EN Official Journal of the European Union CE 88/332

(2004/C 88 E/0339)

WRITTEN QUESTION E-0761/03

by Charles Tannock (PPE-DE) to the Commission

(12 March 2003)

Subject: EU requirements relating to the erection of mobile telephone masts

In answer to Written Question E-3246/02 (1), Commissioner Byrne states inter alia that:

Regarding the potential existence of any European regulation governing the erection of mobile telephone masts, the positioning of mobile telephone masts is a matter falling under the responsibility for local, regional and State authorities.

Union legislation governing radio products, including mobile telephone masts, obliges manufacturers to ensure that the products are safe when used for their intended purpose but national or local authorities may impose additional restrictions on the use of radio products, for instance, by prescribing minimum distances from the public, so as to ensure that telephone masts are appropriately installed.

Regarding the potential dangers of mobile telephone masts, the Community has further provided guidance on the safety levels to be respected by establishing a set of maximum exposure limits.

Can the Commission clarify the legal status of Council Recommendation 1999/519/EEC (2)? Specifically, does the guidance on the safety levels referred to in the Recommendation have only advisory effect, or would a Member State which failed to ensure that these guidelines were adhered to either by manufacturers or the appropriate planning authorities be in breach of Directive 1999/5/EC (3) (bearing in mind the general requirement contained in preamble 14 of the Directive that ‘care should be taken that radio equipment and telecommunications terminal equipment should not represent an avoidable hazard to health’) or any other EU legislation?

Is the Commission in a position to positively affirm that the regulations governing the erection of mobile telephone masts in each Member State conform to the requirements on manufacturers or others laid-down in Directive 1995/5/EC or does the Commission only investigate after a complaint is received?

Finally, does the Commission have information on which Member States insist that mobile telephone masts be located at least 500 metres away from schools and residential areas?

Answer given by Mr Liikanen on behalf of the Commission

(14 April 2003)

The exposure limits of Council Recommendation 1999/519/EEC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) are not binding on Member States, since recommendations are non binding pursuant to the EC Treaty. The majority of Member States, including the United Kingdom, have adopted them. While some Member States apply more stringent levels, no Member State applies less stringent levels.

As indicated in its reply to the Honourable Member's written question E-2736/00 (4), the Commission, in the application of radio and telecommunications terminal equipment (R&TTE) Directive 1999/5/EC (5), mandated the European Standardisation Organisations to take full account of these limits in drafting harmonised safety standards for mobile communications equipment. As a consequence, equipment which would expose the public beyond the levels of the Council Recommendation would clearly not comply with the essential safety requirements of the Directive. In such cases, article 9 of the Directive obliges Member States to take appropriate action against such non-compliant equipment.

Under article 7.2 of the R&TTE Directive, Member States may further restrict the putting into service of radio equipment in particular for reasons relating to public health. The Commission is aware of a large number of national and local regulations governing the erection of mobile telephone masts. Even though an extensive study of these regulations is practically impossible (as many of these regulations have been adopted at local level), the Commission is not aware of any national regulation which would impose requirements which would effectively relax the regime laid down in Directive 1999/5/EC.

As regards ensuring compliance by equipment with the requirements of the R&TTE Directive, this is primarily a task for Member States. Pursuant to Article 9 of the Directive, the role of the Commission is to arrive at an opinion on notified cases of non-compliance, not to take upon itself to start legal actions against equipment manufacturers. However, where Member States would fail to live up to their obligations to ensure such compliance, the Commission could start infringement procedures under article 226 of the EC Treaty. There are however no reasons for the Commission to believe that this is currently the case. Measurement campaigns, which were performed by a number of Member States have shown that exposure levels from mobile telephone masts were well below the limits of the Council Recommendation.

As regards the final question, the Commission is not aware of any regulations setting minimum distances which would have been adopted at Member State level. Some local authorities, in reaction to public concern, have adopted such type of regulations.

(1) OJ C 137 E, 12.6.2003, p. 179.

(2) OJ L 199, 30.7.1999, p. 59.

(3) OJ L 91, 7.4.1999, p. 10.

(4) OJ C 174 E, 19.6.2001.

(5) Directive 1999/5/EC of the Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, OJ L 91, 7.4.1999.