1987R3954 — EN — 02.01.1988 — 000.001 — 1
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►B COUNCILREGULATION(EURATOM)No3954/87
of22December 1987
layingdownmaximumpermittedlevelsofradioactivecontaminationoffoodstuffsandoffeeding-
stuffsfollowinganuclearaccidentoranyothercaseofradiological emergency
(OJ L 371, 30.12.1987, p. 11)
Corrected by:
►C1 Corrigendum, OJ L 18, 22.1.1988, p. 74 (3954/87)
▼B
COUNCILREGULATION(EURATOM)No3954/87
of22December 1987
laying down maximum permitted levels of radioactive contamina-
tion of foodstuffs and of feedingstuffs following a nuclear accident
oranyothercaseofradiological emergency
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic EnergyCommunity, and in particular Article 31 thereof,
Having regard to the proposal from the Commission, drawn up after
obtaining the opinion of a group of experts appointed by the Scientificand Technical Commitee (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas Article 2 (b) of the Treaty requires that the Council shall
establish uniform safety standards to protect the health of workers andof the general public and ensure that they are applied, as further set outin Title Two, Chapter III of the Treaty;
Whereas, on 2 February 1959, the Council adopted Directives (
4),
laying down basic safety standards the text of which was replaced bythat of Directive 80/836/Euratom (
5), as amended by Directive 84/467/
Euratom (6), and whereas Article 45 of that Directive requires Member
States to stipulate intervention levels in the event of accidents;
Whereas, following the accident at the Chernobyl nuclear power-station
on 26 April 1986, considerable quantities of radioactive materials werereleased into the atmosphere, contaminating foodstuffs and feeding-
stuffs in several European countries to levels significant from the
health point of view;
Whereas, the Community adopted measures (
7) to ensure that certain
agricultural products are only introduced into the Community according
to the common arrangements which safeguard the health of the popula-tion while maintaining the unified nature of the market and avoidingdeflections of trade;
Whereas the need arises to set up a system allowing the Community,
following a nuclear accidentor any ot her case of radiological emer-gency which is likely to lead or has led to a significant radioactivecontamination of foodstuffs and feedingstuffs, to fix maximumpermitted levels of radioactive contamination in order to protect the
population;
Whereas the Commission will be informed of a nuclear accident or of
unusually high levels of radioactivity according to the Council Deci-sion of 14 December 1987 on Community arrangements for the early
exchange of information in the event of radiological emergency (
8), or
under the Convention on Early Notification of a Nuclear Accident of26 September 1986;1987R3954 — EN — 02.01.1988 — 000.001 — 2
(1) OJ No C 174, 2. 7. 1987, p. 6.
(2) Opinion delivered on 16 December 1987 (notyetpublished in t he Official
Journal).
(3) OJ No C 180, 8. 7. 1987, p. 20.
(4) OJ No 11, 20. 2. 1959, p. 221/59.
(5) OJ No L 246, 17. 9. 1980, p. 1.
(6) OJ No L 265, 5. 10. 1984, p. 4.
(7) Council Regulations (EEC) No 1707/86, OJ No L 146, 31. 5. 1986, p. 88;
(EEC) No 3020/86, OJ No L 280, 1. 10. 1986, p. 79; (EEC) No 624/87, OJ
No L 58, 28. 2. 1987, p. 101; (EEC) No 3955/87, (See page 14 of the Offi-
cial Journal).
(8) See page 76 of the Official Journal.
▼B
Whereas the Commission will, if the circumstances so require, immedi-
ately adopt a Regulation rendering applicable pre-established maximumpermitted levels;
Whereas, on the basis of current data vailable in the field of radiation
protection, derived reference levels have been established and thesemay be used as a basis for the fixing of maximum permitted levels ofradioactive contamination to be applied immediately following anuclear accidentor any ot her case of radiological emergency which islikely to lead or has led to significant radioactive contamination of
foodstuffs and feedingstuffs;
Whereas such maximum permitted levels take due account of the latest
scientific advice as presently available on an international scale whilstreflecting the need for reassuring the public and avoiding divergencesin international regulatory practice;
Whereas, however, it is necessary to take due account of the particular
conditions applying and, therefore, to establish a procedure allowingthe rapid adaptation of these pre-established levels to maximum
permitted levels appropriate to the circumstances of any particular
nuclear accidentor any ot her case of radiological emergency which islikely to lead or has led to significant radioactive contamination offoodstuffs and feedingstuffs;
Whereas the adoption of a Regulation rendering applicable maximum
permitted levels would also maintain the unity of the Common Market
and avoid deflections of trade within the Community;
Whereas, in order to facilitate the adaptation of maximum permitted
levels, procedures should be provided for allowing the consultation ofexperts including the Group of Experts referred to in Article 31 of theTreaty;
Whereas compliance with the maximum permitted levels will have to
be the subject of appropriate checks,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down the procedure for determining the
maximum permitted levels of radioactive contamination of foodstuffs
and of feedingstuffs which may be placed on the market following a
nuclear accidentor any ot her case of radiological emergency which islikely to lead to or has led to significant radioactive contamination offoodstuffs and feedingstuffs.
2. For the purposes of this Regulation, ‘foodstuffs’ means products
which are intended for human consumption either immediately or afterprocessing and ‘feedingstuffs’ means products which are intended only
for animal nutrition.
Article 2
1. In the event of the Commission receiving — in particular
according to either the Community arrangements for the early
exchange of information in case of a radiological emergency or underthe►
C1IAEA Convention ◄of 26 September 1986 on early notifi-
cation of a nuclear accident — official information on accidents or onany other case of radiological emergency, substantiating that the
maximum permissible levels in the Annex are likely to be reached or
have been reached, it will immediately adopt, if the circumstances sorequire, a Regulation rendering applicable those maximum permissiblelevels.
2. The period of validity of any Regulation within the meaning of
paragraph 1 shall be as shortas possible and shall notexceed t hreemonths subject to the provisions of Article 3 (4).1987R3954 — EN — 02.01.1988 — 000.001 — 3
▼B
Article 3
1. After consultation with experts, which shall include the Article 31
Group of Experts, the Commission shall submit to the Council aproposal for a Regulation to adapt or confirm the provisions of theRegulation referred to in Article 2 (1) within one month of its adoption.
2. The Commission shall when submitting the proposal for a Regu-
lation referred to in paragraph 1 take into account the basic standardslaid down in accordance with Articles 30 to 31 of the Treaty includingthe principle that all exposures shall be kept as low as reasonablyachievable, taking the aspect of the protection of the health of thegeneral public and economic and social factors into account.
3. The Council shall, acting by a qualified majority, take a decision
on the proposal for a Regulation referred to in paragraphs 1 and 2within the time limit set out in Article 2 (2).
4. In the event that the Council does not decide within this time
limit, the levels set out in the Annex shall continue to apply until theCouncil does decide or until the Commission withdraws its proposalbecause the conditions set out in Article 2 (1) no longer apply.
Article 4
The period of validity of any Regulation within the meaning of Article
3 shall be limited. This period may be revised at the request of aMember State or on the initiative of the Commission in accordance
with the procedure laid down in Article 3.
Article 5
1. In order to ensure that the maximum permitted levels laid down
in the Annex take account of any new scientific data becoming avail-
able, the Commission shall from time to time, seek the opinion of
experts, which shall include the Article 31 Group of Experts.
2. At the request of a Member State or the Commission, the
maximum permitted levels laid down in the Annex 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 Article31 of the Treaty.
Article 6
1. Foodstuffs or feedingstuffs not in compliance with the maximum
permitted levels laid down in a Regulation adopted in accordance withArticles 2 or 3 shall not be placed on the market. For the purposes ofapplying this Regulation, foodstuffs or feedingstuffs imported fromthird countries shall be considered to be placed on the market if, on
the customs territory of the Community, they undergo a customs proce-
dure other than a transit procedure.
2. Each Member State shall provide the Commission with all infor-
mation 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 theother Member States.
Article 7
Rules for applying this Regulation and a list of minor foodstuffs
together with the maximum levels to be appliced thereto shall beadopted in accordance with the procedure laid down in Article 30 ofRegulation (EEC) No 804/68 (
1), which shall apply by analogy. To
this end an ad hoc Committee shall be set up.1987R3954 — EN — 02.01.1988 — 000.001 — 4
(1) OJ No L 148, 28. 6. 1968, p. 13.
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Article 8
This Regulation shall enter into force on the third day following that of
its publication in the Oficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1987R3954 — EN — 02.01.1988 — 000.001 — 5
▼B
ANNEX
MAXIMUMPERMITTEDLEVELSFORFOODSTUFFSANDFEEDINGSTUFFS
(Bq/kgorBq/l)
Baby
foods (1)Dairy
Produc-
e(2)(3)Other food-
stuffs except
minor food-
stuffs (4)Liquid food-
stuffs (5)Feeding-
stuffs (6)
Isotopes of strontium, notably
Sr-90125 750
Isotopes of iodine notably I-131 500 2 000
Alpha-emitting isotopes of
plutonium and transplutonium
elements, notably Pu-239, Am-
24120 80
All other nuclides of half-life
greater than 10 days, notably
Cs-134, Cs-137 (7)1 000 1 250
(1) Baby foods are defined as those foodstuffs intended for the feeding of infants during the first four to six months
of life, which meet, in themselves, the nutritional requirements of this category of person and are put up forretail sale in packages which are clearly identified and labelled ‘food preparation for infants’. Values to beestablished.
(
2) Dairy produce is defined as milk falling within headings Nos 04.01 and 04.02 of the Common Customs Tariff,
and the corresponding headings of the combined nomenclature as from 1 January 1988.
(3) The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted
productas ready for consumpt ion.
(4) Minor foodstuffs and the corresponding levels to be applied to them will be as defined in accordance with
Article 7.
(5) Liquid foodstuffs as defined by Chapters 20 and 22 of the Common Customs Tariff and by the corresponding
Chapter of the combined nomenclature as from 1 January 1988. Values are calculated taking into account
consumption of tap-water and the same values should be applied to drinking water supplies at the discretion ofcompetent authorities in Member States. Values for liquid foodstuffs to be established.
(
6) Values to be established.
(7) Carbon 14 and tritium are not included in this group.1987R3954 — EN — 02.01.1988 — 000.001 — 6