COMMON POSITION (EC) No 47/97 adopted by the Council on 27 October 1997 with a view to adopting Directive 97/. . ./EC of the European Parliament and of the Council of . . . on the establishment of a Community list of foods and food ingredients treated with ionizing radiation (97/C 389/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),

Whereas Article 4 (1) and (2) of Directive 97/. . ./EC of the European Parliament and of the Council of . . . on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionizing radiation (4) hereinafter referred to as the 'framework Directive` provides for the adoption of a list of foods and food ingredients which, to the exclusion of all other, may be treated with ionizing radiation; whereas this list shall be established in stages;

Whereas dried aromatic herbs, spices and vegetable seasonings are frequently contaminated and/or infested with organisms and their metabolites which are harmful to public health;

Whereas such contamination and/or infestation can no longer be treated with fumigants such as ethylene oxide because of the toxic potential of their residues;

Whereas the use of ionizing radiation is an effective means of replacing the said substances;

Whereas such treatment has been accepted by the Scientific Committee for Food;

Whereas such treatment is therefore in the interest of public health protection,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. Without prejudice to the final positive list to be established in accordance with the second subparagraph of Article 4 (3) of the framework Directive, this Directive establishes a Community initial positive list of food and food ingredients, hereinafter referred to as 'foodstuffs`, that may be treated with ionizing radiation, together with the maximum doses authorized for the intended purpose.

2. Treatment of the products in question with ionizing radiation may be carried out only in accordance with the provisions of the framework Directive.

3. The foodstuffs that may be treated with ionizing radiation and the maximum overall average dose that may be imparted are listed in the Annex.

Article 2

Member States may not prohibit, restrict or hinder the marketing of foodstuffs irradiated in accordance with the general provisions of the framework Directive and the provisions of this Directive on the grounds that they have been so treated.

Article 3

Any amendments to this Directive, shall be made in accordance with the procedures laid down in Article 100a of the Treaty.

Article 4

Member States shall bring into force their laws, regulations and administrative provisions to comply with this Directive in such a way as to permit the marketing and use of irradiated foodstuffs which comply with this Directive by [. . .] (5*).

They shall inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 5

This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

Article 6

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ C 336, 30. 12. 1988, p. 7 and OJ C 303, 2. 12. 1989, p. 15.

(2) OJ C 194, 31. 7. 1989, p. 14.

(3) Opinion of the European Parliament of 11 October 1989 (OJ C 291, 20. 11. 1989, p. 58), Council Common Position of 27 October 1997 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) See page 36 of this Official Journal.

(5*) 18 months after the entry into force of this Directive.

ANNEX

Foodstuffs authorized for irradiation treatment and maximum radiation doses

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TABLE POSITION>

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 9 December 1988 the Commission submitted to the Council a proposal for a Directive of the European Parliament and of the Council, based on Article 100a of the EC Treaty, on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionizing radiation (1).

2. Further to the first-reading opinion of the European Parliament, delivered on 11 October 1989 (2), the Commission submitted an amended proposal (3) to the Council. Following the entry into force of the Treaty on European Union, on 2 December 1993 that opinion was confirmed by the European Parliament as a first-reading opinion (4).

3. The Economic and Social Committee delivered its opinion on 31 May 1989 (5).

4. On 27 October 1997 the Council adopted a common position on the amended proposal in accordance with Article 189b of the Treaty.

II. PURPOSE

5. The purpose of the proposal is to introduce procedures which apply to the manufacture, marketing and importation of foods and food ingredients treated with ionizing radiation.

As some Member States currently authorize the irradiation of foods and food ingredients whilst others prohibit it, the purpose of the Directive is to establish an initial positive Community list of products that may be treated with ionizing radiation; the list will be supplemented in stages so that the internal market in that area can be established gradually.

III. ANALYSIS OF THE COMMON POSITION

A. GENERAL REMARKS

6. Broadly speaking, the text underwent substantial amendment during the discussion, with the Commission proposal being split into two parts, resulting in two common positions, providing for the simultaneous adoption of:

- a framework Directive laying down general provisions, on the one hand, and

- an implementing Directive establishing, without prejudice to the definitive positive list, an initial positive list of foods and food ingredients that may be treated with ionizing radiation, on the other.

The common position on the implementing Directive provides for the establishment of an initial positive list of foodstuffs that may be treated with ionizing radiation. That list is limited to dried aromatic herbs, spices and vegetable seasonings.

7. Having regard to the amended Commission proposal, the Council departed from the Commission's position:

- on the one hand, by envisaging another context, namely an implementing Directive, for Annex I,

- on the other hand, by going further than the Commission in accepting the principle of European Parliament amendment 33 relating to that Annex.

Furthermore, it should be pointed out that Article 3 (3) of the amended proposal has become Article 3 of the implementing Directive.

The amendments made by the Council to the amended proposal were accepted by the Commission. For the specific remarks, see the statement of reasons concerning the common position on the framework Directive, in particular points III.B (8) and (9).

(1) OJ C 336, 31. 12. 1988, p. 7.

(2) OJ C 291, 20. 11. 1989, p. 58.

(3) OJ C 303, 2. 12. 1989, p. 15.

(4) OJ C 342, 20. 12. 1993, p. 33.

(5) OJ C 194, 31. 7. 1989, p. 14.