Directive 2008/46/EC of the European Parliament and of the Council of 23 April 2008 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) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 2008-04-23
Institutions: Council of the European Union, European Parliament
Subjects: Cenelec, European standard, electromagnetic interference, occupational health, occupational safety

L 114/88

EN

Official Journal of the European Union

26.4.2008

DIRECTIVES

DIRECTIVE 2008/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 April 2008

amending Directive 2004/40/EC on minimum health and safety requirements regarding the
fields)
exposure of workers

arising from physical

(electromagnetic

to the risks

agents

(18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

to protect workers

Directive 2004/40/EC of the European Parliament and of
the Council (3) establishes minimum health and safety
risks
requirements
arising
fields.
Article 13(1) of
that Directive provides that Member
States are to bring into force the laws, regulations and
administrative provisions necessary to comply with the
Directive no later than 30 April 2008.

against
electromagnetic

from exposure

the

to

(3)

(4)

exposure

to the attention of

Directive 2004/40/EC provides for action values and
limit values based on the recommendations of the Inter-
for Non-Ionizing Radiation
national Commission
studies on the
Protection (ICNIRP). New scientific
impact on health of
to electromagnetic
radiation, made public after the Directive was adopted,
have been brought
the European
the Council and the Commission. The
Parliament,
results of
those scientific studies are currently being
examined by the ICNIRP as part of the ongoing review
of its recommendations on the one hand, and by the
World Health Organisation as part of the review of its
environmental health criteria on the other. 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.

impact of the implemen-
In this context, the potential
tation of Directive 2004/40/EC on the use of medical
procedures based on medical
imaging and certain
industrial activities should be reconsidered thoroughly.
A study has been launched by the Commission to
assess directly and quantitatively the situation regarding
medical
imaging. The results of that study, which are
expected in early 2008, should therefore be taken on
similar
board,
studies
in order to ensure a
launched in the Member States,
balance between the prevention of potential risks to
to the benefits
the health of workers and access
available from the effective use of
tech-
nologies in question.

in addition to the results of

the medical

Article 3(3) of Directive 2004/40/EC provides that the
assessment, measurement and/or calculation of workers'
exposure to electromagnetic fields are governed by
harmonised
European
the
Committee
Standardization
(Cenelec). These harmonised standards, which are
the
essential
Directive, must be taken into account and are expected
in 2008.

European standards of
for

smooth application of

Electrotechnical

ensuring

for

(1) Opinion of 12 March 2008 (not yet published in the Official

Journal).

(2) Opinion of the European Parliament of 19 February 2008 (not yet
published in the Official Journal) and Council Decision of 7 April
2008.

(3) OJ L 159, 30.4.2004, p. 1 (corrected version in OJ L 184,
24.5.2004, p. 1). Directive as amended by Directive 2007/30/EC
(OJ L 165, 27.6.2007, p. 21).

(5)

The time required to obtain and analyse that new infor-
mation and to draw up and adopt a new proposal for a
directive justifies the four-year postponement of
the
deadline for transposition of Directive 2004/40/EC,

26.4.2008

EN

Official Journal of the European Union

L 114/89

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Article 13(1) of Directive 2004/40/EC, the first subparagraph
shall be replaced by the following:

‘1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive no later than 30 April 2012. They shall
forthwith inform the Commission thereof.’

Article 3

This Directive is addressed to the Member States.

Done at Strasbourg, 23 April 2008.

Article 2

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

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

J. LENARČIČ