Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation
Date: 1999-02-22
Institutions: Council of the European Union, European Parliament
Subjects: food inspection, foodstuff, human nutrition, irradiation, marketing

L 66/24

EN

Official Journal of the European Communities

13. 3. 1999

DIRECTIVE 1999/3/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of 22 February 1999

on the establishment of a Community list of foods and food ingredients treated
with ionising radiation

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

HAVE ADOPTED THIS DIRECTIVE:

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), in the light of the joint text
approved by the Conciliation Committee on 9 December
1998,

Whereas Article 4(1) and (2) of Directive 1999/2/EC of
the European Parliament and of
the Council of 22
February 1999 on the approximation of the laws of the
Member States concerning foods and food ingredients
treated with ionising radiation (4) hereinafter referred to as
‘the framework Directive' provides for the adoption of a
list of foodstuffs which, to the exclusion of all other, may
be treated with ionising 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
means of replacing the said substances;

ionising radiation is an effective

Whereas
Scientific Committee for Food;

such treatment has been accepted by the

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

Article 1

1. Without prejudice to the Community positive list to
be established in accordance with the second subpara-
graph 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 ‘food-
stuffs',
that may be treated with ionising radiation,
together with the maximum doses authorised for the
intended purpose.

Treatment of the products in question with ionising
2.
radiation may be carried out only in accordance with the
provisions of the framework Directive. In particular, test
methods shall be used in accordance with Article 7(3) of
the framework Directive.

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

Article 2

Member States may not prohibit, resrict 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 the 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 20 September 2000.

(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 (OJ C 389, 22. 12. 1997, p.47) and Decision of
the European Parliament of 18 February 1998 (OJ C 80,
16. 3. 1998, p. 133). Council Decision of 25 January 1999.
Decision of the European Parliament of 28 January 1999.

(4) See page 16 of this Official Journal.

They shall inform the Commission thereof.

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

13. 3. 1999

EN

Official Journal of the European Communities

L 66/25

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

Article 5

This Directive is addressed to the Member States.

Article 6

Done at Brussels, 22 February 1999.

For the European Parliament

The President

J. M. GIL-ROBLES

For the Council

The President

K.-H. FUNKE

ANNEX

FOODSTUFFS AUTHORISED FOR IRRADIATION TREATMENT AND MAXIMUM RADI-
ATION DOSES

Category of foodstuff

Maximum overall average absorbed radiation dose (kGy)

Dried aromatic herbs, spices and vegetable seasonings

10