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24.4.2012 Official
Journal
of
the
European
Union L
110/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2012/11/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
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) (18th
individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) The
deadline
for
transposition
of
Directive
2004/40/EC
EUROPEAN UNION,
was postponed, by Directive 2008/46/EC of the
European Parliament and of the Council
( 4 ), until
30 April 2012, in order to allow a new Directive
Having regard to the Treaty on the Functioning of the European
based on the most recent evidence to be adopted by
Union, and in particular Article 153(2) thereof,
that date.
Having regard to the proposal from the European Commission,
(4) On
14
June
2011,
the
Commission
adopted
a
proposal
for a new Directive to replace Directive 2004/40/EC. The
After transmission of the draft legislative act to the national
aim of the new Directive is to ensure both a high level of
parliaments,
health and safety protection for workers and the
continuation and development of medical and other
industrial activities using electromagnetic fields.
Having regard to the opinion of the European Economic and
Consequently, anticipating the adoption of the new
Social Committee ( 1 ),
Directive by 30 April 2012, the majority of Member
States have not transposed Directive 2004/40/EC.
After consulting the Committee of the Regions,
(5)
However, given the technical complexity of the subject
Acting in accordance with the ordinary legislative procedure (
matter, it is unlikely that the new Directive will be

2 ),
adopted by 30 April 2012.
Whereas:
(6) Consequently,
the
deadline
of
30
April
2012
should
be
extended. It is therefore necessary for this Directive to
(1) Following
the
entry
into
force
of
Directive
2004/40/EC
enter into force on the day of its publication,
of the European Parliament and of the Council ( 3 ), stake
holders, in particular those in the medical community,
expressed serious concerns about the impact that imple
menting that Directive could have on the use of medical
HAVE ADOPTED THIS DIRECTIVE:
procedures based on medical imaging, as well as its
impact on certain industrial activities.
Article 1
(2) The
Commission
examined
the
arguments
put
forward In Article 13(1) of Directive 2004/40/EC, the date ‘30 April
by stakeholders and decided to reconsider some
2012’ is replaced by ‘31 October 2013’.
provisions of Directive 2004/40/EC, on the basis of
new scientific evidence.
Article 2
( 1 ) Opinion of 22 February 2012 (not yet published in the Official
Journal).
This Directive shall enter into force on the day of its publication
( 2 ) Position of the European Parliament of 29 March 2012 (not yet
in the Official Journal of the European Union.
published in the Official Journal) and decision of the Council of
11 April 2012.
( 3 ) OJ L 159, 30.4.2004, p. 1.
( 4 ) OJ L 114, 26.4.2008, p. 88.

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L 110/2
EN
Official Journal of the European Union
24.4.2012
Article 3
This Directive is addressed to the Member States.
Done at Strasbourg, 19 April 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
M. BDSKOV

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Document Outline

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