Legal base: Article 137, to implement improvements of the working environment to protect workers’ health and safety.
HSE
In June 2011 the European Commission (EC) published a proposal for a new Directive that would replace the Electromagnetic Fields Directive (2004/40/EC).
We felt this proposal was largely well balanced and proportionate. Negotiations began in the European Council July under the Polish Presidency. Following concerns raised by some Member States, the Presidency proposed a number of changes to the Commission proposal, including changes to the exposure limitation system. However, Member States could not come to an agreement on this text. We felt that some of the changes would make the Directive more restrictive and confusing. Further negotiations will be required to get a consensus and negotiations are continuing on the replacement Directive under the Danish Presidency.
At the same time, the European Parliament has been considering the Commission's proposal. Initial indications are that they are largely content.
The European Commission is still looking to resolve all the issues and continue to urge Member States to work together to agree a way forward. However, the Commission recognises that this will not happen before the implementation date of the original Directive, which is due in April 2012. As such, in January 2012, the Commission formally published their proposal for another Directive to delay the implementation of Directive 2004/40/EC for a further two years, until April 2014. This delaying Directive was formally published on April 19th, 2012, extending the transposition deadline by 18 months, not 2 years as originally proposed, from April 30th 2012, to October 31st, 2013.
We will continue to keep you posted when there is news.
This is the latest step in the development of an EMF Directive. The original EMF Directive was agreed in 2004. In 2005 the European medical community alerted the Commission to concerns regarding this Directive. They highlighted the potential negative impact on the use and development of certain MRI (Magnetic Resonance Imaging) activities. Wider concerns were also raised across a number of industries over the Directive’s requirement for complicated and costly risk assessments.
In 2008, after these concerns were raised with the Commission by the UK and other stakeholders, an “interim” Directive was adopted (2008/46/EC) delaying the transposition deadline of the original Directive until April 2012. The aim of the delay was to give the Commission time to resolve the issues mentioned above. As a result, the Commission has published a new proposal.
The Commission’s proposal will now be negotiated by the European Parliament and the Council (under the ordinary legislative procedure). Once there is agreement on the text, the revised proposal will be adopted into EU law.
