Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council concerning 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) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-04-22
Institutions: European Commission
Subjects: EC Directive, EC opinion, European Commission, accident prevention, amendment, occupational health, occupational safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.4.2004 
COM(2004) 321 final 

1992/0449 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning 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) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

EN 

   EN 

 
 
 
  
 
 
  
1992/0449 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning 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 

The Commission sent the aforementioned proposal for a Directive, which is based on 
Article  118a  of  the  Treaty  (now  Article  137),  to  Parliament  and  to  the  Council  on 
8 February 1993 (COM(1992) 560 final – 1992/0449 (COD)). 

The  European  Economic  and  Social  Committee  delivered  its  opinion  on  30  June 
1993.  The  Committee  of  the  Regions  stated  in  a  letter  of  13  January  2000  that  it 
would not deliver an opinion. 

The European Parliament adopted an opinion at first reading on 20 April 1994. 

The Commission accepted the 31 amendments proposed by Parliament. Four of them 
were  accepted  only  in  part.  The  Commission  forwarded  its  amended  proposal  on 
8 July 1994. 

The Council adopted its common position unanimously on 18 December 2003. The 
Commission  endorsed  the  common  position  while  expressing  reservations  about 
Article 8 on health surveillance. The Commission felt that the common position had 
watered down the provisions on health surveillance in the Commission proposal by 
taking away the preventive aspect of health surveillance and not entitling workers to 
a medical examination in the event of overexposure. 

On  30  March  2004,  the  European  Parliament  adopted,  at  second  reading,  five 
amendments to the common position of the Council. 

This  opinion  sets  out  the  Commission's  position  on  the  European  Parliament's 
amendments,  pursuant  to  the  third  subparagraph  of  Article  251(2)(c)  of  the  EC 
Treaty. 

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2. 

AIM OF THE 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. 

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,  although  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. 

COMMISSION OPINION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS 

3.1. 

Summary of the Commission's position 

The Commission can accept the European Parliament's five amendments (1, 2, 3, 4 
and  5)  in  their  entirety.  It  feels  that  they  will  add  to  and  improve  the  text  of  the 
common position and reinforce the provisions on health surveillance (Article 8), thus 
responding satisfactorily to the concerns expressed by the Commission. 

1 See statement in the Council minutes of 25 June 2001. 

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3.2. 

The European Parliament's amendments at second reading 

3.2.1.  Amendments accepted 

3.2.1.1.  Amendment 1 ("reference to the consultation and participation of workers pursuant 

to Article 11 of Directive 89/391") (Article 4, paragraph 4) 

This  amendment  clarifies  and  enhances  the  procedure  for  evaluating,  measuring 
and/or calculating the levels of electromagnetic fields to which workers are exposed 
by  adding  that  this  procedure  must  be  carried  out  while  also  taking  account  of  the 
provisions  of  Article  11  of  Directive  89/391  concerning  the  consultation  and 
participation of workers. The Commission therefore accepts this amendment. 

3.2.1.2.  Amendment 2 ("content of the information and training which the worker and/or his 

representative must receive") (Article 6, point d))  

This  amendment  stipulates  that  the  worker  and/or  his  representative  must  receive 
information and training on how to detect adverse health effects of exposure and how 
to report them. The Commission accepts the amendment, as it improves the wording 
of the common position by providing further details and clarification on the content 
of this information and training. 

3.2.1.3.  Amendment 3 ("reinforce the provisions on health surveillance") (Article 8) 

This  amendment  restores  the  preventive  character  of  the  provisions  on  health 
surveillance,  which  is  essential  for  making  it  possible  to  detect  overexposure  at  an 
early stage and to take suitable steps to limit and eliminate it. It not only stipulates 
that the worker must undergo a medical examination when there is reason to believe 
that  exposure  has  exceeded  the  limit  values,  but  also  sets  out  the  procedure  for 
reactivating the system of prevention after a case of overexposure has occurred. The 
Commission can therefore accept this amendment because it responds in an entirely 
satisfactory  way  to  the  reservations  expressed  by  the  Commission  in  its  statement 
concerning Article 8 of the common position. 

3.2.1.4.  Amendment 4 ("Member States shall provide for adequate sanctions to be applicable 
in  the  event  of  infringement  of  national  legislation  adopted  pursuant  to  this 
Directive") (Article 8a (new)) 

This amendment states that the Member States should provide for adequate sanctions 
which must be effective, proportionate and dissuasive in the event of infringement of 
national legislation which transposes the Directive. 

The  Commission  can  accept  this  amendment,  as  it  is  a  "standard"  provision  which 
appears in several Directives relating to the social field. 

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3.2.1.5.  Amendment  5  ("Every  five  years  the  Commission  shall  inform  the  European 
Parliament,  the  Council,  the  European  Economic  and  Committee  and  the  Advisory 
Committee 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  initiative,  in 
particular  as  regards  exposure  to  static  magnetic  fields,  that  may  be  warranted") 
(Article 11, paragraph 2) 

the  other 

institutions  and  bodies  on 

This amendment stipulates how regularly the Commission must supply information 
the  reports  concerning  practical 
to 
implementation and specifies the content of this information, which must also relate 
to any initiative, particularly as regards exposure to static magnetic fields, which may 
be warranted in the light of new scientific knowledge.  

The  Commission  accepts  this  amendment,  as  the  stipulation  concerning  how 
regularly  the  information  must  be  supplied  is  contained  in  other  Directives  on 
occupational  health  and  safety  and  the  reference  to  static  magnetic  fields  is  in  line 
with  the  Commission’s  response  to  the  Council’s  statement  on  electromagnetic 
fields, which was annexed to the common position. 

3.3. 

Amended proposal 

By virtue of Article 250(2) of the EC Treaty, the Commission amends its proposal in 
line with the points set out above. 

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