No C 214/32 Official Journal of the European Communities 16. 8. 88 
same time as the abovementioned Regulation, provides for 
the adoption of specific rules governing the export of 
foodstuffs; 
Whereas after a nuclear accident or in any other case of 
radiological emergency it is not ethically acceptable to 
allow products with contamination levels in excess of the 
maximum permitted levels relating to products for 
domestic consumption to be exported to third countries; 
whereas in such special circumstances it is difficult in 
practical terms to treat products differently depending on 
their final destination; 
Whereas the provisions concerning exports should also 
relate to feedingstuffs since these products are covered by 
Regulation (Euratom) No 3954/87 for reasons of public 
health; 
Whereas it is therefore appropriate to define specific 
conditions for exporting foodstuffs and feedingstuffs after 
a nuclear accident or any other case of radiological 
emergency and to apply to such products the maximum 
permitted levels of radioactive contamination laid down in 
the abovementioned Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. This Regulation lays down the conditions for export­
ing foodstuffs and feedingstuffs after a nuclear accident or 
any other radiological situation involving the risk of 
serious radioactive contamination of foodstuffs. 
2. For the purposes of this Regulation, 'foodstuffs' means 
products which are intended for human consumption 
either immediately or after processing, and 'feedingstuffs' 
means products which are intended only for animal 
nutrition. Article 2 
Foodstuffs and feedingstuffs in which the level of 
radioactive contamination exceeds the relevant maximum 
permitted levels laid down in Articles 2 and 3 of Regulation 
(Euratom) No 3954/87 may not be exported. 
Article 3 
The Member States shall carry out checks to ensure that the 
maximum permitted levels referred to in Article 2 are 
observed. 
Article 4 
Each Member State shall communicate to the Commission 
the fullest information on the application of this Regu­
lation, and in particular on any cases where the maximum 
permitted levels have been exceeded. The Commission 
shall forward this information to the other Member States. 
Article 5 
The rules of application for this Regulation shall be laid 
down by the Commission in accordance with the procedure 
defined in Article 7 of Regulation (Euratom) No 3954/87. 
To this end an ad hoc Committee shall be set up. 
Article 6 
This Regulation shall enter into force on the third day after 
its publication in the Official Journal of the European 
Communities. 
This Regulation is binding in its entirety and directly 
applicable in all Member States. 
Proposal for a Council resolution on the fight against racism and xenophobia 
COM(88) 318 final 
(Submitted by the Commission on 29 June V. 
(88/C 214/12) 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL ON THE FIGHT AGAINST 
RACISM AND XENOPHOBIA 
1. The fight against racism and xenophobia forms part of the general question of protecting fundamental 
rights, which is one of the main aspects of identity and the movement towards integration in the Community (]). 
(]) Cf. in particular the joint declaration on the protection of fundamental rights in the European Community 
(OJ No C 103, 7. 4. 1977). 
16. 8. 88 Official Journal of the European Communities No C 214/33 
In this connection, the preamble to the Single European Act affirms the determination of the Member States to 
'work together to promote democracy on the basis of the fundamental rights recognized in the constitutions and 
laws of the Member States, in the Convention for the Protection of Human Rights and Fundamental Freedoms 
and the European Social Charter, notably freedom, equality and social justice' and the responsibility incumbent 
upon Europe 'in particular to display the principles of democracy and compliance with the law and with human 
rights to which they are attached'. 
2. At a time when instances of hostility towards foreign workers are being recorded, action has been stepped 
up at Community level to achieve social equality. Examples of this are: 
— the communication from the Commission to the Council of 29 March 1984 concerning the implementation 
of a Mediterranean policy for the enlarged Community (]), 
— the communication from the Commission to the Council of 1 March 1985 on guidelines for a Community 
policy on migration (2) and the subsequent resolutions of the European Parliament of 9 May 1985 (3) and 
the Council of 16 July 1985 (4), 
— the Resolution of the European Parliament of 16 January 1986 (5) on the rise of racism and fascism in 
Europe, calling on 'the Commission, the Council, the other Community institutions, the parliamentary 
committees, the Bureau of the European Parliament, and the governments and parliaments of the Member 
States, to take the measures necessary to put into practice the recommendations contained in the committee 
of inquiry's report on that subject', 
— the inter-institutional declaration against racism and xenophobia of 11 June 1986 (6), in which the 
European Parliament, the Council, the representatives of the Member States, meeting within the Council, 
and the Commission looked upon it as 'indispensable that all necessary steps be taken to guarantee that this 
joint resolve is carried through' (to protect the individuality and dignity of every member of society and to 
reject any form of segregation of foreigners). 
3. All the legal systems of the Member States of the Community certainly proclaim that all citizens are equal 
and that fundamental rights are protected. For some years now, several Member States have had legislation 
which punishes written and spoken words and acts of a racist nature and grants associations engaged in the fight 
against racism the right to institute a civil action or even lodge a complaint in court in the event of 
discrimination. These legislative provisions, which the public authorities must apply without faltering 
(initiation of public action by the court itself), must be encouraged and improved, for example by means of a 
more restrictive definition of the concept of 'legitimate grounds' which sometimes serves to conceal the real 
reasons for a refusal to provide goods, employment or services, an increase in the number of legal persons able 
to bring civil proceedings, and closer harmonization with the provisions protecting the freedom of the press. 
Finally, the provisions in force could usefully be complemented by mediation structures, already set up in some 
Member States, particularly in areas where tensions run high. The involvement of associations fighting 
discrimination based on racist attitudes or xenophobia is particularly desirable in this connection in view of 
their flexible approach enabling rapid and effective action to be taken in the search for solutions to conflict 
situations. Mediation should play its part particularly in the field of employment and housing conditions, which 
are of major importance from the point of view of the integration of foreign communities and have direct effects 
in terms of health, income and education. 
4. However, it is obvious that repression alone cannot overcome all forms of racism and xenophobia. In 
addition to legal or institutional action as such, encouragement should be given to specific policies seeking 
among other things to develop communication between communities. 
Xenophobia and racist attitudes are fed by ignorance of other people and a lack of understanding of different 
cultures. They also stem from the unsuitability of education and training structures. 
The Commission is convinced that information and communication structures should be developed and more 
done with regard to education and training. 
5. On the question of information, the following measures should be pursued or stepped up: 
(!) COM(84) 107 final of 29 March 1984. 
(2) COM(85) 48 final of 1 March 1985. 
(3) OJ No C 141, 10. 6. 1985. 
(4) OJ No C 186, 26. 7. 1985. 
(5) OJ No C 36, 17. 2. 1986. 
(6) OJ No C 158, 25. 6. 1986. 
No C 214/34 Official Journal of the European Communities 16. 8. 88 
— comparative assessment of the legal instruments implemented in the various Member States to punish acts 
and spoken or written words of a racist or xenophobic nature, 
— publication of texts (posting of laws and of the inter-institutional Declaration in public places, such as town 
halls, police stations, schools, post offices, etc.) and court judgments, with the aim of both education and 
dissuading, 
— demoscopic studies (Eurobarometer) on the perception of democratic values and on the state of relations 
between the various communities living in Europe, studies on the difficulties encountered and policies 
implemented in a number of urban centres with large immigrant populations, 
— drawing the attention of those responsible for providing information to the importance of the role that they 
can play in eliminating racial prejudice and promoting harmonious relations between the communities 
living in Europe; encouraging a debate on the ethics of information in the face of instances of violence, 
particularly of a racial nature, 
— production of a report every three years assessing the position as regards the integration of migrant 
communities within society, 
— promotion of the organisation of migrants' associations at Community level so as to facilitate the dialogue 
between the migrant Community and the Community institutions. 
6. On the question of developing education and training measures, various types of measures should be given 
priority: 
— improving the training of public servants coming into contact with immigrants (training courses to increase 
their awareness) and of teachers, particularly in areas with a large immigrant population, in order to 
introduce them to or perfect their knowledge of teaching methods adapted to children and adolescents from 
different communities, 
— promoting the teaching of the languages and cultures of origin, 
— promoting a European dimension in education, which can only develop civic mindedness and the values of 
pluralism and tolerance among young Europeans; the means used to promote this European dimension 
should remain flexible and suited to the specific situation of each Member State, 
— extending international exchange programmes for young people as a means of promoting tolerance and 
understanding, 
— developing and extending current cooperation aimed at improving the education of migrant workers' 
children. 
16. 8. 88 Official Journal of the European Communities No C 214/35 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to the draft resolution presented by the 
Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas the fight against racism and xenopobia forms part 
of the general question of protecting fundamental rights, 
which is one of the main aspects of identity and the 
movement towards integration in the Community; 
whereas the joint declaration of 5 April 1977 bears witness 
to the prime importance that the Community institutions 
attach to respect for fundamental rights (!); 
Whereas, in the Single Act (2), the Member States stressed 
the need to 'work together to promote democracy on the 
basis of the fundamental rights recognized in the consti­
tutions and laws of the Member States, in the Convention 
for the Protection of Human Rights and Fundamental 
Freedoms and in the European Social Charter, notably 
freedom, equality and social justice'; 
Whereas, in its resolution of 7 July 1985 concerning 
guidelines for a Community policy on migration (3), the 
Council stressed that 'with a view to the harmonious 
coexistence of nationals of the Member States and migrant 
workers and their families, initiatives should be developed 
at Community, Member State and local level to inform and 
to promote awareness'; 
Whereas, in its resolution of 16 January 1986, the 
European Parliament, noting the recommendations con­
tained in the Committee of Enquiry's report on the rise of 
racism and fascism in Europe, called on 'the Commission, 
the Council, the other Community institutions, the 
parliamentary committees, the Bureau of the European 
Parliament and the governments and parliaments of the 
Member States to take the measure necessary to put them 
into practice' (4); 
Whereas, on 11 June 1986, the European Parliament, the 
Council, the representatives of the Member States, meeting 
within the Council, and the Commission, recognizing 'the 
growth of xenophobic attitudes, movements and acts of 
violence in the Community which are often directed against 
immigrants', adopted a declaration against racism and 
xenophobia expressing their determination to pursue the 
(!) OJ No C 103, 7. 4. 1977. 
(2) OJ No L 169, 29. 7. 1987, p. 1. 
(3) OJ No C 186, 26. 7. 1985, p. 3. 
(4) OJ No C 36, 17. 2. 1986, p. 142. endeavours already made 'to protect the individuality and 
dignity of every member of society and to reject any form of 
segregation of foreigners' (5); 
Whereas the rise in racism and xenophobia also forms an 
obstacle to the free movement of persons within the 
Community; 
Whereas any measure taken in this connection must protect 
all persons on Community territory, whether they are 
nationals of Member States or of non-member countries, 
foreigners in a Member State or nationals who are 
perceived or who perceive themselves as belonging to a 
foreign minority, 
HEREBY ADOPTS THIS RESOLUTION: 
1. The Council takes note of the Commission's com­
munication on racism and xenophobia in the Community. 
2. It recognizes that the following legislative or insti­
tutional measures would help to counter acts inspired by 
racism and xenophobia: 
— ratification, by those States which have not yet done so, 
of international instruments contributing directly or 
indirectly to the fight against all forms of racial 
discrimination, 
— recognition, by those Member States which have not yet 
done so, of the individual applications referred to in 
Article 25 of the European Convention for the 
Protection of Human Rights and Fundamental Free­
doms and Article 14 of the International Convention on 
the elimination of all forms of racial discrimination; 
ratification of the optional protocol relating to the 
International Covenant on civil and political rights, 
— the preparation, by States which have not yet done so, 
and rigorous application of laws aimed at preventing or 
punishing discrimination or xenophobic acts, 
— the setting-up of bodies responsible for coordinating at 
national, regional or local level efforts to harmonize 
relations between the different communities, protect 
victims and prevent instances of racial discrimination, 
— the establishment of conciliation procedures before 
specialist bodies for the settlement of racial or 
xenophobic conflicts, 
— the granting to the bodies concerned of the right to bring 
civil proceedings, 
— the development, in conjunction with migrants' associa­
tions, of free legal aid to enable migrants to defend their 
rights. 
(5) OJ No C 158, 25. 1. 1986, p. 1. 
No C 214/36 Official Journal of the European Communities 16. 8. 88 
3. The Council considers that the fight against racism and 
xenophobia requires the urgent introduction of a prevent­
ive education and information policy to promote inter-
cultural understanding and a clear and objective apprecia­
tion of the situation of migrant workers. To this end, the 
following measures should be carried out at Community, 
national or local level. 
In the field of information 
NOTES THAT THE COMMISSION: 
— will make a comparative assessment of the legal 
instruments implemented in the various Member States 
to combat all forms of discrimination, racism and 
xenophobia and incitement to hatred and racial 
violence; will improve the discrimination of infor­
mation on these legal instruments (particularly at the 
points of entry into the Member States), 
— will promote demoscopic studies (Eurobarometer, a 
survey already being in progress on the perception of 
democratic values and on the state of relations between 
the various communities living in Europe, as well as 
studies on the difficulties encountered and pilot projects 
implemented in a number of urban centres with large 
immigrant populations, 
— will promote the organization of migrants' associations 
at Community level so as to facilitate the dialogue 
between the migrant community and the Community 
institutions, 
INVITES THE. MEMBER STATES IN COLLABORATION 
WITH THE COMMISSION TO: 
— draw the attention of those responsible for providing 
information to the importance of the role that they can 
play in eliminating racial prejudice and promoting 
harmonious relations between the communities living in 
Europe; encourage a debate on the ethics of information 
in the face of instances of violence, particularly of a 
racial nature, — produce a report every three years assessing the position 
as regards the integration of migrant communities, 
In the field of education, the Council 
NOTES THAT THE COMMISSION WILL TAKE THE NECES­
SARY ACTION TO: 
— promote a European dimension in education; this 
European dimension can only develop civic-mindedness 
and the values of pluralism and tolerance among young 
Europeans; the means used to promote it should remain 
flexible and suited to the specific situation of each 
Member State, 
— extend international exchange programmes for young 
people as a means of promoting tolerance and 
understanding, 
— develop and extend current cooperation aimed at 
improving the education of migrant workers' children, 
INVITES THE MEMBER STATES IN COLLABORATION 
WITH THE COMMISSION TO: 
— promote the civic and professional training of teachers, 
particularly in areas with a large immigrant population, 
in order to introduce them to, or perfect their 
knowledge of, teaching methods adapted to children 
and adolescents from different communities, 
— promote the teaching of the languages and cultures of 
origin; this intercultural approach should be presented 
as being beneficial for all pupils and forming the basis of 
a European intercultural education. 
4. The Council notes the Commission's intention to 
submit a report on the application of this resolution within 
a period of three years from the date of its adoption, having 
assembled the necessary information from the Member 
States.