WRITTEN QUESTION E-1975/01 by Juan Naranjo Escobar (PPE-DE) to the Commission. Legal vacuum concerning the erection of mobile telephone masts.
Date: 2001-07-05
Institutions: European Parliament, Provisional data
Subjects: Community certification, competence of the Member States, electromagnetic interference, mobile phone, public health, technical standard, telecommunications equipment, urban area

C 147 E/6

Official Journal of the European Communities

EN

20.6.2002

is clear that

the overall responsibility for resolving the situation lies with the Indonesian
While it
government, it is also clear that the underlying causes for the conflict are not necessarily attributable to the
present government. The Commission is not in a position to confirm whether the government has given
assistance to Laskar Jihad or other groups.

The Commission has consistently offered humanitarian assistance, and is prepared to continue this
support, as well as to consider a suitable intervention to help with rehabilitation and community
reconciliation.

(2002/C 147 E/007)

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:

7 Community legislation governing radio products (including mobile telephone masts) obliges manu-
facturers to ensure that they are safe. In particular Article 3.1.a of Directive 1999/5/EC on radio
equipment and telecommunications
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.

terminal equipment and the mutual

recognition of

20.6.2002

EN

Official Journal of the European Communities

C 147 E/7

7 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 Council of 30 June 1997 on interconnection in tele-
communications 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 7 OJ L 199, 26.7.1997.

the Parliament and of

(2) OJ L 91, 7.4.1999.
(3) OJ L 199, 30.7.1999.

(2002/C 147 E/008)

WRITTEN QUESTION E-2016/01

by Chris Davies (ELDR)
and Monica Frassoni (Verts/ALE) to the Commission

(13 July 2001)

Subject: Difficulties in progressing bi-communal projects on Cyprus

Will the Commission list by name, nature of scheme, and estimated cost, every bi-communal project
proposed, however tentatively, since an allocation of funding was first agreed, to which the Government of
Cyprus, or any official body associated with it, has raised an objection? Will it summarise the nature of
each objection?

Answer given by Mr Verheugen on behalf of the Commission

(6 September 2001)

There has never been such a case, since bi-communal projects are most of the time the initiative of the
Government of Cyprus.

(2002/C 147 E/009)

WRITTEN QUESTION E-2018/01

by Chris Davies (ELDR) to the Commission

(13 July 2001)

Subject: Experience of officials in External Affairs DG

How many individuals are employed within External Affairs DG with the status of Head of Unit or above?

How many of these individuals have served on EU delegations outside the European Union for continuous
periods of more than one year?