WRITTEN QUESTION P-2753/02

by Isabelle Caullery (UEN) to the Commission

(25 September 2002)

Subject: Blocking of electromagnetic waves

Can the Commission clarify whether current legislation, and in particular consolidated Directive 89/336/EEC(1) on electromagnetic compatibility and Recommendation 1999/519/EC(2) on the limitation of the exposure of the general public to electromagnetic fields, permits a Member State to put in place or authorise the putting in place of systems that prevent the emission of radio waves, in particular from telephone and mobile telephone relay stations, in certain public places such as hospitals?

(1) OJ L 139, 23.5.1989, p. 19.

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

Answer given by Mr Liikanen on behalf of the Commission

(24 October 2002)

The Honourable Member asks whether it would be in accordance with Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility, and Council Recommendation 1999/519/EEC of 12 July 1999 on the limitation of exposure of the public to electromagnetic fields (0Hz to 300GHz), for Member States to allow the sale of equipment for preventing emissions of electromagnetic waves, notably from mobile telephony base stations and hand sets, in particular for application in hospitals.

As indicated in the Commission's response to written question E-2197/02 by Mrs Van Brempt(1), the use of devices preventing the reception and emission of GSM signals is currently forbidden in all Member States. Community law, however, does not prevent Member States from allowing them. The national Parliament in France, for instance, recently passed a law paving the way towards allowing the use of such equipment in performance halls, subject to the adoption of implementation measures by the national regulatory authority. Pending adoption of such measures, the sale of jammers remains forbidden in the Community and the Commission has published guidance on this matter on the Commission website(2) (http://europa.eu.int/comm/enterprise/rtte/gener.htm).

The use of mobile phones, while it has clear benefits for the quality of life, also has some negative side effects that need to be managed. Inappropriate use of mobile phones gives rise to problems and it seems that users of such equipment do not always adopt the appropriate etiquette, for example, that one should not call, nor be called in certain places such as performance halls. The signals from mobile telephones may also interfere with electronic equipment. Where such equipment has critical safety functions (for example, in aeroplanes or in hospitals), mobile phones must be kept at a safe distance.

However, the Commission considers that the measures taken to manage these problems must be proportionate and, in that respect, jamming might not be the appropriate solution. Prohibiting all communication would, for instance, also prevent non-problematic uses of the technology (such as electronic messages, access to the Internet or emergency calls). Furthermore, it is questionable whether the devices currently available are capable of being confined to operation in the intended areas. The consultations of the French regulator demonstrate these difficulties.

As to whether jammers could reduce exposure to electromagnetic fields, the Commission draws the attention of the Honourable Member to the fact that all networks and handsets should comply with the limits recommended by the Council in its Recommendation 1999/519/EEC. The installation of jammers does not reduce the exposure of the public to electromagnetic fields. In fact jammers add electromagnetic energy to the environment and thus slightly increase the exposure of the public.

(1) OJ C 309 E, 12.12.2002, p. 207.

(2) See the web site: http://www.art-telecom.fr/communiques/communiques/index-030502.htm.