CELEX: 51987PC0135
Language: en
Date: 1987-04-28
Title: 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

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