WRITTEN QUESTION E-0903/03 by María Sornosa Martínez (PSE) to the Commission. Application of the precautionary principle in respect of electromagnetic pollution.
Date: 2003-03-24
Institutions: European Parliament, Provisional data
Subjects: Spain, electromagnetic interference, environmental risk prevention, health risk, precautionary principle, public health, radiation protection, safety standard

9.10.2003

EN

Official Journal of the European Union

C 242 E/209

(2003/C 242 E/242)

WRITTEN QUESTION E-0873/03

by Joan Vallvé (ELDR) to the Commission

(20 March 2003)

Subject: Designation of ‘yoghurt’

Changes made by the Spanish government last June to the quality standard for yoghurt intended for the
internal market allow pasteurised milk-based desserts to go under the name of ‘yoghurt’. Following this
change, a well-known Spanish dairy company has introduced on the market ‘yoghurt pasteurised after
fermentation’. As a result of this new state legislation, the new product can legally bear the name of
‘yoghurt’, even though it has neither of the two basic characteristics of the traditional yoghurt that are very
familiar to the consumer: being a fresh product and containing living micro-organisms that benefit health
by enriching the intestinal flora.

(in existence for over 4 000 years) has always been considered beneficial

Fresh yoghurt
to health,
as confirmed by numerous scientific studies. A large number of living and active bacteria (traditionally
fresh yoghurt and, when
Lactobacillus bulgaricus and Streptococcus termophilus)
consumed, have a positive effect on health. In order for these bacteria to stay alive, they must be kept
refrigerated.

form the basis of

Yoghurt pasteurised after fermentation is produced in the same way as conventional yoghurt, but during
pasteurisation the heat destroys the living lactic ferments so that the product will keep for longer. Yoghurt
manufacturers have stated that, following the destruction of the living lactic bacteria, pasteurised yoghurt
does not bring as many benefits to the body as fresh yoghurt, although this process does turn it into a
long-life product, allowing it to be distributed outside the cold chain.

I am aware of the fact that Community guidelines tend to enforce clear and transparent consumer
information about consumables, covering not only quality and safety, but also nutritional value. On this
basis, does the Commission not think that the designation ‘yoghurt pasteurised after fermentation’
is
unclear and amounts to misleading advertising, which leads to confusion among consumers who associate
‘yoghurt’ with products containing living organisms? What does the Commission intend to do to solve this
problem and protect consumers from this kind of confusion?

Answer given by Mr Fischler on behalf of the Commission

(14 April 2003)

The Commission would refer the Honourable Member to its answer to Written Question P-0027/03 by
Mr Pasqua (1).

(1) OJ C 192 E, 14.8.2003, p. 147.

(2003/C 242 E/243)

WRITTEN QUESTION E-0903/03

by María Sornosa Martínez (PSE) to the Commission

(24 March 2003)

Subject: Application of the precautionary principle in respect of electromagnetic pollution

The pollution caused by electromagnetic fields and the effect it has on human health are issues which
continue to worry the people of Europe and, in particular, the many groups within Spain’s population who
have expressed their alarm by drawing up complaints and petitions and submitting them to the EU
institutions. Such is the case with the local people living in Bacarot (Alicante region), who are extremely
concerned about the proliferation in their area (illegal under local urban-planning laws) of installations
which generate electromagnetic fields.

C 242 E/210

Official Journal of the European Union

EN

9.10.2003

The Commission once put forward a Recommendation (which was adopted by the EU in 1999) on the
maximum recommended limits for exposure to electromagnetic fields. According to the replies given by
Mr Byrne, Commissioner, to questions E-1355/01 (1) and P-3391/01 (2), the limits and safe distances laid
down in that Recommendation should remain in place, in accordance with the data which emerged from
the study carried out by the Committee of Experts who were consulted in October 2001. However, the
Commission also acknowledged the huge growth in mobile telephony which had resulted in, inter alia,
a plethora of antennas and electromagnetic installations which had not been proven scientifically to be
harmless to human health. Consequently, it announced a new package of measures to be introduced by
September 2002 in an attempt to harmonise the individual Member States’ relevant laws, above and
beyond what is laid down in Directive 1999/5/EC (3) on radio equipment.

Does the Commission not think that, pursuant to the precautionary principle, the obsolete Recom-
mendation 1999/519/EC (4) should be superseded and a Community legislative framework relating to
electromagnetic fields be established, so as to provide the people of Europe with a high level of protection
against the more-than-likely serious, long-term effects of the radiation emitted by equipment such as that
which is due to be installed at Bacarot?

What conclusions has the Commission reached with regard to electromagnetic pollution and has it taken
the further action which Mr Byrne said would be completed by September 2002?

How does the Commission rate Spain’s degree of compliance with the standards laid down by the
European Committee for Electrotechnical Standardisation (Cenelec) in accordance with the Commission’s
Mandate M/305, with particular reference to harmonised on-site measuring methods and the provision of
information to the general public and to the sectors concerned?

(1) OJ C 350 E, 11.12.2001, p. 131.
(2) OJ C 147 E, 20.6.2002, p. 165.
(3) OJ L 91, 7.4.1999, p. 10.
(4) OJ L 199, 30.7.1999, p. 59.

Answer given by Mr Byrne on behalf of the Commission

(8 May 2003)

The Scientific Committee on Toxicity-Ecotoxicity and the Environment confirmed on 30 November 2001
that: ‘the additional information which has become available on carcinogenic and other non-thermal effects
of radio frequency and microwave radiation frequencies in the last years does not justify a revision of
exposure limits set by the Commission’.

Following this advice, the Commission does not intend to change these limits. In the context of the
reviewing process of the Council Recommendation, the Commission will prepare a report, by 2004, taking
into account the reports of the Member States and the latest scientific data and advice. The Commission
will react to any scientific risks not taken into consideration to date in the present set of recommended
limits.

in response to concerns expressed by the public, there is pressure to
The Commission observes that,
dismantle or move Global System for Mobile communications (GSM) base stations. Objectively, there are
no reasons to do so however. Measurements in Member States have confirmed that exposure levels are in
general orders of magnitude below the values considered safe by the Council Recommendation. There are
no reasons to expect that such levels would be different in Spain. The fact that base stations are apparently
mounted illegally is to the knowledge of the Commission not based in the fact that GSM operators are
exceeding exposure limits but in the reluctance of many local governments to timely issue building
permits, which substantially affects the business of operators. The Commission observes a large number of
local installation regulations in Spain, all aiming to protect the citizen against the effects of electromagnetic
fields. Many of the rules observed (e.g. imposing safety distances of 500 meters and more) lack a scientific
basis and most likely don’t have the effect of reducing exposure in reality.

9.10.2003

EN

Official Journal of the European Union

C 242 E/211

In the context 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,
the Commission mandated the European Standardisation Organisation to develop safety standards for
mobile communications. These standards will ensure a harmonised way of ensuring safety of mobile masts
and handsets and will provide for a harmonised in-situ testing method to measure real life exposure.

Concerning the Communication (1) on the full roll-out of third generation mobile communications, the
following actions have been proposed: (i) a dialogue with Member States on harmonizing the application
of the precautionary principle on limits (ii) technical specifications for safe equipment, (iii) research, and
(iv) awareness campaign. While the Communication does not set out specific deadlines, the Commission
pursues these points continuously.

(1) COM(2002) 301 final.

(2003/C 242 E/244)

WRITTEN QUESTION E-0928/03

by José Mendiluce Pereiro (PSE), Alexander de Roo (Verts/ALE),
Chris Davies (ELDR), Miquel Mayol i Raynal (Verts/ALE)
and Rijk van Dam (EDD) to the Commission

(24 March 2003)

Subject: Public contracting of environmental surveys on transfers of water from the Ebro

The European Commission is currently considering whether the Spanish National Hydrological Plan (NHP)
is compatible with Community law.

The Spanish Government has set up the state-owned company called Infraestructuras del Trasvase Sociedad
Anónima (Trasagua) in order to implement transfers of water from the Ebro under the NHP (1).

For the purposes of the directives on public procurement, Trasagua would appear to be a body governed
by public law since it was set up by the government and is financed and controlled by it. It is therefore
subject to Council Directive 92/50/EEC (2) relating to the coordination of procedures for the award of
public service contracts.

However, in August 2002, Trasagua contracted out the environmental surveys for transfers of water from
the Ebro (3), for an amount totalling EUR 1 705 524, without publishing a call for tenders for them in the
Official Journal of the European Union (4).

What action will the Commission take with regard to this infringement of Community law?

Has it already taken action in this respect?

Does it not consider that the Community rules on public procurement must be complied with before any
Community cofinancing can be granted for transfers of water from the Ebro?

(1) The creation of the state-owned company ‘Infraestructuras del Trasvase S.A.’

(Trasagua) was approved by the

Spanish cabinet on 7 December 2001.

(2) OJ L 209, 24.7.1992, p. 1.
(3) Literally ‘technical assistance for the drawing up of an environmental survey on the transfers authorised under

Article 13 of Law 10/2001 of 5 July 2001 (NHP)’. See newspaper ‘La Verdad’, edition of 3.8.2002.

(4) Official Journal of the Spanish State (BOE) No 260, 30.10.2002.