulsed exposures in the frequency range 0,3 to 10 GHz and for localised exposure of the head, in order to limit
and avoid auditory effects caused by thermoelastic expansion, an additional exposure limit value is recommended.
This is that the SA should not exceed 10 mJ/kg averaged over 10 g of tissue.

9. Power densities are to be averaged over any 20 cm2 of exposed area and any 68/f1,05-minute period (where f is in
GHz) to compensate for progressively shorter penetration depth as the frequency increases. Spatial maximum power
densities averaged over 1 cm2 should not exceed 20 times the value of 50 W/m2.

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10. With regard to pulsed or transient electromagnetic fields, or generally with regard to simultaneous exposure to
multiple frequency fields, appropriate methods of assessment, measurement and/or calculation capable of analysing
the characteristics of the waveforms and nature of biological interactions have to be applied, taking account of
European harmonised standards developed by Cenelec.

B. ACTION VALUES

The action values referred to in Table 2 are obtained from the exposure limit values according to the rationale used by
the International Commission on Non-ionising Radiation Protection (ICNIRP) in its guidelines on limiting exposure to
non-ionising radiation (ICNIRP 7/99).

Table 2

Action values (Article 3(2))

(unperturbed rms values)

Frequency range

Electric field
strength, E
(V/m)

Magnetic field
strength, H
(A/m)

Magnetic flux
density, B
(µΤ)

Equivalent plane
wave power
density, Seq
(W/m2)

Contact current, IC
(mA)

Limb induced
current, IL
(mA)

0-1 Hz

1-8 Hz

—

1,63 × 105

2 × 105

20 000

1,63 × 105/f2

2 × 105/f2

8-25 Hz

20 000

2 × 104/f

2,5 × 104/f

—

—

—

—

—

—

—

—

—

10

10

20/f

24,4

24,4

25/f

30,7

30,7

1 600/f

2 000/f

1,6/f

1,6/f

0,16

0,16

2/f

2/f

0,2

0,2

0,008f½

0,01f½

0,36

0,45

f/40

50

1,0

1,0

1,0

1,0

1,0

0,4 f

0,4 f

40

40

40

—

—

—

—

—

—

—

—

—

—

—

—

100

—

—

—

0,025-0,82 kHz

500/f

0,82-2,5 kHz

2,5-65 kHz

65-100 kHz

0,1-1 MHz

610

610

610

610

1-10 MHz

610/f

10-110 MHz

110-400 MHz

400-2 000 MHz

2-300 GHz

61

61

3f½

137

Notes:

1. f is the frequency in the units indicated in the frequency range column.

2. For frequencies between 100 kHz and 10 GHz, Seq, E2, H2, B2 and IL

2 are to be averaged over any six-minute period.

3. For frequencies exceeding 10 GHz, Seq, E2, H2 and B2 are to be averaged over any 68/f1.05-minute period (f in GHz).

4. For frequencies up to 100 kHz, peak action values for the field strengths can be obtained by multiplying the rms
value by (2)½. For pulses of duration tp, the equivalent frequency to apply for the action values should be calculated
as f=1/(2tp).

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For frequencies between 100 kHz and 10 MHz, peak action values for the field strengths are calculated by multi-
plying the relevant rms values by 10a, where a = (0,665 log (f/105) + 0,176), f in Hz.

For frequencies between 10 MHz and 300 GHz, peak action values are calculated by multiplying the corresponding
rms values by 32 for the field strengths and by 1 000 for the equivalent plane wave power density.

5. With regard to pulsed or transient electromagnetic fields, or generally with regard to simultaneous exposure to
multiple frequency fields, appropriate methods of assessment, measurement and/or calculation capable of analysing
the characteristics of the waveforms and nature of biological interactions have to be applied, taking account of
harmonised European standards developed by Cenelec.

6. For peak values of pulsed modulated electromagnetic fields, it is also suggested that, for carrier frequencies exceeding
10 MHz, Seq as averaged over the pulse width should not exceed 1 000 times the Seq action values or that the field
strength should not exceed 32 times the field strength action values for the carrier frequency.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 8 February 1993 the Commission submitted to the Council, on the basis of Article 118a of the
Treaty establishing the European Community, a proposal for a Council Directive on the minimum
health and safety requirements regarding the exposure of workers to the risks arising from physical
agents.

The proposal was intended to supplement Directive 89/391/EEC by explaining the way in which some
of its provisions were to apply in the specific case of exposure to physical agents.

The European Parliament and the Economic and Social Committee delivered their Opinions on 20
April and 30 June 1993 respectively.

The Commission submitted an amended proposal on 8 July 1994.

Following the entry into force of the Amsterdam Treaty, the legal basis has changed from ex-Article
118a to Article 137(2), which provides for codecision with the European Parliament and consultation
of the Committee of the Regions.

The Committee of the Regions stated in a letter dated 13 January 2000 that it would not be submitting
an Opinion on the proposal for a Directive.

The main feature of the proposal was that it combined in a single instrument four types of physical
agents (noise, mechanical vibration, optical radiation, electromagnetic fields), each of which would have
been the subject of a separate annex.

Given the very different characteristics of the four physical agents, it was decided in 1999 to proceed
on the basis of separate Directives and specific Directives on vibration and noise have already been
adopted. The Council then chose to concentrate on electromagnetic fields as the third element.

The Council adopted a Common Position on 18 December 2003, in accordance with the procedure
laid down in Article 251 of the Treaty.

II. OBJECTIVE

The proposal for a Directive, following the splitting of the original proposal, aims to help improve
protection of the health and safety of workers from risks arising from exposure to electromagnetic
fields.

III. ANALYSIS OF THE COMMON POSITION

1. GENERAL OBSERVATIONS

According to Article 137(1) of the Treaty ‘the Community shall support and complement the
activities of the Member States in (. . .) improvement in particular of the working environment to
protect workers' health and safety;’ etc.

Article 137(2) of the Treaty states that the Council: ‘may adopt, by means of directives, minimum
requirements for gradual
implementation, having regard to the conditions and technical rules
obtaining in each of the Member States’.

The Council Common Position is in accordance with the objectives of Article 137(2) of the Treaty
in the area covered, since it is designed to introduce minimum requirements to protect the health
and safety of workers from the risks arising from exposure to electromagnetic fields.

Furthermore, the Common Position respects the objectives put forward by the Commission and
supported by Parliament, despite having a different structure as a result of the original proposal
being split. It includes several of the amendments resulting from Parliament's first reading of the
Commission's proposal.

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2. STRUCTURE AND KEY ELEMENTS

2.1. General structure

The general structure of the Common Position, for instance the introduction of exposure limit
values and action values, the articles on worker information and training, consultation and partici-
pation and the miscellaneous provisions, closely follows the provisions of
the Directives on
vibration and noise. This is also in line with the general structure of the Commission's amended
proposal. According to Article 1, the Common Position refers to risks to the health and safety of
workers due to known short-term effects in the human body and explicitly excludes possible
long-term effects.

2.2. The exposure limit values and action values

The Common Position is based on the introduction of exposure limit values and action values as
defined in Article 2 and set out in the Tables in the Annex according to Article 3. These values are
to a large extent based on the recommendations established by the International Commission on
Non-Ionising Radiation Protection (ICNIRP).

Table 1 of the Annex contains the exposure limit values fixed for 7 different frequency ranges with
the intention of preventing adverse effects on different parts or functions of the human body, such
as the cardiovascular and central nervous systems or whole-body heat stress and excessive localised
heating of tissues. The exposure limit values do not apply to static magnetic fields, as for the
moment there is not enough scientific evidence about possible adverse health effects resulting
from exposure to static magnetic fields. This means, for example, that there are no exposure
limit values for the handling of magnetic resonance facilities in the medical sector. Nevertheless,
the Council adopted a statement to the Minutes inviting the Commission to closely monitor devel-
opments in this area in order to include exposure limit values for static magnetic fields in the
Directive at a later stage, when scientific findings make this possible.

Table 2 of the Annex contains action values fixed for 13 different frequency ranges. The action
values are obtained from the exposure limit values according to the rationale used by ICNIRP in its
guidelines on limiting exposure to non-ionising radiation (ICNIRP 7/99). In contrast to the exposure
limit values, the action values also apply to static magnetic fields in order to prevent dangers like the
projectile risk from ferromagnetic objects in static magnetic fields.

2.3. Action to be taken when the values have been exceeded

The aim of the Common Position is to eliminate or reduce to a minimum risks arising from
exposure to electromagnetic fields. Therefore, once the action values are exceeded, the employer
shall devise and implement an action plan comprising technical and/or organisational measures
intended to prevent exposure exceeding the limit values. This obligation does not apply when the
employer can demonstrate that the exposure limit values are not exceeded and that safety risks can
be excluded. Article 5 paragraph 2 which contains this obligation refers, inter alia, to other working
methods, the choice of equipment, technical reduction methods or the design and layout of work-
places as particular elements of such an action plan. Another obligation triggered off in case the
action values are exceeded is the identification, indication by appropriate signs and limitation of
access to the areas concerned (Article 5 paragraph 3).

Following on from the concept of exposure limit values, Article 5 paragraph 4 clearly states that
workers shall not be exposed above the exposure limit values. If the exposure limit values are
nevertheless exceeded, the employer shall take immediate action to reduce exposure below them,
identify the reasons why the exposure limit values have been exceeded and shall amend the
protection and prevention measures in order to prevent any re-occurrence of such an incident.

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2.4. Determination of exposure and assessment of risks

Another key element of the Common Position are the provisions on determination of exposure and
assessment of risks in Article 4. The necessary assessment, measurement and calculation shall be
based on standards established by the European Committee for Electrotechnical Standardisation
(Cenelec). Until harmonised European standards from Cenelec are available, Member States may
employ other scientifically-based standards or guidelines (Article 4 paragraph 1). In order to avoid
unnecessary repetition, the assessment, measurement and/or calculations need not be carried out in
workplaces open to the public provided that an evaluation has already been undertaken in
accordance with the provisions of Council Recommendation 1999/519/EC on the limitation of
exposure of the general public to electromagnetic fields (Article 4 paragraph 3).

Important elements of the risk assessment to which the employer shall give particular attention are,
inter alia, workers at particular risk or multiple sources of exposure.

2.5. Major differences from the Commission's amended proposal

The major differences between the Common Position and the Commission's amended proposal
concern:

— the new structure due to the fact that electromagnetic fields are dealt with in a specific directive;

— the restructuring and redefinition of the exposure limit values and action values, including the

deletion of the threshold level;

— the Tables and provisions in the Annex which closely follow the ICNIRP recommendations;

— the conditions which trigger off the employer's obligation to devise and implement an action

plan comprising preventive measures;

— the reference to harmonised European standards established by Cenelec for the assessment,

measurement and calculation to be done in the context of the risk assessment;

— the possibility of not having to do an evaluation of the exposure in certain cases where an
evaluation has already been undertaken in accordance with Council Recommendation
1999/519/EC;

— the provisions on health surveillance, where the Common Position refers to Articles 14 and 15
of the Framework Directive 89/391/CEE and especially mentions workers at particular risk. The
Council considered that more far-reaching obligations were not necessary as potential long-term
effects were not covered under the Common Position;

— the abolition of the requirement to consider certain activities as presenting an increased risk and

to declare them to the responsible authority;

— the abolition of specific requirements for the information of workers.

3. THE EUROPEAN PARLIAMENT'S AMENDMENTS IN FIRST READING

As the Common Position only covers electromagnetic fields, several of the European Parliament's
amendments do not fall into this context. Therefore only the following amendments had to be taken
into consideration before the Common Position was adopted: 1, 4-21, 25, 37-40.

3.1. European Parliament amendments adopted by the Council

Amendments 1, 5, 9, 14, 25, 37 and 38 were taken up in their entirety, if not word for word at
least in spirit, in the Common Position.

In addition Amendment 4 was partly accepted in Article 2(b). However,
instead of the text of
Amendment 4 the Council preferred to state that compliance with the exposure limit values will
ensure that workers are protected against all known adverse health effects.

Amendment 7 was accepted in spirit in the definition of the action value in Article 2(c).

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Amendment 10 was partly accepted in the spirit of Article 5 paragraph 5, even though the Council
did not consider it appropriate to refer to an exclusive aim of preventive measures for particularly
sensitive risk groups.

Amendment 12 was accepted in spirit in Article 5 paragraph 1, where the Common Position now
refers to the elimination or reduction to a minimum of the exposure.

Amendment 13 was partly accepted in Article 5 paragraph 4. The Council saw no need to refer
specifically to collective measures, as the employer has to take into account all possible prevention
measures when he takes action to reduce exposure below the exposure limit values.

Amendment 17 was accepted in spirit in Article 4 paragraph 5(d), which includes a list of a variety
of possible indirect effects of exposure to electromagnetic fields.

3.2. European Parliament's amendments not adopted by the Council

The Council did not consider it advisable to include amendments 6, 8, 11, 15, 16, 18, 19, 20, 21,
39 and 40 in its Common Position, for the following reasons:

— there was no need for a threshold level as included in the Commission's amended proposal and
in amendment 6 because the respect of the exposure limit values already guarantees that there
are no known adverse health effects.

— amendment 8 was not adopted because there is no need for a separate definition of ‘assessment’

apart from the provisions on assessment in Article 4.

— amendment 11 was not accepted because what needs to be assessed according to Article 4 is the
risk to the health of the worker and not the level of exposure, as this can be measured.

— amendments 15 and 16 concerning health surveillance were not adopted as the Council
preferred a general reference to Articles 14 and 15 of the Framework-Directive 89/391/CEE
instead of having detailed provisions in this Directive. Additional obligations for health
surveillance were not considered to be appropriate as this Directive, in contrast to the Directives
on noise or vibration, does not cover suggested long-term effects.

— amendments 18, 19 and 20 were redundant as the Common Position does not include a special

provision for derogation or exemptions.

— the Council considered the standard provision in Article 10 on a Committee to assist the

Commission to be appropriate and therefore did not accept amendment 21.

— amendments 39 and 40 were not adopted as the Annex had been restructured following the

ICNIRP Recommendations.

IV. CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives
of the Commission's amended proposal. The Council also considers that it has taken account of several
of the principal objectives pursued by the European Parliament in its proposed amendments.