2010/0098(CNS)

Case of nuclear accident or other radiological emergency: maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs. Recast

Awaiting final decision

General
Activities
Documents
Votes
Amendments (55)
History

2010/0098(CNS) Case of nuclear accident or other radiological emergency: maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs. Recast

Role	Committee	Rapporteur	Shadows
Lead	ITRE	BELET Ivo (EPP)	GIEREK Adam (S&D), HALL Fiona (ALDE), RIVASI Michèle (Verts/ALE), FORD Vicky (ECR)
Opinion	JURI	GERINGER DE OEDENBERG Lidia Joanna (S&D)

Lead committee dossier: ITRE/7/02810
Legal Basis Euratom Treaty A 031

Subjects

Links

Activites

2011/03/16 Commission response to text adopted in plenary
- SP(2011)2217
- DG {u'url': u'http://ec.europa.eu/dgs/legal_service/', u'title': u'Legal Service'}, BARROSO José Manuel
2011/02/15 Text adopted by Parliament, 1st reading/single reading
- T7-0055/2011 summary
  
  The European Parliament adopted by 555 votes to 62, with 40 abstentions, a legislative resolution on the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast).
- Results of vote in Parliament
2011/02/14 Debate in Parliament
2011/01/24 Committee report tabled for plenary, 1st reading/single reading
2011/01/13 Vote in committee, 1st reading/single reading
- ITRE ITRE/7/02810 BELET Ivo EPP
- JURI GERINGER DE OEDENBERG Lidia Joanna S&D
2010/11/16 Amendments tabled in committee
- PE452.760
2010/10/12 Committee draft report
- PE450.574
2010/09/15 Economic and Social Committee: opinion, report
- CES1180/2010
2010/06/15 Committee referral announced in Parliament, 1st reading/single reading
- ITRE ITRE/7/02810 BELET Ivo EPP
- JURI GERINGER DE OEDENBERG Lidia Joanna S&D
2010/04/27 Legislative proposal
- COM(2010)0184 summary
  
  PURPOSE: to lay down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). PROPOSED ACT: Council Regulation (Euratom). LEGAL BASE: Article 31 of the European Atomic Energy Community Treaty IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: the Commission initiated the codification of Council Regulation (Euratom) No 3954/87 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency, Commission Regulation (Euratom) No 944/89 and Commission Regulation (Euratom) No 770/90, and a relevant proposal was submitted to the legislative authority. The new Regulation was to have superseded the various acts incorporated in it. In the course of the legislative procedure, it was acknowledged that a provision appearing in the proposal for a codified text provided for a reservation of implementing powers by the Council which was not justified in the recitals of Regulation (Euratom) No 3954/87. In the light of the judgment of the Court of Justice of 6 May 2008 in Case C-133/06, it was considered necessary to insert a new recital in the new act replacing and repealing that Regulation in order to justify that reservation of implementing powers. Since the insertion of such a recital would imply a substantive change, and would therefore go beyond straightforward codification, it was considered necessary that point 8 of the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts - be applied, in the light of the Joint Declaration on that point. Pursuant to Regulation (Euratom) No 3954/87, the Commission, after being informed of a nuclear accident or of any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of foodstuffs and feedingstuffs, is to immediately adopt, if the circumstances so require, a Regulation rendering applicable pre-established maximum permitted levels of radioactive contamination. The period of validity of such a Regulation is to be as short as possible and must not exceed three months. Within one month of its adoption and after consultation with experts, the Commission is to submit to the Council a proposal for a Regulation to adapt or confirm the provisions of the Regulation previously adopted by the Commission, in particular the establishment of maximum permitted levels of radioactive contamination, based on Article 31 of the Euratom Treaty, in view of the need to protect the health of the population. Therefore, as a matter of urgency, it is appropriate for the Council to reserve the right to exercise directly the power to adopt those adjusted measures within this short timeframe. This is, however, without prejudice to the possibility that, in the long term after the nuclear accident or the radiological emergency, other legal instruments or another legal basis may be used for the purpose of controlling foodstuffs or feedingstuffs being placed on the market, for which this reservation of implementing powers will not apply. It is therefore appropriate to transform the codification of Regulation (Euratom) No 3954/87, Regulation (Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a recast in order to incorporate the necessary amendment. FINANCIAL IMPLICATIONS: the proposal has no implication for the Community budget.
- DG {u'url': u'http://ec.europa.eu/dgs/legal_service/', u'title': u'Legal Service'}, BARROSO José Manuel

Documents

Legislative proposal published: COM(2010)0184
Economic and Social Committee: opinion, report: CES1180/2010
Committee draft report: PE450.574
Amendments tabled in committee: PE452.760
Committee report tabled for plenary, 1st reading/single reading: A7-0001/2011
Decision by Parliament, 1st reading/single reading: T7-0055/2011
Results of vote in Parliament: Results of vote in Parliament
Commission response to text adopted in plenary: SP(2011)2217

Votes

A7-0001/2011 - Ivo Belet - Amended proposal

2011/02/15

Position	Total	ALDE	ECR	EFD	GUE/NGL	NI	PPE	S&D	Verts/ALE	correctional
For	507	80	33	7	10	7	187	144	39	17
Against	113	1	14	11	2	13	35	26	11	9
Abstain	51	0	1	7	18	1	21	1	2	3

A7-0001/2011 - Ivo Belet - Legislative resolution

2011/02/15

Position	Total	ALDE	ECR	EFD	GUE/NGL	NI	PPE	S&D	Verts/ALE	correctional
For	555	79	42	12	17	7	207	164	27	3
Against	62	0	2	9	5	13	10	1	22	0
Abstain	40	0	0	3	8	3	23	3	0	2

Amendments	Dossier
55	2010/0098(CNS) Case of nuclear accident or other radiological emergency: maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs. Recast 2010/11/16 ITRE 55 amendments... Amendment 21 # Michèle RIVASI Proposal for a regulation Citation 1 Having regard to the Treaty ~~establishing the European Atomic Energy Community~~on the Functioning of the European Union, and in particular Article 3168(4) and Article 169(3) thereof, Amendment 22 # Ivo BELET Proposal for a regulation Citation 1 Having regard to the Treaty ~~establishing the European Atomic Energy Community~~on the Functioning of the European Union, and in particular Article 3168(4)(b) thereof, Amendment 23 # Michèle RIVASI Proposal for a regulation Recital 2 (2) Article 2(b) of the Treaty requires that the Council establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied, as further set out in Title Two, Chapter III, of the Treaty.deleted Amendment 24 # Vladko Todorov PANAYOTOV Proposal for a regulation Recital 2 (2) Article 2(b) of the Euratom Treaty requires that the Council establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied, as further set out in Title Two, Chapter III, of the Euratom Treaty. Amendment 25 # Michèle RIVASI Proposal for a regulation Recital 2 a (new) (2a) In accordance with Article 168 of the Treaty on the Functioning of the European Union, a high level of human health protection should be ensured in the definition and implementation of all EU policies and activities. Amendment 26 # Adam GIEREK Proposal for a regulation Recital 4 (4) Following the accident at the Chernobyl nuclear power-station on 26 April 1986, considerable quantities of radioactive materials were released into the atmosphere, contaminating foodstuffs and feedingstuffs in several European countries to levels significant from the health point of view; the soil was also contaminated with radioactive fallout, which increased the radioactivity of forest and agricultural foodstuffs obtained in the affected areas. Amendment 27 # Michèle RIVASI Proposal for a regulation Recital 6 (6) The need arises to set up a system allowing the European ~~Atomic Energy Community~~Union, following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of foodstuffs and feedingstuffs, to fix maximum permitted levels of radioactive contamination in order to ~~protect the popula~~guarantee a high level of public health protection. Amendment 28 # Adam GIEREK Proposal for a regulation Recital 6 a (new) (6a) On the basis of the Treaty establishing the European Atomic Energy Community, and in accordance with Articles 4 and 9 thereof, the Commission shall support research into the dangers of contamination of foodstuffs and feedingstuffs with radioactive isotopes and the effects of ionizing radiation (e.g. gamma rays) used for sterilisation on the quality of these products from the point of view of the chemical and radiological risk. Amendment 29 # Adam GIEREK Proposal for a regulation Recital 6 b (new) (6b) The radiological safety of foodstuffs and feedingstuffs cannot be the subject of patents preventing the use of the appropriate safeguard technologies without purchasing licensed rights. Amendment 30 # Michèle RIVASI Proposal for a regulation Recital 8 (8) ~~The Commission should, if the circumstances so require, immediately adopt a Regulation~~In the event of a nuclear accident or radiological emergency, the Commission must immediately render~~ing~~ applicable pre- established maximum permitted levels and communicate them to the public. Amendment 31 # Vladko Todorov PANAYOTOV Proposal for a regulation Recital 8 a (new) (8a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the adaptation to technical progress of the maximum permitted levels of radioactive contamination of foodstuffs and feedingstuffs (Annexes I and III), and of the list of minor foodstuffs (Annex II). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at EFSA and other experts level. Amendment 32 # Michèle RIVASI Proposal for a regulation Recital 9 (9) On the basis of current data available in the field of radiation protection, derived reference levels have been established and these levels mayust be used as a basis for the fixing of maximum permitted levels of radioactive contamination to be applied immediately following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to significant radioactive contamination of foodstuffs and feedingstuffs. Amendment 33 # Michèle RIVASI Proposal for a regulation Recital 10 (10) ~~Such maximum permitted levels~~The derived reference levels and the maximum permitted levels should be regularly revised to take due account of the latest scientific advances and advice as presently available on an international scale ~~whilst~~, reflect~~ing~~ the need for reassuring the public and ~~avo~~providing them with a high level of protection, and avoid divergences in international regulatory practice. Amendment 34 # Michèle RIVASI Proposal for a regulation Recital 11 (11) ~~However~~In the event of a nuclear accident or any other radiological emergency, it is necessary to take due account of the particular circumstances and conditions applying to each accident, and, therefore, to establish a procedure allowing the rapid ~~adaptation~~lowering of these pre-established levels to maximum permitted levels appropriate to the circumstances of any particular nuclear accident or any other case of radiological emergency which is likely to lead or has led to significant radioactive contamination of foodstuffs and feedingstuffsmaximum permitted levels and if necessary the introduction of maximum permitted levels for other radionuclides (notably tritium) involved in the accident, with a view to ensuring the highest possible level of public protection. Amendment 35 # Michèle RIVASI Proposal for a regulation Recital 12 ~~(12) A Regulation rendering applicable maximum permitted levels should also maintain the unity of the Internal Market and avoid deflections of trade within the Union .~~deleted Amendment 36 # Adam GIEREK Proposal for a regulation Recital 12 a (new) (12a) The criteria governing the placing on the market of foodstuffs and feedingstuffs should take into account the level of background radiation in the area concerned. Amendment 37 # Michèle RIVASI Proposal for a regulation Recital 13 (13) In order to facilitate the adaptation of maximum permitted levels, procedures should be provided for allowing the regular consultation of experts ~~including~~. A group of experts should be established by the Commission on the basis of scientific and ethical criteria. The Commission should make public the Ggroup ~~of Experts referred to in Article 31 of the Treaty~~’s composition and its members’ declarations of interests. In adapting the maximum permitted levels, the Commission should also consult experts from international bodies working in the field of radiation protection. Amendment 38 # Vladko Todorov PANAYOTOV Proposal for a regulation Recital 13 (13) In order to facilitate the adaptation of maximum permitted levels, procedures should be provided for allowing the consultation of experts including the Group of Experts referred to in Article 31 of the Euratom Treaty. Amendment 39 # Adam GIEREK Proposal for a regulation Recital 13 a (new) (13a) In the event of a nuclear accident or radioactive incident, consultation procedures should in each case determine whether dilution treatment is permitted, e.g. mixing of contaminated milk with uncontaminated milk. Amendment 40 # Michèle RIVASI Proposal for a regulation Recital 13 a (new) (13a) The adoption of the maximum permitted levels under this Regulation should be based on the protection requirements for the most critical and vulnerable population groups, in particular children and people in isolated geographic areas or those practising subsistence farming. The maximum permitted levels should be the same for the entire population and should be based on the lowest levels. Amendment 41 # Michèle RIVASI Proposal for a regulation Recital 14 ~~(14) The foodstuffs to be considered as minor foodstuffs are those of minor dietary importance which make only a marginal contribution to food consumption by the population.~~deleted Amendment 42 # Michèle RIVASI Proposal for a regulation Recital 15 (15) It is appropriate for the Council to reserve the right to exercise directly the power to adopt a ~~Regulation to timely endors~~Decision to endorse or scale down the measures proposed by the Commission in the first month after a nuclear accident or a radiological emergency. The relevant proposal for the adaptation or confirmation of the provisions laid down in the Regulation adopted by the Commission, in particular the establishment of maximum permitted levels of radioactive contamination and the list of radionuclides, should be based on Article 31s 168 and 169 of the Treaty on the Functioning of the European Union, in view of the health protection of the population. ~~This is without prejudice to the possibility that i~~In the long term, after the accident or the radiological emergency, other le~~gal instruments~~ vels applied should conform to the maximum exposure levels permitted in accor dan~~other legal basis may be used for the purpose of controlling foodstuffs or feedingstuffs being placed on the market.~~ ce with Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation1. __________________ 1 OJ L 314, 4.12.1996, p. 20. Amendment 43 # Vladko Todorov PANAYOTOV Proposal for a regulation Recital 15 (15) It is appropriate for the Council to reserve the right to exercise directly the power to adopt a Regulation to timely endorse measures proposed by the Commission in the first month after a nuclear accident or a radiological emergency. The relevant proposal for the adaptation or confirmation of the provisions laid down in the Regulation adopted by the Commission, in particular the establishment of maximum permitted levels of radioactive contamination, should be based on Article 31 of the Euratom Treaty, in view of the health protection of the population. This is without prejudice to the possibility that in the long term after the accident or the radiological emergency other legal instruments or another legal basis may be used for the purpose of controlling foodstuffs or feedingstuffs being placed on the market. Amendment 44 # Michèle RIVASI Proposal for a regulation Recital 15 a (new) (15a) In the event of a nuclear accident or radiological emergency which requires the maximum permitted levels to be applied, the public should be informed of the levels in force, both by the Commission and by each Member State. Furthermore, the public should also be provided with information about foodstuffs and feedingstuffs liable to accumulate stronger concentrations of radioactivity. Amendment 45 # Michèle RIVASI Proposal for a regulation Recital 16 (16) Compliance with the maximum permitted levels ~~should~~must be the subject of appropriate checks, and sanctions should be introduced for the export or sale of foodstuffs exceeding the maximum permitted contamination levels, Amendment 46 # Michèle RIVASI Proposal for a regulation Article 2 – paragraph 1 1. In the event of the Commission receiving — in particular according to either the European Atomic Energy Community arrangements for the early exchange of information in case of a radiological emergency or under the 1 IAEA Convention of 26 September 1986 on early notification of a nuclear accident — official information on accidents or on any other case of radiological emergency, substantiating that the maximum permitted levels for foodstuffs laid down in Annex I or the maximum permitted levels for feedingstuffs laid down in Annex III are likely to be reached or have been reached, it shall immediately adopt~~, if the circumstances so require, a Regulat~~ a Decision rendering applicable those maximum permitted levels. Amendment 47 # Michèle RIVASI Proposal for a regulation Article 2 – paragraph 2 ~~2. The period of validity of any Regulation within the meaning of paragraph 1 shall be as short as possible and shall not exceed three months, subject to the provisions of Article 3(4).~~deleted Amendment 48 # Michèle RIVASI Proposal for a regulation Article 3 – paragraph 1 1. ~~After consultation with experts, which shall include the group of experts referred to in Article 31 of the Treaty~~No later than one month after the nuclear accident or radiological emergency, and after consulting the group of experts established by the Commission, hereinafter “group of experts”, the Commission shall submit to the Council a proposal ~~for a Regulation to adapt or~~to confirm the existing provisions o~~f the Regulation referred to in Article 2(1) of this Regulation with~~r revise the levels and revise the list of radionuclides, depending on~~e month of its adop~~ the specific situation. Amendment 49 # Vladko Todorov PANAYOTOV Proposal for a regulation Article 3 – paragraph 1 1. After consultation with experts, which shall include the group of experts referred to in Article 31 of the Euratom Treaty, hereinafter "group of experts' , the Commission shall submit to the Council a proposal for a Regulation to adapt or confirm the provisions of the Regulation referred to in Article 2(1) of this Regulation within one month of its adoption. Amendment 50 # Adam GIEREK Proposal for a regulation Article 3 – paragraph 2 2. WThe~~n submitting the proposal for a Regulation referred to in paragraph 1 , the Commission shall take into account the basic standards laid down~~ Commission shall, on the basis of the latest medical research and expertise, extend and update Annexes I and III to this Regulation so as to ensure that the maximum level of contamination of foodstuffs and feedingstuffs with radioactive isotopes, in accordance with Articles 30 ~~and 31~~ of the Treaty, including the principle that all exposures shall be kept as low as reasonably achievable, taking the aspect of the protection of the health of the general public and economic and social factors into accoun Establishing the European Atomic Energy Community, complies with the permissible radioactivity measured in becquerels per kilogram of product. Amendment 51 # Michèle RIVASI Proposal for a regulation Article 3 – paragraph 2 2. When submitting the proposal for a ~~Regulat~~Decision referred to in paragraph 1 , the Commission shall take into account the ~~basic standards laid down in accordance with Articles 30 and 31 of the Treaty, including the~~ principle that all exposures shall be kept as low as reasonably achievable, taking the aspect of the protection of the health of the general public ~~and economic and social factors~~, particularly of the most vulnerable sectors of the population, into account. Amendment 52 # Vladko Todorov PANAYOTOV Proposal for a regulation Article 3 – paragraph 2 2. When submitting the proposal for a Regulation referred to in paragraph 1, the Commission shall take into account the basic standards laid down in accordance with Articles 30 and 31 of the Euratom Treaty, including the principle that all exposures shall be kept as low as reasonably achievable, taking the aspect of the protection of the health of the general public and economic and social factors into account. Amendment 53 # Adam GIEREK Proposal for a regulation Article 3 – paragraph 2 a (new) 2a. Given the possibility of isotopes of solid elements escaping into the environment following a nuclear reactor accident, the list of maximum permitted levels of contamination of animal feed should be expanded and supplemented in accordance with Article 32 of the Treaty Establishing the European Atomic Energy Community to include other isotopes in addition to radioactive stable isotopes of caesium, such as transuranium elements and isotopes of strontium and iodine. Amendment 54 # Michèle RIVASI Proposal for a regulation Article 3 – paragraph 3 3. The Council shall, acting by a ~~qualified~~simple majority, take a decision on the proposal for a ~~Regulat~~Decision referred to in paragraphs 1 and 2 within ~~the time limit set out in Article 2(2)~~one month. The Council shall inform the European Parliament of its decision. Amendment 55 # Michèle RIVASI Proposal for a regulation Article 4 – paragraph 1 The period of validity of ~~any Regulat~~the Decision within the meaning of Article 3 shall be limited and, in the long term, shall enable the health protection levels laid down in Directive 96/29/Euratom to be guaranteed. This period may be revised at the request of ~~a Member State~~the Council or the European Parliament or on the initiative of the Commission in accordance with the procedure laid down in Article 3. Amendment 56 # Michèle RIVASI Proposal for a regulation Article 5 – paragraph 1 1. In order to ensure that the maximum permitted levels laid down in Annexes I and III take account of any new scientific data becoming available, the Commission shall~~, from time to time, seek the opinion of experts, which shall include the group of exper~~ be required to consult on a regular basis the group of experts, as well as experts from third countries and international organisations working in this field. The group of experts shall be set up by the Commission on the basis of scientific and ethical criteria. The Commission shall make public the group’s composition and its members’ declarations of interests. Amendment 57 # Vladko Todorov PANAYOTOV Proposal for a regulation Article 5 – paragraph 1 1. In order to ensure that the maximum permitted levels laid down in Annexes I and III take account of any new scientific data becoming available, the Commission shall~~, from time~~ every two ~~time,~~years seek the opinion of experts, which shall include the ~~group of~~EFSA and other experts. Amendment 58 # Adam GIEREK Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. Annexes I, II and III should take into account the effect of the partial decay of radioactive isotopes during the shelf life of preserved foodstuffs; depending on the type of contamination, e.g. with iodine isotopes, the radioactivity of these products should be constantly monitored. Amendment 59 # Michèle RIVASI Proposal for a regulation Article 5 – paragraph 2 2. At the request of ~~a Member State~~the Council, the European Parliament or the Commission, the maximum permitted levels laid down in Annexes I and III may be revised or supplemented, upon the submission of a proposal f~~rom the Commission to the Council in accordance with the procedure laid down in Article 31 of the Treaty~~or the revision of this Regulation from the Commission to the Council and the European Parliament in accordance with the ordinary legislative procedure. Amendment 60 # Vladko Todorov PANAYOTOV Proposal for a regulation Article 5 – paragraph 2 2. At the request of a Member State or the Commission, the maximum permitted levels laid down in Annexes I and III may be revised or supplemented, upon the submission of a proposal from the Commission to the Council in accordance with the procedure laid down in Article 31 of the Euratom Treaty. Amendment 61 # Michèle RIVASI Proposal for a regulation Article 6 – paragraph 1 – subparagraph 2 ~~For the purposes of applying this Regulation,~~This Regulation shall also apply to foodstuffs or feedingstuffs imported from third countries ~~shall be considered to be placed on the market if, on the customs territory of the Community, they undergo a customs procedure other than a transit procedure~~, in customs transit or intended for export. Amendment 62 # Michèle RIVASI Proposal for a regulation Article 6 – paragraph 2 2. Each Member State shall provide the Commission with all information concerning the application of this Regulation, in particular concerning cases of non-compliance with the maximum permitted levels. The Commission shall communicate such information to the other Member States. The Commission shall impose sanctions in the event of the sale or export of foodstuffs or feedingstuffs exceeding the maximum permitted contamination levels. Amendment 63 # Michèle RIVASI Proposal for a regulation Article 6 – paragraph 2 a (new) 2a Each Member State and the Commission shall inform the public of the levels in force and provide information about foodstuffs liable to accumulate higher concentrations of radioactivity. Amendment 64 # Michèle RIVASI Proposal for a regulation Article 7 – paragraph 1 ~~A list of minor foodstuffs is set out in Annex II.~~deleted Amendment 65 # Adam GIEREK Proposal for a regulation Article 7 – paragraph 1 a (new) Annex II should be completely redrafted on the basis of a classification of the intermediate and minor foodstuffs to be found on the EU consumer market; the basic principle of that classification should be consistency with Annex I. Amendment 66 # Michèle RIVASI Proposal for a regulation Article 8 Rules for implementing this Regulation and adaptations to the list of minor foodstuffs , together with the maximum permitted levels of radioactive contamination to be applied thereto, as set out in Annex II, and to the maximum permitted levels for feedingstuffs set out in Annex III shall be adopted in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/200717, which shall apply by analogy. To this end the Commission shall be assisted by an ad hoc Committee.deleted Amendment 67 # Vladko Todorov PANAYOTOV Proposal for a regulation Article 9 – paragraph 1 Council Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and No 770/90 are repealed, as shown in Annex IV. Amendment 68 # Michèle RIVASI Proposal for a regulation Annex I MAXIMUM PERMITTED LEVELS FOR FOODSTUFFS (Bq/kg) Foodstuffs18 Infant Dairy Other Liquid food19 produce20 foodstuffs foodstuffs22 except minor foodstuffs21 Isotopes of strontium, 75 125 750 125 notably Sr- 90 Isotopes of iodine, 150 500 2 000 50 and liquid foodstuffs18 Isotopes of strontium, 75 notably Sr- 90 Isotopes of iodine, 150 notably I-131 Alpha- emitting isotopes of plutonium and 1 ~~20 80 20~~ transplutoniu m elements, notably Pu- 239, Am-241 All other nuclides of 400 half-life greater than ~~400 1 000 1 250 1 000~~ 10 days, notably Cs- 134, Cs- 13723 Amendment 69 # Vladko Todorov PANAYOTOV Proposal for a regulation Annex I – column 4 – title LTap- and drinking water and liquid foodstuffs Amendment 70 # Vicky FORD Proposal for a regulation Annex I – footnote 19 19 Infant food is defined as those foodstuffs intended for the feeding of infants during the first four to six months ~~of life~~and formula milk (or equivalent products) intended for infants under the age of twelve months, which meet, in themselves, the nutritional requirements of this category of person and are put up for retail sale in packages which are clearly identified and labelled "food preparation for infants"; Amendment 71 # Michèle RIVASI Proposal for a regulation Annex II This annex is deleted. Amendment 72 # Fiona HALL Proposal for a regulation Annex II – row 0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh or dried, whether or not sliced or in the form of pellets; sago pithdeleted Amendment 73 # Fiona HALL Proposal for a regulation Annex II – row 1106 20 ~~Flour, meal and powder of sago or of roots or tubers of heading No 0714~~deleted Amendment 74 # Fiona HALL Proposal for a regulation Annex II – row 1108 14 00 ~~Manioc (cassava) starch~~deleted Amendment 75 # Michèle RIVASI Proposal for a regulation Annex III MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION (CAESIUM-134 ~~AND CAESIUM-137~~, CAESIUM-137, IODINE 131 AND STRONTIUM 90) OF FEEDINGSTUFFS ~~Animal~~ Isotopes ~~Bq/kg24, 25 Pigs 1 250 Poultry, lambs, calves~~Isotopes Cs-134 of of iodine, and Cs- strontiu notably 137 m, I-131 notably Sr-90 Animal ~~2 500 Other~~ Bq/kg 24 25 Pigs 1 25 ~~5 000~~ 1 25 1 250 Poultry, lambs, calves, beef 2 50 2 50 2 500 source: PE-452.760

Amendments

Dossier

2010/0098(CNS) Case of nuclear accident or other radiological emergency: maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs. Recast

2010/11/16 ITRE 55 amendments...

Amendment 21 #

	ITRE	JURI
Lead Rapporteur	BELET Ivo (EPP)
Opinion Rapporteur(s)		GERINGER DE OEDENBERG Lidia Joanna (S&D)

activities/0/docs/0/text/0	changed	Old PURPOSE: to lay down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). PROPOSED ACT: Council Regulation (Euratom). LEGAL BASE: Article 31 of the European Atomic Energy Community Treaty IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: the Commission initiated the codification of Council Regulation (Euratom) No 3954/87 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency, Commission Regulation (Euratom) No 944/89 and Commission Regulation (Euratom) No 770/90, and a relevant proposal was submitted to the legislative authority. The new Regulation was to have superseded the various acts incorporated in it. In the course of the legislative procedure, it was acknowledged that a provision appearing in the proposal for a codified text provided for a reservation of implementing powers by the Council which was not justified in the recitals of Regulation (Euratom) No 3954/87. In the light of the judgment of the Court of Justice of 6 May 2008 in Case C-133/06, it was considered necessary to insert a new recital in the new act replacing and repealing that Regulation in order to justify that reservation of implementing powers. Since the insertion of such a recital would imply a substantive change, and would therefore go beyond straightforward codification, it was considered necessary that point 8 of the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts - be applied, in the light of the Joint Declaration on that point. Pursuant to Regulation (Euratom) No 3954/87, the Commission, after being informed of a nuclear accident or of any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of foodstuffs and feedingstuffs, is to immediately adopt, if the circumstances so require, a Regulation rendering applicable pre-established maximum permitted levels of radioactive contamination. The period of validity of such a Regulation is to be as short as possible and must not exceed three months. Within one month of its adoption and after consultation with experts, the Commission is to submit to the Council a proposal for a Regulation to adapt or confirm the provisions of the Regulation previously adopted by the Commission, in particular the establishment of maximum permitted levels of radioactive contamination, based on Article 31 of the Euratom Treaty, in view of the need to protect the health of the population. Therefore, as a matter of urgency, it is appropriate for the Council to reserve the right to exercise directly the power to adopt those adjusted measures within this short timeframe. This is, however, without prejudice to the possibility that, in the long term after the nuclear accident or the radiological emergency, other legal instruments or another legal basis may be used for the purpose of controlling foodstuffs or feedingstuffs being placed on the market, for which this reservation of implementing powers will not apply. It is therefore appropriate to transform the codification of Regulation (Euratom) No 3954/87, Regulation (Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a recast in order to incorporate the necessary amendment. FINANCIAL IMPLICATIONS: the proposal has no implication for the Community budget. New PURPOSE: to lay down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). PROPOSED ACT: Council Regulation (Euratom). LEGAL BASE: Article 31 of the European Atomic Energy Community Treaty IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: the Commission initiated the codification of Council Regulation (Euratom) No 3954/87 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency, Commission Regulation (Euratom) No 944/89 and Commission Regulation (Euratom) No 770/90, and a relevant proposal was submitted to the legislative authority. The new Regulation was to have superseded the various acts incorporated in it. In the course of the legislative procedure, it was acknowledged that a provision appearing in the proposal for a codified text provided for a reservation of implementing powers by the Council which was not justified in the recitals of Regulation (Euratom) No 3954/87. In the light of the judgment of the Court of Justice of 6 May 2008 in Case C-133/06, it was considered necessary to insert a new recital in the new act replacing and repealing that Regulation in order to justify that reservation of implementing powers. Since the insertion of such a recital would imply a substantive change, and would therefore go beyond straightforward codification, it was considered necessary that point 8 of the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts - be applied, in the light of the Joint Declaration on that point. Pursuant to Regulation (Euratom) No 3954/87, the Commission, after being informed of a nuclear accident or of any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of foodstuffs and feedingstuffs, is to immediately adopt, if the circumstances so require, a Regulation rendering applicable pre-established maximum permitted levels of radioactive contamination. The period of validity of such a Regulation is to be as short as possible and must not exceed three months. Within one month of its adoption and after consultation with experts, the Commission is to submit to the Council a proposal for a Regulation to adapt or confirm the provisions of the Regulation previously adopted by the Commission, in particular the establishment of maximum permitted levels of radioactive contamination, based on Article 31 of the Euratom Treaty, in view of the need to protect the health of the population. Therefore, as a matter of urgency, it is appropriate for the Council to reserve the right to exercise directly the power to adopt those adjusted measures within this short timeframe. This is, however, without prejudice to the possibility that, in the long term after the nuclear accident or the radiological emergency, other legal instruments or another legal basis may be used for the purpose of controlling foodstuffs or feedingstuffs being placed on the market, for which this reservation of implementing powers will not apply. It is therefore appropriate to transform the codification of Regulation (Euratom) No 3954/87, Regulation (Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a recast in order to incorporate the necessary amendment. FINANCIAL IMPLICATIONS: the proposal has no implication for the Community budget.
activities/5/text/0	changed	Old The Committee on Industry, Research and Energy adopted the report drafted by Ivo BELET (EPP, BE) amending, under a special legislative procedure (European Parliament consultation), the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). Although this proposal is dealt with through the recasting technique, the committee proposes to substantially amend the proposal so as to ensure the legal certainty and coherence of the text. Members propose detailed amendments to the codified parts of the proposal: Legal basis: to ensure a high level of health protection for EU citizens in the event of radioactive contamination and to give democratic legitimacy to the adoption of this Regulation, the legal basis should be changed under the new Lisbon Treaty to give the European Parliament a decision-making role on a regulation potentially affecting public health. The proposal is to consider public health (Article 168) and consumer protection (Article 169(1)). Specify the Commission's role: Members wish to streamline the procedure in case of nuclear emergency by clearly giving a supervisory role to the Commission and clarifying the regime of its acts (adoption, revision). To this end, they suggest that the Commission should be empowered to: · immediately apply the maximum permitted levels of radioactive contamination as defined in the Annexes; · adopt 'delegated acts' to revise and supplement the levels of contamination and the list of minor foodstuffs and feedingstuffs, to take due account of the latest technical progress. The Commission shall be assisted by a committee of independent scientific experts on public health and food safety. The members of the committee shall be selected according to scientific criteria. The Commission shall make public the composition of the committee of experts and its members' declaration of interests. Limit the margins of manoeuvre given to Member States: Members aim to serve the interest of the citizens through a better management of the post-accident situation by limiting the intervention and margins of manoeuvre given to Member States. On the one hand, since the procedure of 'confirmation' or 'adaptation' of the application of the maximum permitted levels by the Council seems unnecessary and a source of legal uncertainty, the report suggests deleting this level of intervention. On the other hand, the initiatives of Member States as regards the revision or addition to the levels of contamination, as well as rules for implementing the regulation, are respectively streamlined through delegated/implementing acts regime. Application: the report stipulates that this Regulation shall also apply to foodstuffs or feedingstuffs imported from third countries, in customs transit or intended for export. Member States shall monitor compliance with the maximum permitted levels. For that purpose Member States shall maintain a system of official controls of foodstuffs and feedingstuffs, and other activities as appropriate in the circumstances, including public communication on food and feed safety and risks, in accordance Regulation 178/2002. Report: the Commission shall submit, by March 2012, a report to the European Parliament and the Council on the appropriateness of the maximum permitted levels laid down in Annexes I and III, and on the appropriateness of maintaining a list of minor foodstuffs as laid down in Annex II. That report shall in particular examine the compliance of the maximum permitted levels with the effective dose limit of 1 mSv/y for members of the public under the conditions laid down in Directive 96/29 Euratom and consider the possible inclusion of additional relevant radio nucleides in Annex I and III. In assessing the levels, the report shall focus on the protection of the most vulnerable population groups, in particular children, and examine whether it would be appropriate to set maximum permitted levels for all categories of population on that basis. New The Committee on Industry, Research and Energy adopted the report drafted by Ivo BELET (EPP, BE) amending, under a special legislative procedure (European Parliament consultation), the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). Although this proposal is dealt with through the recasting technique, the committee proposes to substantially amend the proposal so as to ensure the legal certainty and coherence of the text. Members propose detailed amendments to the codified parts of the proposal: Legal basis: to ensure a high level of health protection for EU citizens in the event of radioactive contamination and to give democratic legitimacy to the adoption of this Regulation, the legal basis should be changed under the new Lisbon Treaty to give the European Parliament a decision-making role on a regulation potentially affecting public health. The proposal is to consider public health (Article 168) and consumer protection (Article 169(1)). Specify the Commission's role: Members wish to streamline the procedure in case of nuclear emergency by clearly giving a supervisory role to the Commission and clarifying the regime of its acts (adoption, revision). To this end, they suggest that the Commission should be empowered to: · immediately apply the maximum permitted levels of radioactive contamination as defined in the Annexes; · adopt 'delegated acts' to revise and supplement the levels of contamination and the list of minor foodstuffs and feedingstuffs, to take due account of the latest technical progress. The Commission shall be assisted by a committee of independent scientific experts on public health and food safety. The members of the committee shall be selected according to scientific criteria. The Commission shall make public the composition of the committee of experts and its members' declaration of interests. Limit the margins of manoeuvre given to Member States: Members aim to serve the interest of the citizens through a better management of the post-accident situation by limiting the intervention and margins of manoeuvre given to Member States. On the one hand, since the procedure of 'confirmation' or 'adaptation' of the application of the maximum permitted levels by the Council seems unnecessary and a source of legal uncertainty, the report suggests deleting this level of intervention. On the other hand, the initiatives of Member States as regards the revision or addition to the levels of contamination, as well as rules for implementing the regulation, are respectively streamlined through delegated/implementing acts regime. Application: the report stipulates that this Regulation shall also apply to foodstuffs or feedingstuffs imported from third countries, in customs transit or intended for export. Member States shall monitor compliance with the maximum permitted levels. For that purpose Member States shall maintain a system of official controls of foodstuffs and feedingstuffs, and other activities as appropriate in the circumstances, including public communication on food and feed safety and risks, in accordance Regulation 178/2002. Report: the Commission shall submit, by March 2012, a report to the European Parliament and the Council on the appropriateness of the maximum permitted levels laid down in Annexes I and III, and on the appropriateness of maintaining a list of minor foodstuffs as laid down in Annex II. That report shall in particular examine the compliance of the maximum permitted levels with the effective dose limit of 1 mSv/y for members of the public under the conditions laid down in Directive 96/29 Euratom and consider the possible inclusion of additional relevant radio nucleides in Annex I and III. In assessing the levels, the report shall focus on the protection of the most vulnerable population groups, in particular children, and examine whether it would be appropriate to set maximum permitted levels for all categories of population on that basis.
activities/8/docs/0/text/0	changed	Old The European Parliament adopted by 555 votes to 62, with 40 abstentions, a legislative resolution on the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). New The European Parliament adopted by 555 votes to 62, with 40 abstentions, a legislative resolution on the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast).

activities/4/body	changed	Old EC New EP
activities/4/commission	deleted	DG url http://ec.europa.eu/dgs/legal_service/ title Legal Service Commissioner BARROSO José Manuel
activities/4/date	changed	Old 2011-02-15 New 2010-11-16
activities/4/docs/0/title	changed	Old SP(2011)2217 New PE452.760
activities/4/docs/0/type	changed	Old Commission response to text adopted in plenary New Amendments tabled in committee
activities/4/docs/0/url	changed	Old http://www.europarl.europa.eu/oeil/spdoc.do?i=19363&j=0&l=en New http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE452.760
activities/4/type	changed	Old Commission response to text adopted in plenary New Amendments tabled in committee
other/1	added	body EC doc url http://www.europarl.europa.eu/oeil/spdoc.do?i=19363&j=0&l=en title SP(2011)2217 type Commission response to text adopted in plenary

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activities/2/docs/0/url	added	http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=1180&year=2010
activities/7/docs/0/url	added	http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-55

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activities/5/docs/0/url	added	http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-1&language=EN

activities/0/commission/0	added	DG url http://ec.europa.eu/dgs/legal_service/ title Legal Service Commissioner BARROSO José Manuel
activities/0/commission/0	deleted	DG Legal Service Commissioner BARROSO José Manuel
activities/8/commission/0	added	DG url http://ec.europa.eu/dgs/legal_service/ title Legal Service Commissioner BARROSO José Manuel
activities/8/commission/0	deleted	DG Legal Service Commissioner BARROSO José Manuel
other/0	added	body EC dg url http://ec.europa.eu/dgs/legal_service/ title Legal Service commissioner BARROSO José Manuel
other/0	deleted	body EC dg Legal Service commissioner BARROSO José Manuel

activities/1	added	date 2010-06-15 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo body EP responsible False committee JURI date 2010-06-09 committee_full Legal Affairs rapporteur group S&D name GERINGER DE OEDENBERG Lidia Joanna
activities/1	deleted	date 2010-06-15 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo body EP responsible False committee JURI date 2010-06-09 committee_full Legal Affairs rapporteur group S&D name GERINGER DE OEDENBERG Lidia Joanna
activities/4/committees/0	added	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo
activities/4/committees/0	deleted	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo
activities/5/committees/0	added	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo
activities/5/committees/0	deleted	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo
committees/0	added	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo
committees/0	deleted	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo

activities	added	date 2010-04-27 docs url http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=0184 text PURPOSE: to lay down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). PROPOSED ACT: Council Regulation (Euratom). LEGAL BASE: Article 31 of the European Atomic Energy Community Treaty IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT: the Commission initiated the codification of Council Regulation (Euratom) No 3954/87 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency, Commission Regulation (Euratom) No 944/89 and Commission Regulation (Euratom) No 770/90, and a relevant proposal was submitted to the legislative authority. The new Regulation was to have superseded the various acts incorporated in it. In the course of the legislative procedure, it was acknowledged that a provision appearing in the proposal for a codified text provided for a reservation of implementing powers by the Council which was not justified in the recitals of Regulation (Euratom) No 3954/87. In the light of the judgment of the Court of Justice of 6 May 2008 in Case C-133/06, it was considered necessary to insert a new recital in the new act replacing and repealing that Regulation in order to justify that reservation of implementing powers. Since the insertion of such a recital would imply a substantive change, and would therefore go beyond straightforward codification, it was considered necessary that point 8 of the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts - be applied, in the light of the Joint Declaration on that point. Pursuant to Regulation (Euratom) No 3954/87, the Commission, after being informed of a nuclear accident or of any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of foodstuffs and feedingstuffs, is to immediately adopt, if the circumstances so require, a Regulation rendering applicable pre-established maximum permitted levels of radioactive contamination. The period of validity of such a Regulation is to be as short as possible and must not exceed three months. Within one month of its adoption and after consultation with experts, the Commission is to submit to the Council a proposal for a Regulation to adapt or confirm the provisions of the Regulation previously adopted by the Commission, in particular the establishment of maximum permitted levels of radioactive contamination, based on Article 31 of the Euratom Treaty, in view of the need to protect the health of the population. Therefore, as a matter of urgency, it is appropriate for the Council to reserve the right to exercise directly the power to adopt those adjusted measures within this short timeframe. This is, however, without prejudice to the possibility that, in the long term after the nuclear accident or the radiological emergency, other legal instruments or another legal basis may be used for the purpose of controlling foodstuffs or feedingstuffs being placed on the market, for which this reservation of implementing powers will not apply. It is therefore appropriate to transform the codification of Regulation (Euratom) No 3954/87, Regulation (Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a recast in order to incorporate the necessary amendment. FINANCIAL IMPLICATIONS: the proposal has no implication for the Community budget. title COM(2010)0184 type Legislative proposal published celexid CELEX:52010PC0184:EN type Legislative proposal body EC commission DG Legal Service Commissioner BARROSO José Manuel date 2010-06-15 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo body EP responsible False committee JURI date 2010-06-09 committee_full Legal Affairs rapporteur group S&D name GERINGER DE OEDENBERG Lidia Joanna date 2010-09-15 docs url http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=1180&year=2010 celexid CELEX:52010AE1180:EN type Economic and Social Committee: opinion, report title CES1180/2010 body ESOC type Economic and Social Committee: opinion, report date 2010-10-12 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE450.574 type Committee draft report title PE450.574 body EP type Committee draft report date 2011-01-13 text The Committee on Industry, Research and Energy adopted the report drafted by Ivo BELET (EPP, BE) amending, under a special legislative procedure (European Parliament consultation), the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). Although this proposal is dealt with through the recasting technique, the committee proposes to substantially amend the proposal so as to ensure the legal certainty and coherence of the text. Members propose detailed amendments to the codified parts of the proposal: Legal basis: to ensure a high level of health protection for EU citizens in the event of radioactive contamination and to give democratic legitimacy to the adoption of this Regulation, the legal basis should be changed under the new Lisbon Treaty to give the European Parliament a decision-making role on a regulation potentially affecting public health. The proposal is to consider public health (Article 168) and consumer protection (Article 169(1)). Specify the Commission's role: Members wish to streamline the procedure in case of nuclear emergency by clearly giving a supervisory role to the Commission and clarifying the regime of its acts (adoption, revision). To this end, they suggest that the Commission should be empowered to: · immediately apply the maximum permitted levels of radioactive contamination as defined in the Annexes; · adopt 'delegated acts' to revise and supplement the levels of contamination and the list of minor foodstuffs and feedingstuffs, to take due account of the latest technical progress. The Commission shall be assisted by a committee of independent scientific experts on public health and food safety. The members of the committee shall be selected according to scientific criteria. The Commission shall make public the composition of the committee of experts and its members' declaration of interests. Limit the margins of manoeuvre given to Member States: Members aim to serve the interest of the citizens through a better management of the post-accident situation by limiting the intervention and margins of manoeuvre given to Member States. On the one hand, since the procedure of 'confirmation' or 'adaptation' of the application of the maximum permitted levels by the Council seems unnecessary and a source of legal uncertainty, the report suggests deleting this level of intervention. On the other hand, the initiatives of Member States as regards the revision or addition to the levels of contamination, as well as rules for implementing the regulation, are respectively streamlined through delegated/implementing acts regime. Application: the report stipulates that this Regulation shall also apply to foodstuffs or feedingstuffs imported from third countries, in customs transit or intended for export. Member States shall monitor compliance with the maximum permitted levels. For that purpose Member States shall maintain a system of official controls of foodstuffs and feedingstuffs, and other activities as appropriate in the circumstances, including public communication on food and feed safety and risks, in accordance Regulation 178/2002. Report: the Commission shall submit, by March 2012, a report to the European Parliament and the Council on the appropriateness of the maximum permitted levels laid down in Annexes I and III, and on the appropriateness of maintaining a list of minor foodstuffs as laid down in Annex II. That report shall in particular examine the compliance of the maximum permitted levels with the effective dose limit of 1 mSv/y for members of the public under the conditions laid down in Directive 96/29 Euratom and consider the possible inclusion of additional relevant radio nucleides in Annex I and III. In assessing the levels, the report shall focus on the protection of the most vulnerable population groups, in particular children, and examine whether it would be appropriate to set maximum permitted levels for all categories of population on that basis. body EP committees body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo body EP responsible False committee JURI date 2010-06-09 committee_full Legal Affairs rapporteur group S&D name GERINGER DE OEDENBERG Lidia Joanna type Vote in committee, 1st reading/single reading date 2011-01-24 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0001&language=EN type Committee report tabled for plenary, 1st reading/single reading title A7-0001/2011 body EP committees body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo body EP responsible False committee JURI date 2010-06-09 committee_full Legal Affairs rapporteur group S&D name GERINGER DE OEDENBERG Lidia Joanna type Committee report tabled for plenary, 1st reading/single reading date 2011-02-14 body EP type Debate in Parliament date 2011-02-15 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-0055 text The European Parliament adopted by 555 votes to 62, with 40 abstentions, a legislative resolution on the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (recast). type Decision by Parliament, 1st reading/single reading title T7-0055/2011 url http://www.europarl.europa.eu/oeil/popups/sda.do?id=19363&l=en type Results of vote in Parliament title Results of vote in Parliament body EP type Text adopted by Parliament, 1st reading/single reading date 2011-02-15 docs url http://www.europarl.europa.eu/oeil/spdoc.do?i=19363&j=0&l=en type Commission response to text adopted in plenary title SP(2011)2217 type Commission response to text adopted in plenary body EC commission DG Legal Service Commissioner BARROSO José Manuel
committees	added	body EP shadows group S&D name GIEREK Adam group ALDE name HALL Fiona group Verts/ALE name RIVASI Michèle group ECR name FORD Vicky responsible True committee ITRE date 2010-06-16 committee_full Industry, Research and Energy rapporteur group EPP name BELET Ivo body EP responsible False committee JURI date 2010-06-09 committee_full Legal Affairs rapporteur group S&D name GERINGER DE OEDENBERG Lidia Joanna
links	added	National parliaments url http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=CNS&year=2010&number=0098&appLng=EN title IPEX European Commission url http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=CNS&DocYear=2010&DocNum=0098 title PreLex
other	added	body EC dg Legal Service commissioner BARROSO José Manuel
procedure	added	dossier_of_the_committee ITRE/7/02810 reference 2010/0098(CNS) instrument Regulation legal_basis Euratom Treaty A 031 stage_reached Awaiting final decision subtype Recast title Case of nuclear accident or other radiological emergency: maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs (repeal. Regulation (Euratom) No 3954/87). Recast type CNS - Consultation procedure subject 3.10.08.01 Feedingstuffs, animal nutrition 3.10.10 Foodstuffs, foodstuffs legislation 3.60.04 Nuclear energy, industry and safety 3.70.08 Radioactive pollution 3.70.10 Man-made disasters, industrial pollution and accidents

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