Proposal 5

Ensure the testing of wireless devices, antennas and their operation assesses all biologically active parameters of RF EMF.

Detailed explanation

The U.S. Government Accountability Office (GAO) published the report Exposure and Testing Requirements for Mobile Phones Should Be Reassessed back in 2012, where it says: "...actual exposure depends on a number of factors including how the phone is held during use... Some consumers may use mobile phones against the body, which FCC does not currently test..."

The reality is, to this day, consumers’ health is being put at risk by a grossly outdated and flawed methodology for testing wireless devices:

SAM certification process is flawed
The SAR parameter has not been measured at 0 mm from ear or body parts, as a spacer is inserted between the test figurine and the device.

The health and safety of the european public has been neglected, as people have not been informed about how to use wireless devices in the safest manner (minimum distance from ear/body, no warning against carrying phones in pockets or in close proximity to the body).

Parliamentary Assembly Resolution 1815 in point 8.2.2. states: "undertake appropriate risk-assessment procedures for all new types of device prior to licensing".

and "in order to reduce costs, save energy, and protect the environment and human health, step up research on new types of antenna, mobile phone and DECT-type device, and encourage research to develop telecommunication based on other technologies which are just as efficient but whose effects are less negative on the environment and health" in point 8.1.5

New safety regulations must include:

Auditory/Sensory limits for all radio equipment devices instead of SAR limits
Measurement at 0 mm from head, trunk, body surface and limbs for all radio frequencies emitted by devices (including 60Ghz and 5G bands) (Note: The newest regulation in France concerns measurement at limbs.)
The rules and sanctions for manufacturers who do not comply
Clearly printed instructions at the front page of manuals on how to safely use the devices
Testing for different body proportion sizes
Introduction of certificates such as "safe for pregnant women", "safe for breasts/testes/eyes"
Prohibition against advertising any wireless devices for children
All radio equipment emitting close to the head or body should display auditory/sensory effect levels (min & max), safe operating procedures and configurable auto-power off mode for radios not in use:
- mobile phones, tablets, notebooks, computers with Wi-Fi, wireless equipment for notebooks and computers, wireless routers, wireless modems, base stations
- connected toys for children
- smart wearables (connected watches, connected glasses, wireless headphones and headsets, connected body mounted cameras, virtual reality headsets, medical sensors, connected fitness trackers or belts, connected motorcycle helmets)
- vehicles that are connected or have some radio equipment (antennas emitting RF EMF), smart bicycles,
- radiocontrols used for connected children vehicles, drones, model making, smart bicycles
- walkie-talkies and wireless baby monitors
- etc.
IoT devices (smart home equipment, wireless security monitors, controllers, etc.) should display auditory/sensory effect levels (min & max), safe operating procedures and configurable auto-power off mode for radios not in use.

We ask the EU Commission to instruct BEREC to create a database of radio equipment devices that have passed/failed all procedures contained within Radio Equipment Directive 2014/53/EU.

Every time a device receives a software upgrade it must again pass all conformity and assessment testing. This is most important when the user functionality of a device changes e.g. if a device becomes a 'SMART device', it must be retested. For example, in France the national agency conducts its own independent measurement analysis - a device is not put on the French market, if it does not pass compliance testing.

Measurement criteria:

EUROPAEM's precautionary measures based on limit values must be taken into account. Dirty electricity - wired high-frequency noise and transients - must be covered by the regulations at both lower and higher frequencies than those regulated by current standards.

Frequencies that match the natural frequency of oxygen or other substances must be prohibited.

A precautionary strategy must be pursued: no roll-out or commissioning without impartial / balanced assessments of environmental and health consequences.

Legal arguments for our proposal are:

Article 38 of CFR where "Union policies shall ensure a high level of consumer protection."
Article 114 of TFEU, §3 (APPROXIMATION OF LAWS) where "The Commission... will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective."
Article 169 of TFEU where "In order to promote the interests of consumers and to ensure a high level of consumer protection, the Union shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests."
Article 35 of CFR where "Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all the Union's policies and activities."

(Updated in September 2022: Court in Canda authorizes class action against Apple and Samsung. The Canadian decision also authorizes a claim for damages against Apple Canada, Apple Inc., Samsung Electronics Canada and Samsung Electronics Co. Ltd. As a result, the 7 plaintiffs will have the status of representatives of the class defined by the following wording: « Any physical person residing or domiciled in Quebec, who has, since September 11, 2016, purchased or leased and used an Apple or Samsung cellphone. »)