Spanje: Hooggerechtshof ondersteunt locale zeggenschap over zendmasten

maandag, 19 juli 2010 - Categorie: Berichten Internationaal

In twee recente uitspraken, in zaken die speelden op de Balearen en in Valencia, heeft het Spaanse Hooggerechtshof bepaalt dat locale autoriteiten beperkingen en voorwaarden mogen stellen aan de plaatsing van zendmasten voor mobiele telefonie met name wat betreft zendvermogen en plaatsing op afstand van gevoelige locaties zoals kinderdagverblijven en gezondheidscentra:

Bron: Lavoz Cadioz 17 juli 2010

(Engelse vertaling met dank aan mast victims  

Two new rulings by the Supreme support the local position on cell towers

Municipalities can take action to protect health as limiting transmission power of devices.

The Federation of Neighborhood Associations and Solidarity has a new argument for defending its position on the placement of more phone masts in the city. Two recent judgments of the Supreme Court legitimize municipalities to impose more restrictions and conditions on the placement of these electromagnetic devices, eg, regulation of power issue or location away from particularly sensitive areas such as child care centers or health.

The two judgments refer to the towns of Sant Llus, Balearic Islands, and Alcoy in Valencia. The Voice of the Environment of the neighborhood association Jerez see in them an example for the Consistory Jerez: ''We want the City Council do the same, to ensure coverage of the phones but always looking for the health of citizens'' Francisco Gil said.

In the case of the Supreme Alcoy said the municipal authority could put distance and density limits emissions to the operators to place antennas near sensitive areas while in the case of the Balearic local judges go one step further by stating that the municipal councils are responsible for establishing additional protections to those established by state law. Sant Lluis has adopted an ordinance setting ''an emission limit not exceeding 0.001 W / m 2 in any area where people could stay usually'' or ''hold a space of 200 meters around the areas of concentration and constant flow of sensitive populations such as kindergartens, infant schools 'or' condition the granting of planning permission in certain areas saturated. '' Gil insisted that ''what we ask for is protection from the City Council until there is reliable information to ensure that these antennas do not cause health damage.''

Other examples
Besides the example of Sant Lluis and Alcoy, from Solidarity citing other cities that have opposed mass placement of antennas and for years maintained a moratorium on mobile devices and wi-fi as the neighborhood group has requested Jerez Consistory. It is the municipality of Basauri in the Basque Country, where in 2002 approved a moratorium that prevented ''a precaution'' to put new antennas, which earned him the local municipality facing two lawsuits to telecommunications companies. And recently the municipal corporation gave its approval block to lower intensity of mobile phone masts.
The main concern of neighborhood groups Jerez is ''see what decision taken by politicians in the city: in defense of the health of Jerez or in defense of the interests of big phone companies.'' According to Francisco Gil recalled the Interphone report claims that ''40% of the population may suffer from glioma due to exposure to electromagnetic waves.''

Intentions in Jerez
Since the federation Solidarity Jerez argue that there are about 300 antennas (in a single mast can be several), many of them perceived by citizens and others less so. The growth in recent years has been exponential since in 2005 only had a stroke 95 and other 65 more were approved.

Wall Street, avenues Saharawi Republic, Fernando Portillo y Len de Carranza, the building 74 or Jerez City Transport are some of the sites of future antennas, if the City Council is finally proceed with the proposal made last April.

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