29.6.2013 Official Journal of the European Union L 179/1 | (Legislative acts) DIRECTIVES DIRECTIVE 2013/35/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (3)  Following the entry into force of Directive 2004/40/EC EUROPEAN UNION, 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 Having regard to the Treaty on the Functioning of the European risks arising from physical agents (electromagnetic fields) Union, and in particular Article 153(2) thereof, (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (?), serious concerns were expressed by stakeholders, in particular Having regard to the proposal from the European Commission, those from the medical community, as to the potential impact of the implementation of that Directive on the o o ) use of medical procedures based on medical imaging. Afte-r transmission of the draft legislative act to the national Concerns were also expressed as to the impact of the parliaments, Directive on certain industrial activities. Having regard to the opinion of the European Economic and o ) ) Social Committee (1), () The Commission examined attentively the arguments put forward by stakeholders and, after several consultations, decided to thoroughly reconsider some provisions of After consulting the Committee of the Regions, Directive 2004/40/EC on the basis of new scientific information produced by internationally recognised experts. Acting in accordance with the ordinary legislative procedure (3), (5)  Directive 2004/40/EC was amended by Directive Whereas: 2008/46/EC of the European Parliament and of the Council (4, with the effect of postponing, by four . ears, the deadline for the transposition of Directive (1) Under. the Treaty, the European Parliament a.n(.i the )21004/4O/EC, and subsequently by ]girective 2012/11[EU Cour}cﬂ may, by means of directives, adiopt minimum of the European Parliament and of the Council (%), with requirements for the encouragement of improvements, the effect of postponing that deadline for transposition in particular of the worklng environment, to guarantee untl 31 October 2013. This was to allow the a better level Of, protection of the -he-alth apd safety ,Of Commission to present a new proposal, and the co-legis- workers..Such. directives are to aVO}d 1Mposing adm1g1s— lators to adopt a new directive, based on fresher and trative, financial and legal constraints in a way which sounder evidence would hold back the creation and development of ' small and medium-sized undertakings. (6)  Directive 2004[40/EC should be repealed and more (2)  Article 31(1) of the Charter of Fundamental Rights of the appropriate and proportionate measures to protect European Union provides that every worker has the right workers from the risks associated with electromagnetic to Workjng conditions which respect his or her health’ fields should be introduced. That Directive did not safety and dignity. address the long-term effects, including the possible carcinogenic  effects, of exposure to time-varying () OJ C 43, 15.2.2012, p. 47. (3) Position of the European Parliament of 11 June 2013 (not yet () OJ L 159, 30.4.2004, p. 1. published in the Official Journal) and decision of the Council of () OJ L 114, 26.4.2008, p. 88. 20 June 2013. () OJ L 110, 24.4.2012, p. 1.