Proposal for a Directive of the European Parliament and of the Council 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) (eighteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

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), serious concerns were expressed by stakeholders, in particular in the medical community, about the potential impact of implementation of that Directive on the use of medical procedures based on medical imaging. Concerns were also expressed as to the impact of the Directive on certain industrial activities.

The Commission examined the arguments put forward by stakeholders and decided to reconsider some provisions of Directive 2004/40/EC, on the basis of new scientific evidence. The deadline for transposition of Directive 2004/40/EC was therefore postponed until 30 April 2012 by Directive 2008/46/EC of 23 April 2008, in order to allow the adoption of a new directive based on the most recent evidence.

On 14 June 2011 the Commission adopted a proposal for a new Directive to replace Directive 2004/40/EC. The new Directive should ensure both a high level of health and safety protection for workers and the continuation and development of medical and other industrial activities using electromagnetic fields. Consequently, the majority of Member States have not yet transposed Directive 2004/40/EC, pending the adoption of the new Directive.

However, given the technical complexity of the subject-matter it is unlikely that the new Directive will be adopted before the deadline for transposition of Directive 2004/40/EC. Consequently, that deadline should be extended.

EUR-Lex: COM(2012)015: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:015:FIN

---