The so-called ‘New Approach’ represents an innovative way of technical harmonisation by splitting the responsibilities between the European legislator and the European standards bodies.

The ‘New Approach’ is based on the following fundamental principles:

• European directives define the ‘essential requirements’ to ensure a high level of protection of health, safety, consumer protection, or the protection of the environment. Such directives under the new approach are based on Article 114 of the Treaty on the Functioning of the European Union (ex Article 95 TEC) which allows for the adoption of measures for the improvement of free movement of goods.
• The task of drawing up the corresponding harmonised standards meeting the essential requirements of products established by the directives is entrusted to the European standardisation organisations (CEN, CENELEC and ETSI).
• Products that comply with harmonised standards are presumed to meet the corresponding essential requirements (presumption of conformity, CE marking) and Member States must accept the free movement of such products.
• The use of these standards remains voluntary. Alternative standards are possible but manufacturers then have an obligation to prove that their products meet the essential requirements.

In-depth information on the directives adopted under the New Approach can be found in the directives section or on the following European Commission web pages:

• https://ec.europa.eu/growth/index_en.htm (main page)
• https://ec.europa.eu/growth/single-market/ce-marking/index_en.htm (section on CE)

Directive 89/391 - OSH "Framework Directive" 
of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work - "Framework Directive".

In 1989 some provisions of the Framework Directive brought about considerable innovation including the following:

• The term ‘working environment’ was set in accordance with International Labour Organization (ILO) Convention No. 155 and defines a modern approach taking into account technical safety as well as general prevention of ill-health.
• The Directive aims to establish an equal level of safety and health for the benefit of all workers (the only exceptions are domestic workers and certain public and military services).
• The Directive obliges employers to take appropriate preventive measures to make work safer and healthier.
• The Directive introduces as a key element the principle of risk assessment and defines its main elements (e.g. hazard identification, worker participation, introduction of adequate measures with the priority of eliminating risk at source, documentation and periodical re-assessment of workplace hazards).
• The new obligation to put in place prevention measures implicitly stresses the importance of new forms of safety and health management as part of general management processes.

The Framework Directive had to be transposed into national law by the end of 1992. The repercussions of the transposition on national legal systems varied across Member States. In some Member States, the Framework Directive had considerable legal consequences due to inadequate national legislation while in others no major adjustments were necessary.

In 2004 the European Commission issued a Communication (COM [2004] 62) on the practical implementation of the provisions of same of the directives, namely 89/391 EEC (framework directive), 89/654 EEC (workplaces), 89/655 EEC (work equipment), 89/656 EEC (personal protective equipment), 90/269 EEC (manual handling of loads) and 90/270 EEC (display screen equipment)]. This Communication stated that there was evidence of the positive influence of EU legislation on national standards for occupational safety and health made up of both national implementing legislation and practical application in enterprises and public sector institutions.

In general, the report concluded that EU legislation had contributed to instilling a culture of prevention throughout the European Union as well as to rationalising and simplifying national legislative systems. At the same time, however, the report highlighted various flaws in the application of the legislation that were holding back achievement of its full potential. It also noted cases where infringement proceedings had been opened.