WRITTEN QUESTION E-1975/01

by Juan Naranjo Escobar (PPE-DE) to the Commission

(5 July 2001)

Subject: Legal vacuum concerning the erection of mobile telephone masts

Numerous European consumers' associations have condemned the legal vacuum that currently exists concerning the erection of mobile telephone masts, whereby no account is taken of the damage caused to the urban environment.

As a result of this vacuum, any community is entitled to erect mobile telephone masts on its buildings, provided that compensation is paid, regardless of the potential environmental and health problems.

Will the Commission explain the Community's legal position in the matter, and state whether there are any general Community rules that apply to the erection of mobile telephone masts that would clarify the confusion that currently surrounds this question and which has been denounced by consumers' associations across the Union?

Answer given by Mr Liikanen on behalf of the Commission

(4 September 2001)

There is no Community legislation harmonising installation rules for mobile telephone masts in order to ensure that no damage is caused to the urban environment. That doesn't however mean that a legal vacuum exists.

Protecting the urban environment is very much a matter for local, regional and Member State authorities. The procedures in use and criteria applied vary largely across Member States and reflect the diversity of planning rules and traditions in the Community. They typically include considerations on the need to protect the environment and town planning rules. European legislation governing telecommunication services (Directive 97/33/EC(1)) explicitly allows Member States to regulate locally, stipulating that where facility sharing can be of benefit for town planning, environmental, economic or other reasons, arrangements can be imposed.

Where it concerns the safety and health of the citizen, Community regulations and recommendations have however been adopted in order to ensure that the public is not unduly exposed to electromagnetic waves:

- Community legislation governing radio products (including mobile telephone masts) obliges manufacturers to ensure that they are safe. In particular Article 3.1.a of Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(2) (the R & TTE Directive) obliges manufacturers to ensure, that their products do not affect the health 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 products, e.g. by prescribing minimum distances from the public, so as to ensure that telephone masts are appropriately installed.

- The Community has further provided guidance on the safety levels to be respected. On 12 July 1999 the Council adopted a Recommendation to Member States limiting the exposure of the general public to electromagnetic fields from 0Hz to 300Ghz (1999/519/EEC(3)). The full respect of the basic restrictions and reference levels included in the Recommendation ensure users a high level of protection against acute and long-term effects of non-ionising radiation emitted by such devices. The limits recommended include a safety factor of 50 to cover possible long-term effects in the whole frequency range. Member States in accordance with the Treaty provide for a higher level of protection than set out in this recommendation. 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.

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

(1) 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). The provisions of this Directive are expected to be included in a new framework Directive, currently under discussion in the Parliament and the Council OJ L 199, 26.7.1997.

(2) OJ L 91, 7.4.1999.

(3) OJ L 199, 30.7.1999.