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 (EMF) Directive (2004/40/EC).
Negotiations began in the European Council in July 2011 under the Polish Presidency and continued through the Danish Presidency and into the Cyprus Presidency. We had felt that the Commission proposal was generally balanced. However, we did believe that improvements could be made. As negotiations have progressed we pressed for further sensible changes and overall the text that emerged during the Cyprus Presidency largely achieved this.
In October 2012, the European Council of Ministers agreed a General Approach (i.e. an informal agreement amongst Member States) on the text developed by the Cyprus Presidency.
Since the General Approach was agreed, the European Parliament has begun to formalise its position on the Directive. This hasn't been an easy task for MEP's as they have had to consider: the Commission proposal alongside the text developed by Council which although based on the Commission proposal does differ from it in some areas. In addition to this the Parliament of course brings its own views and thoughts. As 2012 draws to a close, the Employment and Social Affairs Committee within the European Parliament will be solidifying its position and voting on what it wants to see in the proposal.
In 2013, formal discussions will begin between the European Parliament and the Council of Ministers with a view to agreeing the final Directive.
We will continue to keep you posted when there is further 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. This was later extended until October 2013. The aim of the delay was to give the Commission time to resolve the issues mentioned above.
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. Member States will then have set amount of time (this is currently under negotiation) in which to implement national legislation.
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