CELEX: 51998PC0188(01)
Language: en
Date: 1998-03-19
Title: 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 19.03.1998
                                                 COM(1998) 188final- 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
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
1.        BACKGROUND
The objectives of these proposals, based on Article 100a, are:
- to lay down the rules to be observed by irradiation units (standards, inspections,
     records, radiation sources, etc.);
- to define the conditions for authorising foodstuff irradiation (purposes,
     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.
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-
 ---pagebreak--- 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-
 ---pagebreak--- 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
 ---pagebreak---                                   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 ...      "(4) Whereas in several Member States ...
consumers can be very concerned about the      consumers may have cause for concern
consequences of the use of food                about the consequences of the use of food
irradiation;"                                  irradiation:"
"(5) Whereas, until the entry into force of "(5) Whereas, until the entry into force of
the final positive list of foodstuffs ..."     the Community 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;"                             proper condition; since ionising radiation
                                               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           "3. The Commission shall examine the
national authorisations in force and, after    national authorisations in force and, after
consulting the Scientific Committee for        consulting the Scientific Committee for
Food, submit in accordance with                Food, submit in accordance with the
Article 100a of the Treaty proposals aiming    procedure laid down in Article 100a of the
at establishing the list."                     Treaty proposals aiming at establishing the
                                               list."
4. ...                                         4. ...
                                                  5-
 ---pagebreak---                                    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-
 ---pagebreak---                                                                   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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