CELEX: 51987PC0281
Language: en
Date: 1987-06-16
Title: Proposal for a COUNCIL REGULATION (EURATOM) laying down maximum permitted radioactivity levels for foodstuffs, feedingstuffs and drinking water in the case of abnormal levels of radioactivity or of a nuclear accident (presented by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (87) 281
Vol. 1987/0169
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(87 ) 281 final
                                                Brussels , 16 June 1987
                                Proposai for a
                        COUNCIL REGULATION ( EURATOM)
   laying down maximum permitted radioactivity levels for foodstuffs ,
    feedingstuf f s and drinking water in the case of abnormal levels
                 of radioactivity or of a nuclear accident
                        (presented by the Commission )
C0MC87 ) 281 final
 ---pagebreak---                             EXPLANATORY MENORANDUN
1.  On 27 January 1987 the Commission presented to Council a proposal for
    a Council Regulation ( EEC) extending Regulation ( EEC ) No . 1707/ 86 on
    the conditions governing imports of agricultural products originating
    in third countries following the accident at the Chernobyl nuclear
    power   station .   On 27   February   1987   Council decided   to extend
    Regulation 1707 / 86 for a last time ,   for a limited period ,  viz . to
    31 October 1987^.     The Commission undertook at the same time to
    present to Council by 20 June 1987 a proposal for a permanent system
    in the case of radioactive contamination of foodstuffs .
2.  The   Commission   had already   attached    to  its proposal   to extend
    Regulation 1707/ 86 a Communication to the Council on a permanent
    system for establishing limits for the radioactive contamination of
    drinking water and agricultural products in the case of a nuclear
    accident ( C0M(87) 28 final of 23 January 1987 ). Annex I of this
    Communication contained a draft proposal for a Council Regulation
    laying down maximum permitted radioactivity levels for agricultural
    products and drinking water . This draft proposal did not contain any
    values for maximum permitted radioactivity levels . At the same time
    the Commission , being aware of the extreme importance of these
    values, announced that it would be organizing an International
    Scientific Seminar on Foodstuff Intervention Levels Following a
    Nuclear Accident . This Seminar took place on 27 to 30 April 1987 in
    Luxembourg .
1 . Council Regulation (EEC) n# 624/87 of 27 February 1987, 0J n° L58/101
    of 18.2.87 as corrected in 0J n° L62/31 of 5.3.87
 ---pagebreak---                                                                                )
                                    - 2 -
3. The Seminar brought together some 100 radiation protection experts
   from   27    countries and   representatives     from   five  international
   organisations , i.e. WHO , ICRP , FAO , NEA-OECD and IAEA .
   Its aim was to seek international        consensus on intervention levels
   for the contamination of foodstuffs following a nuclear accident and
   on the methods for deriving such levels .
   The Seminar proved extremely useful in that it allowed a worldwide
   exchange of information and views on foodstuff intervention levels ;
   moreover , a consensus on a series of basic principles for the
   derivation of such levels was obtained ; however , it became equally
   clear that there was a wide range of views among the scientists
   present on precise foodstuff contamination levels .
4. Following this Seminar, and in the light of its conclusions , the
   Group of experts, appointed under Article 31 of the Euratom Treaty ,
   met on 5th May 1987 to revise its recommendations of 4th September
   1986 on     foodstuffs intervention    levels .   It  lowered the previous
   recommended values to give more weight to the possible simultaneous
   contribution to dose from several contaminated foodstuffs groups . A
   copy of their report is attached for information . Its recommendations
   have been endorsed by the Scientific and Technical Committee
   ( EURATOM ).
5. The draft Proposal for a Council Regulation annexed to the Commission
   Communication of 23 January 1987 was considered by the Economic and
   Social Committee which issued a preliminary opinion on the proposal
   on 13 May 1987 . The Council has also given preliminary consideration
   to the draft Commission proposal .
6. Following these consultations ,        the Commission now proposes the
   following Council Regulation ( EURATOM ) laying down maximum permitted
   radioactivity levels for foodstuffs , feedingstuf f s and drinking water
   in the case of abnormal levels of radioactivity or of a nuclear
   accident .
 ---pagebreak---                                    - 3 -
6.1 The   proposed    Council  Regulation    closely    follows   the   draft
    communicated to the Council in C0MC87 ) 28 final . It would establish a
    two stage system to enable a speedy and considered reaction to an
    event which could lead to, or had already led to, significant
    contamination of foodstuffs , feedingstuf f s or drinking water .
    As Chernobyl demonstrates, the key requirements in the first stage
    are speed and safety . The Commission would firstly enact a Regulation
    immediately after a potentially contaminating event which would bring
    into force the maximum permitted values set out in Annex I of the
    proposal .
    The second stage would be the adjustment of the Community response to
    the precise nature and extent of the event . To do this the Commission
    would immediately consult the Article 31 Group of Experts and , if
    desirable, put forward a proposal for a second Commission Regulation
    extending, amending or abrogating the first Regulation . This would be
    put to a committee of representatives of Member States . The Committee
    would deliver its opinion by qualified majority and the Commission
    would then adopt the Regulation . If the Regulation were not in
    accordance with the opinion of the Committee, Council , acting by a
    qualified majority , would be able to take a different decision within
    15 days, during which period the Commission may defer application of
    the Regulation . This procedure would allow for a speedy reaction
    without compromising vital interests of Member States .
6.2 The proposal for a Council Regulation links the mechanism for
    enacting the first Commission Regulation to the proposed Community
    system on rapid information ( C0M(87 ) 135 final of 28 April 1987) and
    the notification procedure under the IAEA Convention on Early
    Notification .   There may well be situations,      however,   where the
    notification procedure is activated without any significant danger to
    foodstuffs . To allow for this, the proposed Council Regulation leaves
    a margin of appreciation to the Commission .
 ---pagebreak---                                    - 4 -
6.3 Maximal assurance of health protection clearly requires that the
    scope of application of the proposed Council Regulation be as wide as
    possible . It therefore covers imports from and exports to third
    countries, trade between and within Member States . Any second
    Commission Regulation , however, could differentiate between the needs
    of the points close to and remote from any event , even within the
    Community .
6.4 The proposed Council Regulation covers all foodstuffs , feedingstuf f s
    and drinking water but allows for a higher degree of contamination of
    minor foodstuffs since they are eaten only in small quantities . The
    Article 31 Group of Experts emphasized that the recommended derived
    reference levels apply to foodstuffs when they are ready for
    consumption . Although the Group realised that , in practice, controls
    were likely to be exercised at an earlier stage it emphasized in its
    recommendation that no account had been taken of the reduction in
    activity which results from food processing and preparation . The
    maximum permitted values in the proposed Council Regulation apply
    only for a first stage which will in no case exceed three months .
    Given the short time period the Commission judged that these values
    should be applied to the product as placed on the market or exported
    and that any need to apply dilution or processing factors for certain
    foodstuffs could be considered at a later stage when the second
    Commission Regulation is under discussion .
7.  In arriving at its proposal for the maximum permitted levels
    contained in Annex I of the Regulation the Commission has based
    itself firmly on the scientific advice it has received . Most
    particularly, this means the opinion of the Article 31 experts , but
    the Commission has also taken into account the range of views
    expressed at the Luxembourg seminar . The Commission is satisfied that
    as far as the principal object of this Regulation - the protection of
    public health - is concerned the scientific advice offered to it is
    probably the most thorough available anywhere is the world , and notes
    that   the   scientists    concerned  have    introduced  conservative
    assumptions whenever they saw any danger in doing otherwise .
 ---pagebreak--- The Commission is also aware , however , that scientific views on this
subject are by no means unanimous and, as demonstrated by the latest
advice of the Article 31 experts , are still in a state of rapid
development . In these circumstances the Commission has felt it
necessary to take other factors into account in setting the levels .
In particular, the levels incorporated in any Community system must
be  of sufficient public and political credibility for that system to
be  capable of attracting Community agreement now and to be operable
in  the event of a nuclear accident - bearing in mind the very high
level of public concern which is likely to prevail at such a time .
One major aspect of this credibility, with potentially serious
implications for Community trade in certain agricultural products , is
the relationship of the levels set by the Community to those in use
elsewhere in the world .
The Commission welcomes the fact that scientific work on this subject
is continuing within the Community , in third countries and in the
major interested international organisations . The Commission looks
forward to the day when this work will result in a more solid
international consensus, both scientific and political , then exists
at present .    The Commission will follow progress closely , will
contribute actively to it , and will keep under constant review the
need to adjust this Regulation in the light of relevant developments .
As to the levels for feedingstuf f s , the Commission has sought the
advice of experts who came to the conclusion that for the first two
groups of radionuclides the dilution factor in animals is so high
that no maximum permitted levels need to be laid down whereas for the
third group of radionuclides containing the caesium isotopes a
dilution factor of two in relation to the levels laid down for other
major foodstuffs has been recommended .
 ---pagebreak---                  PROPOSAL FOR A
          COUNCIL REGULATION ( EURATOW )
LAYING DOWN MAX I NUN PERNITTED RADIOACTIVITY LEVELS
  FOR FOODSTUFFS , FEEDINGSTUFFS AND DRINKING WATER
          IN THE CASE OF ABNORNAL LEVELS OF
       RADIOACTIVITY OR OF A NUCLEAR ACCIDENT
 ---pagebreak---                                        v _                                             +
                                Proposa L for a
                       COUNCIL REGULATION CEURATOM )
 laying down maximum permitted radioactivity levels for foodstuffs ,
  feedingstuf fs and drinking water in the case of abnormal levels
               of radioactivity or of a nuclear accident
 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 , drawn up after
obtaining the opinion of a group of experts appointed by the Scientific
and Technical Committee ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas Article 2(b ) of the Treaty requires               that   the      Community
shall establish uniform safety standards to protect the health of
workers and of the general public and ensure that they are applied , as
further set out in Title Two , Chapter III of the Treaty ;
Whereas, on 2 February 1959, the Council adopted Directives^ laying down
basic safety standards the text of which was replaced by that of Council
                            2              .1 _» !_ •. • _ 1 _• A I II / ^ < c _ «. _3
Directive 80 / 836 / Euratom , as amended by Directive 84 / 467 / Euratom , and
whereas Article 45 of that Directive requires Member States to stipulate
intervention levels in the event of accidents ;
Whereas , following the accident at the Chernobyl nuclear power-station
on 26 April 1986 , considerable quantities of radioactive materials were
released into the atmosphere , contaminating foodstuffs and feedingstuf fs
in several European countries to levels significant from the health
point of view ;
Whereas , the Community adopted provisional measures , and in particular
                                                    4
Council Régulation ( EEC ) No . 1707 / 86 , to ensure that certain
1 0J No 11 , 20.2.1959, p.    221 /59.
20J  No L 246, 17.9.1980,     p. 1 .
30J  No L 265 , 5.10.1984,    p. 4 .
40J  No L 146, 31.5.1986,     p. 88 .
 ---pagebreak---                                                                              4
                                    - 3 -
agricultural products are only introduced into the Community according
to common arrangements which safeguard the health of the population
while maintaining the unified nature of the market and preventing
deflections of trade ;
Whereas     the need arises to set up a more permanent system allowing the
Community ,   in cases of nuclear accidents or other events leading to a
significant radioactive contamination of foodstuffs, feedingstuf f s or
drinking water,       to fix maximum permitted levels of radioactive
contamination in order to protect the population ;
Whereas the Commission will be       informed of a   nuclear accident  or of
unusually high levels of radioactivity according to the Council Decision
on a Community system of       rapid exchange of    information in cases of
abnormal levels of radioactivity or of a nuclear accident or under the
Convention on Early Notification of a Nuclear Accident of 26 September
1986 ;
Whereas the Commission will , if the circumstances so require, adopt a
Regulation rendering applicable pre-established maximum permitted
levels ;
Whereas , on the basis of current data available in the field of
radiation protection , derived reference levels can be established and
serve as a basis for the fixing of maximum permitted radioactivity
levels which can be applied immediately in the case of such an accident
or other event resulting in significant radioactive contamination of
foodstuffs, feedingstuf fs or drinking water ;
Whereas such maximum permitted levels have been established following an
International Scientific Seminar on Foodstuff Intervention Levels After
A Nuclear Accident which was organised by the Commission in Luxembourg
on 27 to 30 April 1987 ;
Whereas  these   levels  take due account of    latest  scientific advice as
presently available on an international scale whilst reflecting the need
for reassuring the public       and avoiding divergence     in international
regulatory practice ;
 ---pagebreak--- Whereas , however , it is necessary to take due account of the particular
conditions applying and , therefore , to establish a procedure allowing
the rapid adaptation of these pre-established levels to maximum permitted
levels appropriate to the circumstances of any particular nuclear
accident or other event leading to a significant radioactive
contamination of foodstuffs , feedingstuf f s or drinking water ;
Whereas    the adoption of a Regulation fixing maximum permitted levels
would also preserve the unity of the Common Market , prevent deflections
of trade within the Community and preclude any national prohibitions or
 restrictions within the meaning of Article 36 of the EEC Treaty ;
 Whereas, in order to facilitate the adaptation of maximum permitted
 levels , procedures should be provided for allowing on the one hand the
 consultation of the Group of Experts referred to in Article 31 of the
 Treaty    and       establishing, on the other hand , close cooperation
 between Member States and the Commission within a management committee ;
 Whereas compliance with the maximum permitted levels will have to be the
 subject of appropriate checks ;
 Whereas , in order to supplement , clarify or adjust , as necessary , the
 measures provided for by this Regulation, a simplified procedure should
 be established ;
 HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                           5                                          .1
ARTICLE 1
 1 - This Regulation lays down the procedure for determining the maximum
      permitted levels of radioactive contamination of drinking water , of
      foodstuffs and of feedingstuf fs which may be placed on the market or
      exported following a nuclear accident or any other event which could
      lead   or   has   led    to significant radioactive contamination of foodstuffs ,
      feedingstuf fs or drinking water .
 2 . Foodstuffs within the weaning of this Regulation are products which
      are fit for human consumption either immediately or after processing .
      Feedingstuf fs are products which are fit only for animal nutrition .
ARTICLE 2
 1 . Where    a    nuclear      accident or any other event is notified to the
      Commission according to the procedure envisaged by Council Decision
      No .                  of   .           ( Rapid   Information ) or under  the
      Convention on Early Notification of a Nuclear Accident of 26 September
      1986 , the Commission        shall immediately , if the circumstances so
      require , adopt a Regulation rendering applicable the maximum permitted
      levels laid down in Annex I.
 2.   The period of validity of any Regulation as referred to in paragraph 1
      shall not exceed three months .
ARTICLE 3
  1 . The Commission shall immediately upon adopting a Regulation in accordance with
      Article 2      obtain the opinion of the Group of Experts referred to in
      Article 31 of the           Treaty       ( hereinafter called " the Group of
      Experts ") on any subséquent Régulation required in the ci rcumstances .
 ---pagebreak---  2 . When seeking the opinion of the Group of Experts, the Commission may
     set a time limit within which such opinion shall be given . No vote
     shall be taken . However, any member of the Group of Experts may demand
     that his or her views be set down in the minutes .
ARTICLE 4
 1 . If the circumstances so require , the Commission shall submit to an
     Ad-Hoc Committee for the Radioactive Contamination of Foodstuffs
     ( hereinafter called " the Committee"), a draft Regulation
     replacing the Regulation referred to in          Article 2 ( 1 ) within one
     month    after   its   adoption .     The  Coaaittee   shall    consist  of
     representatives of the Member States with a representative of the
     Coaaission as chairaan .
 2 . The Coaaission shall when submitting the draft Regulation referred to
     in paragraph 1 take into account the basic standards laid down in
     accordance with Articles 30 and 31 of the Treaty and in
     particular shall apply the principle that all exposures shall be kept
     as low as reasonably achievable taking economic and social factors
     into account .
 3 . The Committee shall deliver its opinion on the draft within a time
     limit which the chairman may lay down according to the urgency of the
     matter .    The opinion shall be delivered by the majority laid down in
     Article 118(2 ) of the Treaty in the case of decisions which
     the Council is required to adopt on a proposal from the Coaaission .
     The votes of the representatives of the Member States within the
     Committee shall be weighted in the manner set out in that Article .
     The chairman shall not vote .
 4 . The Commission shall adopt the Regulation which shall apply
     immediately . However, if the Regulation is not in accordance with the
     opinion of the Committee, it shall forthwith be communicated by the
     Commission to the Council .       In that event the Commission may defer
     application of the Regulation which it has decided upon for not more
     than 15 days from the date of such communication .
 ---pagebreak---                                      - 7 -
 5 . The Council ,   acting by a qualified majority ,   may take a different
     decision within 15 days .
ARTICLE 5
 The period of validity of any Regulation as referred to in Article 4 shall
 be limited .   It may be revised at the request of a Member State or on the
 initiative of the Commission in accordance with the procedure laid down in
 Articles 3 and 4 .
ARTICLE 6
 1 . In order to    ensure that the maximum permitted     levels laid down in
     Annex I take account of any new scientific data becoming available ,
     the Commission shall , from time to time , seek the opinion of the Group
     of Experts .
 2 . At the request of a Member State or the Commission , the maximum
     permitted levels laid down in Annex I may be revised or supplemented ,
     in accordance with the procedure laid down in Article 31 of the
     T reaty .
ARTICLE 7
 1 . Foodstuffs   or  feedingstuf fs  not  in  compliance   with  the maximum
     permitted levels    laid down in any Regulation adopted in accordance
     with Articles 2 or 4 shall not be placed on the market or exported . For
     the purposes of applying this Regulation foodstuffs or feedingstuf fs
     coming from third countries shall be considered to be placed on the
     market when they are , on the customs territory of the Community , the
     subject of a customs procedure other than a transit procedure .
 2 . Each Member State shall provide the Commission with all information
     concerning the application of this Regulation , in particular concerning
     cases of non-compliance with the maximum permitted levels . The Commission
     shall communicate such information to the other Member States .
 ---pagebreak---                                     - 8 -
ARTICLE 8
Detailed  rules    for applying this Regulation and any amendments to be
made  to the  list   of minor  foodstuffs contained in Annex  II  shall be
adopted in accordance with the procedure laid down in Article 4 .
ARTICLE 9
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Neaber States .
Done at Brussels ,   17 June 1987                      For the Counc i l
 ---pagebreak---                                                9                               ANNEX I        Ι -!
     MAXIMUM PERMITTED LEVELS FOR FOODSTUFFS , FEEDINGSTUFFS AND DRINKING WATER
                                    ( Bq / kg or Bq / l )
                      Dairy     Other Foodstuffs          Drinking Water and  Feedingstuf f s
                      produce^ except minor               Liquid foodstuffs^
                                 foodstuffs^
Isotopes of iodine
                                                                                     4
and strontium ,         500           3 000                      400
notably 1-131 , Sr-90
Alpha emitting
isotopes of
                                                                                      4
plutonium and            20                80                      10
transplutonium
éléments , notably
Pu-239 , Am-241
All other nuclides
of half-life
greater than          1 000           1 250                        800            2 500
10 days , notably
Cs-134 , Cs-137
        Dairy produce is defined as milk falling within headings N° .              04.01 and
       N° .  04.02 of Common Customs Tariff and those           foodstuffs intended for the
       special feeding of infants during the first four to six months of life ,
       which meet , in themselves , the nutritional requirements of this category of
       person and are put up for retail sale in packages which are clearly
       identified and labelled " food preparation for infants ".
    ^ Liquid foodstuffs as defined by Chapter 20 and 22 of the COMBOn Custoas
       Tariff .
    ^ Minor foodstuffs are those foodstuffs listed in Annex II . For these a level
       of contamination ten times that quoted in this column may be allowed .
       No value for iaaediate application .
 ---pagebreak---                      - ,4 ю -                                   ',5
                                                    ANNEX II
                   MINOR FOODSTUFFS
Common Customs            Description
   Tari f f
 Heading No .
07.01          Vegetables , fresh or chilled :
               0 . Capers
07.03          Vegetables provisionally preserved in brine , in
               sulphur water or in other preservative solutions
               but not specially prepared for immediate
               consumption :
               B. Capers
 Ch . 09       Coffee, tea , mate and spices
 ---pagebreak---                       DERIVED REFERENCE LEVELS AS A BASIS FOR
              THE CONTROL OF FOODSTUFFS FOLLOWING A NUCLEAR ACCIDENT
                     A RECOMMENDATION FROM THE 6R0UP OF EXPERTS
                   SET UP UNDER ARTICLE 31 OF THE EURATOR TREATY
Introduction
The previous recommendation of the Group of Experts , dated 4 September 1986 ,
has been reviewed and revised by the Group in the light of the CEC
International Scientific Seminar on " Foodstuffs Intervention Levels Following a
Nuclear Accident " held in Luxembourg from 27 to 30 April 1987 ; the revised
recommendations are set out below .
Basic policy
The radiological control of foodstuffs following an accidental release of
radioactive material to the environment poses two very different sets of
problems . The first , and most urgent , concerns the use of food produced , and
sometimes consumed , in the area near the accident . Decisions are needed within
a day or two of the release so that the affected area can be defined and
alternative food supplies provided . The second set of problems relates to the
long-term widespread distribution of food from the local area and also from
 larger , more widely dispersed areas where immediate control is not necessary
but where measurable contamination exists . In the context of the Community ,
the emphasis is on this second set of problems and on the movement of food
between Member States and between the Community and other countries .
                                                        I
 ---pagebreak---                                                                                   M
On the conventional and prudent assumption that any radiation dose to man
causes some increase in the risk of long-term consequences , the consumption of
food contaminated at any level implies some risk . There is thus no way in
which decisions about the control of food can be taken solely on consideration
of risks to health . Although any decision by the competent authorities must be
based on a balance betweeen the magnitude of these risks and the costs in money
resources , and social disruption of any protective action, it is fundamental to
maintain public confidence in the overall system of radiological protection
under which the public is legitimately exposed to radiation as a result of the
widespread beneficial uses of radiation and radioactive materials . This
confidence can be strengthened if the reaction to an accident is seen to be
appropriate .
Reference levels ( RL)
It is not appropriate to set limits in dealing with emergency situations
because an emergency is rarely, if ever , susceptible to rigid limitation . It
is , however , very useful to establish reference levels which are based upon and
respect the principles of the Basic Safety Standards and below which action is
likely to be inappropriate and above which that intervention ought to be taken ,
or at least seriously considered . The reference level must be related to the
severity and complexity at the intervention action - simple actions , with few
social consequences, are appropriate at low levels of radiation exposure;
complex actions require high levels of exposure before they can be justified .
In this report , the Group of Experts has considered those actions needed to
control the distribution and importation of foodstuffs in the Community . This
type of action is complex and has considerable social and economic implications
and needs a significant level of exposure for justification .
In principle, the selected RLs should relate to the lifetime dose likely to be
accumulated from the continued consumption of a single foodstuff . Only then
can the benefit of the reduction in dose achieved by control of that foodstuff
be compared with the costs and detriments of the control action . At the levels
of dose likely to be encountered and at the scale of the necessary
intervention, which is not likely to cause serious food shortages at the
 ---pagebreak---                                      - 3 -
national or Community level , it is correct to treat each foodstuff as
independent of all others .
In practice , however , there are very many foodstuffs potentially involved and
it is desirable to make simple and comprehensible rules for deciding on
intervention .  The Group of Experts has therefore chosen to recommend reference
levels of dose for the major components of diet and to choose the corresponding
derived levels in foodstuffs with some conservatism, so that it is unlikely that
the reference level of dose will be exceeded by any likely combination of
contamination in different foodstuffs at different times after an accident .
This procedure is more restrictive than that recommended by the International
Commission on Radiological Protection but less restrictive than that of taking
total diet as a single basis for decisions . The Group has also chosen to use
the dose in a year as the basis for reference levels because the dose in the
first year is larger than the dose accumulated in any single subsequent
year .
The recommendations apply to the situation resulting from an accident
irrespective of any pre-existing sources of exposure , including any previous
accidents .  The reference levels can thus be the same for all accidents .  On
that basis , the Group of Experts recommends the adoption of two reference
levels of dose as indicated in Reference 1 - a lower RL below which action is
extremely unlikely to be justified on radiological protection grounds and an
upper RL at which action is almost certain to have been attempted on
radiological protection grounds .
For the first year after an accident , the Group of Experts recommends a lower
RL for the committed effective dose equivalent to the age of 70 years resulting
from the consumption of foodstuffs of 5 mSv . The upper RL should be 50 mSv .
For the special case of iodine isotopes which deliver almost all their dose to
the thyroid , an additional lower RL of 50 mSv to the thyroid is recommended ,
with a corresponding upper RL of 500 mSv ( Reference 2 ). In all cases , the
figures relate to the committed dose resulting from intake of food over the
year in question . For subsequent years , the levels of contamination will be
 lower and there will have been time to organise effective and economic means of
 ---pagebreak---                                      - 4 -
control should these still be necessary .
Derived Reference Levels ( DRL)
The practical control of foodstuffs must depend on the measurement or
prediction of the concentration of radioactive materials in the food; it cannot
be achieved by direct estimation of the dose to the consumers .   It is therefore
necessary to derive practical values of concentration from the RLs of dose .
The values used in the vicinity of an accident for controlling the situation in
the first few weeks after an accident have been called Derived Emergency
Reference Levels ( DERL ). For the long-term control of the trade in foodstuffs
the term Derived Reference Level ( DRL ) has been used in this report .  It is
not in any sense a limit .   However , the problems of interfering legitimately
with international trade may make it necessary to incorporate the reference
 levels into Community regulations . An initial examination of the techniques
of optimisation of protection , formulated by a working group of the W.H.O. and
presented at the Luxembourg Seminar , shows that the levels recommended by
 the Group of Experts of Article 31 are close to those reached by the process
of optimisation . The levels recommended are thus sufficient in their own
 right and no further reduction is necessary .
 ---pagebreak---                                          5
The estimation of DRLs in foodstuffs poses substantial problems because the
different routes by which different nuclides reach the food , combined with the
different distribution systems for different foodstuffs and the differences in
diet with age and location, lead to very complex links between the activity in
a single foodstuff and the total dose to an individual resulting from the
consumption of food . If it is intended to limit the total dose from all
foodstuffs , each foodstuff should have a different DRL for each nuclide and a
calculation should be carried out on each occasion and for each location ,
depending on the activity level in all the relevant foodstuffs for all the
relevant nuclides . This may well be possible in the immediate area of an
accident where the situation can be closely defined , but it is not feasible as
a basis for action at Community level .
The Group of Experts has therefore established proposals for the major
components of diet for three classes of radionuclides . The values are shown in
the table . They have been established on the basis of typical patterns of diet
in the Community . The contamination of foodstuffs after an accident will vary
with time and with location and it is unrealistic to assume that an individual
might consume food all of which is contaminated at the DRL for a whole year .
The Group has assumed , therefore, that , over a whole year, the intake would
amount to no more than 10 X of that given by continuous consumption of a
foodstuff at the peak value at any time and any location . Data presented at
the Luxembourg Seminar and wider consultations have convinced the Group that
the 10 X value is appropriate and this value was included in the computation
of derived reference levels .
However, this value is no longer regarded as conservative enough in all
 circumstances to cover the addition of doses from all foodstuff groups
considered . To take account of this , a reduction factor of 5 has been applied
 to each of the values calculated for. the individual foodstuffs making up the
groups now described as milk products , other major foodstuffs ( comprising
 cereals, fruit and vegetables, meat ) and drinking water ( including beverages ).
Because of the short half-lives of the relevant iodine isotopes there is no
 need to apply this factor for additivity to the values calculated for these
 nuclides . The figures for the strontium isotopes in the nuclide group " iodine
 and strontium” do however contain the appropriate reduction factors .
 ---pagebreak---                                                                                  V
                                  - 6 -
With regard to the addition of contributions from different radionuclides in
the food chain , the following points have been taken into account :
- each nuclide group has been assessed on the basis that the total activity of
  nuclides in the group is compared with the limiting value for the most
  radiotoxic relevant nuclide in that group applied to the most limiting age
  group ;
- reference levels for iodine isotopes are based on the dose to the thyroid ;
  their contribution to the effective dose equivalent is therefore reduced ;
- it is unlikely that , in any accident , nuclides from the three groups will be
  present together in significant amounts in the food chain .
For these reasons the group concludes that adequate allowance has been made
for additivity of the contribution from different radionuclides both within
and between nuclide groups .
The tablulated values have thus been established on the basis that each food
group and each group of nuclides can be treated quite separately from all the
others ; adequate allowance has already been made for the existence of several
contaminated foodstuffs or of nuclides in more than one group .
The levels apply to the foodstuffs as ready for consumption . In practice,
controls are likely to be exercised at an earlier stage, e.g. in the proces¬
sing and marketing of primary produce . No account has been taken of the
reduction in activity which is due to food processing and preparation .
 ---pagebreak---                                            7
                                                                                    4
                                          TABLE
                             DERIVED_REFERENCE LEVELS<1 >
           AS THE BASIS FOR THE CONTROL OF FOODSTUFFS FOLLOWING AN ACCIDENT
                                          (Bq/ kg)
                          Isotopes of iodinc and strontium*^*
                                  Motably 1-131 , Sr-90
Milk products ^              Other major foodstuffs ^              Drinking water
        500                             3 OOO                            400
         Alpha emitting isotopes of plutonium and transplutonium elements*^*
                                 Notably Pu-239, Am-241
Milk products ^*              Other major foodstuffs ^             Drinking water
        20                               80                              lO
              All other nuclides of half-life greater than 10 days*^ ^
                                 Notably Cs-134 , Cs-137
Milk products ^               Other major foodstuffs ^             Drinking water
       4 OOO                           5 OOO                             800
 NOTES
 ( 1 ) These derived reference levels are intended for general application ;
       they are based on the lower RL discussed in the text , namely , a committed
       effective equivalent of 5 mSv in a year and a
       committed dose equivalent to the thyroid of 50 mSv in a year .
       Values based on the higher RL would be 10 times greater .
 ( 2 ) Within each group of nuclides the values relate to the total activity of
       all the nuclides in the group . Each group can then be treated as
       completely independent of the other groups .
 ( 3 ) Milk products include fresh milk and re-constituted milk drinks or foods
       prepared from dried milk preparations . Cheese should be considered as one of
       the " other major foodstuffs ".
 ( 4 ) For minor foodstuffs , e.g. those with an annual consumption of less than
       about 10 kg ., values of 10 times those for major foodstuffs will be
       appropriate . It is not to be expected that restrictions will be needed on
       items such as spices and condiments .
 ( 5 ) Carbon 14 and tritium are not included in this group because of their low
       contribution to the doses for any forseeable accident .
 ---pagebreak---                                 - 8                                            &
References
1.  Commission of the European Communities . Radiological protection criteria
    for controlling doses to the public in the event of accidental releases of
    radioactive material . V / 5290 / 82 EN . CEC , Luxembourg, 1982 .
2.  International Commission on Radiological Protection . Publication 40 .
    Protection of the Public in the Event of Major Radiation Accidents :
    Principles for Planning
    Annals of the ICRP , Volume 14 No . 2 1984 .
 ---pagebreak---                                                                                 1A
                             FINANCIAL STATEMENT
1. Budget heading
   Item 6480 " Radiation protection "
2. Legal basis
   Articles 31 , 38 of the Euratom Treaty
3. Proposal     for     classification     under   cowpuLsory / non-coapulsory
   expenditure
   non-compulsory
4. Description and justification of project
   Following the accident at the nuclear power station in Chernobyl
   radioactive materials were widely dispersed throughout Europe . At
   Community level the need arose to lay down contamination levels
   for foodstuffs .        The Community provided for such levels in
   Regulation     ( EEC ) n°   1707 / 86 .  On   27 January    the Commission
   presented to Council a proposal to extend Regulation 1707 / 86 and
   at the same time a Communication to the Council on a permanent
   system for establishing limits for the radioactive contamination
   of drinking water and agricultural products in the case of a
   nuclear accident ( C0M(87 ) 28 final ). The present project contains
   the final version to the Commission proposal for such a system .
   The task of the Commission ,             as  laid down   in   the proposed
   regulation , would be to :
   - set up an emergency service to respond to notification of a
     nuclear accident or other event which makes the adoption of a
     Commission Regulation on maximum permitted levels necessary
     ( Artie le 2(1 ) ) ;
   - consult the group of Experts referred to in Article 31 of the
     Euratom Treaty and the Ad-Hoc Committee for the Radioactive
     Contamination of Foodstuffs on the need for any subsequent
     regulation ( Article 3 and 4 );
   - keep a continuous watch on scientific developments in the field
     and propose a revision of the maximum permitted levels if
     necessary ( Article 6 ) ;
   - take part in discussion on an international level ( IAEA ,           WHO ,
     ICRP , FAO , Codex A li mentarius , OECD / NEA ) ;
   - ensure that Member States are complying with the Regulation ;
     collate , analyse and distribute information on contamination
     levels to all Member States ( Article 7 ).
 ---pagebreak---                                    - 2 -
     Types of expenditure and method of calculation
5.1 Travel and accomodation expenses for meetings,           conferences,
     seminars and missions , experts ' fees , secretarial and computer
    expenses ,   costs for publications,   purchases of scientific works
    and periodicals and study expenses are set off against item
    B 6480 - Radiation protection .
5.2 Method of calculation :
       Consultation with competent national authorities ,
       scientific experts and international organisations
       ( travel and accomodation expenses
       for meetings and missions )                             75 000
    - Analysis of scientific developments ( consultants .
       experts )                                               50 oOO
    - Studies in the field of derived reference levels
       for foodstuffs                                          50 ooo
    - Computer expenses                                       100 000
    - Transmission of information                              75 000
    - Secretarial expenses                                     50 000
                                                              400 000
5.3 The distribution     of  expenditure   will  be  identical   for  the
    following years
6.  Financial implication for intervention appropriations
6.2 Proposition financed from the Community budget :
    100 %
7.  Remark
    Nil
8.  Financial implications      for   staf and   current  administrative
    appropriations
    Nil