WRITTEN QUESTION E-0761/03 by Charles Tannock (PPE-DE) to the Commission. EU requirements relating to the erection of mobile telephone masts.
Date: 2003-03-12
Institutions: European Parliament, Provisional data
Subjects: application of EU law, electromagnetic interference, health risk, public health, regulation of telecommunications, residential area, technical standard, telecommunications equipment, transmission network

C 88 E/332

Official Journal of the European Union

EN

8.4.2004

(2004/C 88 E/0339)

WRITTEN QUESTION E-0761/03

by Charles Tannock (PPE-DE) to the Commission

(12 March 2003)

Subject: EU requirements relating to the erection of mobile telephone masts

In answer to Written Question E-3246/02 (1), Commissioner Byrne states inter alia that:

Regarding the potential existence of any European regulation governing the erection of mobile
telephone masts, the positioning of mobile telephone masts is a matter falling under the responsibility
for local, regional and State authorities.

Union legislation governing radio products, including mobile telephone masts, obliges manufacturers
to ensure that the products are safe when used for their intended purpose but national or local
for instance, by
authorities may impose additional restrictions on the use of radio products,
prescribing minimum distances
telephone masts are
appropriately installed.

from the public,

to ensure that

so as

Regarding the potential dangers of mobile telephone masts, the Community has further provided
guidance on the safety levels to be respected by establishing a set of maximum exposure limits.

Can the Commission clarify the legal status of Council Recommendation 1999/519/EEC (2)? Specifically,
does the guidance on the safety levels referred to in the Recommendation have only advisory effect, or
these guidelines were adhered to either by
would a Member State which failed to ensure that
manufacturers or the appropriate planning authorities be in breach of Directive 1999/5/EC (3) (bearing in
mind the general requirement contained in preamble 14 of the Directive that ‘care should be taken that
radio equipment and telecommunications terminal equipment should not represent an avoidable hazard to
health’) or any other EU legislation?

Is the Commission in a position to positively affirm that the regulations governing the erection of mobile
telephone masts in each Member State conform to the requirements on manufacturers or others laid-down
in Directive 1995/5/EC or does the Commission only investigate after a complaint is received?

Finally, does the Commission have information on which Member States insist that mobile telephone
masts be located at least 500 metres away from schools and residential areas?

(1) OJ C 137 E, 12.6.2003, p. 179.
(2) OJ L 199, 30.7.1999, p. 59.
(3) OJ L 91, 7.4.1999, p. 10.

Answer given by Mr Liikanen on behalf of the Commission

(14 April 2003)

The exposure limits of Council Recommendation 1999/519/EEC of 12 July 1999 on the limitation of
exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) are not binding on Member
States, since recommendations are non binding pursuant to the EC Treaty. The majority of Member States,
including the United Kingdom, have adopted them. While some Member States apply more stringent
levels, no Member State applies less stringent levels.

8.4.2004

EN

Official Journal of the European Union

C 88 E/333

As indicated in its reply to the Honourable Member’s written question E-2736/00 (1), the Commission, in
the application of radio and telecommunications terminal equipment (R & TTE) Directive 1999/5/EC (2),
mandated the European Standardisation Organisations to take full account of these limits in drafting
harmonised safety standards for mobile communications equipment. As a consequence, equipment which
would expose the public beyond the levels of the Council Recommendation would clearly not comply with
the essential safety requirements of the Directive. In such cases, article 9 of the Directive obliges Member
States to take appropriate action against such non-compliant equipment.

Under article 7.2 of the R & TTE Directive, Member States may further restrict the putting into service of
radio equipment in particular for reasons relating to public health. The Commission is aware of a large
number of national and local regulations governing the erection of mobile telephone masts. Even though
an extensive study of these regulations is practically impossible (as many of these regulations have been
adopted at local level), the Commission is not aware of any national regulation which would impose
requirements which would effectively relax the regime laid down in Directive 1999/5/EC.

As regards ensuring compliance by equipment with the requirements of the R & TTE Directive, this is
primarily a task for Member States. Pursuant to Article 9 of the Directive, the role of the Commission is to
arrive at an opinion on notified cases of non-compliance, not to take upon itself to start legal actions
against equipment manufacturers. However, where Member States would fail to live up to their obligations
to ensure such compliance, the Commission could start infringement procedures under article 226 of the
EC Treaty. There are however no reasons for the Commission to believe that this is currently the case.
Measurement campaigns, which were performed by a number of Member States have shown that exposure
levels from mobile telephone masts were well below the limits of the Council Recommendation.

As regards the final question, the Commission is not aware of any regulations setting minimum distances
which would have been adopted at Member State level. Some local authorities,
in reaction to public
concern, have adopted such type of regulations.

(1) OJ C 174 E, 19.6.2001.
(2) 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, OJ L 91, 7.4.1999.

(2004/C 88 E/0340)

WRITTEN QUESTION E-0867/03

by Roberta Angelilli (UEN) to the Commission

(20 March 2003)

Subject: Economic crisis in Venezuela

In the last few months the social, economic and political crisis in South America has worsened and is also
affecting Venezuela.

There are many Italian nationals in Venezuela and one of the largest Italian communities in the world lives
there, together with the Spanish community.

The current situation has led to the virtual collapse of all economic activities and the closure of businesses,
leading to an enormous fall
Italian firms operating in Venezuela and widespread
unemployment.

in profits for