Notice to members

Declared admissible on 19 December 2006. Information requested from the Commission under Rule 192(4).

The European Commission (EC) is aware of the public concern concerning the issue of Electromagnetic Fields (EMF). The EC has for long been monitoring the potential health effects of EMF, requesting the review of scientific literature, financing research, disseminating information and contributing to the establishment of a legal framework for the protection of workers and citizens.

The Council adopted Recommendation 1999/519/EC on 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) based on the guidelines of the International Commission on Non-Ionizing Radiation Protection (ICNIRP) as endorsed by the Scientific Steering Committee advising the European Commission on multi-disciplinary scientific issues. This text recommends that Member States, in order to provide for a high level of public health protection, should adopt a framework of basic restrictions and reference levels⁴. The recommendations on limitation of exposure have been based on established effects on human health.

As regards the application of protective measures in particular circumstances, such as those mentioned for power lines (e.g. in the vicinity of schools, hospitals, residential areas), the implementation of protection measures is a matter for national measures to address, using where appropriate the European Recommendation referred to above as a basis.
When reference levels are exceeded, it is recommended that national authorities carry out an assessment of the exposure situation and take appropriate follow-up actions, such as provision of information to the public exposed, changes in the installation or design of the source of radiation or in the way it is operated.

In this respect, the petitioner may wish to contact the competent Polish authorities to ask them to perform the necessary measurements on site and to compare them with current Polish standards and/or binding limits and also with the reference levels of Recommendation 1999/519/EC.⁵

As recommendations (such as the above mentioned Recommendation 1999/519/EC) are not binding, the Commission does not have the power to start infringement proceedings in this case. If the petitioner wishes to pursue the matter further, it is suggested that he informs himself about the position of the Polish law and about related measures at national level.

However, the European Court of Justice has held (judgement in the case C-322/88, point 18⁶) that recommendations cannot be regarded as having no legal effect. The national courts are bound to take recommendations into consideration in order to decide disputes submitted to them, in particular where they cast light on the interpretation of national measures adopted in order to implement a given recommendation or where recommendations are designed to supplement binding Community provisions.