Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position adopted by the Council for the purposes of 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) (nth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC).
Date: 2004-01-12
Institutions: European Commission
Subjects: accident prevention, electromagnetic interference, health policy, occupational health, occupational safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.1.2004
COM(2004) 14 final

1992/0449 (COD) C

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT

pursuant to the second subparagraph of Article 251(2) of the EC Treaty

concerning the

common position adopted by the Council for the purposes of 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) (nth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC)

.

EN

  EN

1992/0449 (COD) C

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT

pursuant to the second subparagraph of Article 251(2) of the EC Treaty

concerning the

common position adopted by the Council for the purposes of 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) (nth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC)

1. 

BACKGROUND

Proposal  (document  COM(1992)  560  final  –  1992/0449  (COD))  forwarded  to  the
European Parliament* and Council on:

8.2.1993 (OJ C 77, 18.3.1993)
* not subject to the codecision procedure at the time of the proposal.

Opinion delivered by the European Economic and Social Committee on:

30.6.1993 (OJ C 249, 13.9.1993).

Opinion delivered by the Committee of the Regions on*:

* stated in a letter dated 13 January 2000 that it would not deliver an opinion.

Opinion of the Parliament (first reading) delivered on:

20.4.1994 (OJ C 128, 9.5.1994), confirmed on 16.9.1999 (OJ C 54, 25.2.2000).

Amended proposal forwarded to the Council on:

8.7.1994 (OJ C 230, 19.8.1994).

Date of unanimous formal adoption of the common position by the Council:

17.12.2003.

2. 

AIM OF THE COMMISSION PROPOSAL

The original proposal is based on  Article 118a of the Treaty (now  Article 137) and
takes the form of an individual directive within the meaning of Article 16(1) of the
Framework Directive 89/391/EEC.

2

 
Its  aim  is  the  protection  of  workers  against  risks  to  their  health  and  safety  arising
from  exposure  to  physical  agents.  The  proposal  covers  four  physical  agents:  noise
(risks to hearing), vibration (risks to the hand, arm and whole body), electromagnetic
fields and optical radiation (risks to health from induced currents in the body, shocks,
burns and absorption of thermal energy).

The provisions concerning vibration, electromagnetic fields and optical radiation are
new,  whereas  those  concerning  noise  already  existed  in  Council  Directive
86/188/EEC.

Generally speaking, the Council has opted to concentrate on a single physical agent
at a time, starting with vibration.

All  delegations  and  the  Commission  have  accepted  this  approach,  consisting  in
dealing  with  one  aspect  of  the  Commission’s  proposal  at  a  time,  though  without
abandoning the other aspects, which remain on the Council’s agenda to be discussed
at a later date.

The European Parliament and the Council have adopted two directives covering the
first two physical agents, i.e. vibration (Directive 2002/44/EC) and noise (Directive
2003/10/EC).  The  present  proposal  constitutes  the  third  phase  of  the  general
approach adopted by the Council, namely to introduce a separate individual directive
for each physical agent1.

3. 

COMMENTS ON THE COMMON POSITION

3.1. 

General

Owing to the splitting of the proposal, the common position is concerned only with
the specific minimum requirements for the protection of workers from risks to their
health and safety arising or likely to arise from exposure to electromagnetic fields.

The common position sets exposure limit values which are based directly on health
effects  and biological  considerations.  Compliance  with  these limits  will ensure  that
workers  exposed  to  electromagnetic  fields  are  protected  from  all  known  harmful
effects  on  their  health.  The  common  position  also  establishes  action  values  which
constitute  directly  measurable  parameters  for  taking  action  under  the  Directive,
compliance  with  which  will  ensure  that  the  relevant  exposure  limit  values  are  not
exceeded.

These  values  are  largely  based  on  the  ICNIRP2  guidelines  for  limiting  exposure  to
non-ionising radiation (ICNIRP 7/99).

1

2

See statement in the Council minutes of 25 June 2001.
International Commission for Non-Ionising Radiation Protection.

3

 
                                                
The  common  position  does  not  cover  long-term  effects,  including  carcinogenic
effects,  which  could  arise  as  a  result  of  exposure  to  electrical,  magnetic  and
electromagnetic  fields  which  vary  in  time,  in  respect  of  which  there  are  as  yet  no
scientific data which make it possible to establish a causal link.

The common position lays  down action values  for static magnetic  fields. However,
like the Commission’s proposal, and to the extent that current scientific knowledge is
uncertain  as  to  the  health  effects  of  exposure  to  such  fields,  the  common  position
does not stipulate exposure limit values for static magnetic fields.

In  a  statement  entered  in  its  minutes,  the  Council  regretted  that  it  was  not  able  to
address  the  health  effects  resulting  from  occupational  exposure  to  static  magnetic
fields and invited the Commission to closely monitor developments at the ICNIRP in
this area. The Commission replied to this statement by explaining that it will propose
any  updating  that  it  considers  necessary  in  the  light  of  the  evolution  of  scientific
knowledge in this field.

The common position describes the preventive measures needed to reduce the risks
to which workers are exposed. These preventive measures are primarily based on the
employer’s obligation to identify and assess the various risks resulting from exposure
to  electromagnetic  fields.  One  of  the  main  elements  in  the  common  position  is
therefore the assessment of the levels of electromagnetic fields to which workers are
exposed,  which  may  require  measurements  and/or  calculations.  In  this  connection,
the common position states that until harmonised European standards established by
the European Committee for Electrotechnical Standardisation (CENELEC) cover all
assessment,  measurement  and  calculation  situations,  Member  States  may  employ
other scientifically-based standards or guidelines.

On  the  basis  of  the  risk  assessment,  and  unless  the  assessment  carried  out
demonstrates that the exposure limit values are not exceeded and safety risks can be
excluded,  the  employer  is  required  to  devise  and  implement  an  action  plan
comprising  technical  and/or  organisational  measures  intended  to  prevent  exposure
exceeding the limit values.

The  common  position  includes  detailed  provisions  on  information  and  training  for
workers  exposed  to  risks  from  electromagnetic  fields.  It  also  imposes  “appropriate
health surveillance” for workers who might suffer adverse health or safety effects.

Overall,  the  Council’s  common  position  follows  the  lines  of  the  Commission’s
proposal, even though its structure differs as a result of the splitting of the proposal.

However, one major difference compared with the Commission's amended proposal
lies in the watering down of the provisions on health surveillance. The Commission
has expressed a reservation on this; it feels that the provisions are inadequate, as they
take away the preventive aspect of health surveillance and do not entitle workers to a
medical examination in the event of overexposure. The Commission regards this as
unjustifiable  in  a  directive  specifically  concerned  with  excessive  exposure  to
electromagnetic  fields,  the  main  consequences  of  which  are  harmful  effects  on
health.

It is a fact that internal damage resulting  from unrecognised overexposure can only
be detected by a health professional through regular health surveillance.

4

 
Furthermore, Article 8 of the common position (health surveillance) does not comply
with the rules on legislative drafting, as it does not contain any additional obligation
compared with Article 14 of the  Framework Directive 89/391/EEC.  In  practice, the
text of the common position merely copies the said Article 14, despite the fact that
the  proposed  Directive  is  concerned  with  the  specific  risks  of  exposure  to
electromagnetic fields.

3.2. 

The European Parliament’s amendments on first reading

The  European  Parliament’s  amendments  adopted  on  first  reading  which  concern
electromagnetic fields are numbers 1, 4-21, 25 and 37-40.

Amendments 1, 5, 9, 14, 37 and 38 have been accepted in full, both in the common
position and in the amended proposal.

Amendments  4,  7,  13  and  17  have  been  accepted  in  part  in  the  common  position,
whereas they were accepted in full in the amended proposal.

Amendments  6,  8,  10,  11,  18,  19,  20,  21,  39  and  40,  which  were  included  in  the
amended proposal, have not been included in the common position. The Commission
accepts the non-inclusion of these amendments, which are not relevant in view of the
new structure of the text and the new preventive approach imposed by the evolution
of technical knowledge since 1994.

Amendments 15 and 16 on health surveillance, which were included in the amended
proposal,  have  not  been  included  in  the  common  position,  contrary  to  the
Commission’s wishes.

Amendment  12  has  not  been  included  either  in  the  common  position  or  in  the
amended  proposal,  for  reasons  linked  to  the  new  structure  of  the  text  and  the
preventive approach adopted.

Amendment  25,  which  was  not  included  in  the  amended  proposal,  has  been
incorporated into the common position in a slightly modified form.

The  main  differences  between  the  amended  proposal  and  the  Council’s  common
position are as follows:

– 

The  structure  has  been  modified  and  the  articles  renumbered  following  the
decision  to  replace  a  general  directive  on  physical  agents  by  four  individual
directives dealing separately with the four physical agents.

The  Commission  has  accepted  this  split,  provided  that  the  amended  proposal
remains  on  the  Council’s  agenda  until  all  physical  agents  have  been  covered
and  the  Council  gives  a  firm  undertaking  to  continue  its  work  until  all  the
remaining parts of the proposal have been dealt with.

– 

The definitions of exposure limit values and action values have been amended.

The Commission accepts the new definitions, which emphasise the significance
of these values.

5

 
– 

The common position no longer includes threshold levels.

The  Commission  agrees  to  this,  as  threshold  levels  are  of  no  significance  in
respect  of  electromagnetic fields,  since  there  are  no  established  health  effects
below the exposure limit values.

– 

– 

There  is  a  reference  to  harmonised  European  standards  from  the  European
the
Committee 
to
assessment,  measurement  and/or  calculation  of  workers’  exposure 
electromagnetic fields.

for  Electrotechnical  Standardisation 

(CENELEC) 

for 

The Commission accepts this reference, which improves the implementation of
the Directive by making it easier for employers (especially SMEs) to fulfil their
obligations.

The  common  position  makes  provision  for  the  possibility  of  not  carrying  out
the assessment, measurement and/or calculation of exposure to electromagnetic
fields in workplaces open to the public provided that an evaluation has already
been  undertaken 
the  provisions  of  Council
Recommendation 1999/519/EC.

accordance  with 

in 

The  Commission  accepts  this  new  provision,  which  avoids  bureaucratic
constraints  and  the  duplicated  assessment  of  exposure  levels  while  ensuring
health  protection  for  workers,  as  the  values  laid  down  for  the  public  are  five
times more severe than those set out in the common position.

– 

The  provisions  on  health  surveillance  have  been  significantly  watered  down;
the  common  position  merely  refers  to  Articles  14  and  15  of  Framework
Directive 89/391/EEC.

The  Commission  has  a  reservation  concerning  this  aspect  of  the  common
position and has had a statement entered in the Council minutes regretting that
the  common  position  does  not  include  those  elements  of  the  Commission's
amended  proposal,  following  two  amendments  of  the  European  Parliament,
that  emphasise  the  preventive  character  of  medical  surveillance  by  giving
workers  the  right  to  a  medical  examination  in  the  event  of  overexposure  and
allowing  additions  to  the  undertaking’s  prevention  system  based  on  the
findings.

The  provisions  on  activities  involving  an  increased  risk  which  should  be
declared to the competent authorities have been deleted.

The  Commission  accepts  this  deletion,  as  the  risk  assessment  should  in  any
event identify such cases.

The appended tables and provisions have been updated in relation to the latest
ICNIRP recommendations on this subject.

– 

– 

The  Commission  of  course  accepts  this  update,  which  is  based  on  the  latest
scientific and technical developments.

6

 
3.3. 

New provisions introduced by the Council, and the Commission's position

Article 4(3) of the common position states that the assessment, measurement and/or
calculation of workers' exposure to electromagnetic fields need not be carried out in
workplaces  open  to  the  public  provided  that  an  evaluation  has  already  been
undertaken  in  accordance  with  Council  Recommendation  1999/519/EC  on  the
limitation  of  exposure  of  the  general  public  to  electromagnetic  fields,  and  the
restrictions  as  specified  therein  are  respected  for  workers  and  safety  risks  are
excluded.

The Commission agrees with the Council that introducing this provision reduces the
administrative  burden  while  adequately  guaranteeing  workers'  health,  as  exposure
values for the public are significantly lower and therefore provide more protection.

4. 

CONCLUSIONS/GENERAL COMMENTS

The Commission supports the common position in its entirety, with the exception of
the  provisions  of  Article  8  on  health  surveillance,  which  it  considers  to  be
inadequate.

5. 

COMMISSION STATEMENT

Commission’s response to the Council’s statement in its minutes

“The  Commission  reminds  the  Council  that  the  preparatory  scientific  work  for  the
Commission’s proposal was undertaken in close cooperation with ICNIRP.

On  the  basis  of  this  continuous  cooperation,  the  Commission  will  propose  any
updating  that  it  considers  necessary  in  the  light  of  the  evolution  of  scientific
knowledge in this field.”

Statement by the Commission concerning Article 8

“The  Commission,  in  noting  the  Council’s  unanimity,  considers  the  provisions  on
health surveillance unsatisfactory. The Commission regrets that the Council has not
been able to  maintain in the common position those elements  of the  Commission’s
amended  proposal,  following  two  amendments  of  the  European  Parliament,  that
emphasise the preventive character of the medical surveillance and give the right to
medical examination to workers in case of overexposure."

7