WRITTEN QUESTION E-2736/00 by Charles Tannock (PPE-DE) to the Commission. Consistency in the application of the precautionary principle.
Date: 2000-09-01
Institutions: European Parliament, Provisional data
Subjects: European social policy, child protection, mobile phone, plastics, precautionary principle, toy industry

19.6.2001

EN

Official Journal of the European Communities

C 174 E/7

The Honourable Member refers to International Atomic Energy Agency (IAEA) reports on the situation in
the Czech Republic. Such reports aim to identify shortcomings and to encourage specific improvements.
The Commission welcomes the IAEA work to ensure the efficiency of the regulatory authority and
monitor the safety environment in the Czech Republic, in view of the commissioning of the Temelin
Nuclear power plant (NPP). The Commission has involved SUJB in various working groups with regulatory
authorities of Member States to help strengthen SUJB(cid:146)s capacities further. The Commission has, already
over a period of several years, provided assistance in developing a strong and independent nuclear
regulatory body in the Czech Republic. The level of professional effectiveness of the national nuclear
safety regulators in candidate countries will also be an element of attention under the current efforts
undertaken by the Council. The Czech Republic has repeatedly forwarded information to the Commission.

The Honourable Member(cid:146)s attention is also drawn to the recent publication of the report on nuclear safety
in candidate countries carried out by the Western European Nuclear Regulators(cid:146) Association (WENRA)
which concludes that the safety improvement programme for Temelin units 1-2 is the most comprehen-
sive ever applied to a VVER-1000 reactor and that the two units should reach a safety level comparable to
that of currently operating Western European reactors, provided a few safety issues which still require
clarification are resolved.

The negotiations with the Czech Republic on the energy chapter were opened in November 1999. The
Union(cid:146)s common position does not indicate any willingness of the Member States to grant extended
transition periods on the liberalisation of the electricity market. The Lisbon European Council expressed
the Union(cid:146)s intention to speed up the liberalisation process. This policy aim will also impact on the
liberalisation process undertaken by candidate countries. Among the elements of the functioning of the
internal energy market are reciprocity and compliance with environmental standards.

(2001/C 174 E/006)

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 (cid:129) the Scientific
Committee for Toxicity, Eco-toxicity and the Environment (CSTEE) (cid:129) 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.

C 174 E/8

Official Journal of the European Communities

EN

19.6.2001

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 recogni-
tion 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.

(2001/C 174 E/007)

WRITTEN QUESTION E-2743/00

by Monica Frassoni (Verts/ALE) to the Commission

(1 September 2000)

Subject: Sewage plant in Sarroch, Sardinia

In 1993 the region of Sardinia delegated responsibility to the municipality of Sarroch for building a
sewage treatment plant at Perd(cid:146)e Sali Porto Columbu with funding from the Envireg Community
programme (1). After the project had been assigned to a firm (2), the work was suspended on 26 February