WRITTEN QUESTION E-2792/01 by Baroness Nicholson of Winterbourne (ELDR) to the Commission. Health implications of mobile phone masts.
Date: 2001-10-09
Institutions: European Parliament, Provisional data
Subjects: European standard, electromagnetic interference, mobile phone, public health, report, scientific research, telecommunications equipment, urban population

C 134 E/104

Official Journal of the European Communities

EN

6.6.2002

On 1 February 2000, the Commission has applied to the Court of Justice because Germany failed to
3.
ensure that, within a period of two months after the request, the authorities of the Land Schleswig-Holstein
either provided the information requested or refused the request (3). The German Act of 27 July 2001 also
addressed the issue of this question.

Article 21 No 2 modifies § 5 (2) 1st sentence of the Environmental Information Act as follows:

Should the applicant be entitled to receive the information, access has to be granted within two
months; should there be no entitlement the application has to be rejected within this period (4).

The Commission is satisfied that this provision prevents excessive delays.

On 29 June 2000, the Commission adopted a proposal for a Directive of the Parliament and of the
Council on public access to environmental information (5). The proposal will replace Directive 90/313/EEC.
On the one hand, the proposal aims at correcting the shortcomings identified in the practical application
of Directive 90/313/EEC. On the other hand,
it will pave the way towards the conclusion by the
Community of the United Nations/Economic Commission for Europe (UN/ECE) Convention on Access to
Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters by
implementing the obligations arising from the so-called first pillar of
the Convention (access to
environmental information) into Community law.

(1) OJ L 158, 23.6.1990.
(2) BGBI. 2001, I-1950.
(3) Case C-29/00 not yet decided, cf. OJ C 149, 27.5.2000, p. 14.
(4) Non-expert translation, the original text reads as follows:

‘Bei Bestehen eines Anspruchs ist die Information
innerhalb einer Frist von zwei Monaten zugänglich zu machen; bei fehlendem Anspruch ist innerhalb dieser Frist
ein blehnungsbescheid zu erteilen’.

(5) OJ C 337 E, 28.11.2000.

(2002/C 134 E/106)

WRITTEN QUESTION E-2792/01

by Baroness Nicholson of Winterbourne (ELDR) to the Commission

Subject: Health implications of mobile phone masts

(9 October 2001)

Does the Commission have any plans to look into the health implications of siting mobile telephone masts
in highly populated residential areas?

Answer given by Mr Byrne on behalf of the Commission

(22 January 2002)

The positioning of mobile phone masts is first and above all a matter between the mobile operators and
local, regional and state authorities. The procedures in use and criteria applied vary largely across Member
States and may include considerations on the possible health effects of electromagnetic radiation, the need
to protect the environment, the need to respect town planning rules etc.

At Community level, 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) (1) stipulates that where facility
sharing can be of benefit for town planning, environmental, economic or other reasons, Member States
and national regulatory authorities may impose sharing arrangements and intervene to resolve disputes
between commercial parties. This provision is expected to be carried over into the new telecommuni-
cations regulatory framework that is currently under discussion in the Council and the Parliament.

6.6.2002

EN

Official Journal of the European Communities

C 134 E/105

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 of the Parliament and of the
Council of 9 March 1999 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 Recommendation 1999/519/EC (3) to Member States limiting the exposure of the general
public to electromagnetic fields from 0Hz to 300Ghz. 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 EC Treaty, may provide for a higher level of protection than set out in this
Recommendation. The limits were confirmed by the Commission Scientific Committee on Toxicology-
Ecotoxicology and the Environment in its new opinion on health risks associated with exposure to
electromagnetic fields published on the 30th of October, stating that: ‘the additional information that has
become available on carcinogenic and other non-thermal effects of radiofrequency and microwave
frequencies in the last years does not justify a revision of exposure limits set by the Commission on the
basis of the 1998 opinion of the Scientific Steering Committee’

Furthermore, European standards drafted by European Committee for Electro-technical 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.

The Commission is providing some € 12,8 million to support research programmes (with a total value of
over € 32,5 million) on the potential influence of electromagnetic fields (EMF) on human health. This
research includes one specific project which covers aspects of possible health effects that might arise from
mobile phone base stations. This four year project has not yet reached half way but, as with other EMF
related research projects, co-ordination arrangements within the Commission have recently been revised to
ensure that research results will be widely disseminated as soon as they become available.

(1) OJ L 199, 26.7.1997.
(2) OJ L 91, 7.4.1999.
(3) OJ L 199, 30.7.1999.

(2002/C 134 E/107)

WRITTEN QUESTION E-2794/01

by Laura González Álvarez (GUE/NGL) to the Commission

(9 October 2001)

Subject: Environmental transgressions in the Zuloko-Ibarreta wetlands (Baracaldo, Spain)

In recent days, several dozen lorries have been dumping earth, rubble and other inert matter in the
reedbeds and marshlands of the Zuloko-Ibarreta flats in the municipality of Baracaldo. This has done
irreversible damage to the environmental richness of these wetlands and its paludal vegetation, which
provide a nesting place for various species of bird which are found only in this type of habitat and which
are listed in the Catalogue of Endangered Species in the Basque Country. Many birds feed in these
wetlands, particularly insectivorous birds that feed on the abundant aphids in the reedbeds as they migrate
through the area or when they winter there. The importance of the wetlands as a place of rest, as feeding
grounds and as an area for the reproduction of migratory birds should also be noted.