14 Amendments of Marina YANNAKOUDAKIS related to 2011/0152(COD)
Amendment 33 #
Proposal for a directive
Recital 3
Recital 3
(3) After the entry into force of 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), serious concerns were expressed by stakeholders, in particular from the medical community, as to the potential impact of the implementation of that Directive on the use of medical procedures based on medical imaging, such as magnetic resonance imaging (MRI). A derogation on medical imaging is therefore necessary, as the application of exposure limit values, orientations values and action values would dramatically impede its use. An exemption should also cover the use of medical imaging in research and development. Concerns were also expressed as to the impact of the Directive on certain other industrial activities.
Amendment 38 #
Proposal for a directive
Recital 11
Recital 11
(11) The level of exposure to electromagnetic fields can be more effectively reduced by incorporating preventive measures into the design of workstations and by selecting work equipment, procedures and methods so as to give priority to reducing the risks at source. Provisions relating to work equipment and methods thus contribute to the protection of the workers involved. The protection of doctors, researchers, health care workers and patients must be maintained through appropriate health and safety training and supervision, as well as by applying infringement sanctions on employers who fail to comply with Directive 2004/40/EC. There is however a need to avoid the duplication of assessments, where work equipment meets the requirements of EU product legislation that establishes more severe safety levels than those provided for by this Directive and especially Directive 1999/5/EC and 2006/95/EC. This allows for simplified assessment in a large group of cases.
Amendment 39 #
Proposal for a directive
Recital 12
Recital 12
(12) Employers should make adjustments in the light of technical progress and scientific knowledge regarding the risks related to exposure to electromagnetic fields, with a view to improving the safety and health protection of workers. Member States are advised to encourage employers compliance of the 2004/40/EC Directive through strict controls and sanctions.
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or more specific provisions, such as a derogation for medical imaging and its use in research and development, contained in this Directive.
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By way of derogation, paragraphs 1 and 2 shall not apply to medical applications using the magnetic resonance effectimaging (MRI) and the following related activities: integral system testing before release for shipment, installation, cleaning, maintenance, research and development activities. In these particular cases, specific protection measures shall be put in place. For this purpose the Commission shall consult the existing working groups and proceed according to the measures set out in Annex IV.
Amendment 69 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. An exemption for medical applications using the magnetic resonance effect should also apply to instances where medical support services are provided. This should include cases when children, the elderly or other patients require additional support from a healthcare professional, friend or family member during medical imaging.
Amendment 70 #
Proposal for a directive
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4 b. It should be noted that an exemption for medical imaging should also include its role in laparoscopic surgery, particularly in paediatric surgery.
Amendment 74 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Without prejudice to paragraphs 4 and 5, workers may not be exposed above the exposure limit values for health effects. For specific situations where these values may temporarily be exceeded, Member States may put in place a system authorisllowing work under controlled conditions and on the basis of a comprehensive risk assessment setting out the actual exposure levels and their likelihood and comparing them to the exposure limit values defined in Annexes II and III. Such specific situations shall be reported to the Commission in the report referred to in Article 17a of Directive 89/391/EEC.
Amendment 92 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 96 #
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. On the basis of the risk assessment referred to in Article 4, once the action values referred to in Article 3 and Annexes II and III are exceeded, the employer, unless the assessment carried out in accordance with Article 4(2) demonstrates that the exposure limit values are not exceeded and that health and safety risks can be excluded, shall devise and implement an action plan comprising technical and/or organisational measures to prevent exposure exceeding the exposure limit values, taking into account in particular:
Amendment 104 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 105 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
With the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields, appropriate health surveillancepost-incident actions shall be carried out in accordance with Article 14 of Directive 89/391/EEC.
Amendment 112 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The employer shall take appropriate measures to ensure that the doctor and/or the medical authority responsible for health surveillancepost- incident provisions have access to the results of the risk assessment referred to in Article 4.
Amendment 113 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The results of health surveillancepost-incident action shall be preserved in a suitable form so as to permit consultation at a later date, taking account of confidentiality requirements. Individual workers shall, at their request, have access to their own personal health records.