Proposal for 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) (XXth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 2011-06-14
Institutions: European Commission
Subjects: World Health Organisation, accident prevention, electromagnetic interference, occupational health

EUROPEAN COMMISSION 

Brussels, 14.6.2011 
COM(2011) 348 final 

2011/0152 (COD) 

Proposal for 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) (XXth individual Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC) 

{SEC(2011) 750 final} 
{SEC(2011) 751 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The aim of this proposal is to amend Directive 2004/40/EC1 of the European Parliament and 
of the Council of 29 April 2004 on the minimum health and safety requirements regarding the 
exposure of workers to the risks arising from physical agents (electromagnetic fields). 

In  2006,  the  medical  community  informed  the  Commission  of  its  concerns  regarding  the 
implementation  of  this  Directive,  claiming  that  the  exposure  limit  values  laid  down  therein 
would  limit  to  a  disproportionate  extent  the  use  and  development  of  magnetic  resonance 
imaging (MRI), considered today to be a vital tool for the diagnosis and treatment of several 
diseases.  

Subsequently,  other  industrial  sectors  also  expressed  their  concerns  about  the  impact  of  the 
Directive on their activities. 

In response to these concerns, the Commission has taken a number of measures. For reasons 
of transparency, it contacted the Member States and the European Parliament to inform them 
of the measures it planned to take. In this context, it asked the Member States to inform it of 
any  difficulties  associated  with  implementation of  the  Directive.  It  also  launched  a  study  to 
assess the actual impact of the Directive on medical procedures using MRI. The results of this 
study were made available in early 2008. 

Meanwhile, in order to: 

- allow a full analysis of the studies, including that launched by the Commission, regarding 
the potential negative impact of the exposure limit values set by the Directive on the medical 
use of MRI; 

- take into account the results of the review of the new ICNIRP recommendations, and other 
recent recommendations such as the WHO’s environmental health criteria for electromagnetic 
fields based on the latest scientific studies concerning the impact of electromagnetic fields on 
human health, published since the adoption of Directive 2004/40/EC, and, finally, 

- conduct an in-depth impact analysis of the Directive’s provisions and propose amendments 
in  order  to  guarantee  both  a  high  level  of  health  and  safety  protection  for  workers  and  the 
continuation  and  development  of  medical  and  industrial  activities  using  electromagnetic 
fields, 

the deadline for transposition was put back from 30 April 2008 to 30 April 2012 by Directive 
2008/46/EC2  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). 

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2 

OJ L 184, 24.5.2004, p. 23. 
OJ L 114, 26.4.2008, p. 88. 

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The  International  Commission  for  Non-Ionising  Radiation  Protection  (ICNIRP)  has  now 
finalised its review of the guidelines on static magnetic fields and low-frequency time-varying 
fields on which part of the Directive is based. New recommendations were issued in 2009 and 
2010, respectively. In most cases, the reference levels and basic restrictions are set at higher 
levels than in the previous recommendations. 

•  General context 

Directive 2004/40/EC is the 18th 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. It relates to the short-term adverse 
health effects on workers exposed to electromagnetic fields during their work. 

The provisions of the Directive are minimum requirements, with each Member State free to 
adopt stricter rules. 

The  Directive  establishes  exposure  limit  values  for  electric,  magnetic  and  electromagnetic 
fields varying in time at frequencies of between 0 and 300 GHz3. No worker may be exposed 
to  values  exceeding  these  limits,  which  are  based  on  the  health  impact  and  biological 
considerations. 

The Directive also sets action values and orientation values for time-varying and static fields. 
These  values  are  directly  measurable  and  indicate  a  threshold  above  which  employers  must 
take one or more of the actions provided for in the Directive. Compliance with these action 
values will ensure compliance with the relevant exposure limit values. 

The  limits  imposed  by  the  Directive  were  established  on  the  basis  of  the  recommendations 
issued  by  the  ICNIRP  in  1998,  the  organisation  internally  recognised  as  the  authority  on 
assessment of the health impact of this type of radiation. The ICNIRP works closely with all 
the relevant international organisations, such as the WHO, ILO, IRPA, ISO, CENELEC, IEC, 
CIE, IEEE, etc. 

The Directive is based on the prevention philosophy already set out in more general terms in 
Framework Directive 89/391/EEC: 

– 

– 

– 

– 

– 

protection of all workers: whatever their sector of activity, whereby workers exposed 
to the same risks have the same right to be protected; 

obligation on employers to determine and assess risks; 

elimination or, where this is impossible, minimisation of risks identified; 

specific information and training for and consultation of the workers concerned; 

appropriate medical surveillance. 

The Directive applies to all sectors of activity without exception and has to be transposed into 
national legislation no later than 30 April 2012 if no further action is taken. 

3 

300  GHz:  frequency  of  300  billion  hertz  or  cycles  per  second.  The  hertz  (abbreviation  Hz)  is  the 
international unit of frequency. 

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During the discussions preceding its adoption, the specific case of medical resonance imaging 
was  discussed  in  detail  by  both  the  Council  and  the  European  Parliament.  National  experts 
from  institutions  such  as  the  National  Radiation  Protection  Board  (NRPB,  UK),  the  Institut 
national  de  recherche  et  de  sécurité  (INRS,  France),  the  Finnish  Institute  of  Occupational 
Health  (FIOH,  Finland)  and  the  Bundesamt  für  Strahlenschutz  (BfS,  Germany)  provided 
technical  support  for  the  negotiations  in  the  Council.  The  Council  Presidency  sought,  on 
several occasions, the opinion of the ICNIRP. 

In  the  absence  of  any  evidence  of  an  undesirable  impact,  the  joint  legislators  adopted  the 
Directive, with certain amendments to the values originally proposed by the Commission, in 
particular  not  setting  an  exposure  limit  value  for  static  magnetic  fields,  an  essential 
component of MRI, because this value was being amended in the light of the latest scientific 
findings, which appeared as the Directive was being adopted.  

This  proposal  maintains  a  number  of  important  principles  and  provisions  in  the  present 
Directive, such as: 

–  coverage of all sectors of activity , 

–  exposure limit values and action values for electromagnetic fields in the frequency range 

from 100 kHz to 300 GHz, 

–  provisions aimed at avoiding or reducing risk, 

–  information and training of workers, 

–  consultation and participation of workers, 

–  sanctions, 

–  medical surveillance. 

The  most  important  changes  introduced  by  the  proposal,  taking  into  account  the  latest 
scientific findings in this area, are the following: 

–  clearer  definitions,  in  particular  for  adverse  health  effects  (Article  2  of  Directive 

2004/40/EC), 

–  inclusion of a revised system for limit and reference values different from the current limit 
values and action values for the range from 0 to 100 kHz (this will affect Articles 2 and 3 
of Directive 2004/40/EC plus its annex), 

–  introduction of indicators to facilitate measurements and calculations (Article 3(3)) and to 
give guidance on taking measurement uncertainties into account. Product safety legislation 
set by Directives 1999/5/EC and 2006/95/EC ensures that the public, including workers are 
not exposed to levels beyond those set by Recommendation 1999/519/EEC, provided that 
the products are used as intended. Since levels set for the public are lower than those set 
for  workers  and  include  protection  against  long-term  effects,  compliance  with  these 
Directives provides for sufficient protection under this Directive in these situations. 

–  introduction  of  some  guidance  to  ensure  simplified  but  more  efficient  risk  assessments 
(Article 4) in order to facilitate the evaluation work and also to limit the burden on SMEs, , 

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–  introduction of limited but appropriate flexibility by proposing a controlled framework for 

limited derogations for industry, 

–  inclusion of a rationale for medical surveillance (Article 8), 

–  special attention to the specific case of medical applications using magnetic resonance and 

related activities, and 

–  provision for complementary non-binding measures such as a non-binding practical guide. 

•  Consistency with other European Union policies and objectives 

This  proposal  is  consistent  with  the  objectives  of  other  policies  of  the  European  Union,  in 
particular those for the improvement of the regulatory framework in order to develop a clear, 
understandable, up-to-date and user-friendly body of secondary EU legislation, in the interests 
of citizens and economic operators. It will also enable the provisions of the current Directive 
to  be  updated  in  the  light  of  the  latest  scientific  findings  on  the  impact  of  electromagnetic 
radiation  on  health,  which  were  not  yet  available  at  the  time  of  the  adoption  of  Directive 
2004/40/EC. It furthermore is intended to be consistent  with related legislation that protects 
users  of  products  that  produce  EMF  in  so  far  that  it  does  not  require  that  EMFs  from  such 
products have to be reassessed under this Directive but can be presumed as being below the 
levels set for the public in Council Recommendation 1999/519/EEC. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

- Consultation of the Advisory Committee for Safety and Health at Work, in accordance with 
the Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health 
at Work. The Committee has been invited to adopt an opinion by the end of March 2011. 

-  Consultation  of  scientific  experts  in  this  area  and  the  International  Commission  for  Non-
Ionising Radiation Protection at bilateral meetings with the Commission. 

- Consultation of the social partners in accordance with Articles 154(2) and (3) of the Treaty 
on  the  Functioning  of  the  European  Union  (TFEU).  The  first  consultation  (Article  154(2) 
TFEU) took place between 1 July and 10 September 2009. The second stage of consultation 
under  Article  154(3)  took  place  between  20  May  and  5  July  2010  and  was  carried  out 
independently from the impact assessment. 

The results can be summarised as follows: 

•  In general, both trade unions and employers agree that there is a justified need for 
a  new  Directive  to  protect  workers  from  the  health  risks  caused  by  exposure  to 
electromagnetic  fields.  However,  certain  employer  representatives  (SMEs  and 
some national organisations) indicate their preference for non-binding instruments 
instead of a Directive.  

•  It is commonly accepted that the limit values in the current Directive are too low 
and based on too conservative assumptions; but while the employers are in favour 

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of  relaxing  the  limits,  the  workers’  representatives  want  the  long-term  health 
effects to be covered in the future Directive.  

•  Exempting  some  categories  of  workers  from  the  scope  of  the  Directive  is  not 
welcomed  by  employers  in  the  industry  sector  (except  MRI  equipment 
manufacturers).  Also,  allowing  derogations  from  exposure  limits  in  specific 
branches (health care) poses some problems for the industry sector. 

•  The social partners confirm that no category of workers should be excluded from 
the benefits of any new legal instrument, provided that the new instrument gives 
the appropriate flexibility needed to allow activities to be continued. 

•  While employers are very much in favour of a flexible approach also allowing for 
exceptions, workers’ organisations fear that flexibility may reduce the protection 
of workers unless there are strict controls. 

•  Adaptation  of  the  exposure  limit  values  defined  in  the  current  Directive  is 
acceptable  to  both  employers’  and  workers’  organisations,  along  with  the 
introduction  of  a  zoning  approach  to  allow  for  light  risk  assessments  in  less 
problematic situations. There is also a consensus on the importance of operational 
guidance. 

•  Medical  checks  after  situations  of  overexposure  above  the  limit  values  are 
welcomed  as  a  default  approach  by  the  trade  unions.  Employers’  organisations 
and  the  medical  profession  raise  doubts  as  to  whether  this  is  reasonable  for  the 
low frequency range, where it might be difficult to detect effects. 

•  Derogations  from  the  limit  values  for  the  medical  sector  to  facilitate  MRI 
treatment  are  viewed  with  scepticism  by  other  sectors,  whereas  trade  unions 
recommend a sunset clause to avoid the erosion of protective legislation. 

•  Gathering and use of expertise 

The  Commission  consulted  with  internationally  recognised  scientific  experts  on  the  health 
impact  of  electromagnetic  radiation.  The  Commission  also  launched  the  study  referred  to 
above to determine exposure levels for medical staff and their impact on the procedures used 
for medical MRI. 

•  Impact assessment 

From discussions and consultations with stakeholders, the following options emerged: 

Policy option A: ‘Do nothing’ 

In  practical  terms,  this  means  that  Directive  2004/40/EC  has  to  be  transposed  by  30  April 
2012 into legislation in all the Member States.  

Policy option B: ‘New Directive with revised exposure limits’ 

Directive 2004/40/EC is replaced by a new Directive with revised exposure limit values that 
are higher than the previous ones, but are in line with scientific evidence. 

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Policy option C1: ‘New Directive with revised exposure limits and partial exemptions’ 

Directive  2004/40/EC  is  replaced  by  a  new  Directive  with  revised  exposure  limit  values 
higher than the previous ones, but in line with scientific evidence (as in option B). In addition, 
conditional  exemptions  are  provided  for  MRI,  which  will  however  remain  subject  to  the 
general EMF risk management requirements and covered by the new Directive.  

Policy option C2: ‘New Directive with revised exposure limits and complete exemption for 
MRI’ 

Directive  2004/40/EC  is  replaced  by  a  new  Directive  with  revised  exposure  limit  values 
higher than the previous ones, but in line with scientific evidence (as in option B). Medical 
MRI will be exempted entirely from all the requirements of the EMF Directive. 

Policy option D1: ‘Replacement of the Directive by a Recommendation’ 

replaced  by  non-binding  occupational  EMF  exposure 
Directive  2004/40/EC 
recommendations,  based  on  the  latest  international  recommendations.  The  form  of  these 
recommendations would be similar to the Council Recommendation on EMF exposure of the 
general public (1999/519/EEC). 

is 

Policy option D2: ‘Voluntary agreements between the social partners’ 

Directive  2004/40/EC  is  replaced  by  voluntary  agreements  at  European  or  sectoral  level 
between social partners in accordance with Article 154(4) TFEU.  

Policy option E: ‘No EU legislation’ 

Directive  2004/40/EC  is  repealed  while  Directive  89/391/EEC  (Framework  Directive)  and 
existing national regulatory provisions on the subject remain in force. The absence of national 
regulations in some Member States will allow unregulated occupational EMF exposures. For 
this option, it may be assumed that for example those countries which have already (partially) 
implemented the EMF Directive would not repeal their EMF legislation. 

These  options  were  considered  as  relevant  by  the  stakeholders.  Alternative  options  not 
analysed  in  detail  include  adopting  a  more  sectoral  approach,  restricting  legislation  to  the 
provision  of  safe  equipment  or  exclusively  focusing  on  ‘soft’  policy  instruments  such  as 
information campaigns and guidance documents. 

The  current  proposal  is  in  line  with  Option  C1.  Option  C1  is  also  acceptable  for  a  large 
majority of stakeholders. The compliance costs are higher than for option E but lower than for 
option A, which will be the situation as from 1 May 2012 if Directive 2004/40/EC remains in 
force. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed measures 

The  proposal  amends  the  relevant  articles  and  annexes  of  Directive  2004/40/EC  in  order  to 
achieve  the  objectives  mentioned  under  point  1  above.  Instead  of  making  a  long  list  of 
complex amendments to Directive 2004/40/EC, the present Directive repeals and replaces that 

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Directive in order to achieve a clear, simple and precise text, which is transparent and readily 
understandable to the public and economic operators. 

•  Legal basis 

Article 153(2) of the Treaty on the Functioning of the European Union. 

•  Subsidiarity principle 

The subsidiarity principle applies in so far as the proposal concerns a field — the protection 
of  the  health  and  safety  of  workers  at  work  —  which  does  not  fall  under  the  exclusive 
competence of the European Union. 

The objectives of the proposal cannot be achieved sufficiently by the Member States, as the 
provisions of directives cannot be amended or repealed at national level. 

The attainment of the objectives of the proposal can be achieved only by Union action, as this 
proposal amends an act of EU law which is currently in force, which cannot be done by the 
Member States themselves. 

The principle of subsidiarity is respected in as much as the proposal amends existing Union 
legislation. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason. 

It aims to guarantee the protection of workers exposed to EMF while simplifying the burden 
on employers compared with the situation under Directive 2004/40/EC. 

•  Choice of instruments 

Proposed instrument: directive. 

No other instruments would have been suitable. The aim is to amend a directive and the only 
way to do this is to adopt another directive. 

4. 

BUDGETARY IMPLICATIONS 

The  proposal  has  no  implications  for  the  Union  budget  except  for  the  meetings  of  the 
proposed  committees.  The  appropriations  will  be  taken  from  the  existing  budget  lines  as  is 
usually  done  for the  functioning  of  the Advisory  Committee  for  Safety  and  Health  at  Work 
(PROGRESS administrative line) and for the invitation of experts (general line). 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  contributes  to  the  simplification  of  the  legislative  framework  by  introducing 
appropriate proportionality and flexibility. 

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•  Repeal of existing legislation 

The adoption of the proposal will entail the repeal of Directive 2004/40/EC. 

•  European Economic Area 

This draft instrument is concerned with a subject covered by the  EEA  Agreement  and  must 
therefore be extended to cover the European Economic Area. 

•  Detailed explanation of the proposal by chapter or by article 

This proposal amends a number of articles and annexes of Directive 2004/40/EC.  

Article  1 of  the  proposal  is  almost  unchanged  compared  to  Directive  2004/40/EC  and 
addresses  the  aim  and  scope  of  the  proposal.  A  new  sentence  in  paragraph  2  explicitly 
mentions the existence of direct and indirect effects due to exposure to EMF. Both types of 
effects are covered by the Directive. 

Article 2 defines ‘electromagnetic fields’, ‘exposure limit values’ and ‘action values’, as was 
the  case  in  Directive  2004/40/EC.  The  new  article  also  defines  the  ‘orientation  values’ 
introduced in the proposal and ‘adverse health effects’ and 'adverse safety effects' for the sake 
of clarification. 

Article 3  

This article refers to the exposure limit values and action values as in Directive 2004/40/EC. 
However,  paragraph  1  briefly  sets  out  the  roles  of  the  new  orientation  and  action  values  in 
order  to  achieve  the  proportionality  required  by  stakeholders.  This  applies  to  the  frequency 
range  from  0  Hz  to  100  kHz.  From  100  kHz  to  300GHz,  the  levels  remain  the  same  as  in 
Directive 2004/40/EC, as no new recommendations have been published since 1998. 

Paragraph 3 is similar to the corresponding paragraph of Directive 2004/40/EC but has been 
adapted to limit extensive measurements to cases where they are really necessary. This will in 
practice simplify the carrying out of the risk assessment for a large majority of workplaces.  

Paragraph 4 is new and provides an exemption from the exposure limits for the medical MRI 
sector and related activities, which will continue to be subject to all other obligations.  

Paragraph 5 is new and provides the right for the military to use a protection system adapted 
to its specific working situations (e.g. radars). This request was made by NATO, which uses a 
protection  system  based  on  recommendations  proposed  by  IEEE.  This  system  can  be 
considered equivalent to the system set out in this proposal. 

Paragraph 6 is new and provides for temporary derogations under controlled conditions where 
the exposure limits are likely to be exceeded. 

Article  4  concerns  the  ‘determination  of  exposure  and  assessment  of  risks’  as  in  Directive 
2004/40/EC. 

Paragraphs 1 to 3 and 6 remain unchanged. Paragraph 4 has been slightly modified to meet 
the aim for more flexibility and proportionality. 

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Paragraph  5  remains  unchanged  except  for  point  (c),  where  groups  at  particular  risk  are 
defined  more  precisely.  Also,  the  limit  in  (d)(ii)  concerning  static  magnetic  fields  for  the 
projectile risk from ferromagnetic objects has been raised from 3 to 30 mT, in line with the 
current updated evidence. 

Article  5  ‘Provisions  aimed  at  avoiding  or  reducing  risks’  is  substantially  unchanged.  Only 
small changes have been made in order to ensure consistency. 

Article  6  on  ‘Worker  information  and  training’  has  been  changed  only  slightly  to  ensure 
consistency. 

The same applies to Article 7 on ‘Consultation and participation of workers’. 

Article  8  on  ‘Health  surveillance’  has  been  amended  to  introduce  a  distinction  between 
exposure in the low frequency range (0 Hz to 100 kHz) and exposure in the high frequency 
range.  The  change  takes  into  account  the  fact,  confirmed  by  medical  experts,  that  effects 
induced  by  low  frequency  fields  cannot  be  observed  once  the  worker  has  left  the  area  of 
undesired  exposure.  Any  health  damage  resulting  from  such  exposure  therefore  cannot  be 
determined by a medical examination. 

Article 9 on ‘Sanctions’ remains identical to the same article in Directive 2004/40/EC. This 
article was introduced by the EP during the discussions preceding the adoption of Directive 
2004/40/EC. 

Article 10 ‘Technical amendments’. Compared with the same article in Directive 2004/40/EC, 
significant  changes  have  been  introduced.  The  first  paragraph,  containing  a  reference  to  the 
legislative procedure laid down in Article 153(2) with regard to the adoption of modifications 
of  the  exposure  limit  values,  has  been  deleted  since  the  proposal  itself  is  based  on  Article 
153(2)  of  the  Treaty  and  it  is  not  necessary  to  refer  to  it  again  in  the  enacting  terms.  The 
European  Parliament  and  the  Council  do  not  empower  the  Commission  to  modify  the 
exposure  limit  values.  Any  such  modifications  would  therefore  not  be  introduced  by  the 
Commission  delegated  acts  but  by  amendments  of  the  Directive  according  to  the  procedure 
laid down in Article 153(2) TFEU. However, the actual directly measurable reference levels, 
i.e.  the  orientation  and  action  values,  are  considered  as  amendments  of  a  strictly  technical 
nature  in  the  proposal  and  are  therefore  referred  to  under  a  new  point  c)  added  in  the  first 
subparagraph  of  Article  10.  This  will  facilitate  appropriate  and  timely  changes  if  scientific 
knowledge and refined modelling methods justify simplifications or adaptations in this area. 
In  the  light  of  the  new  ‘comitology’  rules  introduced  by  the  Lisbon  Treaty,  the  purely 
technical amendments to Annexes referred to in Article 10 are measures of general scope that 
are  designed  to  amend  non-essential  elements  of  the  Directive.  They  thus  come  under 
‘delegated acts’ within the meaning of Article 290 TFEU, and the procedure laid down in that 
Article  (on  delegating  powers)  should  be  used  to  adopt  those  technical  amendments. 
Consequently, the power for the Commission to make use of this procedure is included in this 
Article  10,  along  with  the  possibility  to  use  an  urgency  procedure  referred  to  in  the  second 
subparagraph of this Article. 

Article  11  The  old  ‘comitology’  procedure  referred  to  in  Directive  2004/40/EC  has  been 
replaced by new rules on delegating powers introduced by the Lisbon Treaty. Consequently, 
this article sets out the formal procedure under Article 290 TFEU concerning the exercise of 
the  power  conferred  on  the  Commission  to  adopt  delegated  acts  designed  to  amend  the 
Directive by making purely technical amendments to its Annexes.  

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The former Article 12 of Directive 2004/40/EC, ‘Reports’ has been removed because it was 
repealed by Article 3(20) of Directive 2007/30/EC. The provisions for implementation reports 
for all the individual Directives within the meaning of Article 16(1) of Directive 89/391/EEC 
are now in Article 17a of Directive 89/391/EEC.  

Article  12  ‘Urgency  procedure’  lays  down  rules  on  the  exercise  of  the  urgency  procedure 
under the power conferred on the Commission to adopt delegated acts. The possibility to use 
the urgency procedure is accepted in the field of the protection of health and safety according 
to  the  interinstitutional  Common  Understanding  on  delegated  acts.  This  possibility  was 
already provided by the old EMF directive 2004/40. It will only be used in exceptional cases, 
where imperative grounds of urgency so require, such as possible imminent risks to workers' 
health and safety arising from their exposure to electromagnetic fields. 

Article  13  is  new  and  refers  to  the  need  to  establish  a  practical  guide  in  order  to  facilitate 
implementation  of  the  Directive.  This  practice  is  already  followed  in  other  directives,  in 
particular in the latest Directive 2006/25/EC on physical agents (artificial optical radiation).  

Articles  14,  15,  16  and  17  are  provisions  concerning  reporting,  transposition,  the  repeal  of 
Directive 2004/40/EC and entry into force. 

Annex I introduces a number of physical quantities not included in the main text (Article 2). 
This option is considered preferable for better coherence of the text of the proposal. 

Annex II is an important part of the proposal because it sets out all the elements required to 
ensure more flexibility and proportionality in the frequency range from 0 Hz to 100 kHz. It 
introduces  in  practice  the  ‘zoning’  system  supported  by  most  stakeholders  together  with 
measures to facilitate risk assessment procedures whenever possible. 

Annex  III  covers  the  higher  end  of  the  frequency  spectrum.  As  there  have  been  no  new 
international  recommendations  over  recent  years  in  this  area,  the  changes  are  limited  to  a 
different presentation and some elements to facilitate the work of employers. 

Annex IV is specific to medical magnetic resonance (MR). It is designed to ensure the smooth 
and  harmonised  application  of  appropriate  qualitative  protection  measures  in  a  controlled 
environment. 

Annex  V  includes  a  list  of  legislative  acts  amending  Directive  2004/40/EC  (referred  to  in 
Article  15)  and  a  correlation  table  between  the  provisions  of  Directive  2004/40/EC,  as 
amended, and this proposal.  

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2011/0152 (COD) 

Proposal for 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) (XXth individual Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  functioning  of  the  European  Union,  and  in  particular 
Article 153(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

(2) 

(3) 

Under  the  Treaty  the  Council  may,  by  means  of  directives,  adopt  minimum 
requirements  for  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. 

Article  31(1)  of  the  Charter  of  Fundamental  Rights  of  the  European  Union  provides 
that every worker has the right to working conditions which respect his or her health, 
safety and dignity. 

After the entry into force of Directive 2004/40/EC of the European Parliament and of 
the  Council  of  29  April  2004  on  the  minimum  health  and  safety  requirements 
regarding  the  exposure  of  workers  to  the  risks  arising  from  physical  agents 
(electromagnetic  fields)6,  serious  concerns  were  expressed  by  stakeholders,  in 
particular  from  the  medical  community,  as  to  the  potential  impact  of  the 
implementation of that Directive on the use of medical procedures based on medical 

4 
5 
6 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 184, 24.5.2004, p. 1. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

imaging.  Concerns  were  also  expressed  as  to  the  impact  of  the  Directive  on  certain 
industrial activities.  

The Commission examined attentively the arguments put forward by stakeholders and 
after  several  consultations  decided  to  reconsider  thoroughly  some  provisions  of 
Directive  2040/40/EC,  on  the  basis  of  new  scientific  information  produced  by 
internationally recognised experts.  

Directive 2004/40/EC was amended by Directive 2008/46/EC of 23 April 20087, with 
the  effect  of  postponing  by  four  years  the  deadline  for  transposition  of  Directive 
2004/40/EC. This would allow the Commission to present a new proposal, and the co-
legislators to adopt a new directive based on fresher and sounder evidence.  

Directive  2004/40/EC  should  be  repealed  and  more  appropriate  and  proportionate 
measures  protecting  workers  from  the  risks  associated  with  electromagnetic  fields 
should  be  introduced.  However,  it  does  not  address  the  long-term  effects,  including 
possible  carcinogenic  effects  of  exposure  to  time-varying  electric,  magnetic  and 
electromagnetic  fields,  for  which  there  is  currently  no  conclusive  scientific  evidence 
establishing a causal relationship. The present measures should be 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  Union  workers,  while  reducing  possible 
distortions of competition. 

This  Directive  lays  down  minimum  requirements,  thus  giving  Member  States  the 
option  of  maintaining  or  adopting  more  favourable  provisions  for  the  protection  of 
workers, in particular the fixing of lower values for the orientation values and action 
values  or  the  exposure  limit  values  for  electromagnetic  fields.  However,  the 
implementation of this Directive should not serve to justify any regression in relation 
to the situation already prevailing in each Member State. 

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

Protecting  workers  exposed  to  electromagnetic  fields  requires  the  carrying  out  of  an 
effective  and  efficient  risk  assessment.  However, 
this  obligation  should  be 
proportional to the situation encountered at the workplace. Therefore, it is appropriate 
to  define  a  protection  system  that  graduates  the  level  of  risk  in  a  simple  and  easily 
understandable  way.  Consequently,  the  reference  to  a  number  of  indicators  and 
standard situations can usefully assist employers in meeting their obligation. 

(10)  The  undesired  effects  on  the  human  body  are  dependent  on  the  frequency  of  the 
electromagnetic field or radiation to which it is exposed, from 0 Hz until 100 kHz and 
above  100  kHz,  therefore  two  different  exposure  limitation  systems  need  to  be 
considered to protect workers exposed to electromagnetic fields. 

(11)  The  level  of  exposure  to  electromagnetic  fields  can  be  more  effectively  reduced  by 
incorporating  preventive  measures  into  the  design  of  workstations  and  by  selecting 

7 

OJ L 114, 26.04.2008, p. 88-89. 

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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. There is however a need to avoid the duplication 
of  assessments,  where  work  equipment  meets  the  requirements  of  EU  product 
legislation  that  establishes  more  severe  safety  levels  than  those  provided  for  by  this 
Directive  and  especially  Directive  1999/5/EC  and  2006/95/EC.  This  allows  for 
simplified assessment in a large group of cases. 

(12)  Employers  should  make  adjustments  in  the  light  of  technical  progress  and  scientific 
knowledge  regarding  the  risks  related  to  exposure  to  electromagnetic  fields,  with  a 
view to improving the safety and health protection of workers. 

(13)  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 work8, that Directive 
therefore  applies  to  the  exposure  of  workers  to  electromagnetic  fields,  without 
prejudice to more stringent and/or specific provisions contained in this Directive.  

(14)  The  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning of the European Union should be delegated to the Commission in order to 
empower it to make purely technical amendments of the Annexes to this Directive, in 
line  with  the  adoption  of  directives  in  the  field  of  technical  harmonisation  and 
standardisation and as a result of the technical progress, changes in the most relevant 
harmonised  European  standards  or  specifications  and  new  scientific  findings 
concerning electromagnetic fields, as well as to adjust the orientation and action values 
and  the  related  lists  of  activities,  workplaces  and  types  of  equipments.  It  is  of 
particular importance that the Commission carry out appropriate consultations during 
its preparatory work, including at expert level. The Commission, when preparing and 
drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and  appropriate 
transmission of relevant documents to the European Parliament and Council. 

(15) 

In exceptional cases, where imperative grounds of urgency so require, such as possible 
imminent  risks  to  workers'  health  and  safety  arising  from  their  exposure  to 
electromagnetic fields, the possibility should be given to apply the urgency procedure 
to delegated acts adopted by the Commission. 

(16)  A  system  including  exposure  limit  values,  orientation  values  and  action  values, 
wherever  applicable,  should  be  seen  as  a  means  to  facilitate  the  provision  of  a  high 
level of protection against the established adverse health effects that may result from 
exposure  to  electromagnetic  fields.  But  such  a  system  may  conflict  with  specific 
conditions in certain activities, such as medical procedures using magnetic resonance 
techniques  or  military  operations  where  interoperability  is  required  and  where 
internationally  accepted  standards  providing  an  equivalent  protection  of  workers 
subject to specific exposure situations are already in place. It is therefore necessary to 
take these particular conditions into account. 

(17)  A system ensuring a high level of protection as regards the adverse health effects that 
may result from exposure to electromagnetic fields should take due account of specific 

8 

OJ L 183, 29.6.1989, p. 1. 

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groups of workers and avoid interference problems with, or effects on the functioning 
of, medical devices such as metallic prostheses, cardiac pacemakers and defibrillators, 
cochlear 
implants.  Interference  problems  especially  with 
pacemakers  may  occur  at  levels  below  the  orientation  and  action  values  and  should 
therefore be the object of appropriate precautions and protective measures. 

implants  and  other 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 
Subject-matter and scope 

This  Directive,  which  is  the  20th  individual  Directive  within  the  meaning  of  Article 
1. 
16(1)  of  Directive  89/391/EEC,  lays  down  minimum  requirements  for  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. 

2. 
This  Directive  relates  to  the  direct  risks  to  the  health  and  safety  of  workers  due  to 
known short-term adverse effects in the human body caused by induced electric or magnetic 
fields, by energy absorption and by contact currents. It also covers indirect health and safety 
effects. 

3. 

4. 

This Directive does not address long-term effects. 

This Directive does not address the risks resulting from contact with live conductors. 

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

Article 2 
Definitions 

1. 

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

‘electromagnetic  fields’:  static  electric,  static  magnetic  and  time-varying  electric, 

(a) 
magnetic and electromagnetic fields with frequencies up to 300 GHz; 

‘adverse  health  effects’:  biological  effects  that  have  a  detrimental  effect  on  mental, 
(b) 
physical  and/or  general  well-being  of  exposed  workers.  In  this  Directive,  only  short-term 
effects are considered; 

(c) 
"adverse safety  effects": effects creating temporary annoyance  or affecting cognition 
or  other  brain  or  muscle  functions  and  may  thereby  affect  the  ability  of  a  worker  to  work 
safely; 

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(c) 
‘direct effect’: effect on the human body directly provoked by the presence of a strong 
magnetic or electric field, for example the stimulation of muscles, nerves or sensitory organs, 
tissue heating, vertigo or headaches; 

‘indirect  effect’:  effect  on  an  object,  due  to  the  presence  of  a  strong  electric  or 
(d) 
magnetic field, which may become the cause of a safety or health hazard, for example contact 
currents, ferromagnetic projectiles or interference with active implantable medical devices; 

‘exposure limit values’: limits on exposure to electromagnetic fields which have been 
(e) 
established  on  the  basis  of  known  health  effects  and  biological  considerations.Compliance 
with  the  exposure  limits  values  for  health  effects  will  ensure  that  workers  exposed  to 
electromagnetic  fields  are  protected  against  all  known  adverse  health  effects.  Compliance 
with  the  exposure  limits  values  for  safety  effects  will  ensure  that  workers  exposed  to 
electromagnetic fields are protected against all known adverse health and safety effects;  

(f) 
‘orientation value’ and ‘action value’: directly measurable — frequency-dependent — 
parameters,  the  magnitude  of  which  is  established  in  terms  of  electric  field  strength  (E), 
magnetic  field  strength  (H),  magnetic  flux  density  (B)  and  power  density  (S),  and  at  which 
one or more of the measures specified in this Directive must be taken,  

2. 
The  "orientation  value"  referred  to  in  point  (f)  of  paragraph  1  corresponds  to  a  field 
level where no adverse health effect should be noticed under normal working conditions and 
for persons not being part of a group at particular risk. As a consequence, the depth of the risk 
assessment procedure can be reduced to a minimum. Compliance with the orientation value 
will ensure compliance with the relevant exposure limit values for safety and health effects. 

The "action value" referred to in point (f) of paragraph 1 corresponds to the maximum directly 
measurable field for which automatic compliance with the exposure limit value is guaranteed. 
Any  exposure  level  between  the  "orientation  value"  and  the  "action  value"  requires  more 
extensive evaluations and preventive measures. Compliance with the action value will ensure 
compliance with the relevant exposure limit values for health effects. 

Article 3 
Exposure limit values, orientation values and action values 

Exposure  limit  values  as  well  as  orientation  and  action  values  for  both  electric  and 

1. 
magnetic fields in the frequency range from 0 to 100 kHz shall be as set out in Annex II.  

For  exposure  levels  above  the  action  value,  appropriate  verifications  shall  demonstrate  that 
the  exposure  level  is  not  exceeding  the  relevant  exposure  limit  value  for  health  effects.  For 
exposure  levels  above  the  orientation  value,  appropriate  verifications  shall  demonstrate  that 
the exposure is not exceeding the relevant exposure limit values for safety and health effects 
or  by  demonstrating  that  the  exposure  level  is  below  the  action  value.  In  the  latter  case, 
preventive measures and information to workers shall be adapted.  

Exposure  limit  values  and  action  values  for  both  electric  and  magnetic  fields  in  the 

2. 
frequency range from 100 kHz to 300 GHz shall be as set out in Annex III. 

For exposure of levels above the action level, appropriate verifications shall demonstrate that 
the exposure is not exceeding the relevant exposure limit value for health effects. 

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3. 
For  the  assessment,  measurement  and/or  calculation  of  workers’  exposure  levels  to 
electromagnetic fields likely to be significantly below the action value, simple methods may 
be used. For the other cases where the exposure level is likely to be close or above the action 
value, Member States shall give guidance based on available harmonised European standards 
established by the European Committee for Electrotechnical Standardisation (CENELEC) or 
on other scientifically-based standards or guidelines.  

4. 
By  way  of  derogation,  paragraphs  1  and  2  shall  not  apply  to  medical  applications 
using  the  magnetic  resonance  effect  and  the  following  related  activities:  integral  system 
testing  before  release  for  shipment,  installation,  cleaning,  maintenance,  research  and 
development activities. In these particular cases, specific protection measures shall be put in 
place. For this purpose the Commission shall consult the existing working groups and proceed 
according to the measures set out in Annex IV. 

5. 
By  way  of  derogation,  paragraphs  1  and  2  shall  not  apply  to  the  armed  forces  in 
Member  States  where  an  equivalent  and  more  specific  protection  system  such  as  NATO 
standard STANAG 2345 is already in place and implemented. Member States shall inform the 
Commission of the existence and effective implementation of such protection systems when 
notifying  the  transposition  of  the  provisions  of  this  Directive  into  national  legislation  in 
accordance with Article 14. 

6. 
Without  prejudice  to  paragraphs  4  and  5,  workers  may  not  be  exposed  above  the 
exposure  limit  values  for  health  effects.  For  specific  situations  where  these  values  may 
temporarily be exceeded, Member States may put in place a system authorising work under 
controlled  conditions  and  on  the  basis  of  a  comprehensive  risk  assessment  setting  out  the 
actual exposure levels and their likelihood and comparing them to the exposure limit values 
defined inAnnexes II and III. Such specific situations shall be reported to the Commission in 
the report referred to rin Article 17a of Directive 89/391/EEC. 

CHAPTER 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  electromagnetic  fields  to  which  workers  are  exposed.  Assessment,  measurement  and 
calculation may be carried out using the guidance provided in Annexes II and III. For specific 
cases not referred to in these Annexes, the employer may use harmonised European standards 
established  by  CENELEC  for  relevant  assessment,  measurement  and  calculation  situations. 
The employer shall also be entitled to use other scientifically based standards or guidelines if 
required  by  the  Member  State  concerned.  When  relevant,  the  employer  shall  also  take  into 
account  the  emission  levels  and  other  safety-related  data  provided  by  the  manufacturers  of 
equipment in accordance with relevant Union legislation. 

2. 
On  the  basis  of  the  assessment  of  the  levels  of  electromagnetic  fields  undertaken  in 
accordance  with  paragraph  1,  if  any  of  the  action  values  referred  to  in  Annexes  II  or  III  is 

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exceeded, the employer shall further assess and, if necessary, calculate whether the exposure 
limit values for health effects 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 
electromagnetic  fields  (0  Hz  to  300 GHz)9,  and  the  restrictions  as  specified  therein  are 
respected for workers and safety risks are excluded. Where equipment, intended for the public 
and  complying  with  EU  product  legislation  and  especially  Directives  1999/5/EC  and 
2006/95/EC are being used as intended these conditions are met. 

The  assessment,  measurement  and/or  calculations  referred  to  in  paragraphs  1  and  2 
4. 
shall be planned and carried out by competent services or persons at suitable intervals, taking 
into account the guidance given in Annexes II and III and taking particular account of Articles 
7  and 11  of  Directive  89/391/EEC  concerning  the  necessary  competent  services  or  persons 
and  the  consultation  and  participation  of  workers.  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. 

Pursuant  to  Article  6(3)  of  Directive  89/391/EEC,  the  employer  shall  give  particular 

5. 
attention, when carrying out the risk assessment, to the following: 

(a) 

the frequency spectrum and the level, duration and type of exposure; 

the exposure limit values and action values referred to in Article 3 and Annexes II and 

(b) 
III to this Directive; 

(c) 
any  effects  concerning  the  health  and  safety  of  workers  at  particular  risk  such  as 
workers  who  have  declared  to  the  employer  that  they  wear  an  Active  Implanted  Medical 
Device and women who have declared that they are pregnant; 

(d) 

any indirect effects, such as: 

interference with medical electronic equipment and devices (including cardiac 

(i) 
pacemakers and other implanted devices as referred to in point (c)); 

the  projectile  risk  from  ferromagnetic  objects  in  static  magnetic  fields  with  a 

(ii) 
magnetic flux density greater than 30 mT; 

(iii) 

the initiation of electro-explosive devices (detonators); 

fires  and  explosions  resulting  from  the  ignition  of  flammable  materials  by 

(iv) 
sparks caused by induced fields, contact currents or spark discharges; 

the  existence  of  replacement  equipment  designed  to  reduce  the  level  of  exposure  to 

(e) 
electromagnetic fields; 

9 

OJ L 199, 30.7.1999, p. 59. 

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appropriate  information  obtained  from  health  surveillance,  including  published 

(f) 
information; 

(g) 

multiple sources of exposure; 

(h) 

simultaneous exposure to multiple frequency fields. 

6. 
The employer shall be in possession of an assessment of the risks 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 the 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 this to be necessary. 

Article 5 
Provisions aimed at avoiding or reducing risks 

Taking  account  of  technical  progress  and  the  availability  of  measures  to  control  the 
1. 
production of electromagnetic fields at the source, the exposure to electromagnetic fields shall 
be eliminated 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. 

On  the  basis  of  the  risk  assessment  referred  to  in  Article 4,  once  the  action  values 
2. 
referred  to  in  Article  3  and  Annexes  II  and  III  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  to  prevent  exposure 
exceeding the exposure limit values, taking into account in particular: 

(a) 

other working methods that entail less exposure to electromagnetic fields; 

the  choice  of  equipment  emitting  less  electromagnetic  fields,  taking  account  of  the 

(b) 
work to be done; 

technical measures to reduce the emission of electromagnetic fields, including, where 

(c) 
necessary, the use of interlocks, shielding or similar health protection mechanisms;  

appropriate  maintenance  programmes 

(d) 
workstation systems; 

for  work  equipment,  workplaces  and 

(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. 

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3. 
On the basis of the risk assessment referred to in Article 4, workplaces where workers 
could be exposed to electromagnetic fields exceeding the orientation or action values shall be 
indicated  by  appropriate  signs  in  accordance  with  Annexes  II  and  III  and  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) 10. The areas in question shall be identified and access 
to  them  limited  as  appropriate.  Where  access  to  these  areas  is  suitably  restricted  for  other 
reasons then signs and access restrictions specific to electropmagnetic fields are not required.  

4. 
In any event, workers shall not be exposed above the exposure limit values for health 
effects unless the conditions under Article 3(6) are fulfilled. If, despite the measures taken by 
the  employer  to  comply  with  this  Directive,  the  exposure  limit  values  for  health  effects  are 
exceeded, the employer shall take immediate action to reduce exposure below these exposure 
limit values. The employer shall identify the reasons why the exposure limit values for health 
effects  have  been  exceeded,  and  shall  amend  the  protection  and  prevention  measures 
accordingly in order to prevent them being exceeded again. 

5. 
Pursuant to Article 15 of Directive 89/391/EEC, the employer shall adapt the measures 
referred  to  in  this  Article  and  in  Annexes  II  and  III  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;  

the  values  and  concepts  of  the  exposure  limit  values,  orientation  values  and  action 

(b) 
values, the associated potential risks and the preventive measures taken; 

(c) 
the  results  of  the  assessment,  measurement  and/or  calculations  of  the  levels  of 
exposure to electromagnetic fields carried out in accordance with Article 4 (1) and (2) of this 
Directive; 

(d) 

how to detect adverse health effects of exposure and how to report them; 

(e) 

the circumstances in which workers are entitled to health surveillance; 

(f) 

safe working practices to minimise risks from exposure. 

10 

OJ L 245, 26.8.1992, p. 23. 

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Article 7 
Consultation and participation of workers 

Consultation  and  participation  of  workers  and/or  their  representatives  shall  take  place  in 
accordance with Article 11 of Directive 89/391/EEC.  

CHAPTER III 

MISCELLANEOUS PROVISIONS 

Article 8 
Health surveillance 

1. 
With the objective of prevention and early diagnosis of any adverse health effects due 
to  exposure  to  electromagnetic  fields,  appropriate  health  surveillance  shall  be  carried  out 
in accordance with Article 14 of Directive 89/391/EEC. 

For  exposures  in  the  frequency  range  up  to  100  kHz,  any  undesired  or  unexpected  health 
effect  reported  by  a  worker  shall  be  transmitted  to  the  person  in  charge  of  the  medical 
surveillance who will take appropriate action in accordance with national law and practice. 

For  exposure  in  the  range  from  100  kHz  up  to  300  GHz,  and  in  any  event  where  exposure 
above the exposure limit values is detected, a medical examination shall be made available to 
the  worker(s)  concerned  in  accordance  with  national  law  and  practice.  If  health  damage 
resulting from such exposure is detected, a reassessment of the risks shall be carried out by 
the employer in accordance with Article 4. 

2. 
The  employer  shall  take  appropriate  measures  to  ensure  that  the  doctor  and/or  the 
medical  authority  responsible  for  health  surveillance  have  access  to  the  results  of  the  risk 
assessment referred to in Article 4. 

3. 
The results of health surveillance shall be preserved in a suitable form so as to permit 
consultation at a later date, taking account of confidentiality requirements. Individual workers 
shall, at their request, have access to their own personal health records. 

Article 9 
Sanctions 

Member  States  shall  provide  for  adequate  sanctions  to  be  applicable  in  the  event  of 
infringements of national legislation adopted pursuant to this Directive. These sanctions must 
be effective, proportionate and dissuasive. 

Article 10 
Technical amendments of the Annexes 

The Commission shall be empowered to adopt delegated acts in accordance with Article 11 in 
order to make amendments to the Annexes of a purely technical nature so as to: 

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(a)  take  into  account  the  adoption  of  Directives  in  the  field  of  technical  harmonisation  and 
standardisation  with  regard  to  the  design,  building,  manufacture  or  construction  of  work 
equipment or workplaces;  

(b)  take  into  account  the  technical  progress,  changes  in  the  most  relevant  harmonised 
European standards or specifications, and new scientific findings concerning electromagnetic 
fields;  

(c) make adjustments to the orientation and action values provided that compliance with the 
existing exposure limit values is maintained, and of the related lists of activities, workplaces 
and types of equipments mentioned in Annexes II and III. 

Where,  in  the  case  of  purely  technical  amendments  of  the  Annexes  referred  to  in  the  first 
subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 
12 shall apply to delegated acts adopted pursuant to this Article.  

Article 11 
Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions 
laid down in this Article.  

2. The delegation of power referred to in  Article  10  shall  be conferred for  an indeterminate 
period of time from [the date of entry into force of the present Directive]. 

3.  The  delegation  of  powers  referred  to  in  Article  10  may  be  revoked  at  any  time  by  the 
European  Parliament  or  by  the  Council.  A  revocation  decision  shall  put  an  end  to  the 
delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day  following  the 
publication  of  the  decision  in  the  Official  Journal  of  the  European  Union  or  at  a  later  date 
specified therein. It shall not affect the validity of any delegated acts already in force.  

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 
European Parliament and to the Council.  

5. A delegated  act  adopted pursuant to Article 10 shall enter into force only if no objection 
has  been  expressed  by  either  the  European  Parliament  or  the  Council  within  a  period  of  2 
months of notification of that act to the European Parliament and the Council or if, before the 
expiry  of  that  period,  the  European  Parliament  and  the  Council  have  both  informed  the 
Commission  that  they  will  not  object.  That  period  shall  be  extended  by  2  months  at  the 
initiative of the European Parliament or the Council. 

Article 12 
Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay  and  shall 
apply as long as no objection is expressed in accordance with paragraph 2. The notification of 
a delegated act to the European Parliament and to the Council shall state the reasons for the 
use of the urgency procedure. 

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2. Either the European Parliament or the Council may object to a delegated act in accordance 
with the procedure referred to in Article 11(5). In such a case, the Commission shall repeal 
the  act  without  delay  following  the  notification  of  the  decision  to  object  by  the  European 
Parliament or the Council. 

CHAPTER IV 

FINAL PROVISIONS 

Article 13 
Practical guide 

In  order  to  facilitate  implementation  of  this  Directive,  in  particular  the  conduct  of  the  risk 
assessment, the Commission shall draw up practical guides to the provisions of Articles 4 and 
5 and Annexes II to IV. The Commission shall work in close cooperation with the Advisory 
Committee for Safety and Health at Work.  

Article 14 
Review and reporting 

The  report  to  be  established  in  accordance  to  Article  17(a)  of  Directive  89/391/EEC  shall 
notably report on the effectiveness of the Directive in reducing exposure to electromagnetic 
fields and the percentage of workplaces that required corrective action. 

.Article 14 
Transposition 

1. 
Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [30 April 2014] at the latest.. They shall 
forthwith communicate to the Commission the text of those provisions and a correlation table 
between those provisions and this Directive. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by such a reference on the occasion of their official publication. Member 
States shall determine how such a reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 

2. 
of national law which they adopt in the field covered by this Directive. 

Directive 2004/40/EC is repealed. 

Article 15 
Repeal 

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Article 16 
Entry into force 

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

Article 17 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 
PHYSICAL QUANTITIES REGARDING THE EXPOSURE TO ELECTROMAGNETIC 
FIELDS 

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

Contact current (IC) between a person and an object is expressed in amperes (A). A steady state contact 
current occurs when a person is in contact with a conductive object in an electric field. In the process of 
making such a contact, a spark discharge may occur with associated transient currents. 

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) that, 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 the energy absorbed per unit mass of biological tissue, expressed in 
joules  per  kilogram  (J/kg).  In  this  Directive,  it  is  used  for  establishing  limits  for  non-thermal  effects 
from pulsed microwave radiation. 

Specific energy absorption rate (SAR), averaged over the whole body or over parts of the body, is 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  quantity  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. 

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ANNEX II 
EXPOSURE TO ELECTROMAGNETIC FIELDS IN THE FREQUENCY RANGE 
FROM 0 HZ TO 100 KHZ 

A. EXPOSURE LIMITATION SYSTEM 

The main principles underlying the protection system adopted for the range of frequencies up to 100 
kHz (100 thousand cycles per second) are as follows: 

-  taking  due  account  of  the  latest  international  recommendations  published  by  the  specialised 
organisations recognised worldwide 

-  introducing  appropriate  and  ‘limited  to  purpose’  simplifications  in  order  to  facilitate  the 
understanding and ‘in field’ implementation of the protection system 

-  introducing  in  practice  a  ‘zoning  system’  in  which  each  activity  can  be  classified,  whereby  the 
location of an activity in a determined zone has a direct impact on the extent of the risk assessment to 
be carried out by the employer and on the recommended preventive measures 

-  limiting  the  number  of  cases  where  compliance  with  the  actual  exposure  limits  must  be  ensured 
because the measured exposure level is higher than the upper limit of the highest permitted zone (action 
level). 

B. EXPOSURE LEVELS AND EXPOSURE LIMITS 

In line with the most recent recommendations the following options have been taken: 

-  Actions  values  and  Orientation  values  correspond  to  estimated  or  measured  field  values  at  the 
workplace in absence of the worker. 

- Exposure limit values for health effects and exposure limit values for safety effects are expressed as 
electric fields generated in nervous tissue in the body (in V/m) 

- For a worker at particular risk, as defined in Article 4 (5c), an individual assessment must be made in 
accordance with Annex II point E.  

Note 1: any situation where the measured value is higher than the action value, a thorough verification 
must be made according to Article 4(2). 

Note 2: for any situation where the shape of the signal differs sufficiently from a sinusoid to affect the 
outcome, then peak values should be used as follows. For exposure limit values the peak value should 
be  compared  with  the  peak  value  of  the  induced  electric  field  obtained  by  multiplying  the  values  of 
table 2.1 by 1.41. For magnetic and electric field levels outside the body, peak values of their rate of 
change with time should be compared with the values of table 2.2 or 2.3 multiplied by 8.9f (which is √2 
2πf).  

For complex pulsed signals a thorough verification must be made according to Article 3(3). 

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Table 2.1 Exposure Limit Values (expressed in RMS values) 

Frequency  
(Hz) 

Exposure Limit Value 
(V/m) 

For safety 
effects 

For health 
effects 

0.5/f 

0.05 

0.002 f 

0.8 

0.8 

0.8 

1 - 10 

10 - 25 

25 - 400 

400 - 3000 

3000 - 100000 

0.8 
2.7 x 10-4 f 

0.8 
2.7 x 10-4 f 

f is the frequency expressed in Hertz (Hz) 

The exposure limit value for safety effects is derived from the effect threshold for effects on the central 
nervous system in the head (CNS).  

The  exposure  limit  value  for  health  effects  is  derived  from  the  effect  threshold  for  effects  on  the 
peripheral nervous system (PNS) and it also prevents stimulation of nerve fibres in the central nervous 
system. 

Exposure limit values for static magnetic fields are given in table 2.3 

Table 2.2 Orientation and action values for exposure to an electric field 
(RMS values) 

Frequency 

Orientation value 

Action value 

(Hz) 

(V/m) 

(V/m) 

1 – 25 

25 – 90 

20 x 103 

500 x 103/f 

20 x 103 

20 x 103  

90 – 3000 

500 x 103/f 

1800 x 103/f  

3000 - 100000 

170 

600 

Note 1: The action value for electric fields for the frequency range 1-90 Hz is limited to 20 kV/m to 
limit the risk of indirect effects which are spark discharges which may occur when a worker comes into 
contact with a conducting object at a different electrical potential. Where the risk of spark discharges is 
managed using technical means and the training of workers, exposures in excess of action values can 
be accepted provided that the exposure limit values are not exceeded, in accordance with Article 4(2). 

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Table 2.3 Orientation and action values for exposure to a magnetic field (RMS) 

Frequency 

Orientation value

Action value 

(Hz) 

(µT) 

(µT) 

0 

>0 – 1 

1 – 8 

8 – 25 

2 x 106 

8 x 106 

(2-1.8 f) x 106 

(5.67 – 5f) x 106 

2 105/f2 

25000/f 

0.666 x 106/f 

0.666 x 106/f 

0.666 x 106/f 

25 – 300 

1000 

300 - 3000 

3 x 105/f 

0.666 x 106/f 

3000 - 9000 

9000 - 20000 

100 

100 

20000 – 100000 

2 x 106 / f 

222 

2 x 106 / f 

2 x 106 / f 

Note 1: Values for 0 Hz in this table are exposure limit values. Above 8 T Article 3(6) shall apply. 

Note 2: The action value above 9 kHz and the orientation value above 20 kHz result from the exposure 
limit values for whole-body average SAR as defined in Annex III.  

In addition to the values given in Tables 2.1, 2.2 and 2.3, steady-state contact currents resulting from a 
worker being in contact with conductive objects shall be limited to.  

From 0 Hz up to 2.5 kHz: 1.0 mA; 

From 2.5 kHz up to 100 kHz: 0.4 10-3f mA (frequency, f in Hz).  

C. CATEGORIES OF WORK EQUIPMENT OR ACTIVITIES 

1)  The  following  work  equipment  or  activities  are,  in  normal  conditions,  considered  to  expose  the 
worker under the orientation value. 

• 

Activities using equipment complying with Directives 1999/5/EC and 2006/95/EC when used 
as intended and notably: 

• 

household and  similar electrical appliances (incl.  mobile  equipment  fitted  with  heating 
elements; battery chargers; heaters; vacuum cleaners for dirt and water; cookers, ovens 

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27 

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and  cooking  elements  for  industrial  and  commercial  use;  heating  elements  for 
waterbeds; microwave ovens for industrial and commercial use)  

offices  (incl.  computer  equipment,  cable  networks,  radio  communication  equipment; 
exc. tape erasers) 

operation of electrical installations: 

• 

• 

• 

• 

• 

• 

• 

low voltage network < 1000 V  

low voltage components with power less than 200 kVA  

workplaces at min. 60 cm distance from low voltage components with power not 
exceeding 1000 kVA  

power transformers connected to low voltage networks (<1000 V between phases) 
with power up to 200 kVA  

workplaces  at  min.  60  cm  from  power  transformers  connected  to  low  voltage 
networks (< 1000 V between phases) with power not higher than 1000 kVA 

• 

electric motors and electric pumps, subject to 

• 

• 

the power being lower than 200 kVA  

the  workplace  being  at  least  60  cm  distance  and  the  power  not  exceeding  1000 
kVA 

• 

detection of articles and people  

• 

RFID 1 Hz - 100 kHz  

• 

• 

tape erasers (if instructions of manufacturer available and followed). 

induction heating  

• 

automated systems (if instructions of manufacturer available and followed) 

• 

detection of articles and people 

• 

• 

• 

EAS 0.01 - 20 kHz (magnetic) 

EAS 20 - 100 kHz (resonant inductive) 

metal detectors 

• 

induction hobs in hotel & catering industry (food preparation) 

• 

hand-held motor-operated electric tools  

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28 

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• 

• 

• 

• 

transportable motor operated electric tools (incl. electrically operated garden appliances) 

testing instruments (exc. non-destructive magnetic testing)  

installation and maintenance  

• 

electrical hand-held tools (exc. welding equipment)  

electricity production and distribution 

• 

• 

• 

• 

bus bars/conductor rails in substations  

above ground high voltage cables  

electricity substations  

switch gear 

• 

welding  

• 

• 

automated systems (if instructions of manufacturer available and followed) 

arc welding – cable (if instructions of manufacturer available and followed) 

• 

medical applications  

• 

• 

• 

• 

• 

shallow hyperthermia (if instructions of manufacturer available and followed) 

pain control, stimulation of bone growth etc.  

incubators, lamps for phototherapy, wireless communication systems etc. 

deep hyperthermia (if instructions of manufacturer available and followed) 

electrosurgery (if instructions of manufacturer available and followed) 

• 

transport and traction systems  

• 

• 

• 

rail transport powered by direct current  

vehicles, ships, aircraft  

(large) electric motors  

• 

• 

EN 

transport and haulage systems  

• 

rail transport powered by alternating current (50 Hz)  

electricity production and distribution 

29 

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• 

electrochemical processes (except specific places) 

2) The following activities may expose the worker above the orientation value but in normal conditions 
are considered to expose them under the action value. 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

plastic sealers 

induction heating 

wood gluing equipment  

power stations 

air cooled coils in capacitor banks 

current supply systems (bus bars) 

electrolysis hall (parts of) 

larger furnaces 

arc welding – cable 

use of - ‘open magnetron’ 

non-destructive magnetic testing  

3) The following activities may exceed the action value and require special assessment to ensure that 
the exposure limit values for health effects are not exceeded: 

• 

• 

• 

• 

• 

trouble shooting during installation and maintenance 

proximity of rectifiers in electrochemical processes 

non-automated induction heating (small melting furnaces) 

semi-automated spot and induction welding 

research activities. 

D. PREVENTION MEASURES and other conditions 

1) For persons at particular risk referred to in Article 4(5)(c), individual assessments must be made in 
accordance to point E. 

2) Zone of exposures under the orientation value: 

- Signage as appropriate 

3) Zone of exposures above the orientation value but under the action value  

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- Signage as appropriate 

- Delimitation measures (e.g. floor markings, fences) in order to limit or control access, as appropriate 

- Information and specific training of relevant workers 

- Verification of compliance with exposure limit values for safety effects or alternatively procedures to 
ensure adverse safety effects are managed. 

4) Exposures above the action value:  

- Signage as appropriate 

- Delimitation measures (e.g. floor markings, fences) in order to limit or control access, as appropriate 

- Verification of compliance with exposure limit values for health effects. 

- Procedure to manage spark discharges through technical means and the training of workers. (Applies 
only where electric field exposures are in this zone.)  

- Appropriate delimitation and access measures 

- Information and specific training of relevant workers. 

E. PERSONS AT PARTICULAR RISK 

Workers  having  declared  themselves  as  wearing  an  Active  Implantable  Medical  Device  (AIMD)  and 
women  having  declared  themselves  to  be  pregnant  are  considered  to  be  persons  at  particular  risk,  as 
stated in Article 4(5)(c).  

Where a worker has declared to their employer that he or she wears an AIMD the employer shall carry 
out an assessment to determine what restriction on where they can work is needed to avoid interference 
to  their  implanted  device.  Advice  on  how  to  do  this  is  provided  by  CENELEC  (see  EN  50527  and 
associate parts). It may be noted that principle underlying the CENELEC guidance is that interference 
will  not  occur  when  the  fields  is  below  the  Reference  Levels  given  in  Council  Recommendation 
1999/519/EC on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 
GHz)11. 

Where  a  worker  has  declared  to  her  employer  that  she  is  pregnant  then  the  requirements  of  Council 
Directive  92/85/EEC  on  the  introduction  of  measures  to  encourage  improvements  in  the  safety  and 
health at work of pregnant workers and workers who have recently given birth or are breastfeeding12 
apply. The employer shall enable the worker to avoid having to enter areas where exposures exceeding 
the  exposure  limits  for  the  general  public  given  in  Council  Recommendation  1999/519/EC,  or  its 
subsequent revisions.  

11 
12 

OJ L 199, 30.7.1999, p. 59. 
OJ L 348, 28.11.1992, p. 1. 

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ANNEX III 
EXPOSURE TO ELECTROMAGNETIC FIELDS IN THE FREQUENCY RANGE 
FROM 100 KHZ TO 300 GHZ 

A. EXPOSURE LIMITATION SYSTEM 

Depending  on  the  frequency  of  the  field  or  radiation  to  which  the  worker  is  exposed,  the  following 
physical quantities are used to specify the exposure limit values for electromagnetic fields: 

– 
between 100 kHz and 10 MHz exposure limit values are provided both on SAR to prevent heat 
stress  and  on  induced  electric  fields  to  prevent  effects  on  central  and  peripheral  nervous  system 
functions; 

between  10  MHz  and  10  GHz  exposure  limit  values  are  provided  on  SAR  to  prevent 

– 
whole-body heat stress and excessive localised heating of tissues; 

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; 

in the frequency range of this annex, 100 kHz to 300 GHz, only exposure limit values for health 

- 
effects need to be considered and consequently  

B. EXPOSURE LEVELS AND EXPOSURE LIMITS 

Table 3.1 Action values and exposure limit values for exposure to high frequency electric field (RMS 
values) 

Frequency 

Action value 

(Hz) 

(V/m) 

Exposure 
Limit Value 
for 

induced 
electric 
field  

(V/m) 

105 – 106 (*) 

600 

2.7 x 10-4 f* 

106 – 107 (*) 

600 106/f 

2.7 x 10-4 f* 

107 - – 4 108 

60 

- 

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Exposu
-re 
Limit 
Value 
forWho
le 
Body:  

Averag
e SAR 
(in 
W/kg) 
‡ 

0.4 

0.4 

0.4 

Exposu-
re Limit 
Value 
forHead 
and 
Trunk: 

Exposu-
re Limit 
Value for 
limbs: 

Exposu-
re  Limit 
Value: 

Localised 
SAR  (in 
W/kg)‡ 

Localised 
SAR (in 
W/kg)‡ 

Power 
Density 
S 
W/m2) 

(in 

10 

10 

10 

20 

20 

20 

- 

- 

- 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 108 - 2 109 

3 x 10-3 x f0.5 

2 109 - 1010 

1010 - 3 1011 

137 

137 

- 

- 

- 

0.4 

0.4 

- 

10 

10 

- 

20 

20 

- 

- 

- 

50 

 (*)f is the frequency expressed in Hertz (Hz) 

(‡) See ANNEX III point F 

Table 3.2 Action values and exposure limit values for exposure to high frequency magnetic field 
(RMS values) 

Frequency 

(Hz) 

Action 
value 

(µT) 

Exposure 
Limit Value 
for 

the induced 
electric 
field  

(V/m) 

Exposu-
re Limit 
Value 
for 

Exposu-
re Limit 
Value 
for 

Whole 
Body:  

average 
SAR (in 
W/kg) ‡ 

Head 
and 
Trunk: 

Localised 

SAR (in 
W/kg)‡ 

Exposu-
re  Limit 
Value: 

Exposu-
re Limit 
Value 
for 
limbs: 

Localised 

Power 

SAR (in 
W/kg)‡ 

Density 

(in 

S 
W/m2) 

105 – 107  

2 106/f  

2.7 x 10-4 f*

107 - 4 108 

0.2 

4 108 - 2 109 

10-5 x f0.5 

2 109 - 1010 

1010 - 3 1011 

0.45 

0.45 

- 

- 

- 

- 

0.4 

0.4 

0.4 

0.4 

- 

10 

10 

10 

10 

- 

20 

20 

20 

20 

- 

- 

- 

- 

- 

50 

(‡) See Annex III point F 

In addition to the values given in Tables 3.1 and 3.2, contact currents resulting from a worker being in 
contact with conductive objects shall be limited to:  

From 100 kHz to 10 MHz:: · 40 mA. 

C. CATEGORIES OF WORK EQUIPMENT OR ACTIVITIES 

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1) The following activities are, in normal conditions, considered to expose the worker under the action 
value. 

• 

Workplaces in which only equipment complying with Directives 1999/5/EC and 2006/95/EC 
is used as intended and notably: 

• 

• 

• 

• 

transmitters (small, at GSM base stations, < 1 W) 

Telephones and hand portables 

Radar systems (speed checks, weather radars) 

RFID above 100 kHz 

•  Microwave drying 

• 

• 

• 

• 

TETRA transmitters in masts 

TETRA transmitters on vehicles, power max. 10 W 

Tape erasers 

Base stations for mobile telephony (GSM, UMTS) 

2) The following activities are, in normal conditions, considered to expose the worker above the action 
value. 

• 

• 

• 

• 

• 

Equipment that is being installed or maintained (trouble shooting on) 

Non-automated induction heating working in this frequency range 

Radiofrequency and microwave lighting 

Non destructive magnetic testing 

Activities within the exclusion zone for the public around: 

• 

• 

• 

Large broadcasting transmitters 

Radar systems (navigational) 

Other EMF producing equipment 

D. PREVENTION MEASURES 

1) For persons at particular risk, referred to in Article 4.5(c), individual assessments must be made in 
accordance with Annex III point E. 

2) Zone of exposure under the action value: 

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- Signage as appropriate 

- Information of workers 

3) Exposures above the action value:  

- Verify compliance with exposure limit values 

- Appropriate delimitation and access measures 

- Information and specific training of relevant workers. 

E. PERSONS AT PARTICULAR RISK 

Workers having declared themselves as wearing an AIMD and women having declared themselves to 
be pregnant are considered to be persons at particular risk, as stated in Article 4(5)(c).  

Where a worker has declared to their employer that he or she wears an AIMD the employer shall carry 
out an assessment to determine what restriction on where they can work is needed to avoid interference 
to their implanted device. Advice on how to do this is provided by CENELEC (EN 50527 and associate 
parts). It may be noted that principle underlying the CENELEC guidance is that interference will not 
occur when the fields is below the Reference Levels given in Recommendation 1999/519/EC. 

Where  a  worker  has  declared  to  her  employer  that  she  is  pregnant  then  the  requirements  of  the 
Directive 92/85/EEC apply. The employer shall enable to worker to avoid having to enter areas where 
exposures  exceeding  the  exposure  limits  for  the  general  public  given  in  Recommendation 
1999/519/EC, or its subsequent revisions.  

F  MEASUREMENTS 

The main frequency(ies) to which the worker may be exposed must be determined. Manufacturers’ or 
installer’s data must be used whenever available. It is also necessary to assess whether the fields are 
sinusoidal or pulsed. Moreover: 

- all SAR values are to be averaged over any six-minute period; 

-  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; 

- 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  thermo  elastic  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; 

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35 

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- 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; 

-  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. 

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ANNEX IV 
SPECIFIC MEASURES FOR ACTIVITIES FALLING UNDER ARTICLE 3(4) 

In accordance with Article 3(4), and in order to ensure harmonised and adequate protection of workers 
and  whilsttaking  due  account  of  existing  precautionary  and  protective  measures,  the  following 
principles will be followed and tasks carried out.  

1. Objectives 

a)  The  first  objective  is  to  develop,  with  the  parties  concerned,  a  consistent  and  practicable 
methodology to protect workers exposed to EMF during activities falling under Article 3(4). 

b) The second objective is to include, in the developed methodology and related tools, aspects such as: 

–  effective information measures and dynamic consultation mechanisms 

–  efficient  training  measures,  also  for  external  personnel  having  access  to  the  MR  area  (MR 

installation room, control room, any related adjacent room) 

–  documented working procedures (and review mechanism) 

–  strict rules for access to MR rooms 

–  monitoring of the quality of implementation. 

c)  The  third  objective  is  to  involve  all  the  representative  organisations  in  the  dissemination  of 
information to their members to ensure effective implementation of the good practices in a harmonised 
manner in all the MR installations of the Union. 

2. Tasks 

The tasks will be to: 

• 

• 

• 

• 

• 

• 

• 

• 

collect good practices already in place in Member States or in specific installations; 

examine existing guides and working procedures; 

identify and describe risks (EMF, noise, flying objects, cryogenic liquids); 

identify the maximum-exposure scenarios 

define typical working situations; 

define appropriate rules of conduct for each typical working situation; 

establish a standard training programme and its content; 

establish any other means to fulfil the objectives; 

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• 

for future establishments, produce recommendations to improve safety (design of department, 
access management to MR room, design of rooms, etc.). 

3. Duration of work and reporting 

a) The work will start immediately after adoption of this Directive and will be finalised no later than 
the date mentioned under Article 14(1); 

b)  The  Commission  will  prepare  a  report  explaining  the  outcomes  achieved.  The  report  will  be 
transmitted to the Council and European Parliament not later than 9 months after the date mentioned 
under Article 14(1). 

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ANNEX V 

CORRELATION TABLE 

Directive 2004/40/EC 

This Directive 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(4) 

Article 1(5) 

Article 2(a) 

- 

- 

- 

Article 2(b) 

Article 2(c) 

Article 3(1) 

Article 3(2) 

Article 3(3) 

- 

- 

- 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(4) (unchanged) 

Article 1(5) (unchanged) 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 3(1) 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 3(5) 

Article 3(6) 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 4(5)(a) 

Article 4(5)(a) 

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Article 4(5)(b) 

Article 4(5)(c) 

Article 4(5)(a)(i) 

Article 4(5)(a)(ii) 

Article 4(5)(a)(iii) 

Article 4(5)(a)(iv) 

Article 4(5)(b) 

Article 4(5)(c) 

Article 4(5)(a)(i) 

Article 4(5)(a)(ii) 

Article 4(5)(a)(iii) (unchanged) 

Article 4(5)(a)(iv) (unchanged) 

Article 4(5)(f) to (h) 

Article 4(5)(f) to (h) (unchanged) 

Article 4(6) 

Article 5(1) 

Article 4(6) 

Article 5(1) 

Article 5(2), introductory wording 

Article 5(2), introductory wording 

Article 5(2)(a) to (g) 

Article 5(2)(a) to (g) (unchanged) 

Article 5(3) 

Article 5(4) 

Article 5(3) 

Article 5(4) 

Article 6, introductory wording 

Article 6, introductory wording 

Article 6(a) 

Article 6(b) 

Article 6(a) (unchanged) 

Article 6(b) 

Article 6(c) to (f) 

Article 6(c) to (f) (unchanged) 

Article 7 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 7 (unchanged) 

Article 8(1)  

Article 8(2) (unchanged) 

Article 8(3) (unchanged) 

Article 9 (unchanged) 

Article 9 (unchanged) 

Article 10(1) 

Article 10(1) 

Article 10(2), introductory text 

Article 10(2), introductory text 

Article 10(2)(a) 

Article 10(2)(a) (unchanged) 

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Article 10(2)(b) 

Article 10(2)(b) (unchanged) 

- 

Article 10(2)(c) 

Article 10(2), last sentence 

Article 10(2), last sentence 

Article 11(1)  

Article 11(2) 

Article 11(3) 

- 

Article 11  

Article 12  

Article 12 (Article repealed by Directive 2007/30/EC) 

-  

- 

Article 13(1) 

Article 13(2) 

- 

Article 14 

Article 15 

Annex  

- 

- 

- 

- 

- 

Article 13 

Article 14(1) 

Article 14(2) (unchanged) 

Article 15 

Article 16 

Article 17 

- 

Annex 1 

Annex 2 

Annex 3 

Annex 4 

Annex 5 

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