November 2001
2001-2710-0018
........................................................................................
Legal aspects of electric and
magnetic fields (EMF)
A comparative study
........................................................................................
Working Group Legal Affairs
........................................................................................
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International Union of Producers and Distributors of Electrical Energy
European Grouping of Electricity Undertakings
The “Union of the Electricity Industry – EURELECTRIC” has been formed through a merger of the two associations
and
Legal aspects of electric and magnetic fields (EMF)
A comparative study
............................................................................................
Working Group Legal Affairs
............................................................................................
Paper prepared by:
John COTTERELL (Chairman, GB), Sjoerd BAKKER (NL),
Bernadette COOLENS (LU), Alfaia Antonio DE CARVALHO (PT),
Jean DE GARCIA (BE), Karl FERRARI (IT), Alain FIQUET (FR),
Francesco GIORGIANNI (IT), Anne HUGHES (IE), Katerina
KOUNADI (GR), Ib Gunnar LARSEN (DK), Heinz MÜLLER (AT),
Gabriella PAP (HU), Dan-Mircea REGHIS (RO), Alex
ROTHENFLUH (CH), Pascual SALA ATIENZA (ES), Matthias
SCHÜTTE (DE), Risto SIILOS (FI), Odd STIANSEN (NO), Hans
SYLVEN (SE), Jozef VALOVIC (SK)
Copyright © Union of the Electricity Industry –
EURELECTRIC 2000
All rights reserved
Printed in Brussels (Belgium)
Table of Contents
Summary.........................................................................................................................1
Synthesis .........................................................................................................................1
I. Existing regulations ....................................................................................................5
AUSTRIA ...................................................................................................................5
BELGIUM...................................................................................................................5
CYPRUS.....................................................................................................................6
DENMARK ................................................................................................................7
FINLAND...................................................................................................................7
FRANCE.....................................................................................................................7
GERMANY.................................................................................................................8
GREECE .....................................................................................................................9
IRELAND...................................................................................................................9
ITALY ........................................................................................................................9
LUXEMBOURG ....................................................................................................... 10
SLOVAK REPUBLIC............................................................................................... 11
SPAIN ...................................................................................................................... 12
SWEDEN.................................................................................................................. 12
SWITZERLAND....................................................................................................... 13
UNITED KINGDOM ................................................................................................ 14
II. Legal Action ............................................................................................................. 15
AUSTRIA ................................................................................................................. 15
BELGIUM................................................................................................................. 15
CYPRUS................................................................................................................... 15
DENMARK .............................................................................................................. 15
FINLAND................................................................................................................. 16
FRANCE................................................................................................................... 16
GERMANY............................................................................................................... 16
GREECE ................................................................................................................... 17
IRELAND................................................................................................................. 17
ITALY ...................................................................................................................... 17
LUXEMBOURG ....................................................................................................... 17
SLOVAK REPUBLIC............................................................................................... 18
SPAIN ...................................................................................................................... 18
SWEDEN.................................................................................................................. 18
SWITZERLAND....................................................................................................... 18
UNITED KINGDOM ................................................................................................ 19
LEGAL ASPECTS OF ELECTRIC AND MAGNETIC FIELDS (EMF)
A COMPARATIVE STUDY
This study was updated in July 2001 on the basis of input provided by the members of the Legal Group
together in some cases with tables elaborated by the WG Environment and Society
Summary
All power installations generate electric and magnetic fields (EMF). These EMF are of
concern because of or in spite of scientific incertitude of their effects on human health and
animals. By precaution, the maximum exposure values have been proposed at an international
level. These values are respected in the European countries either in practice or in a
regulatory way. Nevertheless the effects of EMF are evoked in many legal actions, most of
the time in vain apart from a few rare exceptions.
Synthesis
All electricity installations generate electric and magnetic fields. The effects of these fields
depend in particular on current voltage and distance.
Studies have been carried out throughout the world concerning possible harmful effects
(especially carcinogenic) of magnetic and electric fields. These studies have failed to
demonstrate any biological causal link between these fields and diseases like cancer, but
neither can they prove the contrary.
This report aims to compare how, in European countries, the legislator (in Part I) and the
courts (Part II) have reacted to this scientific uncertainty.
1.
EMF regulations
A distinction should be made between standards fixing maximum limits of exposure (Part A)
and those fixing distances between the power installations and houses (Part B).
A.
EMF limits of exposure
In January 1990, the International Radiation Protection Association (IRPA), a body of the
World Health Organisation (WHO), published a document entitled Interim guidelines on
limits of exposure to 50/60 Hz electric and magnetic fields. The maximum limits of
exposure recommended in the document are, for the general public, 5 kV/m for electric fields
and 0.1 mT for magnetic fields.
Most electricity companies respect IRPA standards, even in the absence of regulations.
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In 1995, CENELEC issued a standard ENV 50166-1 on human exposure to EMF for low
frequency from 0 to 10. 000 Hz. However, a lack of consensus within CENELEC committees
resulted in the withdrawal of the standard.
In 1998 the International Commission on Non-Ionizing radiation Protection (ICNIRP)
published its “Guidelines for limiting exposure to time-varying electric, magnetic, and
electromagnetic fields (up to 300 GHz)”. This document presents the relevant basis for the
assessment of EMF.
In 1999, the EU Council of Ministers adopted a recommendation on the limitation of exposure
of the general public to EMF. The details are as follows (Ohz to 300 GHz):
Country: Europe
Originating Organisation: Council of the European Union
Document Reference: Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to
electromagnetic fields (0 Hz to 300 GHz) (1999/519/EC)
Frequencies Covered: > 1 Hz – 300 GHz
Status: Recommendation to member state governments to implement measures, considering both the risks and
benefits in deciding whether action is required or not.
Applies
Type of
Quantity
Part of Body
Value
Comment
to:
Restriction
General public
Basic
j
Central
2 mA m-2
Average over 1 cm2
exposure,
Restriction
nervous
when the time
system
of exposure is
Reference
E
5 kV m-1
significant
Level
B
100 µT
Contact
0.5 mA
current
Both documents include the same recommended limits for general public exposure as the
interim guidelines by the IRPA mentioned above.
On the other hand, there are few countries where the legislator has also intervened to fix
distances between power installations and houses and/or certain public places.
B.
Regulations fixing distances between power lines and houses or public buildings
Luxemburg, has adopted regulations in this respect. In Luxemburg distances have been fixed
for constructing new power lines.
Other countries have decided not to adopt restrictive measures but recommend as a
precautionary measures to maintain a certain distance for the construction of new lines and/or
houses or public places. Denmark and Sweden have adopted this method.
In France, an amendment aiming to prohibit the construction of EHV lines close to houses and
to establish corridors prohibiting building under these lines was rejected.
It should be noted that distances vary from one country to another.
Also, these measures should be distinguished from distance standards which aim to prevent
electrical accidents (in Spain, for example).
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In addition to regulatory initiatives, disputed claims are involved in the debate on EMFs.
2.
Disputed claims
EMFs are mentioned in three types of law suits : construction of power installations,
compensation for owners of property close to power installations, liability for health effects
attributed to EMFs (human cancers. livestock diseases).
Concerning disputed claims for the construction of power lines, EMFs are one of a number of
arguments used to oppose this type of installation. Nowhere in Europe has the construction of
a power line been refused on the basis of arguments linked to the effects of EMFs.
It should be noted that an important ruling was given in the United Kingdom dismissing a case
based on failure to conform with the precautionary principles as indicated in Article 174.2 of
the EC Treaty.
Concerning claims for compensation, it should be noted that the German and Italian courts
have rejected compensation claims based on EMF effects, arguing that there is no danger if
IRPA recommandations are respected. A Danish court of appeal, on the other hand,
considered that the debate on the effects of EMFs had in itself a depreciative effect on
property situated close to power lines. In Sweden, EMFs have also been taken into account in
evaluating compensation for property close to power lines.
The few third-party liability cases on EMF related illness or effects on livestock are still mainly
pending.
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I. Existing regulations
AUSTRIA
There is no legislation concerning EMF.
Two proposals are under study, on the basis of standards taken from IRPA/WHO
recommendations, whilst awaiting final adoption by CENELEC.
⇒ Standard OSTANDARD S 1119/OVE EMV 1119 concerns low-frequency fields (0
Hz 30 kHz). See table
⇒ Standard OSTANDARD S l 120 concerns microwaves and high frequencies (30
kHz 3000 GHz).
Country: Austria
Status of EU Recommendation:
Originating Organisation: Austrian Standards Institute and Austrian Electrotechnical Association
Document Reference: Low-frequency electric and magnetic fields – permissible limits of exposure for
the protection of persons in the frequency range 0 Hz to 30 kHz, Austrian Standard S 1119, 1994
Frequencies Covered: 0 - 30 kHz (separate standard S1120 covers 30 kHz - 3 THz)
Status: “pre-standard”
Applies
Type of
Quantity
Part of Body Value
Comment
to:
Restriction
Occupational Limit
E
10–30 kV m-1 t (hours per work day) <
80/E within this range
B
Body
500 µT
5000 µT
up to 2 hours per work
day
Limbs only
?
Public
Limit
E
5 kV m-1
10 kV m-1
few hours per day
20 kV m-1
up to 5 minutes
B
100 µT
1000 µT
few hours per day
2000 µT
up to 5 minutes
BELGIUM
There is no legislation concerning EMF. A Ministerial Decree of 20 April 1988 provided only a
threshold for electric field strengths generated by electricity transmission and distribution
installations and made earthing obligatory for insulated metallic objects. This Decree was
issued pursuant to Article 139 of the General Regulations on electrical installations in the home
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and for certain electricity transmission and distribution lines and was approved by Royal
Decree of 10 March 1981.
This Decree fixed the following thresholds for non-disruptive electric field strengths, in nondisturbed operating conditions, generated at 1.5 m from the ground or from buildings by an
electricity transmission or distribution line :
⇒ in inhabited zones or those earmarked as such in the land registers : 5 kV/m
⇒ over roads : 7 kV/m
⇒ elsewhere : 10 kV/m
In this respect, the Ministerial Decree of 7 May 1987 states : "The electric field strength
produced by high-voltage lines - whatever the current - will always be significantly below the
threshold value of 300 mT recommended by the World Health Organisation and there is thus
no need for legislation in this field".
Country: Belgium
Status of EU Recommendation: No action being taken
Originating Organisation:
Document Reference: Moniteur Belge, F.88-900 (20 Avril 1988)
Frequencies Covered:
Status:
Applies
Type of
Quantity
Part of Body
to:
Restriction
Public
Limit
E
(overhead
power lines
only)
Value
Comment
10 kV m-1
7 kV m-1
-1
5 kV m
Road crossings
Accessible of inhabited
areas
CYPRUS
There is no legislation in Cyprus on EMF for the time being but there is a proposal under
study.
The proposal fixes exposure limits in accordance with the recommendation of the World
Health Organisation and in accordance with the recommendations of the Council of the
European Union.8550/99.
As regards the minimum distances between building and power lines, there is also a proposal
under study
which provides the following distances.
13m between the center of 66kV power line and the boundaries of the closest building
15,5m between the center of 132kV power line and the boundaries of the closest building
20m between the center of 220kV power line and the boundaries of the closest building
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DENMARK
There is no legislation on EMF and no legislation is foreseen in the future. Following a study
by the National Health Board, the Ministers of Housing, Social Affairs, Health, Energy and
Environment decided jointly not to take any regulatory measures in this field, and in particular
not to fix any minimum distances between high-voltage installations and inhabited buildings.
This agreement was confirmed by a declaration by the Minister of Health on 27 August 1993.
As a precautionary measure - since the National Health Board study did not exclude with
any degree of certainty the harmful effects of EMF - there is, however, a recommendation
that new lines shall not be constructed close to inhabited buildings.
So as to limit and compensate for the visual prejudice resulting from power transmission lines,
the Danish electricity supply industry proposes the repurchase of houses less than 50 m from
new transmission lines.
FINLAND
There is no legislation on EMF.
A drafting process is underway to renew an existing decision by the Ministry of Social and
Health Affairs in a manner to include recommendation on limits for frequencies from 0 Hz to
300 GHz, i.e. including 50 Hz power transmission and distribution frequencies as well. The
draft is introduced by stating that the Council recommendation (EC/519/1999) and the IRPA
guidelines have put forward the need for the proposed renewal.
Land and town use planning has in practise aimed at not allowing building close to high voltage
lines.
FRANCE
There is no legislation on EMF and no legislation in the future is foreseen.
However, it should be pointed out that during the vote on the law reinforcing environmental
protection on 2 February 1995, an amendment was proposed aiming to prohibit high-voltage
line construction close to inhabited buildings and to create non-constructable corridors below
these lines. The amendment, which was not adopted, would have left the Council of State to
define the practical implementation and in particular gave no indication as to the distance.
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GERMANY
The “26th Ordinance enforcing the Federal Immission Control Action – Ordinance about
Electromagnetic Fields” came into force on January 1, 1997. It provides regulations
concerning the protection of the general public, particularly in the immediate vicinity, and
precautionary measures against harmful effects on the environment caused by EMF.
The ordinance applies to the construction and operation of stationary high-voltage installations
with a frequency of 50 Hz such as power lines and cables = 1000 V, using recommendations
by the IRPA/INIRC, ICNIRP and the German Commission for Radiation Protection SSK as a
basis. General limits are set at 5 kV/m for the electric field and 100 µt for the magnetic field.
Furthermore the Ordinance also contains regulations for installations with frequencies between
10 and 300 000 MHz.
The limit values mentioned above must be kept in all places dedicated to the not only transient
stay of people (e.g. in living quarters but not on streets or in the forest). These limits may be
exceeded by 100% either briefly or concerning the electric field also in small areas outside
buildings if thereby no intolerable nuisance for the vicinity is created. However in the vicinity
of habitations, hospitals, schools etc. limit values must be kept at all times and without
exception.
For further details on the decree, please refer to the table below:
Country: Germany
Status of EU Recommendation: Existing Ordinance is regarded as fulfilling requirements of Recommendation
Originating Organisation: Federal Government
Document Reference: 26th Ordinance Implementing the Federal Immission Control Act, 16 December 1996, Federal
Law Gazette (BGBI.) I p. 1966
Frequencies Covered: 16 2/3 Hz and 50 Hz (separate section 10 MHz – 300 GHz)
Status: Law. Applies to stationary installations only (power and traction lines and cables, transformers and
switchgear)
Applies
Type of
Quantity
Part of Body
Value
Comment
to:
Restriction
Everyone
Limit
E
5 kV m-1
(buildings or
10 kV m-1
Brief excedances totalling
land intended
<5% of day*
for the non10 kV m-1
Small area outside building*
transient
B
100 µT
presence of
200 µT
Brief excedances totalling
humans)
<5% of day*
*
Does not apply to erection or major alteration of installations in vicinity of dwellings,
hospitals, schools, kindergartens, creches, playgrounds or similar facilities. Nuisance caused
by contact voltage which the neighbourhood cannot reasonably be expected to tolerate not
permitted.
The Ordinance currently is under review. On the one hand the existing gap in regulations for
frequencies under 10 MHz shall be closed, on the other hand there is the discussion about the
(stricter) implementation of the precautionary principle, especially concerning mobile phone
installations.
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GREECE
There is no legislation on EMF.
IRELAND
There is no legislation on EMF and no legislation in the future is foreseen.
The Electricity Supply Board does however respect IRPA recommendations as a
precautionary measure.
For line construction, the practice is to have a distance of 50 m from inhabited buildings.
ITALY
The Decree of 23 April 1992 sets exposure levels for EMF generated by installations at a
nominal frequency of 50 Hz, in accordance with the recommendations of IRPA and WHO.
Country: Italy (current)
Status of EU Recommendation: Present and proposed Standards would satisfy requirements of the Recommendation
Originating Organisation:
Document Reference: Maximum limits of exposure to electric and magnetic fields generated at the rated power
frequency (50 Hz) in indoor and outdoor environments, Decree of the Prime Minister, Gazetta Ufficiale della
Repubblica Italiana, N.104, 1992
Frequencies Covered: 50 Hz
Status: Law.
Applies
Type of
Quantity
Part of Body
Value
Comment
to:
Restriction
Public
Limit
E
5 kV m-1
Exposure for significant part
of day reasonably expected
10 kV m-1
Exposure limited to few
hours per day
B
100 µT
Exposure for significant part
of day reasonably expected
1000 µT
Exposure limited to few
hours per day
Residential
Distance to
10 m
132 kV
buildings near
conductors
18 m
220 kV
power lines
28 m
380 kV
A draft Decree of March 2001 implementing the Law of 22 February 2001 to set exposure
limit, attention value and quality target is in the process of being adopted (see table below).
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Country: Italy (proposed)
Status of EU Recommendation: These proposals are much more restrictive than the EU
Recommendation
Originating Organisation:
Document Reference: Law 22 February 2001, N° 36: General policy law on protection against
exposures to electric, magnetic and electromagnetic fields
Frequencies Covered: 0 – 100 kHz (general public); 0 – 300 GHz (workers) (a decree covering public
exposure to radiofrequencies has been in force since September 1998)
Status: Draft decree, setting levels which would be enforced by national law. 10 years to comply with
attention value.
Applies
Type of
Quantity
Part of Body Value
Comment
to:
Restriction
Occupational Exposure
E
Limit
B
Exposure
E
Limit (work- B
Values not
day average)
included as
Public
Exposure
E
draft decreee
Limit
B
has not been
Attention
B
accepted
Value *
E
Quality
B
#
Target
E
*
#
Applies to existing buildings where public is expected to stay not less than 4 hours per day.
Applies to new constructions and to existing areas and buildings for childhood activity use.
LUXEMBOURG
There is no legislation on EMF and no legislation in the future is foreseen.
At the initiative of the Minister of Health and with a view to limiting possible health risks for
the population, the Minister of the Interior sent out a circular letter to the municipalities,
recommending that they cease to create new constructable zones less than a certain distance
from overhead power lines. These distances are as follows :
⇒ 30 m between the center of a 100-200 kV high-voltage line and the boundaries of the
closest building planned or liable to be planned ;
⇒ 20 m between the center of a 65 kV line and the boundaries of the closest building
planned or liable to be planned.
Furthermore, the national license holder, CEGEDEL, committed itself by agreement of 29
November 1935 with the Government (Article 2.B) to respect the rules of the German
electricity supply association VDEW for the construction and operation of installations and
trenches needed to provide electricity.
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In fact, VDEW guidelines do not indicate any compulsory distance between lines and
inhabited buildings, only maximum values for EMF intensity.
CEGEDEL thus respects these values as conventional standards defined with the Government.
SLOVAK REPUBLIC
Protective distances from electrical power lines are listed in Act No. 70/1998 Coll. of National
Council of the Slovak republic on power engineering, dated 11 February 1998 as follows:
a)
b)
c)
d)
e)
f)
10 m by voltage 1 kV to 35 kV included, in continual forest clearances 7 m,
15 m by voltage 35 kV to 110 kV included,
20 m by voltage 110 kV to 220 kV included,
25 m by voltage 220 kV to 400 kV included,
35 m by voltage over 400 kV,
protection zone of overhead cable line with voltage 1 kV to 110 kV included is 2 m from
marginal conductors to both sides.
In protection zone of overhead transmission lines and under it is prohibited:
a) erect buildings and other constructions,
b) cultivate stands higher than 3 m; in distance over 5 m from marginal conductors stands
can be cultivated as high as they cannot touch the conductor in case of downfall,
c) store combustibles or explosives,
d) perform any activities, which could endanger security of persons and property, or which
could damage the transmission line or endanger security and smoothness of operation.
The Slovak technical standard STN 33 3300 Construction of overhead transmission
lines also concerns the protection zones around electric transmission lines. This standard
refers to voided law Act No. 79/1957 Coll. about production, distribution and
consumption of electricity. This law was amended by the law mentioned above.
The main regulation concerning human health protection against EMF effects is the Act No.
272/1994 Coll. of National Council of the Slovak republic on public health protection,
dated 24 August 1994.
The limit values are set by the Decree No. 123/1993 Coll. of the Ministry of Health of the
Slovak Republic on the health protection against harmful effects of EMF, dated 20 April 1993.
This decree establishes health and safety standards for work and location in EMF of high and
very high frequencies. For purpose of this decree frequency bands are:
a) band of high frequencies in frequency range 60 kHz to 300 MHz
b) band of very high frequencies in frequency range over 300 MHz.
The above mentioned frequencies does not relate to transmission lines, but antennas and
radiators. Therefore specific limits of effects to human health are not listed in this report.
Further provisions amending the exposure of workers to high and very high frequency
electromagnetic radiation are provided by in the Act No. 227/1992 Coll. of the
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Government of the Slovak republic, dated 23 April 1992 about allowances for work in
difficult and harmful conditions in service.
Slovak standards on limits of EMF radiation referred to as “STN 33 2040 Protection
against the effect of the electromagnetic field 50 Hz in the zone of influence of
electrical power system device” started to apply on 1 January 1993.
On 1 April 2000 a proposal for Slovak standard STN P ENV 50166 – 1 (33 2040) Human
exposure to electromagnetic fields Low-frequency (0 Hz - 10 kHz) was issued for
examination and recommendation until 31 October 2001. This standard is similar to the
proposed European standard ENV 50166 – 1: 1995 Human exposure to electromagnetic
fields Low-frequency (0 Hz - 10 kHz), issued by CENELEC.
SPAIN
There is a Law fixing the minimum distance between power line conductors and the various
elements on the ground. This distance is 5.3 + U / 150 m, with a minimum of 6 m, where U is
the line voltage in kilovolts.
Article 160 of the law states it is forbidden to build houses, buildings or installations under
power line conductors as well as any constructions within 6m.
The aim of this legislation is to prevent electrical accidents.
A text on EMF is being studied by the Comunidad de Madrid.
SWEDEN
There is no legislation on EMF and no legislation in the future is foreseen.
In the absence of restrictive measures, the authorities nevertheless recommend, when building
new power lines :
⇒ to take into account, when tracing line routes, the objective of reducing EMF ;
⇒ to avoid building of schools or kindergarten near high-voltage lines when economically
feasible.
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SWITZERLAND
A decree concerning protection from non-ionising radiation on 23 December 1999. The details
can be found in the following table.
Country: Switzerland
Status of EU Recommendation:
Originating Organisation: Bundesrat (Government)
Document Reference: Ordinance concerning protection from non-ionising radiation (NISV). 23 December 1999
Frequencies Covered: 0 – 300 GHz
Status: Legal requirement from 1 Feb 2000. Existing constructions have three years in which to meet requirements.
Applies
Type of
Quantity
Part of Body
Value
Comment
to:
Restriction
Everyone
Limit
E
5 kV m-1
In operational premises,
(exposure from
excludes in-house sources
B
100 µT
fixed facilities
Limit, any one B, overhead
1 µT
New installations:
only)
installation,
line or
exemptions possible if all
(does not
“sensitive use underground
reasonable # measures taken.
*
apply to staff
locations”
cable >1 kV
Old installations: does not
operating the
(single phase
apply provided phases
plant which
only)
optimised
produces the
B, transformer
1 µT
New and old installations:
field)
station,
Exemptions possible if all
substation or
reasonable # measures taken.
switching
station
B, Railways
1 µT (mean
New installations:
and trams
over 24 hours) exemptions possible if all
reasonable # measures taken.
Old installations: does not
apply provided return
conductor fitted
Interior
New installations to be in
electrical
accordance with best
installations
available technology (so as
to reduce field)
*
includes rooms in buildings regularly occupied for significant periods of time; children’s
playgrounds designated as such under planning law (but not private gardens); and undeveloped
land where the above forms of utilisation are permitted
#
Exemptions may be granted if all technically and operationally feasible and financially viable
measures have been taken.
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November 2001
UNITED KINGDOM
There is no legislation on EMF.
The National Radiological Protection Board issued recommendations for testing values of
12 kV/m for electric fields and 1600 µT for magnetic fields.
Country: United Kingdom
Status of EU Recommendation: No action taken so far. Government are investigating what implications would be.
Originating Organisation: National Radiological Protection Board
Document Reference: “Restrictions on Human Exposure to Static and Time Varying Electromagnetic Fields and
Radiation.” Documents of the NRPB vol 4 no 5 1993
Frequencies Covered: 0 – 300 GHz
Status: Guidance with no intrinsic legal force. But the general legal duty to act safely is interpreted in terms of
compliance with this guidance.
Applies
Type of
Quantity
Part of Body
Value
Comment
to:
Restriction
Everyone
Basic
j
Head, neck
10 mA m-2
*
Restriction
and trunk
Shock
Should be
resulting from
avoided
contact with
objects
Stress
Should be
resulting from
avoided
surface charge
Investigation
E
12 kV m-1
Level
B
1600 µT
Contact
0.5 mA
Children may be exposed
current
1 mA
Children not exposed
*
NRPB have indicated they agree that basic restriction should be applied to central nervous
system, but document has not been altered
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November 2001
II. Legal Action
AUSTRIA
The Austrian Supreme Court (Oberster Gerichthof) ruled that EMF are emissions in the
sense of par. 364 sub. Par. 2 ABGB. The fact that it is impossible to exclude with any degree
of certainty that particularly sensitive individuals feel current originating from EMF does not
create a right for compensation (decision of the Austrian Supreme Court, 28.02.1990).
BELGIUM
There are few legal cases concerning the effects of EMF.
Legal action concerning line construction
Loss of value as a result of high-voltage lines crossing property: EMF are not invoked as an
argument in this kind of action.
Legal action concerning liability
⇒ Effects of EMF on livestock ;
⇒ Effects of EMF on human health: decision of 12 February 1985 concerning the
effect of a high-voltage line on a person carrying a pacemaker.
CYPRUS
There is no legal action involving EMF
DENMARK
Legal action concerning compensation
A Court of Appeal took into account, in assessing compensation for a farmer whose farm was
situated close to a high-voltage line, the negative effect on the property value due to the
immediate vicinity of HV lines.
The electricity company concerned decided not to appeal.
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FINLAND
There is no legal action based directly on EMF. However, the Finnish Supreme Court
(Korkein Oikeus) in its decision in 1999 stated that power lines produce an electro-magnetic
field to its surrounding areas which is above the average and continued that research has not
proved that exposure to EMF by power lines would cause harmful effects on health except for
persons with a pace maker.
However, buyers feel that a property, which in its immediate vicinity has power lines in sight,
is dangerous and unpleasant. This decreases the number of potential buyers, increases the
time needed for selling and decreases the sales price. The negative effect on scenery and
other said effects decrease the value of properties close to the power line. This depreciation is
such harm meant in the law on expropriation which shall be compensated to the owner of the
property.
FRANCE
There are few cases relating directly to the harm caused by EMF ; existing cases are recent
and have no value in terms of jurisprudence, particularly in so far as (in view of the scientific
uncertainty) cases have always ended with the nomination of independent experts. It will thus
be especially interesting to note the attitude of the courts when the experts' conclusions are
submitted, in particular if there is a contradictory expertise.
Legal action concerning liability
Three cases, currently awaiting examination by the courts, concern possible effects of EMF
on humans and livestock.
GERMANY
There has been a lot of jurisprudence by German courts concerning the effects of EMF.
Even before the 26th Ordinance about EMF came into force in 1997 a certain amount of legal
security had been established by several court rulings all indicating that as long as the limits
recommended by the IRPA were kept there was no evidence of harmful effects caused by
EMF.
Later jurisdiction from recent times usually deals with installations for mobile phones, however
its general meaning can be transferred to the electricity industry’s installations as well: There is
no evidence of harmful effects if the limits set by the 26th Ordinance are kept (e.g. OVG
Lüneburg – 1 O 2761/00 from January 19, 2001; OLG Frankfurt – 8 U 190/00 from November
8, 2000).
This also has been confirmed by the German Constitutional Court
Bundesverfassungsgericht (BverfG – 1 BvR 1658/96 from February 17, 1997).
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GREECE
Legal action concerning line construction
The harmful effects of EMF on health were invoked with regard to a line route. The legal
basis for action was the violation of Article 24 of the Greek Constitution, which states that
"Protection of the natural and cultural environment constitutes one of the duties of the State,
who is obliged to take specific preventive or repressive measures for the preservation of the
environment". The Greek Council of State rejected the complaint for the reasons that the
effect of EMF on human health had not yet been proven without doubts and that EMF values
for the lines concerned were longer than those fixed in the German standards prepared on the
basis of the criteria of WHO.
EMF were also invoked in relation to a high-voltage line moved close to a school.
IRELAND
There is no legal action involving EMF.
ITALY
Legal action concerning line construction and concerning compensation
Legal action has been taken in respect of the possible harmful effects of EMF. Several
judgments are awaited. Up to the present time, all actions have been rejected. The absence of
certain proof concerning the harmful effects of EMF and the fact that ENEL respects IRPA
recommandations were the reasons for this.
LUXEMBOURG
CEGEDEL has brought two legal actions to the Council of State regarding the annulment of
authorisations for overhead line construction. The minister had required CEGEDEL to
conform with the distances fixed in the circular of 11 March 1994 (see above) and with the
distance of 10 m between the center of the 20 kV medium-voltage line and the limit of the
boundaries of the closest building planned or liable to be planned.
CEGEDEL considers in particular that these conditions are contrary to the Law of 2 February
1924 and to the Concession Convention of 11 November 1927 approved by the Law of 4
January 1928.
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SLOVAK REPUBLIC
No legal disputes concerning harmful effects of EMF onto human or livestock health have
been yet brought to Court.
Damages or restrictions incurred on private property following the construction and operation
of electrical power system devices are provided by in the Act No. 70/1998 Coll. of National
Council of the Slovak republic on power engineering, dated 11 February 1998:
It is stated that if a property disadvantage to a real estate owner arose, he has a claim for
compensation. (...) This claim must be asserted to 6 months since the day when the loss was
determined, but not longer than 1 year since the disadvantage arose.
SPAIN
EMF were invoked to support a request to move power lines.
SWEDEN
Legal action concerning line construction
In the procedures for obtaining authorisation for construction, the negative effect of EMF on
property values is taken into account.
SWITZERLAND
Legal action concerning line construction
All legal actions date from the time before the decree concerning protection from non-ionising
radiation came into force (23 December 1999)
As part of the procedures for high-voltage line construction or installation of transformers,
local inhabitants sometimes invoke the negative effects of EMF from these installations on
health. No legal action has succeeded yet.
The courts base their arguments on the law protecting the environment, which imposes the
respect of the principle of prevention, according to which "emissions must be limited for
preventive reasons, independently of any existing disturbance caused, in so far as technical
knowledge and operating conditions allow and it is economically possible". The law indicates
the criteria to be respected in defining threshold values for emissions.
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However, a decision of the Swiss Supreme Court noted that no emission threshold had been
fixed for EMF. The Court continued, stating that "present scientific and technical knowledge
prevented these values from being established at the moment. Scientific opinions diverge and
the investigations published are not based on sufficiently sound statistical elements for a causal
link to be established between the effects on health and exposure to electric and magnetic
fields" (BGE 116 1b 265 Transformatorenstation Chigny).
Other decisions note that EMF are below IRPA values. Fields below these values are not
harmful according to the current state of scientific knowledge.
The legal basis for action is the law on environmental protection which provides for the
principle of prevention.
UNITED KINGDOM
Legal action concerning line construction
Action was taken against the Department of Trade & Industry concerning an authorisation to
build a high-voltage line. According to the plaintiffs the minister should have imposed
conditions concerning the line route close to inhabited buildings so as to protect local
inhabitants from EMF. The legal basis for this action was the minister's failure to respect the
precautionary principle indicated in Article 174.2 of the EC Treaty.
The court found in favour of the minister and an appeal against the decision was not upheld.
Legal action concerning compensation
Effects of EMF on human health: there have been cases concerning the possibility of cancer
caused by EMF but they were withdrawn as the allegations would not be sustained. The legal
basis for these cases was never established.
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