PURPOSE: to lay down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nPROPOSED ACT: Council Regulation (Euratom).
\nLEGAL BASE: Article 31 of the European Atomic Energy\nCommunity Treaty
\nIMPACT ASSESSMENT: no impact assessment was carried\nout.
\nCONTENT: the Commission initiated the codification of\nCouncil Regulation (Euratom) No 3954/87 laying down maximum\npermitted levels of radioactive contamination of foodstuffs and of\nfeedingstuffs following a nuclear accident or any other case of\nradiological emergency, Commission Regulation (Euratom) No 944/89\nand Commission Regulation (Euratom) No 770/90, and a relevant\nproposal was submitted to the legislative authority. The new\nRegulation was to have superseded the various acts incorporated in\nit.
\nIn the course of the legislative procedure, it was\nacknowledged that a provision appearing in the proposal for a\ncodified text provided for a reservation of implementing powers by\nthe Council which was not justified in the recitals of Regulation\n(Euratom) No 3954/87. In the light of the judgment of the Court of\nJustice of 6 May 2008 in Case C-133/06, it was considered necessary\nto insert a new recital in the new act replacing and repealing that\nRegulation in order to justify that reservation of implementing\npowers. Since the insertion of such a recital would imply a\nsubstantive change, and would therefore go beyond straightforward\ncodification, it was considered necessary that point 8 of the\nInterinstitutional Agreement of 20 December 1994 - Accelerated\nworking method for official codification of legislative texts - be\napplied, in the light of the Joint Declaration on that\npoint.
\nPursuant to Regulation (Euratom) No 3954/87, the\nCommission, after being informed of a nuclear accident or of any\nother case of radiological emergency which is likely to lead or has\nled to a significant radioactive contamination of foodstuffs and\nfeedingstuffs, is to immediately adopt, if the circumstances so\nrequire, a Regulation rendering applicable pre-established maximum\npermitted levels of radioactive contamination. The period of\nvalidity of such a Regulation is to be as short as possible and\nmust not exceed three months. Within one month of its adoption and\nafter consultation with experts, the Commission is to submit to the\nCouncil a proposal for a Regulation to adapt or confirm the\nprovisions of the Regulation previously adopted by the Commission,\nin particular the establishment of maximum permitted levels of\nradioactive contamination, based on Article 31 of the Euratom\nTreaty, in view of the need to protect the health of the\npopulation. Therefore, as a matter of urgency, it is appropriate\nfor the Council to reserve the right to exercise directly the power\nto adopt those adjusted measures within this short timeframe. This\nis, however, without prejudice to the possibility that, in the long\nterm after the nuclear accident or the radiological emergency,\nother legal instruments or another legal basis may be used for the\npurpose of controlling foodstuffs or feedingstuffs being placed on\nthe market, for which this reservation of implementing powers will\nnot apply. It is therefore appropriate to transform the\ncodification of Regulation (Euratom) No 3954/87, Regulation\n(Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a\nrecast in order to incorporate the necessary amendment.
\nFINANCIAL IMPLICATIONS: the proposal has no\nimplication for the Community budget.
\nThe Committee on\nIndustry, Research and Energy adopted the report drafted by Ivo\nBELET (EPP, BE) amending, under a special legislative procedure\n(European Parliament consultation), the proposal for a Council\nregulation (Euratom) laying down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nAlthough this\nproposal is dealt with through the recasting technique, the\ncommittee proposes to substantially amend the proposal so as to\nensure the legal certainty and coherence of the text.
\nMembers propose\ndetailed amendments to the codified parts of the\nproposal:
\nLegal\nbasis: to ensure a high\nlevel of health protection for EU citizens in the event of\nradioactive contamination and to give democratic legitimacy to the\nadoption of this Regulation, the legal basis should be changed\nunder the new Lisbon Treaty to give the European Parliament a\ndecision-making role on a regulation potentially affecting public\nhealth. The proposal is to consider public health (Article 168) and\nconsumer protection (Article 169(1)).
\nSpecify\nthe Commission's role: Members wish to\nstreamline the procedure in case of nuclear emergency by clearly\ngiving a supervisory role to the Commission and clarifying the\nregime of its acts (adoption, revision). To this end, they suggest\nthat the Commission should be empowered to:
\n\n· \nimmediately apply the\nmaximum permitted levels of radioactive contamination as defined in\nthe Annexes;
\n\n· \nadopt 'delegated\nacts' to revise and supplement the levels of contamination and the\nlist of minor foodstuffs and feedingstuffs, to take due account of\nthe latest technical progress.
\nThe Commission shall\nbe assisted by a committee of independent scientific experts on\npublic health and food safety. The members of the committee shall\nbe selected according to scientific criteria.
\nThe Commission shall\nmake public the composition of the committee of experts and its\nmembers' declaration of interests.
\nLimit\nthe margins of manoeuvre given to Member States:\nMembers aim to serve the interest of the citizens through a better\nmanagement of the post-accident situation by limiting the\nintervention and margins of manoeuvre given to Member States. On\nthe one hand, since the procedure of 'confirmation' or 'adaptation'\nof the application of the maximum permitted levels by the Council\nseems unnecessary and a source of legal uncertainty, the report\nsuggests deleting this level of intervention. On the other hand,\nthe initiatives of Member States as regards the revision or\naddition to the levels of contamination, as well as rules for\nimplementing the regulation, are respectively streamlined through\ndelegated/implementing acts regime.
\nApplication: the\nreport stipulates that this Regulation shall also apply to\nfoodstuffs or feedingstuffs imported from third countries, in\ncustoms transit or intended for export. Member States shall monitor\ncompliance with the maximum permitted levels. For that purpose\nMember States shall maintain a system of official controls of\nfoodstuffs and feedingstuffs, and other activities as appropriate\nin the circumstances, including public communication on food and\nfeed safety and risks, in accordance Regulation\n178/2002.
\nReport: the\nCommission shall submit, by March 2012, a report to the European\nParliament and the Council on the appropriateness of the maximum\npermitted levels laid down in Annexes I and III, and on the\nappropriateness of maintaining a list of minor foodstuffs as laid\ndown in Annex II.
\nThat report shall in\nparticular examine the compliance of the maximum permitted levels\nwith the effective dose limit of 1 mSv/y for members of the public\nunder the conditions laid down in Directive 96/29 Euratom and\nconsider the possible inclusion of additional relevant radio\nnucleides in Annex I and III.
\nIn assessing the\nlevels, the report shall focus on the protection of the most\nvulnerable population groups, in particular children, and examine\nwhether it would be appropriate to set maximum permitted levels for\nall categories of population on that basis.
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nThe Committee on\nIndustry, Research and Energy adopted the report drafted by Ivo\nBELET (EPP, BE) amending, under a special legislative procedure\n(European Parliament consultation), the proposal for a Council\nregulation (Euratom) laying down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nAlthough this\nproposal is dealt with through the recasting technique, the\ncommittee proposes to substantially amend the proposal so as to\nensure the legal certainty and coherence of the text.
\nMembers propose\ndetailed amendments to the codified parts of the\nproposal:
\nLegal\nbasis: to ensure a high\nlevel of health protection for EU citizens in the event of\nradioactive contamination and to give democratic legitimacy to the\nadoption of this Regulation, the legal basis should be changed\nunder the new Lisbon Treaty to give the European Parliament a\ndecision-making role on a regulation potentially affecting public\nhealth. The proposal is to consider public health (Article 168) and\nconsumer protection (Article 169(1)).
\nSpecify\nthe Commission's role: Members wish to\nstreamline the procedure in case of nuclear emergency by clearly\ngiving a supervisory role to the Commission and clarifying the\nregime of its acts (adoption, revision). To this end, they suggest\nthat the Commission should be empowered to:
\n\n· \nimmediately apply the\nmaximum permitted levels of radioactive contamination as defined in\nthe Annexes;
\n\n· \nadopt 'delegated\nacts' to revise and supplement the levels of contamination and the\nlist of minor foodstuffs and feedingstuffs, to take due account of\nthe latest technical progress.
\nThe Commission shall\nbe assisted by a committee of independent scientific experts on\npublic health and food safety. The members of the committee shall\nbe selected according to scientific criteria.
\nThe Commission shall\nmake public the composition of the committee of experts and its\nmembers' declaration of interests.
\nLimit\nthe margins of manoeuvre given to Member States:\nMembers aim to serve the interest of the citizens through a better\nmanagement of the post-accident situation by limiting the\nintervention and margins of manoeuvre given to Member States. On\nthe one hand, since the procedure of 'confirmation' or 'adaptation'\nof the application of the maximum permitted levels by the Council\nseems unnecessary and a source of legal uncertainty, the report\nsuggests deleting this level of intervention. On the other hand,\nthe initiatives of Member States as regards the revision or\naddition to the levels of contamination, as well as rules for\nimplementing the regulation, are respectively streamlined through\ndelegated/implementing acts regime.
\nApplication: the\nreport stipulates that this Regulation shall also apply to\nfoodstuffs or feedingstuffs imported from third countries, in\ncustoms transit or intended for export. Member States shall monitor\ncompliance with the maximum permitted levels. For that purpose\nMember States shall maintain a system of official controls of\nfoodstuffs and feedingstuffs, and other activities as appropriate\nin the circumstances, including public communication on food and\nfeed safety and risks, in accordance Regulation\n178/2002.
\nReport: the\nCommission shall submit, by March 2012, a report to the European\nParliament and the Council on the appropriateness of the maximum\npermitted levels laid down in Annexes I and III, and on the\nappropriateness of maintaining a list of minor foodstuffs as laid\ndown in Annex II.
\nThat report shall in\nparticular examine the compliance of the maximum permitted levels\nwith the effective dose limit of 1 mSv/y for members of the public\nunder the conditions laid down in Directive 96/29 Euratom and\nconsider the possible inclusion of additional relevant radio\nnucleides in Annex I and III.
\nIn assessing the\nlevels, the report shall focus on the protection of the most\nvulnerable population groups, in particular children, and examine\nwhether it would be appropriate to set maximum permitted levels for\nall categories of population on that basis.
\nThe Committee on\nIndustry, Research and Energy adopted the report drafted by Ivo\nBELET (EPP, BE) amending, under a special legislative procedure\n(European Parliament consultation), the proposal for a Council\nregulation (Euratom) laying down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nAlthough this\nproposal is dealt with through the recasting technique, the\ncommittee proposes to substantially amend the proposal so as to\nensure the legal certainty and coherence of the text.
\nMembers propose\ndetailed amendments to the codified parts of the\nproposal:
\nLegal\nbasis: to ensure a high\nlevel of health protection for EU citizens in the event of\nradioactive contamination and to give democratic legitimacy to the\nadoption of this Regulation, the legal basis should be changed\nunder the new Lisbon Treaty to give the European Parliament a\ndecision-making role on a regulation potentially affecting public\nhealth. The proposal is to consider public health (Article 168) and\nconsumer protection (Article 169(1)).
\nSpecify\nthe Commission's role: Members wish to\nstreamline the procedure in case of nuclear emergency by clearly\ngiving a supervisory role to the Commission and clarifying the\nregime of its acts (adoption, revision). To this end, they suggest\nthat the Commission should be empowered to:
\n\n· \nimmediately apply the\nmaximum permitted levels of radioactive contamination as defined in\nthe Annexes;
\n\n· \nadopt 'delegated\nacts' to revise and supplement the levels of contamination and the\nlist of minor foodstuffs and feedingstuffs, to take due account of\nthe latest technical progress.
\nThe Commission shall\nbe assisted by a committee of independent scientific experts on\npublic health and food safety. The members of the committee shall\nbe selected according to scientific criteria.
\nThe Commission shall\nmake public the composition of the committee of experts and its\nmembers' declaration of interests.
\nLimit\nthe margins of manoeuvre given to Member States:\nMembers aim to serve the interest of the citizens through a better\nmanagement of the post-accident situation by limiting the\nintervention and margins of manoeuvre given to Member States. On\nthe one hand, since the procedure of 'confirmation' or 'adaptation'\nof the application of the maximum permitted levels by the Council\nseems unnecessary and a source of legal uncertainty, the report\nsuggests deleting this level of intervention. On the other hand,\nthe initiatives of Member States as regards the revision or\naddition to the levels of contamination, as well as rules for\nimplementing the regulation, are respectively streamlined through\ndelegated/implementing acts regime.
\nApplication: the\nreport stipulates that this Regulation shall also apply to\nfoodstuffs or feedingstuffs imported from third countries, in\ncustoms transit or intended for export. Member States shall monitor\ncompliance with the maximum permitted levels. For that purpose\nMember States shall maintain a system of official controls of\nfoodstuffs and feedingstuffs, and other activities as appropriate\nin the circumstances, including public communication on food and\nfeed safety and risks, in accordance Regulation\n178/2002.
\nReport: the\nCommission shall submit, by March 2012, a report to the European\nParliament and the Council on the appropriateness of the maximum\npermitted levels laid down in Annexes I and III, and on the\nappropriateness of maintaining a list of minor foodstuffs as laid\ndown in Annex II.
\nThat report shall in\nparticular examine the compliance of the maximum permitted levels\nwith the effective dose limit of 1 mSv/y for members of the public\nunder the conditions laid down in Directive 96/29 Euratom and\nconsider the possible inclusion of additional relevant radio\nnucleides in Annex I and III.
\nIn assessing the\nlevels, the report shall focus on the protection of the most\nvulnerable population groups, in particular children, and examine\nwhether it would be appropriate to set maximum permitted levels for\nall categories of population on that basis.
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nPURPOSE: to lay down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nPROPOSED ACT: Council Regulation (Euratom).
\nLEGAL BASE: Article 31 of the European Atomic Energy\nCommunity Treaty
\nIMPACT ASSESSMENT: no impact assessment was carried\nout.
\nCONTENT: the Commission initiated the codification of\nCouncil Regulation (Euratom) No 3954/87 laying down maximum\npermitted levels of radioactive contamination of foodstuffs and of\nfeedingstuffs following a nuclear accident or any other case of\nradiological emergency, Commission Regulation (Euratom) No 944/89\nand Commission Regulation (Euratom) No 770/90, and a relevant\nproposal was submitted to the legislative authority. The new\nRegulation was to have superseded the various acts incorporated in\nit.
\nIn the course of the legislative procedure, it was\nacknowledged that a provision appearing in the proposal for a\ncodified text provided for a reservation of implementing powers by\nthe Council which was not justified in the recitals of Regulation\n(Euratom) No 3954/87. In the light of the judgment of the Court of\nJustice of 6 May 2008 in Case C-133/06, it was considered necessary\nto insert a new recital in the new act replacing and repealing that\nRegulation in order to justify that reservation of implementing\npowers. Since the insertion of such a recital would imply a\nsubstantive change, and would therefore go beyond straightforward\ncodification, it was considered necessary that point 8 of the\nInterinstitutional Agreement of 20 December 1994 - Accelerated\nworking method for official codification of legislative texts - be\napplied, in the light of the Joint Declaration on that\npoint.
\nPursuant to Regulation (Euratom) No 3954/87, the\nCommission, after being informed of a nuclear accident or of any\nother case of radiological emergency which is likely to lead or has\nled to a significant radioactive contamination of foodstuffs and\nfeedingstuffs, is to immediately adopt, if the circumstances so\nrequire, a Regulation rendering applicable pre-established maximum\npermitted levels of radioactive contamination. The period of\nvalidity of such a Regulation is to be as short as possible and\nmust not exceed three months. Within one month of its adoption and\nafter consultation with experts, the Commission is to submit to the\nCouncil a proposal for a Regulation to adapt or confirm the\nprovisions of the Regulation previously adopted by the Commission,\nin particular the establishment of maximum permitted levels of\nradioactive contamination, based on Article 31 of the Euratom\nTreaty, in view of the need to protect the health of the\npopulation. Therefore, as a matter of urgency, it is appropriate\nfor the Council to reserve the right to exercise directly the power\nto adopt those adjusted measures within this short timeframe. This\nis, however, without prejudice to the possibility that, in the long\nterm after the nuclear accident or the radiological emergency,\nother legal instruments or another legal basis may be used for the\npurpose of controlling foodstuffs or feedingstuffs being placed on\nthe market, for which this reservation of implementing powers will\nnot apply. It is therefore appropriate to transform the\ncodification of Regulation (Euratom) No 3954/87, Regulation\n(Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a\nrecast in order to incorporate the necessary amendment.
\nFINANCIAL IMPLICATIONS: the proposal has no\nimplication for the Community budget.
\nPURPOSE: to lay down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nPROPOSED ACT: Council Regulation (Euratom).
\nLEGAL BASE: Article 31 of the European Atomic Energy\nCommunity Treaty
\nIMPACT ASSESSMENT: no impact assessment was carried\nout.
\nCONTENT: the Commission initiated the codification of\nCouncil Regulation (Euratom) No 3954/87 laying down maximum\npermitted levels of radioactive contamination of foodstuffs and of\nfeedingstuffs following a nuclear accident or any other case of\nradiological emergency, Commission Regulation (Euratom) No 944/89\nand Commission Regulation (Euratom) No 770/90, and a relevant\nproposal was submitted to the legislative authority. The new\nRegulation was to have superseded the various acts incorporated in\nit.
\nIn the course of the legislative procedure, it was\nacknowledged that a provision appearing in the proposal for a\ncodified text provided for a reservation of implementing powers by\nthe Council which was not justified in the recitals of Regulation\n(Euratom) No 3954/87. In the light of the judgment of the Court of\nJustice of 6 May 2008 in Case C-133/06, it was considered necessary\nto insert a new recital in the new act replacing and repealing that\nRegulation in order to justify that reservation of implementing\npowers. Since the insertion of such a recital would imply a\nsubstantive change, and would therefore go beyond straightforward\ncodification, it was considered necessary that point 8 of the\nInterinstitutional Agreement of 20 December 1994 - Accelerated\nworking method for official codification of legislative texts - be\napplied, in the light of the Joint Declaration on that\npoint.
\nPursuant to Regulation (Euratom) No 3954/87, the\nCommission, after being informed of a nuclear accident or of any\nother case of radiological emergency which is likely to lead or has\nled to a significant radioactive contamination of foodstuffs and\nfeedingstuffs, is to immediately adopt, if the circumstances so\nrequire, a Regulation rendering applicable pre-established maximum\npermitted levels of radioactive contamination. The period of\nvalidity of such a Regulation is to be as short as possible and\nmust not exceed three months. Within one month of its adoption and\nafter consultation with experts, the Commission is to submit to the\nCouncil a proposal for a Regulation to adapt or confirm the\nprovisions of the Regulation previously adopted by the Commission,\nin particular the establishment of maximum permitted levels of\nradioactive contamination, based on Article 31 of the Euratom\nTreaty, in view of the need to protect the health of the\npopulation. Therefore, as a matter of urgency, it is appropriate\nfor the Council to reserve the right to exercise directly the power\nto adopt those adjusted measures within this short timeframe. This\nis, however, without prejudice to the possibility that, in the long\nterm after the nuclear accident or the radiological emergency,\nother legal instruments or another legal basis may be used for the\npurpose of controlling foodstuffs or feedingstuffs being placed on\nthe market, for which this reservation of implementing powers will\nnot apply. It is therefore appropriate to transform the\ncodification of Regulation (Euratom) No 3954/87, Regulation\n(Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a\nrecast in order to incorporate the necessary amendment.
\nFINANCIAL IMPLICATIONS: the proposal has no\nimplication for the Community budget.
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nThe Committee on\nIndustry, Research and Energy adopted the report drafted by Ivo\nBELET (EPP, BE) amending, under a special legislative procedure\n(European Parliament consultation), the proposal for a Council\nregulation (Euratom) laying down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nAlthough this\nproposal is dealt with through the recasting technique, the\ncommittee proposes to substantially amend the proposal so as to\nensure the legal certainty and coherence of the text.
\nMembers propose\ndetailed amendments to the codified parts of the\nproposal:
\nLegal\nbasis: to ensure a high\nlevel of health protection for EU citizens in the event of\nradioactive contamination and to give democratic legitimacy to the\nadoption of this Regulation, the legal basis should be changed\nunder the new Lisbon Treaty to give the European Parliament a\ndecision-making role on a regulation potentially affecting public\nhealth. The proposal is to consider public health (Article 168) and\nconsumer protection (Article 169(1)).
\nSpecify\nthe Commission's role: Members wish to\nstreamline the procedure in case of nuclear emergency by clearly\ngiving a supervisory role to the Commission and clarifying the\nregime of its acts (adoption, revision). To this end, they suggest\nthat the Commission should be empowered to:
\n\n· \nimmediately apply the\nmaximum permitted levels of radioactive contamination as defined in\nthe Annexes;
\n\n· \nadopt 'delegated\nacts' to revise and supplement the levels of contamination and the\nlist of minor foodstuffs and feedingstuffs, to take due account of\nthe latest technical progress.
\nThe Commission shall\nbe assisted by a committee of independent scientific experts on\npublic health and food safety. The members of the committee shall\nbe selected according to scientific criteria.
\nThe Commission shall\nmake public the composition of the committee of experts and its\nmembers' declaration of interests.
\nLimit\nthe margins of manoeuvre given to Member States:\nMembers aim to serve the interest of the citizens through a better\nmanagement of the post-accident situation by limiting the\nintervention and margins of manoeuvre given to Member States. On\nthe one hand, since the procedure of 'confirmation' or 'adaptation'\nof the application of the maximum permitted levels by the Council\nseems unnecessary and a source of legal uncertainty, the report\nsuggests deleting this level of intervention. On the other hand,\nthe initiatives of Member States as regards the revision or\naddition to the levels of contamination, as well as rules for\nimplementing the regulation, are respectively streamlined through\ndelegated/implementing acts regime.
\nApplication: the\nreport stipulates that this Regulation shall also apply to\nfoodstuffs or feedingstuffs imported from third countries, in\ncustoms transit or intended for export. Member States shall monitor\ncompliance with the maximum permitted levels. For that purpose\nMember States shall maintain a system of official controls of\nfoodstuffs and feedingstuffs, and other activities as appropriate\nin the circumstances, including public communication on food and\nfeed safety and risks, in accordance Regulation\n178/2002.
\nReport: the\nCommission shall submit, by March 2012, a report to the European\nParliament and the Council on the appropriateness of the maximum\npermitted levels laid down in Annexes I and III, and on the\nappropriateness of maintaining a list of minor foodstuffs as laid\ndown in Annex II.
\nThat report shall in\nparticular examine the compliance of the maximum permitted levels\nwith the effective dose limit of 1 mSv/y for members of the public\nunder the conditions laid down in Directive 96/29 Euratom and\nconsider the possible inclusion of additional relevant radio\nnucleides in Annex I and III.
\nIn assessing the\nlevels, the report shall focus on the protection of the most\nvulnerable population groups, in particular children, and examine\nwhether it would be appropriate to set maximum permitted levels for\nall categories of population on that basis.
\nThe Committee on\nIndustry, Research and Energy adopted the report drafted by Ivo\nBELET (EPP, BE) amending, under a special legislative procedure\n(European Parliament consultation), the proposal for a Council\nregulation (Euratom) laying down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nAlthough this\nproposal is dealt with through the recasting technique, the\ncommittee proposes to substantially amend the proposal so as to\nensure the legal certainty and coherence of the text.
\nMembers propose\ndetailed amendments to the codified parts of the\nproposal:
\nLegal\nbasis: to ensure a high\nlevel of health protection for EU citizens in the event of\nradioactive contamination and to give democratic legitimacy to the\nadoption of this Regulation, the legal basis should be changed\nunder the new Lisbon Treaty to give the European Parliament a\ndecision-making role on a regulation potentially affecting public\nhealth. The proposal is to consider public health (Article 168) and\nconsumer protection (Article 169(1)).
\nSpecify\nthe Commission's role: Members wish to\nstreamline the procedure in case of nuclear emergency by clearly\ngiving a supervisory role to the Commission and clarifying the\nregime of its acts (adoption, revision). To this end, they suggest\nthat the Commission should be empowered to:
\n\n· \nimmediately apply the\nmaximum permitted levels of radioactive contamination as defined in\nthe Annexes;
\n\n· \nadopt 'delegated\nacts' to revise and supplement the levels of contamination and the\nlist of minor foodstuffs and feedingstuffs, to take due account of\nthe latest technical progress.
\nThe Commission shall\nbe assisted by a committee of independent scientific experts on\npublic health and food safety. The members of the committee shall\nbe selected according to scientific criteria.
\nThe Commission shall\nmake public the composition of the committee of experts and its\nmembers' declaration of interests.
\nLimit\nthe margins of manoeuvre given to Member States:\nMembers aim to serve the interest of the citizens through a better\nmanagement of the post-accident situation by limiting the\nintervention and margins of manoeuvre given to Member States. On\nthe one hand, since the procedure of 'confirmation' or 'adaptation'\nof the application of the maximum permitted levels by the Council\nseems unnecessary and a source of legal uncertainty, the report\nsuggests deleting this level of intervention. On the other hand,\nthe initiatives of Member States as regards the revision or\naddition to the levels of contamination, as well as rules for\nimplementing the regulation, are respectively streamlined through\ndelegated/implementing acts regime.
\nApplication: the\nreport stipulates that this Regulation shall also apply to\nfoodstuffs or feedingstuffs imported from third countries, in\ncustoms transit or intended for export. Member States shall monitor\ncompliance with the maximum permitted levels. For that purpose\nMember States shall maintain a system of official controls of\nfoodstuffs and feedingstuffs, and other activities as appropriate\nin the circumstances, including public communication on food and\nfeed safety and risks, in accordance Regulation\n178/2002.
\nReport: the\nCommission shall submit, by March 2012, a report to the European\nParliament and the Council on the appropriateness of the maximum\npermitted levels laid down in Annexes I and III, and on the\nappropriateness of maintaining a list of minor foodstuffs as laid\ndown in Annex II.
\nThat report shall in\nparticular examine the compliance of the maximum permitted levels\nwith the effective dose limit of 1 mSv/y for members of the public\nunder the conditions laid down in Directive 96/29 Euratom and\nconsider the possible inclusion of additional relevant radio\nnucleides in Annex I and III.
\nIn assessing the\nlevels, the report shall focus on the protection of the most\nvulnerable population groups, in particular children, and examine\nwhether it would be appropriate to set maximum permitted levels for\nall categories of population on that basis.
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
\nPURPOSE: to lay down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nPROPOSED ACT: Council Regulation (Euratom).
\nLEGAL BASE: Article 31 of the European Atomic Energy\nCommunity Treaty
\nIMPACT ASSESSMENT: no impact assessment was carried\nout.
\nCONTENT: the Commission initiated the codification of\nCouncil Regulation (Euratom) No 3954/87 laying down maximum\npermitted levels of radioactive contamination of foodstuffs and of\nfeedingstuffs following a nuclear accident or any other case of\nradiological emergency, Commission Regulation (Euratom) No 944/89\nand Commission Regulation (Euratom) No 770/90, and a relevant\nproposal was submitted to the legislative authority. The new\nRegulation was to have superseded the various acts incorporated in\nit.
\nIn the course of the legislative procedure, it was\nacknowledged that a provision appearing in the proposal for a\ncodified text provided for a reservation of implementing powers by\nthe Council which was not justified in the recitals of Regulation\n(Euratom) No 3954/87. In the light of the judgment of the Court of\nJustice of 6 May 2008 in Case C-133/06, it was considered necessary\nto insert a new recital in the new act replacing and repealing that\nRegulation in order to justify that reservation of implementing\npowers. Since the insertion of such a recital would imply a\nsubstantive change, and would therefore go beyond straightforward\ncodification, it was considered necessary that point 8 of the\nInterinstitutional Agreement of 20 December 1994 - Accelerated\nworking method for official codification of legislative texts - be\napplied, in the light of the Joint Declaration on that\npoint.
\nPursuant to Regulation (Euratom) No 3954/87, the\nCommission, after being informed of a nuclear accident or of any\nother case of radiological emergency which is likely to lead or has\nled to a significant radioactive contamination of foodstuffs and\nfeedingstuffs, is to immediately adopt, if the circumstances so\nrequire, a Regulation rendering applicable pre-established maximum\npermitted levels of radioactive contamination. The period of\nvalidity of such a Regulation is to be as short as possible and\nmust not exceed three months. Within one month of its adoption and\nafter consultation with experts, the Commission is to submit to the\nCouncil a proposal for a Regulation to adapt or confirm the\nprovisions of the Regulation previously adopted by the Commission,\nin particular the establishment of maximum permitted levels of\nradioactive contamination, based on Article 31 of the Euratom\nTreaty, in view of the need to protect the health of the\npopulation. Therefore, as a matter of urgency, it is appropriate\nfor the Council to reserve the right to exercise directly the power\nto adopt those adjusted measures within this short timeframe. This\nis, however, without prejudice to the possibility that, in the long\nterm after the nuclear accident or the radiological emergency,\nother legal instruments or another legal basis may be used for the\npurpose of controlling foodstuffs or feedingstuffs being placed on\nthe market, for which this reservation of implementing powers will\nnot apply. It is therefore appropriate to transform the\ncodification of Regulation (Euratom) No 3954/87, Regulation\n(Euratom) No 944/89 and Regulation (Euratom) No 770/90 into a\nrecast in order to incorporate the necessary amendment.
\nFINANCIAL IMPLICATIONS: the proposal has no\nimplication for the Community budget.
\nThe Committee on\nIndustry, Research and Energy adopted the report drafted by Ivo\nBELET (EPP, BE) amending, under a special legislative procedure\n(European Parliament consultation), the proposal for a Council\nregulation (Euratom) laying down maximum permitted levels of\nradioactive contamination of foodstuffs and of feedingstuffs\nfollowing a nuclear accident or any other case of radiological\nemergency (recast).
\nAlthough this\nproposal is dealt with through the recasting technique, the\ncommittee proposes to substantially amend the proposal so as to\nensure the legal certainty and coherence of the text.
\nMembers propose\ndetailed amendments to the codified parts of the\nproposal:
\nLegal\nbasis: to ensure a high\nlevel of health protection for EU citizens in the event of\nradioactive contamination and to give democratic legitimacy to the\nadoption of this Regulation, the legal basis should be changed\nunder the new Lisbon Treaty to give the European Parliament a\ndecision-making role on a regulation potentially affecting public\nhealth. The proposal is to consider public health (Article 168) and\nconsumer protection (Article 169(1)).
\nSpecify\nthe Commission's role: Members wish to\nstreamline the procedure in case of nuclear emergency by clearly\ngiving a supervisory role to the Commission and clarifying the\nregime of its acts (adoption, revision). To this end, they suggest\nthat the Commission should be empowered to:
\n\n· \nimmediately apply the\nmaximum permitted levels of radioactive contamination as defined in\nthe Annexes;
\n\n· \nadopt 'delegated\nacts' to revise and supplement the levels of contamination and the\nlist of minor foodstuffs and feedingstuffs, to take due account of\nthe latest technical progress.
\nThe Commission shall\nbe assisted by a committee of independent scientific experts on\npublic health and food safety. The members of the committee shall\nbe selected according to scientific criteria.
\nThe Commission shall\nmake public the composition of the committee of experts and its\nmembers' declaration of interests.
\nLimit\nthe margins of manoeuvre given to Member States:\nMembers aim to serve the interest of the citizens through a better\nmanagement of the post-accident situation by limiting the\nintervention and margins of manoeuvre given to Member States. On\nthe one hand, since the procedure of 'confirmation' or 'adaptation'\nof the application of the maximum permitted levels by the Council\nseems unnecessary and a source of legal uncertainty, the report\nsuggests deleting this level of intervention. On the other hand,\nthe initiatives of Member States as regards the revision or\naddition to the levels of contamination, as well as rules for\nimplementing the regulation, are respectively streamlined through\ndelegated/implementing acts regime.
\nApplication: the\nreport stipulates that this Regulation shall also apply to\nfoodstuffs or feedingstuffs imported from third countries, in\ncustoms transit or intended for export. Member States shall monitor\ncompliance with the maximum permitted levels. For that purpose\nMember States shall maintain a system of official controls of\nfoodstuffs and feedingstuffs, and other activities as appropriate\nin the circumstances, including public communication on food and\nfeed safety and risks, in accordance Regulation\n178/2002.
\nReport: the\nCommission shall submit, by March 2012, a report to the European\nParliament and the Council on the appropriateness of the maximum\npermitted levels laid down in Annexes I and III, and on the\nappropriateness of maintaining a list of minor foodstuffs as laid\ndown in Annex II.
\nThat report shall in\nparticular examine the compliance of the maximum permitted levels\nwith the effective dose limit of 1 mSv/y for members of the public\nunder the conditions laid down in Directive 96/29 Euratom and\nconsider the possible inclusion of additional relevant radio\nnucleides in Annex I and III.
\nIn assessing the\nlevels, the report shall focus on the protection of the most\nvulnerable population groups, in particular children, and examine\nwhether it would be appropriate to set maximum permitted levels for\nall categories of population on that basis.
\nThe European\nParliament adopted by 555 votes to 62, with 40 abstentions, a\nlegislative resolution on the proposal for a Council regulation\n(Euratom) laying down maximum permitted levels of radioactive\ncontamination of foodstuffs and of feedingstuffs following a\nnuclear accident or any other case of radiological emergency\n(recast).
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