29 Amendments of Michèle RIVASI related to 2013/0451(NLE)
Amendment 26 #
Proposal for a regulation
Title
Title
Proposal for a COUNCIL REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency
Amendment 28 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty establishon the Functioning of the European Atomic Energy CommunityUnion, and in particular Articles 31 and 32168(4) and 169(3), and Article 114 thereof,
Amendment 32 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In accordance with Article 168 of the Treaty on the Functioning of the European Union, a high level of human health protection should be ensured in the definition and implementation of all EU policies and activities.
Amendment 55 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to facilitate the adaptation of maximum permitted levels, procedures should be introduced to allow the regular consultation of experts. A group of experts should be established by the Commission on the basis of scientific and ethical criteria. The Commission should make public the group’s composition and its members’ declarations of interests. In adapting the maximum permitted levels, the Commission should also consult experts from international bodies in the field of radiation protection, independent experts from pro-nuclear organisations and nuclear operators.
Amendment 57 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The maximum permitted levels should be made public and regularly revised to take due account of the latest scientific advances and advice as presently available internationally, to reflect the need to reassure the public and to provide it with a high level of protection and to avoid divergences in international regulatory practice.
Amendment 60 #
Proposal for a regulation
Recital 12
Recital 12
(12) The examination procedure should be used for the adoption of acts rendering applicable the pre-established maximum permitted levels of radioactive contamination of food and feed. In the event of a nuclear accident or any other radiological emergency, it is nevertheless necessary to take due account of the particular circumstances and conditions applying to each accident, and, therefore, to establish a procedure allowing the rapid lowering of these pre-established maximum permitted levels, and, if necessary the introduction of maximum permitted levels for other radionuclides (notably tritium) involved in the accident, with a view to ensuring the highest possible level of public protection. The public should be informed immediately of the measure and of the maximum levels.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to certain radiological emergencies which are likely to lead or have led to a significant radioactive contamination of food and feed, imperative grounds of urgency so require. The public should be informed immediately of the measure and of the maximum levels.
Amendment 63 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The adoption of the maximum permitted levels under this Regulation should be based on the protection requirements for the most critical and vulnerable population groups, in particular children and people in isolated geographic areas or those practising subsistence farming. The maximum permitted levels should be the same for the entire population and should be based on the lowest levels.
Amendment 64 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) In the event of a nuclear accident or radiological emergency which requires the maximum permitted levels to be applied, the public should be informed of the levels in force, both by the Commission and by each Member State. Furthermore, the public should also be provided with information about food and feed liable to accumulate stronger concentrations of radioactivity.
Amendment 65 #
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) Compliance with the maximum permitted levels should be the subject of appropriate checks, and sanctions should be introduced for the export, import or sale of foodstuffs exceeding the maximum permitted contamination levels.
Amendment 66 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down the maximum permitted levels of radioactive contamination of food as set out in Annex I, the maximum permitted levels of minor food as set out in Annex II, and the maximum permitted levels of radioactive contamination of feed as set out in Annex III, which may be placed on the market following a nuclear accident or any other case of radiological emergency which is likely to lead to or has led to significant radioactive contamination of food and feed, and the procedures to render these maximum permitted levels applicable.
Amendment 70 #
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
Amendment 75 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Practices consisting of blending foodstuffs containing concentrations above those permitted by the rules with uncontaminated or mildly contaminated foodstuffs so as to obtain a product conforming to the rules shall not be authorised.
Amendment 79 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The maximum permitted levels shall be made public and regularly revised to take due account of the latest scientific advances and advice as presently available internationally, to reflect the need to reassure the public and to provide them with a high level of protection and to avoid divergences with international regulatory practices which provide higher levels of protection.
Amendment 82 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. When preparing the draft implementing act referred to paragraphs 1 and 2 and discussing it with the committee referred to in Article 5, the Commission shall take into account the basic standards laid down in accordance with Articles 30 and 31 of the Treaty, including the principle that all exposures shall be kept as low as reasonably achievable, taking the protection of the health of the general public, and economic and societal factorsparticularly of the most vulnerable segments of society, into account.
Amendment 91 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 93 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
Member States shall monitor compliance with the maximum permitted levels of radioactive contamination within their territories. For that purpose Member States shall maintain a system of official controls for foodstuffs and feedingstuffs, and undertake other activities as appropriate in the circumstances, including public communication on food and feed safety and risks, in accordance with Article 17 of Regulation (EC) No 178/2002.
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
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. The Commission shall impose penalties on Member States which themselves fail to impose penalties for the placing on the market or exportation of feed exceeding the maximum permitted levels of contamination.
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
Each Member State and the Commission shall inform the public of the levels in force and provide information about foodstuffs liable to accumulate higher concentrations of radioactivity.
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 b (new)
Article 4 – paragraph 2 – subparagraph 1 b (new)
The Annexes shall take into account the effect of the partial decay of radioactive isotopes during the shelf life of preserved foodstuffs. Depending on the type of contamination, for example contamination with iodine isotopes, the radioactivity of preserved foodstuffs should be constantly monitored.
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1c (new)
Article 4 – paragraph 2 – subparagraph 1c (new)
The public shall be provided with information on all violations of this Regulation and on the penalties applied.
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1d (new)
Article 4 – paragraph 2 – subparagraph 1d (new)
The public shall be notified of the results of the controls at the earliest opportunity. These shall indicate, inter alia, the product type, brand, origin, date of sampling, date of analysis, specific activity, associated uncertainty and, where applicable, the limit of detection.
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
The Commission shall, by 31 March 2017, submit a report to the European Parliament and the Council on the appropriateness of a mechanism for compensating farmers whose foodstuffs have been contaminated beyond the maximum permitted levels of radioactive contamination and therefore cannot be placed on the market. Such a mechanism should be based on the polluter-pays principle. The report shall, if appropriate, be accompanied by a legislative proposal setting up such a mechanism.
Amendment 104 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a 1. The Commission shall submit to the European Parliament and the Council, by 31 March 2017, a report on the pertinence of the maximum permitted levels of radioactive contamination set in the Annexes. 2. The report must enable verification of whether the maximum permitted levels of radioactive contamination ensure that the limit on the effective dose for public exposure of 1 mSv/year is respected and result in thyroid doses sufficiently below the 10 mGy reference level recommended by the WHO for the administration of stable iodine to especially vulnerable groups. 3. The report shall consider the possibility of reviewing the radionuclide classification and including tritium and carbon 14 in the Annexes. In assessing those maximum permitted levels, the report shall focus on the protection of the most vulnerable population groups, in particular children, and examine whether it would be appropriate to set maximum permitted levels for all categories of the population on that basis.
Amendment 105 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a For the purposes of this Regulation, the Commission shall be assisted by a committee made up of independent scientific experts on public health and food safety and of representatives of consumers and farmers. The members of the committee shall be selected according to scientific criteria. The Commission shall make public the composition of the committee of experts and its members' declarations of interests.
Amendment 109 #
Proposal for a regulation
Article 6
Article 6
In order to ensure that the maximum permitted levels laid down in the Annexes I, II and III take account of any new or additional important data becoming available, in particular with regard to scientific knowledge, adaptations to those Annexes shall be proposed by the Commission after consultation of the Group of Experts referred to in Article 31 of the Treaty establwithin one month at the latest following the nuclear accident or radiological emergency, and after consultation of the Group of Experts established by the Commission, the Commission shall present to the Council and the European Parliament a proposal to confirm the exishting the European Atomic Energy Community provisions or revise the levels and revise the list of radionuclides, depending on the specific situation.
Amendment 113 #
Proposal for a regulation
Annex I
Annex I
Food (Bq/kg)1 Infant f Foods2 DairyFresh milk Other food Liquid food5 specifically for and dairy including drinking infants and producets3 except minor water5 young food4children Isotopes of strontium, 751 1250 750 125 10 notably Sr-90 Isotopes of iodine, notably 150 5010 2 000 50 50010 I-131 Alpha-emitting isotopes of 0,01 200,1 805 20 plutonium and transplutonium elements, notably Pu-239, Am-2410,1 of uranium and transuranic elements All other nuclides of half- 4001 1 000 1 2500 1 000 10 life greater than 10 days, notably Cs-134 and Cs- 1376, Cs-137, C14, H3, tritium and potassium 40 1 The level applicable to concentrated or dried products is calculated on the basis of the reconstituted product as ready for consumption. Member States may make recommendations concerning the diluting conditions in order to ensure that the maximum permitted levels laid down in this Regulation are observed. 2 Infant food is defined as those foodstuffs intended for the feeding of infants during the first twelve 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 with one of the following names: “infant formula”, “follow-on formula”, “infant milk” and, “follow-on milk”, or “growing-up milk” in accordance with articles 11 and 12 of Commission Directive 2006/141/EC. 3 It also includes prepared foods presented in small pots or dishes and specifically intended for children under the age of three. 3 Dairy produce is defined as those products falling within the following CN codes including, where appropriate, any adjustments which might be made to them later: 0401, 0402 (except 0402 29 11). 4 Minor food and the corresponding levels to be applied to them are set out in Annex II. 5 and 0406 10. 5 Liquid food as defined in the heading 2009 and in chapter 22 of the combined nomenclature. Values are calculated taking into account consumption of tap-water and the same values should be applied to drinking water supplies. 6 Carbon 14, tritium and potassium 40 are not included in this group.
Amendment 114 #
Proposal for a regulation
Annex II
Annex II
Amendment 115 #
Proposal for a regulation
Annex III – Introductory part
Annex III – Introductory part