CELEX: 51988PC0295
Language: en
Date: 1988-06-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE SPECIAL CONDITIONS FOR EXPORTING FOODSTUFFS AND FEEDINGSTUFFS FOLLOWING A NUCLEAR ACCIDENT OR ANY OTHER CASE OF RADIOLOGICAL EMERGENCY

16. 8. 88                                    Official Journal of the European Communities                                        No C 214/31
                  financial, which might influence their judgment or the results of the inspection, especially from persons or
                  groups of persons with an interest in the result of verifications.
               3. The inspection body shall have at its disposal the necessary staff and possess the necessary facilities to enable
                  it to perform properly the administrative and technical tasks connected with verification; it shall also have
                  access to the equipment required for special verification.
               4. The staff responsible for inspection shall have:
                  — sound technical and professional training,
                  — satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such
                       tests,
                  — the ability to draw up the certificates, records and reports required to authenticate the performance of
                       the tests.
               5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number
                  of tests carried out or on the results of such tests.
               6. The inspection body shall take out liability insurance unless its liability is assumed by the State in
                  accordance with national law, or the Member State itself is directly responsible for the tests.
               7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all
                  information gained in carrying out its tasks (except vis-a-vis the competent administrative authorities of the
                  State in which its activities are carried out) under this Directive or any provision of national law giving effect
                  to it.'
              Proposal for a Council Regulation (EEC) on the special conditions for exporting foodstuffs and
                    feedingstuffs following a nuclear accident or any other case of radiological emergency
                                                              COM(88) 295 final
                                           (Submitted by the Commission on 27 June 1988)
                                                                  (88/C 214/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                      Whereas on 22 December 1987 the Council adopted
                                                                              Regulation (Euratom) No 3954/87 laying down maximum
Having regard to the Treaty establishing the European                         permitted levels of radioactive contamination of foodstuffs
Economic Community, and in particular Article 113                             and of feedingstuffs following a nuclear accident or any
thereof,                                                                      other case of radiological emergency ( 2 );
Having regard to the proposal from the Commission,
                                                                              Whereas the maximum permitted levels take due account
In cooperation with the European Parliament,                                  of the most recent international scientific opinion while still
                                                                              reflecting the need to reassure the population and to avoid
Whereas the Commission must be informed of any nuclear                        any discrepancies in international regulations;
accident or unusually high levels of radioactivity in
accordance with Council Decision 87/600/Euratom of
14 December 1987 on Community arrangements for the
                                                                              Whereas the resolution of the Council and the representa-
early exchange of information in the event of a radiological
                                                                              tives of the governments of the Member States meeting
emergency ( ! ), or pursuant to the Convention of 26 Sep-
                                                                              within the Council of 22 December 1987, adopted at the
tember 1986 on the rapid notification of nuclear accidents;
(!) OJ No L 371, 30. 12. 1987, p. 76.                                         (2) OJ No L 371, 30. 12. 1987, p. 11.
 ---pagebreak--- No C 214/32                                  Official Journal of the European Communities                                      16. 8. 88
same time as the abovementioned Regulation, provides for                                                Article 2
the adoption of specific rules governing the export of
foodstuffs;                                                                 Foodstuffs and feedingstuffs in which the level of
                                                                            radioactive contamination exceeds the relevant maximum
Whereas after a nuclear accident or in any other case of                    permitted levels laid down in Articles 2 and 3 of Regulation
radiological emergency it is not ethically acceptable to                    (Euratom) No 3954/87 may not be exported.
allow products with contamination levels in excess of the
maximum permitted levels relating to products for
domestic consumption to be exported to third countries;                                                 Article 3
whereas in such special circumstances it is difficult in
practical terms to treat products differently depending on                  The Member States shall carry out checks to ensure that the
their final destination;                                                    maximum permitted levels referred to in Article 2 are
                                                                            observed.
Whereas the provisions concerning exports should also
relate to feedingstuffs since these products are covered by
Regulation (Euratom) No 3954/87 for reasons of public                                                   Article 4
health;
                                                                            Each Member State shall communicate to the Commission
Whereas it is therefore appropriate to define specific
                                                                            the fullest information on the application of this Regu-
conditions for exporting foodstuffs and feedingstuffs after
                                                                            lation, and in particular on any cases where the maximum
a nuclear accident or any other case of radiological
                                                                            permitted levels have been exceeded. The Commission
emergency and to apply to such products the maximum
                                                                            shall forward this information to the other Member States.
permitted levels of radioactive contamination laid down in
the abovementioned Regulation,
                                                                                                        Article 5
HAS ADOPTED THIS REGULATION:
                                                                            The rules of application for this Regulation shall be laid
                                                                            down by the Commission in accordance with the procedure
                            Article 1                                       defined in Article 7 of Regulation (Euratom) No 3954/87.
                                                                            To this end an ad hoc Committee shall be set up.
1. This Regulation lays down the conditions for export-
ing foodstuffs and feedingstuffs after a nuclear accident or
any other radiological situation involving the risk of                                                  Article 6
serious radioactive contamination of foodstuffs.
                                                                            This Regulation shall enter into force on the third day after
2. For the purposes of this Regulation, 'foodstuffs' means                  its publication in the Official Journal of the European
products which are intended for human consumption                           Communities.
either immediately or after processing, and 'feedingstuffs'
means products which are intended only for animal                           This Regulation is binding in its entirety and directly
nutrition.                                                                  applicable in all Member States.
                         Proposal for a Council resolution on the fight against racism and xenophobia
                                                             COM(88) 318 final
                                           (Submitted by the Commission on 29 June V.
                                                                (88/C 214/12)
                COMMUNICATION FROM THE COMMISSION TO THE COUNCIL ON THE FIGHT AGAINST
                                                        RACISM AND XENOPHOBIA
              1. The fight against racism and xenophobia forms part of the general question of protecting fundamental
              rights, which is one of the main aspects of identity and the movement towards integration in the Community (]).
              (]) Cf. in particular the joint declaration on the protection of fundamental rights in the European Community
                  (OJ No C 103, 7. 4. 1977).