Directive 2004/40 - Minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) - Main contents
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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) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2004/40 |
| Original proposal | COM(1992)560  |
| CELEX number i | 32004L0040 |
| Document | 29-04-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; Special edition in Bulgarian: Chapter 05 Volume 007,Special edition in Latvian: Chapter 05 Volume 005,Special edition in Lithuanian: Chapter 05 Volume 005,Special edition in Estonian: Chapter 05 Volume 005,Special edition in Slovak: Chapter 05 Volume 005,Special edition in Polish: Chapter 05 Volume 005,Special edition in Croatian: Chapter 05 Volume 006,Special edition in Slovenian: Chapter 05 Volume 005,Special edition in Romanian: Chapter 05 Volume 007,Special edition in Maltese: Chapter 05 Volume 005,Special edition in Hungarian: Chapter 05 Volume 005,Special edition in Czech: Chapter 05 Volume 005,OJ L 159, 30.4.2004 |
| Effect | 30-04-2004; Entry into force Date pub. See Art 14 |
| End of validity | 28-06-2013; Repealed by 32013L0035 |
| Transposition | 31-10-2013; At the latest See Art 13.1 ET 32012L0011 |
30.4.2004 |
EN |
Official Journal of the European Communities |
L 159/1 |
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) (18th individual Directive within the meaning of Article 16(1) of Directive 89/39 I/EEC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
Having regard to the proposal from the Commission (1), presented after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,
Having regard to the Opinion of the European Economic and Social Committee (2),
Following consultation of the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
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. |
(2) |
The communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers provides for the introduction of minimum health and safety requirements regarding the exposure of workers to the risks caused by physical agents. In September 1990 the European Parliament adopted a Resolution concerning this action programme (4), inviting the Commission in particular to draw up a specific directive on the risks caused by noise and vibration and by any other physical agents at the workplace. |
(3) |
As a first step, the European Parliament and the Council adopted Directive 2002/44/EC of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (5). Next, on 6 February 2003, the European Parliament and the Council adopted Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (6). |
(4) |
It is now considered necessary to introduce measures protecting workers from the risks associated with electromagnetic fields, owing to their effects on the health and safety of workers. However, the long-term effects, including possible carcinogenic effects due to exposure to time-varying electric, magnetic and electromagnetic fields for which there is no conclusive scientific evidence establishing a causal relationship, are not addressed in this Directive. These measures are 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 Community workers, in order to avoid possible distortions of competition. |
(5) |
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 action values or the exposure limit values for electromagnetic fields. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State. |
(6) |
A system of protection against... |
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