欧盟Eurlex法规详细信息

(1)

A request for registration of a European citizens’ initiative entitled ‘Stop (((5G))) – Stay Connected but Protected’ was submitted to the Commission on 12 August 2021.

(2)

The objectives of the initiative as expressed by the organisers are: ‘5G deployment is putting our rights to a healthy environment, freedom and privacy at stake. We call on the Commission to propose legislation to protect citizens and the environment from these threats:

(3)

An annex provides further details on the subject matter and the objectives of the initiative, listing 23 calls for action, referred to as ‘proposals to be implemented in Union law’. Further information on the 23 calls for action is provided in a document submitted as ‘draft legal act’. The group of organisers also provided translations of the objectives in a number of Union languages as ‘additional information’.

(4)

As regards the first objective, the initiative lists the following ten calls for action:

(5)

As regards the second objective, the initiative lists the following eight calls for action:

(6)

As regards the third objective, the initiative sets out the following five calls for action:

(7)

As regards the calls for action to implement the first objective of the initiative, to ‘enact regulation to protect all life from radio frequency and microwave radiation’, insofar as some of these aim at introducing measures leading to the improvement, in particular, of the working environment to protect workers’ health and safety, the Commission has the power to present a proposal for a legal act under Article 153(2) of the Treaty.

(8)

As regards the calls for action to implement the first objective of the initiative that concern the European Electronic Communications Code, as laid down in Directive (EU) 2018/1972 of the European Parliament and of the Council (2), the Radio Equipment Directive 2014/53/EU of the European Parliament and of the Council (3) or proposals which aim at rules that provide for a more complete testing of wireless devices and antennas, insofar as they aim at improving the functioning of the internal market, the Commission has the power to present proposals for legal acts on the basis of Article 114 of the Treaty.

(9)

The initiative also asks for a proposal to ‘replace wireless connections with cables’ in view of the harmful effects for humans of RFEMF. Insofar as that proposal aims at incentive measures designed to protect and improve human health, and measures concerning monitoring, early warning of and combating serious cross-border threats to health, with the exclusion of measures to harmonise the laws and regulations of the Member States, the Commission has the power to present proposals on the basis of Article 168(5) of the Treaty.

(10)

Insofar as some of the calls for action to implement the two first objectives of the initiative aim at preserving, protecting and improving the quality of the environment, protecting human health and prudent and rational utilisation of natural resources, the Commission has the power to present a proposal for a legal act on the basis of Article 192(1) of the Treaty.

(11)

Insofar as one of the calls for action to implement the second objective of the initiative asks for an update of Directive 2009/125/EC of the European Parliament and of the Council (4), the Commission has the power to present a proposal for a legal act on the basis of Article 114 of the Treaty.

(12)

The initiative contains five calls for action in order to achieve the third initiative’s objective ‘to enact effective data protection to safeguard our privacy, security and freedom’. Insofar as those calls for action invite the Commission to present proposals for legal acts relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data, those proposals could be based on Article 16(2) of the Treaty.

(13)

For those reasons, none of the parts of the initiative manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.

(14)

This conclusion is without prejudice to the assessment of whether the concrete factual and substantive conditions required for the Commission to act, including compliance with the principles of proportionality and subsidiarity and compatibility with fundamental rights, would be met in this case.

(15)

Some of the 23 calls for action, notably the measures mentioned in numbers 4, 7, 12, 13, 17, 18 and 23, do not invite the Commission to adopt a proposal for a legal act of the Union but seem to be ancillary or preparatory to those which call for proposals for legal acts. Since the Commission is not invited to submit a proposal for a legal act of the Union in respect of any of those measures, the latter do not meet the condition laid down in Article 6(3), point (c), of Regulation (EU) 2019/788 to be registered as part of the subject matter of the initiative. Those measures thus fall outside the scope of this Decision. However, if the Commission considers it appropriate to adopt a proposal for a legal act in the areas covered by the scope of the initiative, it could also consider taking some of those elements into account in its proposal.

(16)

The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1) and (2) of Regulation (EU) 2019/788 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation.

(17)

The initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the Charter of Fundamental Rights of the European Union.

(18)

The initiative entitled ‘Stop (((5G))) – Stay Connected but Protected’ should therefore be registered.

(19)

The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does not imply that the Commission in any way confirms the factual correctness of the content of the initiative, which is the sole responsibility of the group of organisers of the initiative. The content of the initiative only expresses the views of the group of organisers, and can in no way be taken to reflect the views of the Commission,