WRITTEN QUESTION E-2773/00 by Carl Lang (TDI) to the Commission. Democracy in Poland.
Date: 2000-09-01
Institutions: European Parliament, Provisional data
Subjects: Communism, Poland, crime against individuals, democracy, legal process, political discrimination, political violence, social rights, the EU's international role

C 113 E/172

Official Journal of the European Communities

EN

18.4.2001

Since 1997, 460 masts have been installed in the city of Rome alone, in addition to the 150 existing prior
to that date. The consumers(cid:146) association, Codacons, has carried out a number of studies into the dangers
posed by the electromagnetic fields generated by such masts, reaching the conclusion that long-term
exposure to these waves leads to a decrease in melatonin, weakening the immune system.

In the light of the above:

1. Are there any directives governing the uncontrolled installation of masts generating electromagnetic

fields?

2. Does the Commission not think that local residents should be involved in decisions on the installation

of such masts?

3. What are the Commission(cid:146)s general views on this matter?

Answer given by Mr Byrne on behalf of the Commission

(17 October 2000)

The Community regulatory framework on telecommunications in a competitive environment establishes
the principle of the national regulatory authority of each Member State being responsible for supervision,
and intervention where necessary, on matters related to the installation of antennas and other facility
sharing arrangements required by mobile operators for the deployment of its network infrastructure. In
particular under Article 9(2) of 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
through application of the principles of open network provision (ONP) (1) the national regulatory authority
is empowered to set out ex ante conditions to ensure the maintenance of essential requirements including
maximum levels of electromagnetic radiation of antennas for the protection of public health. Moreover,
the Community has provided further guidance to Member States to exercise its responsibility in this regard
with the publication of Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of
exposure of the general public to electromagnetic fields (0Hz to 300 Ghz) (2).

Italian legislation and rules on the limits for the exposure to the general public to electromagnetic fields,
including technical conditions for the safety installation of antennas and maximum emission of electro-
magnetic fields (Italian Ministerial Decree No381 of 10 September 1998) are considered to be generally in
line with international standards and recommendations, for example, those included in Council Recom-
mendation 1999/519/EC even if they are not legally binding. The full respect of the basic restrictions and
reference levels included in the Recommendation will ensure users a high level of protection against acute
and long-term effects of non-ionising radiation emitted by such devices. Obviously, those rules have to be
enforced via local implementation and a competent control body should ensure that the protection and
quality objectives adopted by the legislator are respected in all cases, and this responsibility belongs to the
Italian authorities.

(1) OJ L 199, 26.7.1997.
(2) OJ L 199, 30.7.1999.

(2001/C 113 E/183)

WRITTEN QUESTION E-2773/00

by Carl Lang (TDI) to the Commission

(1 September 2000)

Subject: Democracy in Poland

More than ten years after the fall of the Berlin wall, opponents of the Communist dictatorship in Poland
are still suffering political persecution and discrimination, particularly with regard to their social rights.

18.4.2001

EN

Official Journal of the European Communities

C 113 E/173

One example among many is the case of Mr Danilowicz, now a French resident, whose pensions rights
acquired in Poland were not recognised, a matter previously brought before the former Commission
President, Jacques Delors. At the same time, former officials responsible for ordering arbitrary trials or even
summary executions have not been brought to justice but continue to hold important positions in political
or economic life.

The Commission has said on several occasions that it will pay particular heed to respect for human rights
throughout the accession process for the countries of eastern Europe.

1. What measures will the Commission take vis-(cid:224)-vis the current Polish Government with a view to
ending this discrimination and persecution?

2. Will the Commission make sure before the accession of the countries of central and eastern Europe
that Communist criminals guilty of crimes against their peoples are not only brought to justice but also
deprived of any influence over the economic or political life of these countries?

Answer given by Mr Verheugen on behalf of the Commission

(17 October 2000)

The Commission confirms that it is paying particular heed to respect for human rights, particularly with
regard to the accession process for the countries of Central and Eastern Europe.

The Commission deals with these issues in the regular reports on applicant countries and tries to assess
information from a wide range of sources, in particular national and international specialist organisations.

In this context, the Commission notes that during the last ten years since the introduction of democracy in
Poland, the government has been particularly interested in the activities of the previous socialist regime of
the Polish People(cid:146)s Republic, in addition to economic recovery and efforts to adapt to the requirements of
the Community acquis with a view to future accession. A number of cases have been reviewed and people
have been brought to justice for repressive acts committed in the past.

The Commission also notes that the Polish government is currently carrying out in-depth investigations,
through its (cid:145)Lustracja(cid:146) legislation, into the past of candidates for administrative posts, to check whether
they had previously worked with the security services.

The Commission has limited powers to intervene in individual cases since they must first be dealt with by
the national courts and the Commission is not in a position to pass judgment.

In this situation the Commission(cid:146)s role is to supervise the implementation of national measures to ensure
that the process runs smoothly. This will ensure that the accession criteria required by the Community, set
out in Article 6(1) and Article 49 of the Amsterdam Treaty, will be met before accession.

In conclusion, what the Commission can do is to support the creation of structures. It is providing the
Polish authorities with a considerable amount of logistical support and technical assistance, aided by
national experts from the Member States.