Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency

COUNCIL  REGULATION (EURATOM) No 3954/87
of 22 December 1987
laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency
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 Commitee (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 2 (b) of the Treaty requires that the Council 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 (4), laying down basic safety standards the text of which was replaced by that of Directive 80/836/Euratom (5), as amended by Directive 84/467/Euratom (6), 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 feedingstuffs in several European countries to levels significant from the health point of view;
Whereas, the Community adopted measures (7) to ensure that certain agricultural products are only introduced into the Community according to the common arrangements which safeguard the health of the population while maintaining the unified nature of the market and avoiding deflections of trade;
Whereas the need arises to set up a system allowing the Community, following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of foodstuffs and feedingstuffs, 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 of 14 December 1987 on Community arrangements for the early exchange of information in the event of radiological emergency (8), or under the Convention on Early Notification of a Nuclear Accident of 26 September 1986;
Whereas the Commission will, if the circumstances so require, immediately adopt a Regulation rendering applicable pre-established maximum permitted levels;
Whereas, on the basis of current data vailable in the field of radiation protection, derived reference levels have been established and these may be used as a basis for the fixing of maximum permitted levels of radioactive contamination to be applied immediately following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to significant radioactive contamination of foodstuffs and feedingstuffs;
Whereas such maximum permitted levels take due account of the latest scientific advice as presently available on an international scale whilst reflecting the need for reassuring the public and avoiding divergences in international regulatory practice;
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 any other case of radiological emergency which is likely to lead or has led to significant radioactive contamination of foodstuffs and feedingstuffs;
Whereas the adoption of a Regulation rendering applicable maximum permitted levels would also maintain the unity of the Common Market and avoid deflections of trade within the Community;
Whereas, in order to facilitate the adaptation of maximum permitted levels, procedures should be provided for allowing the consultation of experts including the Group of Experts referred to in Article 31 of the Treaty;
Whereas compliance with the maximum permitted levels will have to be the subject of appropriate checks,