WRITTEN QUESTION E-2073/98

by Roberta Angelilli (NI) to the Commission

(7 July 1998)

Subject: Non-ionizing radiation in the communes of Orte and Gallese

A cellular telephony satellite station is to be built in the commune of Orte, in the province of Viterbo, with a radiation frequency of 5 GHz. The station is to be built in an area of outstanding natural beauty and archeological interest which is protected under Italian law and where major discoveries have been made during the construction work.

The scheme is also causing considerable public anxiety in the area affected, particularly in the neighbouring commune of Gallese, about possible health risks to residents and damage to the environment.

On 25 March 1998, the Regional Administrative Tribunal (TAR) of Lazio received an application from the commune of Gallese and several consumer associations asking for the planning permission for the scheme to be suspended. On 15 May 1998, the State Council granted the appeal lodged by the construction firm (Elsacom s.p.a. - IRI Finmeccanica Group), thereby revoking the TAR's suspension, as it perceived no immediate danger to health since the satellite station had not been built.

In the light of these facts and the answer previously given to the author by the Commission to Question E-2630/97(1) on 23 October 1997, will the Commission say whether:

1. it agrees that the Italian authorities should be asked to stop the construction of the station in order to protect the natural and archeological heritage of the area?

2. new directives have been passed or new documentation produced in the meantime on this matter?

3. it considers the construction of the station to be in breach of public health legislation?

4. in the absence of a study proving the danger of electromagnetic waves (non-ionizing radiation) but in the absence also of a study which proves the opposite, public health should not always be given priority?

5. it can state its general position on the matter?

Answer given by Mr Flynn on behalf of the Commission

(11 September 1998)

1. Measures in relation to construction project authorisations are for the Member States to consider. Community provisions in relation to the protection of natural and archaeological heritage, and the impact of installations on the environment must nevertheless be respected.

2. Legislation on the matter remains as described in the Commission's answer to Written Question E-2630/97 by Mrs Angelilli(2). As for scientific documentation on potential health effects from electromagnetic fields, the Commission has since supported a study on possible health implications of subjective symptoms and electromagnetic fields. The study was published by the Swedish National institute for working life. A copy is being sent direct to the Honourable Member and to the Parliament's secretariat.

3 and 4. As regards Community health and safety at work legislation, the Commission has presented a proposal(3), based on Article 118A of the EC Treaty, concerning the minimum requirements for the protection of workers against exposure to physical agents, including non-ionising radiation. This proposal is still under negotiation in the Council.

There is no Community public health legislation concerning exposure to non-ionizing radiation. Binding provisions in this area are a matter for the Member States.

Since there is clear evidence of adverse thermal effects resulting from exposure to electromagnetic fields, the Commission has presented proposals based on Article 129 of the Treaty, on the limitation of exposure of the general public(4). This proposal for a Council recommendation provides a framework of reference levels and basic restrictions for the prevention of established adverse health effects. It is based on guidance issued by the International commission on non-ionizing radiation protection (ICNIRP). The Commission's scientific steering committee endorsed ICNIRP's advice in this matter. As regards other effects, such as cancer causation or promotion, there is currently no scientific basis on which recommendations can be made. For this reason, the scientific steering committee recommends to keep ongoing research activities under review. The Commission, for its part, has included activities in this area in its proposals on the 5th research and technological development programme.

(1) OJ C 102, 3.4.1998, p. 78.

(2) OJ C 102, 3.4.1998.

(3) Commission proposal for a Council directive on the minimum health and safety requirements regarding the exposure of workers to the risks aring from physical agents (OJ C 77, 18.3.1993)

(4) Proposal for a Council recommendation on the limitation of exposure of the general public to electromagnetic fields O Hz to 300 GHz (COM(98) 268 final)