WRITTEN QUESTION E-0903/03

by María Sornosa Martínez (PSE) to the Commission

(24 March 2003)

Subject: Application of the precautionary principle in respect of electromagnetic pollution

The pollution caused by electromagnetic fields and the effect it has on human health are issues which continue to worry the people of Europe and, in particular, the many groups within Spain's population who have expressed their alarm by drawing up complaints and petitions and submitting them to the EU institutions. Such is the case with the local people living in Bacarot (Alicante region), who are extremely concerned about the proliferation in their area (illegal under local urban-planning laws) of installations which generate electromagnetic fields.

The Commission once put forward a Recommendation (which was adopted by the EU in 1999) on the maximum recommended limits for exposure to electromagnetic fields. According to the replies given by Mr Byrne, Commissioner, to questions E-1355/01(1) and P-3391/01(2), the limits and safe distances laid down in that Recommendation should remain in place, in accordance with the data which emerged from the study carried out by the Committee of Experts who were consulted in October 2001. However, the Commission also acknowledged the huge growth in mobile telephony which had resulted in, inter alia, a plethora of antennas and electromagnetic installations which had not been proven scientifically to be harmless to human health. Consequently, it announced a new package of measures to be introduced by September 2002 in an attempt to harmonise the individual Member States' relevant laws, above and beyond what is laid down in Directive 1999/5/EC(3) on radio equipment.

Does the Commission not think that, pursuant to the precautionary principle, the obsolete Recommendation 1999/519/EC(4) should be superseded and a Community legislative framework relating to electromagnetic fields be established, so as to provide the people of Europe with a high level of protection against the more-than-likely serious, long-term effects of the radiation emitted by equipment such as that which is due to be installed at Bacarot?

What conclusions has the Commission reached with regard to electromagnetic pollution and has it taken the further action which Mr Byrne said would be completed by September 2002?

How does the Commission rate Spain's degree of compliance with the standards laid down by the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with the Commission's Mandate M/305, with particular reference to harmonised on-site measuring methods and the provision of information to the general public and to the sectors concerned?

(1) OJ C 350 E, 11.12.2001, p. 131.

(2) OJ C 147 E, 20.6.2002, p. 165.

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

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

Answer given by Mr Byrne on behalf of the Commission

(8 May 2003)

The Scientific Committee on Toxicity-Ecotoxicity and the Environment confirmed on 30 November 2001 that: the additional information which has become available on carcinogenic and other non-thermal effects of radio frequency and microwave radiation frequencies in the last years does not justify a revision of exposure limits set by the Commission.

Following this advice, the Commission does not intend to change these limits. In the context of the reviewing process of the Council Recommendation, the Commission will prepare a report, by 2004, taking into account the reports of the Member States and the latest scientific data and advice. The Commission will react to any scientific risks not taken into consideration to date in the present set of recommended limits.

The Commission observes that, in response to concerns expressed by the public, there is pressure to dismantle or move Global System for Mobile communications (GSM) base stations. Objectively, there are no reasons to do so however. Measurements in Member States have confirmed that exposure levels are in general orders of magnitude below the values considered safe by the Council Recommendation. There are no reasons to expect that such levels would be different in Spain. The fact that base stations are apparently mounted illegally is to the knowledge of the Commission not based in the fact that GSM operators are exceeding exposure limits but in the reluctance of many local governments to timely issue building permits, which substantially affects the business of operators. The Commission observes a large number of local installation regulations in Spain, all aiming to protect the citizen against the effects of electromagnetic fields. Many of the rules observed (e.g. imposing safety distances of 500 meters and more) lack a scientific basis and most likely don't have the effect of reducing exposure in reality.

In the context of 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, the Commission mandated the European Standardisation Organisation to develop safety standards for mobile communications. These standards will ensure a harmonised way of ensuring safety of mobile masts and handsets and will provide for a harmonised in-situ testing method to measure real life exposure.

Concerning the Communication(1) on the full roll-out of third generation mobile communications, the following actions have been proposed: (i) a dialogue with Member States on harmonizing the application of the precautionary principle on limits (ii) technical specifications for safe equipment, (iii) research, and (iv) awareness campaign. While the Communication does not set out specific deadlines, the Commission pursues these points continuously.

(1) COM(2002) 301 final.