WRITTEN QUESTION P-1649/00

by Alexander de Roo (Verts/ALE) to the Commission

(18 May 2000)

Subject: Radioactive smoke detectors

Radioactive smoke detectors containing americium-241 are banned in Germany and France although they are permitted in other EU Member States, such as the Netherlands, where they are sold in DIY shops.

There are also optical smoke detectors which operate without radioactivity. In most fires in the home a lot of smoke is generated (85-90 % of cases) and the optical devices respond after only seven minutes. An ionisation smoke detector requires 15 to 20 minutes.

A radioactive smoke detector can cause lung cancer. Furthermore, when it is disposed of the radioactivity enters the environment unchecked.

1. Does the Commission agree that in the interest of public health and protection of the environment radioactive smoke detectors should be banned not only in Germany and France but in all EU Member States?

2. Is the Commission prepared, pending the introduction of a ban, to make it obligatory to indicate on the packaging of radioactive smoke detectors, in words and in pictures, that they are devices with radioactive radiation?

Answer given by Mrs Wallström on behalf of the Commission

(20 June 2000)

The general principles governing protection of workers and the general public against the dangers arising from ionising radiation are laid down in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(1). This replaces, inter alia, Council Directive 80/836/Euratom of 15 July 1980(2), which still forms the legal basis for the national radiation protection legislation currently in force in most of the Member States. Title IV of the new Directive requires that all practices resulting in exposure to ionising radiation have to be justified taking into account economic, social and other benefits in relation to the health detriment they may cause.

According to the information available to the Commission most Member States, including those mentioned, have introduced a system of licensing for smoke detectors operating with ionising chambers because their use is justified due to the special advantageous technical performances.

The basic safety standards directive stipulates that no reporting and authorisation for practices is needed if the total quantity of radioactivity does not exceed the derived exemption levels. If exemption levels are exceeded, no reporting is required for apparatus containing radioactive substances provided that they are type-approved by a Member State's competent authority and are constructed as a sealed source, if given dose rates are not exceeded and if conditions for disposal have been specified by the competent authority.

In recognition of the particular problems of consumer products containing radioactive substances, the Commission has regularly reviewed the situation within the Member States. A working group established under the terms of Article 31 of the Euratom Treaty is currently examining the most recent trends and developments as to how the Member States have adopted the new basic safety standards directive requirements in respect of consumer goods containing radioactive substances. As soon as the working group has completed its work, the Commission will reconsider the situation and may take steps towards harmonisation of national regulations or administrative acts for the manufacture, placing on the market and disposal of such devices.

In addition, it should be noted that smoke detectors are construction products falling within the scope of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(3). In this context, the Commission has issued a mandate to the European committee for standardisation (CEN) to develop a harmonised standard for these products. Once the European standard is available, expected to be in 2001, the Community marking of such products will become possible and this will be accompanied by information about the performance characteristics of the product.

(1) OJ L 159, 29.6.1996.

(2) OJ L 246, 17.9.1980.

(3) OJ L 40, 11.2.1989.