Select Committee on European Scrutiny Second Report


11 PROTECTION OF WORKERS FROM RISKS ARISING FROM PHYSICAL AGENTS (ELECTROMAGNETIC FIELDS AND WAVES)

(24551)

Draft Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields and waves).


DepartmentWork and Pensions
Basis of consideration Minister's letter of 28 November 2003
Previous Committee Report HC 63-xxviii (2002-03), paragraph 4 (2 July 2003) and HC 63-xxxi (2002-03), paragraph 15 (10 September 2003)
Discussed in Council20 October 2003
Committee's assessmentPolitically important
Committee's decisionCleared (decision reported on 10 September 2003)

Background

  11.1  Council Directive 89/391/EEC[23] provides a framework for the introduction of measures to improve the safety and health of workers at work by laying down the general principles to be followed. In February 1993, the Commission put forward a proposal for a further, more specific Directive, which would have set out harmonised requirements for protection against noise, vibration, optical radiation and non-ionising electro-magnetic radiation.2 However, this was not pursued by the Council, which has instead since considered individual measures dealing with protection against vibration[24] and noise.[25]

  11.2  The current document — which was put forward by the Danish Presidency in December 2002 — addresses the acute risks arising from exposure at work[26] to high levels of electromagnetic fields and waves (EMFs). When we first considered this on 2 July 2003, we noted that the Government had identified a number of important differences between this text and those produced earlier, and that it appeared that the benefits were likely to be negligible, but the costs — where these could be assessed — extremely high. We therefore suggested that that there was, on the face of it, a strong case for our recommending a debate in European Standing Committee C, but we added that much would clearly depend upon any further Regulatory Impact Assessments.

  11.3  We subsequently received a letter of 26 August 2003 from the Minister of State for Work and Pensions (Mr Des Browne), in which he said that, as a result of a number of meetings held at official level the Italian Presidency was aiming to reach political agreement in the Council on 20-21 October. He added that significant revisions had been made to the earlier text, as a result of which the proposal was now broadly in line with the concepts on which the relevant international guidelines are based. As a result, the potential costs of the measure had been significantly reduced. The Minister added that the revised cost implications would be drawn out in a further Regulatory Impact Assessment, which would be produced once political agreement had been reached in the Council. On that basis, we cleared the document on 10 September 2003.

Minister's letter of 28 November 2003

  11.4  We have now received a further letter of 28 November 2003 from the Minister, attaching the text on which the Council reached unanimous political agreement on 20 October. The Minister has also provided the promised further Regulatory Impact Assessment, which shows that, as a result of the changes made, the costs of the proposal over a ten-year period have been reduced from £567-1,540 million to £9-32 million.

Conclusion

  11.5  Since we have already cleared this proposal, we are simply drawing this further information, and in particular the revised cost estimates, to the attention of the House.


23   OJ No. L 183, 29.6.89, p.1. Back

24   (19934) ; see HC 34-xiii (1998-99), paragraph 7 (17 March 1999), HC 34-xviii (1998-99), paragraph 5 (5 May 1999), HC 23-xxx (1999-2000), paragraph 10 (22 November 2000) and HC 28-i (2000-01), paragraph 7 (13 December 2000). Back

25   (22228) - ; see HC 152-i (2001-02), paragraph 40 (18 July 2001). Back

26   It does not apply to any wider public exposure, arising (for example) from mobile telephones or overhead power lines, and nor is it concerned with long-term exposure effects. Back


 
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