Opinion of the Commission pursuant to Article 189B(2)(d) of the EC Treaty, on the European Parliament's amendments to the common positions adopted by the Council on: - 1. the proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation; and - 2. the proposal for a European Parliament and Council Directive on the establishment of a Community list of foods and food ingredients treated with ionising radiation
Date: 1998-03-19
Institutions: European Commission
Subjects: approximation of laws, consumer protection, food processing, foodstuff, radioactivity

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.03.1998 
COM(1998) 188 final -  COD 169 

OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the common positions adopted by the Council on: 

the  proposal  for  a  European  Parliament  and  Council  Directive  on  the 
approximation  of  the  laws  of  the  Member  States  concerning  foods  and  food 
ingredients treated with ionising radiation;  and 

the  proposal  for  a  European  Parliament  and  Council  Directive  on  the 
establishment  of  a  Community  list  of  foods  and  food  ingredients  treated  with 
ionising radiation. 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

EXPLANATORY  MEMORANDUM 

1. 

BACKGROUND 

The objectives of these proposals, based on Article  100a, are: 

- 

- 

- 

- 

the  conditions 

to  lay  down  the  rules  to  be  observed  by  irradiation  units  (standards,  inspections, 
records, radiation sources, etc.); 
to  define 
wholesomeness of food, reasonable need for treatment); 
to  establish  procedures  for  authorisation  of treatment  with  ionising  radiation  and  the 
marketing  and  import  of  foods  treated  (doses  and  sources  of  radiation,  inspections, 
labelling, etc.) and 
to establish a Community list of foods authorised for such treatment. 

for  authorising 

irradiation 

(purposes, 

foodstuff 

The Commission submitted its proposal to the Council on 9 December 1988. 

The ESC gave its opinion on 31 May 1989. 

On first reading (10 October  1989) Parliament proposed banning the treatment for ten of 
the  eleven  product  categories  proposed  by  the  Commission  and  accepted  it  for  dried 
aromatic herbs, spices and vegetable seasonings only. 

Amongst  other  changes, the  amended  Commission  proposal  (COM(89)576 final -  SYN 
169) limited the number of categories of foodstuff  authorised  for  irradiation treatment to 
eight.  It  restricted  irradiation  to  cases  where  there  were  clear  benefits  for  controlling 
pathogenic microorganisms  in food  (public health) and insects harmful  to dried fruit  and 
vegetables. 

The common position was adopted on 27 October  1997 and consisted of two texts since, 
in 1992, the Council had split the Commission proposal into two parts: 

- 

the framework Directive  on the general and technical  aspects which broadly  satisfied 
Parliament on labelling and decisions to authorise products; and 

- 

the implementing Directive on the list of foods treated. 

This  list  contained  only  a  single  category  of  foodstuff  authorised  for  irradiation 
treatment - dried  aromatic  herbs,  spices  and  vegetable  seasonings,,  as  proposed  by 
Parliament. 

The Commission accepted these texts, even though they only partly met the objectives of 
its 1988 proposal. 

Five  of  the  amendments  proposed  by  Parliament  on  first  reading  were  included  in  the 
Commission's  amended  proposal  and  two  of  them  were  finally  incorporated  in  the 
Council's  common  position,  which,  in  turn,  restored  six  of  Parliament's  amendments 
which had been rejected by the Commission. 

2-

2. 

EUROPEAN PARLIAMENTS POSITION 

On  second  reading  (17  February  1998)  Parliament's  Committee  on  the  Environment, 
Public Health and Consumer Protection proposed 25 amendments, three of which were to 
the  implementing  Directive.  Eight  more  were  submitted  subsequently  but  considered 
inadmissible. 

The  plenary  session  adopted  just  14  amendments,  three  of  them  to  the  implementing 
Directive, aiming at: 

-  clarifying  the text and making it more specific  (amendments  1, 2, 7,  11 (first  part), 12 

and 23 (first part)); 

- 

- 

involving  Parliament,  even  in  the  arrangements  for  consultation  of  the  Scientific 
Committee for Food (amendments 6 and 18); 

imposing  in the  legislation  purely  technical  requirements,  e.g.  specific  analytical  test 
procedures  for  detection  of  food  treated  with  ionising  radiation  (amendments  9,  11 
(second part) and, in the implementing Directive, 23 (second part), 24 and 25); 

- 

removing the possibility for the Commission to take decisions in the light of  safeguard 
measures adopted by the Member States (amendments 8 and 19); 

-  halving  the  grace  period  for  prohibition  of  irradiated  foodstuffs  not  complying  with 

the Directive (amendment 20). 

3. 

COMMISSION OPINION 

(a) 

The Commission can accept: 

-  Amendment  1, because it reflects consumers' concerns more closely; 

-  Amendments 2,11 (first part), 12 and 23 (first part) which clarify  the text and define  it 

more closely; 

-  Amendment 7 which adds to the recital reasons substantiating Annex I. 

For these reasons, as provided for by Article  189a of the EC Treaty, the Commission  has 
decided to amend its proposal to incorporate these amendments. 

(b) 

By contrast, the Commission cannot accept: 

-  Amendments  6  and  18 imposing  an  obligation  for  Parliament  to  be  involved  in  the 
arrangements  concerning  the  Commission's  obligation  to  consult  the  Scientific 
Committee. 

The  obligation  to  consult  the  Scientific  Committee  must  not  be  confused  with  the 
procedure for adoption of provisions for which Parliament is responsible together with 
the  Council.  This  amendment  is  unnecessary,  given  that  the  Directive  is  based  on 
Article  100a of the Treaty. 

3-

Amendments  8 and  19 concerning the Commission's powers in response to  safeguard 
measures. 

Amendments  to the  Directive  in response  to  safeguard  measures  must  be  adopted  as 
soon as possible to protect public health and to avoid creating obstacles to operation of 
the  single  market.  These  objectives  could  not  be  met  if  the  regulatory  committee 
procedure were replaced by the Article  100a procedure. 

Amendments  9,  24, 25 and  the  second  part  of amendments  11 and  23 which  impose 
specific  analytical test procedures in the legislation. 

The  general  aspects  of  inspections  are  covered  by  the  horizontal  Directive  on  the 
official  control of foodstuffs.  This imposes no specific  analytical  methods because  it 
is inappropriate to bind legislation to technical performance,  which is often  overtaken 
by events.  Moreover, the follow-up  Directive on additional  measures  concerning  the 
official  control of foodstuffs  places an obligation on accredited laboratories to comply 
with standard EN 45001, which entails use of validated methods. 

Amendment  20, which halves the grace period for prohibition of irradiated  foodstuffs 
not complying with the Directive to 12 months. 

Since  18  months  are  allowed  for  incorporation  of  the  Directive  into  national 
legislation,  it  is completely  appropriate  to  allow  at  least  a  further  six  months  before 
prohibiting products not complying. 

-4 

AMENDED  PROPOSAL 

for a European Parliament and Council Directive 

on the approximation of the laws of the Member States concerning 

foods and food ingredients treated with ionising radiation 

Common position 

Amended proposal 

"(4)  Whereas in several Member States  ... 
consumers can be very concerned about the 
consequences  of 
food 
irradiation;" 

the  use  of 

"(4)  Whereas  in  several  Member  States  ... 
consumers  may  have  cause  for  concern 
about  the  consequences  of  the  use  of  food 
irradiation:" 

"(5)  Whereas, until  the entry  into force  of  "(5)  Whereas, until the entry  into  force  of 
the  Community  positive  list  of  foodstuffs 
the final positive list of foodstuffs  ..." 

"(13)  Whereas  foodstuffs  may  only  be  "(13)  Whereas  foodstuffs  may  only  be 
treated by the action of ionising radiation if 
treated by the action of ionising radiation if 
...  and  if  they  are  wholesome  and  in  a 
...  and  if  they  are  wholesome  and  in  a 
proper  condition;  since  ionising  radiation 
proper condition;" 
cannot  be  used  as  a  substitute  for  hygiene 
or  health  practices  or  good  manufacturing 
or agricultural practice;" 

Aitifiki 

Article 4 

" 1.  The list of foodstuffs  which may 

'1.  The Community list of  foodstuffs 

"3.  The  Commission  shall  examine  the 
national  authorisations  in  force  and,  after 
consulting  the  Scientific  Committee  for 
Food, 
accordance  with 
Article  100a of the Treaty proposals aiming 
at establishing the list." 

submit 

in 

"3.  The  Commission  shall  examine  the 
national  authorisations  in  force  and,  after 
consulting  the  Scientific  Committee  for 
Food,  submit 
the 
procedure  laid down in Article  100a of the 
Treaty proposals aiming at establishing  the 
list." 

in  accordance  with 

4.  ... 

4.  ... 

5-

AMENDED PROPOSAL 

for a European Parliament and Council Directive 

on the establishment of a Community list of 

foods and food ingredients treated with ionising radiation 

Common position 

Amended proposal 

Article 1 

Article 1 

"1.  Without  prejudice  to the final positive  " 1.  Without  prejudice  to  the  Community 
list to be established  ..." 

positive list to be established  ..." 

- 6-

ISSN 0254-1475 

COM(98)  188 final 

DOCUMENTS 

EN 

03  15  10 

Catalogue number  :  CB-CO-98-195-EN-C 

ISBN 92-78-32522-8 

Office  for Official  Publications of the European  Communities 

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