16. 8. 88 Official Journal of the European Communities No C 214/31 
financial, which might influence their judgment or the results of the inspection, especially from persons or 
groups of persons with an interest in the result of verifications. 
3. The inspection body shall have at its disposal the necessary staff and possess the necessary facilities to enable 
it to perform properly the administrative and technical tasks connected with verification; it shall also have 
access to the equipment required for special verification. 
4. The staff responsible for inspection shall have: 
— sound technical and professional training, 
— satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such 
tests, 
— the ability to draw up the certificates, records and reports required to authenticate the performance of 
the tests. 
5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number 
of tests carried out or on the results of such tests. 
6. The inspection body shall take out liability insurance unless its liability is assumed by the State in 
accordance with national law, or the Member State itself is directly responsible for the tests. 
7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all 
information gained in carrying out its tasks (except vis-a-vis the competent administrative authorities of the 
State in which its activities are carried out) under this Directive or any provision of national law giving effect 
to it.' 
Proposal for a Council Regulation (EEC) on the special conditions for exporting foodstuffs and 
feedingstuffs following a nuclear accident or any other case of radiological emergency 
COM(88) 295 final 
(Submitted by the Commission on 27 June 1988) 
(88/C 214/11) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Whereas the Commission must be informed of any nuclear 
accident or unusually high levels of radioactivity in 
accordance with Council Decision 87/600/Euratom of 
14 December 1987 on Community arrangements for the 
early exchange of information in the event of a radiological 
emergency (!), or pursuant to the Convention of 26 Sep­
tember 1986 on the rapid notification of nuclear accidents; Whereas on 22 December 1987 the Council adopted 
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 (2); 
Whereas the maximum permitted levels take due account 
of the most recent international scientific opinion while still 
reflecting the need to reassure the population and to avoid 
any discrepancies in international regulations; 
Whereas the resolution of the Council and the representa­
tives of the governments of the Member States meeting 
within the Council of 22 December 1987, adopted at the 
(!) OJ No L 371, 30. 12. 1987, p. 76. (2) OJ No L 371, 30. 12. 1987, p. 11. 
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).