WRITTEN QUESTION P-2753/02 by Isabelle Caullery (UEN) to the Commission. Blocking of electromagnetic waves.
Date: 2002-09-25
Institutions: European Parliament, Provisional data
Subjects: EU law, electro-magnetic equipment, electromagnetic interference, health policy, interpretation of the law, mobile phone, telecommunications equipment

C 52 E/210

Official Journal of the European Union

EN

6.3.2003

Community legislation only provides for vaccination against ISA in case of an outbreak of the disease and
under certain strict conditions. Contingency plans for emergency vaccination against ISA must be drawn
up by the Member States in accordance with Annex E to Council Directive 93/53/EEC of 24 June 1993,
introducing minimum Community measures for the control of certain fish diseases (2), and submitted to
the Commission for approval.

At the moment there is not sufficient scientific knowledge or practical experience concerning ISA vaccines
and vaccination against this disease. Furthermore, no vaccine is currently authorised as a veterinary
immunological product (vaccine) (3). Therefore, no contingency plan containing provisions for vaccination
against ISA has been approved.

Council Decision 90/424/EEC on expenditure in the veterinary field (4), in combination with Commission
Regulation (EC) No 2722/2000 (5), establishes the conditions under which the Financial Instrument for
Fisheries Guidance (FIFG) could, in relation to ISA, provide for a financial contribution for measures taken
(cid:1) such as eradication programmes, which,
in principle, might include vaccination, and monitoring
programmes.

In accordance with these provisions, the Commission may co-finance these actions upon presentation and
approval of appropriate programmes.

(1) Council Regulation (EEC) 2309/93 of 22 July 1993 laying down Community procedures for the authorisation and
supervision of medicinal products for human and veterinary use and establishing a European Agency for the
Evaluation of Medicinal Products, OJ L 214, 24.8.1993.

(2) OJ L 175, 19.7.1993.
(3) Authorised in accordance with Council Directive 2001/82/EC of the European Parliament and of the Council of
6 November 2001 on the Community code relating to veterinary medicinal products, OJ L 311, 28.11.2001.

(4) OJ L 224, 18.8.1990.
(5) Commission Regulation (EC) No 2722/2000 of 13 December 2000 establishing the conditions under which the
Financial Instrument for Fisheries Guidance (FIFG) may make a contribution towards the eradication of pathological
risks in aquaculture, OJ L 314, 14.12.2000.

(2003/C 52 E/233)

WRITTEN QUESTION P-2753/02

by Isabelle Caullery (UEN) to the Commission

(25 September 2002)

Subject: Blocking of electromagnetic waves

Can the Commission clarify whether current legislation, and in particular consolidated Directive 89/336/
EEC (1) on electromagnetic compatibility and Recommendation 1999/519/EC (2) on the limitation of the
exposure of the general public to electromagnetic fields, permits a Member State to put in place or
authorise the putting in place of systems that prevent the emission of radio waves, in particular from
telephone and mobile telephone relay stations, in certain public places such as hospitals?

(1) OJ L 139, 23.5.1989, p. 19.
(2) OJ L 199, 30.7.1999, p. 59.

Answer given by Mr Liikanen on behalf of the Commission

(24 October 2002)

The Honourable Member asks whether it would be in accordance with Council Directive 89/336/EEC of
3 May 1989 on the approximation of
the Member States relating to electromagnetic
compatibility, and Council Recommendation 1999/519/EEC of 12 July 1999 on the limitation of exposure
of the public to electromagnetic fields (0Hz to 300GHz), for Member States to allow the sale of equipment
for preventing emissions of electromagnetic waves, notably from mobile telephony base stations and hand
sets, in particular for application in hospitals.

the laws of

6.3.2003

EN

Official Journal of the European Union

C 52 E/211

As indicated in the Commission’s response to written question E-2197/02 by Mrs Van Brempt (1), the use
of devices preventing the reception and emission of GSM signals is currently forbidden in all Member
States. Community law, however, does not prevent Member States from allowing them. The national
Parliament in France, for instance, recently passed a law paving the way towards allowing the use of such
equipment in performance halls, subject to the adoption of implementation measures by the national
regulatory authority. Pending adoption of such measures, the sale of jammers remains forbidden in the
Community and the Commission has published guidance on this matter on the Commission website (2)
(http://europa.eu.int/comm/enterprise/rtte/gener.htm).

The use of mobile phones, while it has clear benefits for the quality of life, also has some negative side
effects that need to be managed. Inappropriate use of mobile phones gives rise to problems and it seems
that users of such equipment do not always adopt the appropriate etiquette, for example, that one should
not call, nor be called in certain places such as performance halls. The signals from mobile telephones may
also interfere with electronic equipment. Where such equipment has critical safety functions (for example,
in aeroplanes or in hospitals), mobile phones must be kept at a safe distance.

in that respect,

the Commission considers that

the measures taken to manage these problems must be
However,
jamming might not be the appropriate solution. Prohibiting all
proportionate and,
communication would,
the technology (such as
for instance, also prevent non-problematic uses of
electronic messages, access to the Internet or emergency calls). Furthermore, it is questionable whether the
devices currently available are capable of being confined to operation in the intended areas. The
consultations of the French regulator demonstrate these difficulties.

As to whether jammers could reduce exposure to electromagnetic fields, the Commission draws the
attention of the Honourable Member to the fact that all networks and handsets should comply with the
limits recommended by the Council in its Recommendation 1999/519/EEC. The installation of jammers
does not reduce the exposure of the public to electromagnetic fields. In fact jammers add electromagnetic
energy to the environment and thus slightly increase the exposure of the public.

(1) OJ C 309 E, 12.12.2002, p. 207.
(2) See the web site: http://www.art-telecom.fr/communiques/communiques/index-030502.htm.

(2003/C 52 E/234)

WRITTEN QUESTION E-2762/02

by Bart Staes (Verts/ALE) to the Commission

(1 October 2002)

Subject: Regulation of advertising campaigns for child-oriented festive periods

In his answer to Written Question E-1857/02 (1), Commissioner Bolkestein said that self-regulated
advertising campaigns at child-oriented festive periods might be dealt with at national or local level, on
condition, of course, that the principles of free movement laid down in the EC Treaty were adhered to.

At the same time, he said that the Commission was minded to protect vulnerable target groups ‘such as
children’ from the ‘negative influences’ of advertising.

1.
Can the Commission inform me whether, in its border regions, Belgium may require traders from
neighbouring Member States to comply with this self-regulatory code? For example, may traders from, say,
the Netherlands, Germany, France or Luxembourg, during the voluntarily imposed period when advertising
is prohibited, actually advertise in Belgium articles specially designed to appeal to children? If so, are not
Belgian traders then the victims of unfair competition?

On the other hand, is the Belgian Minister for Economic Affairs authorised to penalise Belgian traders
suggested in the Commission

2.
who do not comply with the self-imposed code in Belgium, as
Communication COM(2002) 289, point 29, pp. 10-11?