WRITTEN QUESTION E-1275/02

by Christopher Huhne (ELDR) to the Commission

(7 May 2002)

Subject: Mobile phone masts

Can the Commission make available information on the relative legislation in force in the Member States with respect to the siting of mobile phone masts?

Does the Commission see any need for or intend to bring forward any proposals itself on this matter?

Answer given by Mr Liikanen on behalf of the Commission

(10 June 2002)

In its answer to Written Question E-1975/01 of Mr Naranjo Escobar(1), the Commission indicated that there is currently no Community legislation harmonising the siting rules for mobile telephone masts. This matter however raises at least two sets of issues, i.e. the protection of the visual environment and the protection of health.

The protection of the visual environment has been very much a matter for local, regional and Member State authorities. The procedures in use and criteria applied vary largely across and even within Member States and reflect the diversity of planning rules and traditions in the Community. The Authorisation Directive (Directive 97/33/EC(2)) allows the imposition by Member States of public interest conditions on the establishment and/or operation of telecommunications networks or the provision of telecommunications services for the protection of the environment and town and country planning objectives.

The recently adopted Framework Directive(3) and Authorisation Directive(4) continue to encourage Member States to impose environmental and town and country planning and public health protection requirements including co-location and facility sharing.

Where it concerns the protection of safety and health of the citizen, measures and recommendations have been adopted at Community level in order to ensure that the public is not unduly exposed to electromagnetic waves.

Directive 1999/5/EC(5) governing radio equipment (including mobile telephone masts) obliges manufacturers to ensure that they are safe. In particular Article 3.1.a of the Directive sets a general obligation for manufacturers to protect the health of the user and of any other person by radio equipment when used for their intended purpose. Article 7.2 of that same Directive explicitly enables national authorities to impose restrictions on the use of radio equipment for the purpose of protection of public health; this may include for example the imposition of minimum distances between telephone masts and the public.

Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(6) provides guidance on the safety levels to be respected. It invites Member States to limit the exposure of the general public to electromagnetic fields between 0 Herz (Hz) and 300 Gigaherz (Ghz) to certain levels. The basic restrictions and reference levels included in the Recommendation aim at ensuring users a high level of protection against acute and long-term effects of non-ionising radiation emitted by radio equipment.

Member States, in accordance with the EC Treaty, may provide for a higher level of protection than set out in the above-mentioned Council Recommendation, but are in general implementing the limits thereof. Furthermore, European standards drafted by the European Committee for Electrotechnical Standardisation (Cenelec) will, as requested by the Commission, ensure the compliance of devices put on the market with the limits set up in the Council Recommendation. These standards will be recognised under Directive 1999/5/EC and replace national conflicting standards.

This Recommendation further invites the Commission to keep the matter under review taking into consideration ongoing research and relevant aspects of precaution and considering the development of new technologies and the necessity to respond more rapidly to new scientific evidence.

At the request of the Commission, the Scientific Committee on Toxicity, Ecotoxicity and the Environment adopted on 30 November 2001 an opinion on the matter and confirmed the limits recommended by the Council(7).

Having addressed potential health aspects of mobile phone masts, the Commission currently does not plan to propose a Community-wide harmonised procedure for controlling the positioning of mobile phone masts.

(1) OJ C 147 E, 20.6.2002, p. 6.

(2) Directive 97/33/EC of the Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability though application of the principles of Open Network Provision (ONP), OJ L 199, 26.7.1997. The provisions of this Directive are expected to be included in a new framework Directive, currently under discussion in the Parliament and the Council.

(3) Directive 2002/21/EC of the Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services, OJ L 108, 24.4.2002.

(4) Directive 2002/20/EC of the Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services, OJ L 108, 24.4.2002.

(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.

(6) OJ L 199, 30.7.1999.

(7) Implementation Report on the Council Recommendation limiting the public exposure to electromagnetic fields (0 Hz to 300 GHz) see http://europa.eu.int/comm/food/fs/sc/sct/outcome_en.html.