No C 160/6 Official Journal of the European Communities 18.6.87 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Decision on a Community system of rapid exchange of information in 
cases of abnormal levels of radioactivity or of a nuclear accident 
COM(87) 135 final 
(Submitted by the Commission to the Council on 5 May 1987) 
(87/C 160/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Atomic Energy Community, and in particular Article 31 
thereof, 
Having regard to the proposal from the Commission, 
submitted after obtaining the opinion of the group of 
persons appointed by the Scientific and Technical 
Committee, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 2 (b) of the Treaty requires the 
Community to establish uniform safety standards to 
protect the health of workers and of the general public; 
Whereas on 2 February 1959 the Council adopted 
Directives (') laying down basic standards for the 
protection of the health of workers and the general 
public against the dangers arising from ionizing 
radiations, which were last amended by Directive 
80/836/Euratom (2) and Directive 84/467/Euratom (3); 
Whereas Article 45 (5) of Directive 80/836/Euratom 
already requires that any accident involving exposure of 
the population be notified as a matter of urgency, when 
the circumstances so require, to neighbouring Member 
States and to the Commission; 
Whereas Articles 35 and 36 of the Treaty already 
provide that Member States are to establish the facilities 
to carry out continuous monitoring of the level of radio­
activity in the air, water and soil and communicate such 
information to the Commission so that it is kept 
informed of the levels of radioactivity to which the 
public is exposed; Whereas Article 13 of Directive 80/836/Euratom 
requires Member States regularly to transmit to the 
Commission results of review on the exposure of the 
population and estimates on the genetic dose; 
Whereas Article 38 of the Treaty provides that in cases 
of urgency the Commission shall issue a Directive 
requiring the Member State to take all necessary 
measures to prevent infringement of the basic standards; 
Whereas following the accident at the nuclear power 
station at Chernobyl in the Soviet Union the 
Commission was informed by the Member States on the 
level of radioactivity measured in the environment; 
Whereas following this accident the Commission issued 
recommendation 86/156/EEC (4) and the Council 
adopted Regulations (EEC) No 1388/86 (5) and (EEC) 
No 1707/86 (b) setting levels for the radioactive contami­
nation of foodstuffs; 
Whereas in order to fulfill^ its tasks the Commission 
needs rapidly to receive all relevant information in an 
agreed format in the case of a nuclear accident or other 
event; 
Whereas some but not all Member States have already 
concluded bilateral treaties on mutual information, 
coordination and assistance in the case of nuclear 
accidents and whereas all Member States have pro­
visionally signed the Convention on Early Notification 
of a Nuclear Accident; 
(') OJ No 11, 20. 2. 1959, p. 221/59. 
O OJ No L 246, 17. 9. 1980, p. 1. 
(3) OJ No L 265, 5. 10. 1984, p. 4. (4) OJNoL 118,7. 5. 1986, p. 28. 
O OJNoL 127, 13. 5. 1986, p. 1. 
(6) OJ No L 146, 31. 5. 1986, p. 88. 
18. 6. 87 Official Journal of the European Communities No C 160/7 
Whereas these treaties and conventions do not 
necessarily ensure that all Member States are promptly 
informed in the case of a nuclear accident or other event 
or in cases where abnormal levels of radioactivity 
significant from the point of view of health protection or 
the environment are measured; 
Whereas the rapid dissemination of such information 
received by the Commission to all Member States would 
be a desirable and useful means to ensure that the 
standards for the protection of the population as laid 
down in the Directives made pursuant to Title Two, 
Chapter III of the Treaty are applied throughout the 
Community; 
Whereas the establishment of a Community system for 
rapid information would not affect the rights and 
obligations of Member States under bi- and multilateral 
treaties or conventions but would facilitate the task of a 
Member State to inform all other Member States; 
Whereas the Commission already receives under Articles 
37 and 42 of the Treaty information on nuclear activities 
and facilities of all Member States and is therefore 
encouraged to prepare the necessary background data to 
be transmitted in the event of an accident or other event; 
Whereas under Article 2 (h) of the Treaty the 
Community is to establish with other countries and inter­
national organizations such relations as will foster 
progress in the peaceful uses of nuclear energy; 
Whereas to that effect the Commission should parti­
cipate in efforts to strengthen cooperation in matters 
covered by this Decision with all neighbouring States, 
including the conclusion of consultation arrangements, 
and with all relevant international organizations, 
HAS ADOPTED THIS DECISION: 
Article 1 
Whenever a Member State takes or considers taking 
emergency measures in order to protect the public, either 
following the measurement of abnormal levels of radio­
activity in the environment, or following an accident or 
other event involving any facility or activity of a Member 
State or of persons or legal institutions on its territory 
from which a release of radioactive materials occurs or is 
likely to occur, the Member State shall notify to the 
Commission and the neighbouring Member States: 
(a) forthwith, the levels of radioactivity measured 
and/or the accident or event, its nature, the time of 
its occurence and exact location; 
(b) as soon as available, the information specified in 
Article 2. Article 2 
1. The information to be provided pursuant to Article 
1 (b) shall include the following: 
(a) the assumed or established cause and the foreseeable 
development of the nuclear accident relevant to the 
release of the radioactive materials; 
(b) the general characteristics of the radioactive release, 
including, as far as is practicable and appropriate, 
the nature, probable physical and chemical form and 
the quantity, composition and effective height of the 
radioactive release; 
(c) information on current and forecast meteorological 
and hydrological conditions, necessary for fore­
casting the dispersion of the radioactive release; 
(d) the results of environmental monitoring; 
(e) the results of measurements of foodstuffs, 
feedingstuffs and drinking water; 
(f) the protective measures taken or planned; 
(g) the measures taken, or planned, to inform the public; 
(h) the predicted behaviour over time of the radioactive 
release. 
2. The information shall be supplemented at appro­
priate intervals by further relevant information, including 
the development of the emergency situation and its 
foreseeable or actual termination. 
3. The Member State shall continue to inform the 
Commission at appropriate intervals of the levels of radio­
activity as laid down in paragraph 1 (d) and (e) for a 
period determined by the Commission. 
Article 3 
Any Member State, upon receipt of the information set 
out in Articles 1 and 2 shall: 
(a) promptly inform the Commission of the measures 
taken and recommendations issued following the 
receipt of such information; 
(b) inform the Commission, at appropriate intervals, of 
the levels of radioactivity measured by their 
monitoring facilities in foodstuffs, feedingstuffs, 
drinking water and the environment. 
No C 160/8 Official Journal of the European Communities 18. 6. 87 
Article 4 
1. Upon receipt of the information referred to in 
Articles 1, 2 and 3 the Commission shall immediately 
forward it to the competent authorities of all other 
Member States. Equally the Commission shall forward to 
all Member States any information it receives about 
significant increases in the level of radioactivity or about 
nuclear accidents in States adjacent to the Community. 
2. Detailed procedures for the transmission of the 
information referred to in Articles 1 to 4 shall be agreed 
by the Commission and the competent authorities of the 
Member States, and tested at regular intervals. 
3. Each Member State shall indicate to the 
Commission the competent national authorities and 
points of contact designated to forward or receive the 
information set out in Articles 1 to 4. The Commission 
shall in turn communicate this and details of the 
designated Commission service to the competent auth­
orities of the other Member States. 
4. Points of contact and the designated Commission 
service shall be available on a 24-hour basis. The 
Commission shall set up an emergency service for this 
purpose. 
Article 5 
Information received pursuant to Articles 1, 2 and 3 may 
be used without restrictions except when such infor­
mation is provided in confidence by the notifying 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas, under an agreement between the European 
Economic Community and the United States of America 
concerning the conclusion of the negotiations under 
Article XXIV (6) of the General Agreement on Tariffs 
and Trade (GATT), approved by Council Decision 
87/224/EEC (*), the Community undertook, in respect Member State. In this case, the Commission shall inform 
the competent authorities of the other Member States of 
any restrictions placed on the information. 
Article 6 
1. Member States shall communicate to the 
Commission the provisions containing the criteria and 
action plans relating to emergency situations referred to 
in Article 1. 
2. The Commission shall make appropriate 
recommendations for harmonizing the provisions 
applicable in this field in the Member States. 
Article 7 
The Commission shall evaluate the information received 
pursuant to Articles 1, 2 and 3 and shall report to the 
Member States on the radiological risks involved. 
Without prejudice to its powers under the Euratom 
Treaty the Commission may issue a recommendation 
laying down guidance for appropriate action by the 
Member States. 
Article 8 
Member States shall take the measures necessary to 
comply with this Decision within three months of its 
notification. 
Article 9 
This Decision is addressed to the Member States. 
of the years 1987 to 1990, to open annual quotas for 
imports into Spain of 2 million tonnes of maize and 
300 000 tonnes of sorghum, minus the quantities of 
certain grain substitutes imported into that country 
during the same year, either directly or indirectly; 
whereas the quantities of maize and sorghum imported 
must be used or processed in Spain; 
Whereas the implementation of the agreement referred 
to above can be contemplated either under a levy 
reduction system or by direct purchases on the world Proposal for a Council Regulation on special arrangements for imports of maize and sorghum 
into Spain for 1987 to 1990 
COM(87) 244 final 
(Submitted by the Commission to the Council on 25 May 1987) 
(87/C 160/08) 
(l) OJ No L 98, 10. 4. 1987, p. 1.