WRITTEN QUESTION E-2736/00

by Charles Tannock (PPE-DE) to the Commission

(1 September 2000)

Subject: Consistency in the application of the precautionary principle

How can the Commission justify a blanket ban on six phthalates when, after reviewing the single unreplicated piece of research on the dangers of phthalates, its own Scientific Committee the Scientific Committee for Toxicity, Eco-toxicity and the Environment (CSTEE) concluded that there was no identifiable risk that could lead to a justified ban, whilst at the same time refusing to consider precautionary measures to protect children (who are known to be more sensitive to electromagnetic radiation) from the potential hazards of using mobile telephones, given that there exists a body of published research which casts doubt on the safety of mobile-telephone use in adults and the fact that, as M. Laurent Bontoux admitted to the Environment Committee when giving evidence for the Commission on 24 May, there is no known explanation for the doubling in the incidence of brain neoplasms (tumours) over the past ten years?

Answer given by Mr Byrne on behalf of the Commission

(6 December 2000)

The Commission has, on previous occasions, extensively presented to Parliament the reasons and justifications for a ban on certain phthalates in toys and childcare articles intended to be placed in the mouth by babies under three years old.

The adverse toxicological effects of the phthalates in question are well established. Full details of the subject may be found in the relevant opinions of the scientific committee on toxicity, eco-toxicity and the environment (SCTEE), which are easily available on the Commission web-site.

Based both on the scientific information available and on other relevant considerations (notably the lack of suitable testing methods for phthalate migration, the sensitive group of the population exposed and the uncertainties regarding other sources of exposure to phthalates), the Commission has concluded that a ban on these substances is justified in the specific case of childcare articles and toys intended for mouthing by babies under three. Some Member States and Parliament itself have taken the view that an even broader ban is necessary. In particular, Parliament requested, in July 2000, its extension to all phthalates and all toys for babies under three years of age. This request goes far beyond the provisions of the existing Commission decision.

As far as the potential hazards of mobile telephones are concerned, the attention of the Honourable Member is drawn to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields (0 HZ to 300 GHZ)(1). That Recommendation sets basic restrictions and reference levels that the Member States should apply in order to ensure adequate health protection of the whole population, including children, against electromagnetic radiation.

These levels of health protection set by the Council Recommendation were obtained by the application of safety factors to the limits of exposure to the electromagnetic fields. These safety factors made it possible, as part of a precautionary approach, to address long term effects for which there is currently no scientific certainty. The Council Recommendation will be reviewed in 2004, or earlier, if validated new scientific evidence of risk emerges for consideration by the scientific steering committee.

The Commission would point out that, under the provisions of the Treaty concerning health protection, it endeavours to promote the development of a strict health protection policy for citizens. Accordingly, it supports, inter alia, a number of studies designed to produce further advances in knowledge on the potential and actual effects on health of the use of electromagnetic radiation. These studies should take account of, among other things, any developments in scientific knowledge in this area that are scientifically validated.

In addition, mobile phones are covered by 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(2). This Directive, in conjunction with Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits(3), includes essential safety requirements applicable to radiation.

In October 2000, the Commission gave a standardisation mandate to the European standardisation bodies to establish, within the framework of these directives, specific standards applicable to mobile phones, taking into account the exposure limit levels in the Council Recommendation 1999/5/EC. Any specific protection needs will be considered within the framework in which European harmonised standards are developed.

(1) OJ L 199, 30.7.1999.

(2) OJ L 91, 7.4.1999.

(3) OJ L 77, 26.3.1973.