Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ENVI |
HERRANZ GARCÍA Esther ( PPE)
|
TĂNĂSESCU Claudiu Ciprian ( S&D),
GIRLING Julie ( ECR),
PAULSEN Marit ( ALDE),
RIVASI Michèle ( Verts/ALE),
PEDICINI Piernicola ( EFDD)
|
| Former Responsible Committee | ENVI | ||
| Committee Opinion | ITRE | ||
| Committee Opinion | AGRI | ||
| Committee Opinion | EMPL | ||
| Former Committee Opinion | ITRE | ||
| Former Committee Opinion | AGRI | ||
| Former Committee Opinion | EMPL | ||
| Committee Legal Basis Opinion | JURI |
HAUTALA Heidi ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
Euratom Treaty A 031, Euratom Treaty A 032
Legal Basis:
Euratom Treaty A 031, Euratom Treaty A 032Subjects
Events
PURPOSE: to lay down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency.
NON-LEGISLATIVE ACT: Council Regulation (Euratom) 2016/52 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90.
CONTENT: this Regulation lays down the maximum permitted levels of radioactive contamination of food, minor food and feed 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.
This Regulation also lays down the procedure to adopt or subsequently amend implementing Regulations laying down the applicable maximum permitted levels.
Applicable maximum permitted levels : if the Commission receives official information on a nuclear accident or on any other case of radiological emergency which is likely to lead to or has led to significant radioactive contamination of food and feed, it shall adopt an implementing Regulation rendering applicable maximum permitted levels to the potentially contaminated food or feed that could be placed on the market.
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 period of validity of implementing Regulations shall be as short as possible. The duration of the first implementing Regulation following a nuclear accident or any other case of radiological emergency shall not exceed 3 months. Implementing Regulations shall be periodically reviewed by the Commission and, if appropriate, amended on the basis of the nature and location of the accident and of the evolution of the level of radioactive contamination effectively measured.
When reviewing implementing Regulations, the Commission shall consult the group of experts referred to in Article 31 of the Treaty.
In duly justified cases, any Member State should have the possibility to request to be allowed to derogate temporarily from the maximum permitted levels of radioactive contamination in respect of specified food or feed consumed on its territory. Implementing Regulations should specify the food and feed to which the derogations apply, the types of radionuclides concerned, as well as the geographical scope and duration of the derogations.
Restrictive measures : when the Commission adopts an implementing Regulation rendering applicable maximum permitted levels, food or feed not in compliance with those maximum permitted levels shall not be placed on the market , as from the date specified in that implementing Regulation.
Each Member State shall provide the Commission with all information concerning the application of this Regulation. The Commission shall communicate such information to the other Member States. Any case of non-compliance with the applicable maximum permitted levels shall be notified through the Rapid Alert System for Food and Feed (RAFF).
Committee procedure : the Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed . Member States should ensure that, where draft implementing acts based on this Regulation are discussed by that Committee, their representatives have, or can rely on, adequate expertise in radiological protection.
Reporting : in the event of a nuclear accident or any other case of a radiological emergency which is likely to lead to or has led to significant radioactive contamination of food and feed, the Commission shall submit to the European Parliament and to the Council a report. The report shall cover the implementation of the measures undertaken pursuant to this Regulation and notified to the Commission.
ENTRY INTO FORCE: 9.2.2016.
The European Parliament adopted by 365 votes to 255, with 53 abstentions, a legislative resolution on the proposal for a Council regulation laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency.
Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary amended the Commission proposal as follows:
Legal basis : Members proposed changing the legal basis to Article 168(4)(b) and Article 114 of the Treaty on the Functioning of the European Union so as to give Parliament the power of codecision. This would mean that the ordinary legislative procedure would apply in this area.
Definitions : as regards the definitions of ‘food’, ‘feed’ and ‘placing on the market’ set out in the regulation, it is proposed to refer to Regulation (EC) No 178/2002 laying down the general principles and requirements of food law to avoid any future discrepancy with the definition provided by the Commission in its proposal.
Members also suggested that it is necessary to consider the possible contamination of packages and introduced the definition of ‘radiological emergency" situations.
The definition of ‘minor food’ has been deleted.
Practices which consist of blending foodstuffs containing concentrations above those permitted by the rules on maximum permitted levels of radioactive contamination in food and feed with uncontaminated or mildly contaminated foodstuffs, so as to obtain a product that complies with these rules, shall not be authorised.
Maximum permitted levels of radioactive contamination : 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.
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.
An amendment clarifies the Commission text by referring to the parameters used to determine the maximum permitted levels laid down in the annexes. The EU has extensive radioactivity protection where food is concerned, with levels far below those permitted internationally
The maximum permitted levels listed in Annexes I to III have been revised and are set out in the Commission’s Radiological Protection Publication 105. Specifically, they are based on a reference level of 1 mSv per year in addition to the individual dose as ingested, and suppose that 10 % of the food consumed annually is contaminated.
Implementing acts : in the event of the Commission receiving official information on accidents or on any other case of radiological emergency that contaminates food and feed, it shall adopt, in the shortest time possible, an implementing Regulation laying down maximum permitted levels of radioactivity that may not exceed those laid down in the Annexes to this Regulation.
When food or feed originating in the Union or imported from third countries poses a serious risk to human or animal health or to the environment, the Commission should, by means of implementing acts, adopt additional measures to ensure a high level of human and animal health protection.
Group of experts : in drawing up an implementing act, the Commission shall be assisted by an independent group of public health experts chosen on the basis of their knowledge and expertise in radiological protection and food safety. The Commission shall make public the composition of the committee of experts and its members' declarations of interests.
Review of the implementing acts and modification of the maximum permitted levels : the implementing acts shall be adopted in line with the nature and scope of the radiation and shall be reviewed as many times as is necessary with regard to the manner in which the contamination develops.
The Commission shall undertake to carry out the first review within one month at the latest following a nuclear accident or radiological emergency in order to modify, if necessary, the maximum permitted levels of radioactivity and the list of radionuclide
Nuclear liability regime : the Commission shall put in place a nuclear liability regime that is to address the concerns of all the Member States which might be affected by a nuclear accident; this system shall provide for appropriate compensation in case of nuclear accidents.
Controls regarding the respect of maximum permitted levels : Member States shall monitor compliance with the maximum permitted levels of radioactive contamination within their territories. They 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.
Information concerning the application of the Regulation : each Member State shall provide the Commission with all information concerning the application of this Regulation, in particular concerning: (i) the regular scheduling of checks on the maximum permitted levels on its national territory; (ii) cases of non-compliance with the maximum permitted levels; (iii) the identification of the national competent services in charge of the controls.
Cases of non-compliance with the maximum permitted levels shall be notified via the rapid alert system referred to in Regulation (EC) No 178/2002 of the European Parliament and of the Council.
Members insisted that, 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. Moreover, Member States shall provide information to the public, mainly by means of an online service, about the maximum permitted levels, emergency situations and cases of non-compliance with the maximum permitted levels. It shall also be notified about foodstuffs that could accumulate higher concentrations of radioactivity, and, in particular, about the product type, brand, origin and date of analysis.
Exportation of contaminated feed : 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.
Compensation to farmers : the Commission shall submit to the European Parliament and the Council, by 31 March 2017, a report on the appropriateness of a mechanism for compensating farmers whose foodstuffs have been contaminated beyond the maximum permitted levels of radioactive contamination. The report shall, if appropriate, be accompanied by a legislative proposal setting up such a mechanism.
Reports : 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; a report accompanied, where necessary, by a proposal to adapt those annexes and revise, if necessary, the list of radionuclides; a report giving details of the measures taken and the information notified in the event of a nuclear accident or other cause of a radiological emergency leading to contamination of food and feed.
The Committee on the Environment, Public Health and Food Safety adopted the report by Esther HERRANZ GARCÍA (EPP, ES) on the proposal for a Council regulation laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency.
The committee approved the Commission proposal as amended below:
Legal basis : Members proposed changing the legal basis to Article 168(4)(b) and Article 114 of the Treaty on the Functioning of the European Union, meaning that that ordinary legislative procedure would apply in this area.
Definitions : as regards the definitions of ‘food’, ‘feed’ and ‘placing on the market’ set out in the regulation, it is proposed to refer to Regulation (EC) No 178/2002 laying down the general principles and requirements of food law to avoid any future discrepancy with the definition provided by the Commission in its proposal.
Members also suggested that it is necessary to consider the possible contamination of packages and introduced the definition of ‘radiological emergency" situations.
Practices which consist of blending foodstuffs containing concentrations above those permitted by the rules on maximum permitted levels of radioactive contamination in food and feed with uncontaminated or mildly contaminated foodstuffs, so as to obtain a product that complies with these rules, shall not be authorised.
Maximum permitted levels of radioactive contamination : 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.
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.
An amendment clarifies the Commission text by referring to the parameters used to determine the maximum permitted levels laid down in the annexes. The EU has extensive radioactivity protection where food is concerned, with levels far below those permitted internationally
The maximum permitted levels listed in Annexes I to III have been revised and are set out in the Commission’s Radiological Protection Publication 105. Specifically, they are based on a reference level of 1 mSv per year in addition to the individual dose as ingested, and suppose that 10 % of the food consumed annually is contaminated.
Implementing acts : in the event of the Commission receiving official information on accidents or on any other case of radiological emergency that contaminates food and feed, it shall adopt, in the shortest time possible, an implementing Regulation laying down maximum permitted levels of radioactivity that may not exceed those laid down in the Annexes to this Regulation.
In drawing up that act, the Commission shall be assisted by an independent group of public health experts chosen on the basis of their knowledge and expertise in radiological protection and food safety. The Commission shall make public the composition of the committee of experts and its members' declarations of interests.
Review of the implementing acts and modification of the maximum permitted levels : the implementing acts shall be adopted in line with the nature and scope of the radiation and shall be reviewed as many times as is necessary with regard to the manner in which the contamination develops.
The Commission shall undertake to carry out the first review within one month at the latest following a nuclear accident or radiological emergency in order to modify, if necessary, the maximum permitted levels of radioactivity and the list of radionuclide
Nuclear liability regime : the Commission shall put in place a nuclear liability regime that is to address the concerns of all the Member States which might be affected by a nuclear accident; this system shall provide for appropriate compensation in case of nuclear accidents.
Controls regarding the respect of maximum permitted levels : Member States shall monitor compliance with the maximum permitted levels of radioactive contamination within their territories. They 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.
Information concerning the application of the Regulation : each Member State shall provide the Commission with all information concerning the application of this Regulation, in particular concerning: (i) the regular scheduling of checks on the maximum permitted levels on its national territory; (ii) cases of non-compliance with the maximum permitted levels; (iii) the identification of the national competent services in charge of the controls.
Cases of non-compliance with the maximum permitted levels shall be notified via the rapid alert system referred to in Regulation (EC) No 178/2002 of the European Parliament and of the Council. Member States shall provide information to the public, mainly by means of an online service, about the maximum permitted levels, emergency situations and cases of non-compliance with the maximum permitted levels. It shall also be notified about foodstuffs that could accumulate higher concentrations of radioactivity, and, in particular, about the product type, brand, origin and date of analysis.
Exportation of contaminated feed : 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.
Compensation to farmers : the Commission shall submit to the European Parliament and the Council, by 31 March 2017, a report on the appropriateness of a mechanism for compensating farmers whose foodstuffs have been contaminated beyond the maximum permitted levels of radioactive contamination. The report shall, if appropriate, be accompanied by a legislative proposal setting up such a mechanism.
Reports : 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; a report accompanied, where necessary, by a proposal to adapt those annexes and revise, if necessary, the list of radionuclides, after consultation of the Group of Experts in order to ensure that permitted levels laid down in the Annexes to this Regulation take account of any new or additional important data becoming available; a report giving details of the measures taken and the information notified in the event of a nuclear accident or other cause of a radiological emergency leading to contamination of food and feed.
PURPOSE: to lay down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: following the accident at the Chernobyl nuclear power-station on 26 April 1986, Council Regulation (Euratom) No 3954/87 laid down maximum permitted levels of radioactive contamination to be applied following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to significant radioactive contamination of food and feed.
The codification of Council Regulation (Euratom) No 3954/87 was initiated by the Commission, and a relevant proposal was submitted to the legislative authority.
In the course of the legislative procedure relating to that initial codification proposal, it was acknowledged that a provision appearing in the draft codified text provided for a reservation of implementing powers by the Council which was not justified in the recitals of Regulation (Euratom) No 3954/87.
In the light of the judgment of the Court of Justice of 6 May 2008 in Case C-133/06, it was considered necessary to insert a new recital in the new act replacing and repealing that Regulation in order to justify that reservation of implementing powers. In the light thereof, codification of Regulation (Euratom) No 3954/87, Regulation (Euratom) No 944/89 and Regulation (Euratom) No 770/90 was transformed into a recast in order to incorporate the said amendment, and a relevant proposal was submitted to the legislative authority.
In the course of the legislative procedure relating to that recast proposal, it became apparent that certain existing provisions contained in Regulation (Euratom) No 3954/87 have now become incompatible with the new "Comitology" system laid down in Regulation (EU) No 182/2011 of the European Parliament and of the Council. It has therefore been decided to withdraw the recast proposal and to draft a revised proposal of Regulation (Euratom) No 3954/87, which includes its consolidation and the implementation of the new "Comitology" system.
Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore measures were adopted imposing special conditions governing the import of feed and food originating in or consigned from Japan, in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health.
The Commission considers it necessary to set up a system allowing the European Atomic Energy 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 food and feed, to establish maximum permitted levels of radioactive contamination in order to protect the population.
In order to ensure uniform conditions for the implementation of this Regulation as regards rendering applicable the pre-established maximum permitted levels, implementing powers should be conferred on the Commission .
CONTENT: this proposal seeks to lay down the maximum permitted levels of radioactive contamination of food , the maximum permitted levels of minor food, and the maximum permitted levels of radioactive contamination of feed, 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.
In the event of the Commission receiving official information on accidents or on any other case of radiological emergency, substantiating that the maximum permitted levels for food, minor food or feed are likely to be reached or have been reached, it shall adopt, if the circumstances so require, an implementing Regulation rendering applicable those maximum permitted levels .
On duly justified imperative grounds of urgency relating to the circumstances of the nuclear accident or the radiological emergency, the Commission shall adopt an immediately applicable implementing Regulation in accordance with the examination procedure .
As soon as the Commission adopts an implementing Regulation rendering applicable maximum permitted levels, food or feed not in compliance with those maximum permitted levels shall not be placed on the market.
The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58 (1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council. That committee shall be considered as a committee within the meaning of Regulation (EU) No 182/2011.
Documents
- Final act published in Official Journal: Regulation 2016/52
- Final act published in Official Journal: OJ L 013 20.01.2016, p. 0002
- Commission response to text adopted in plenary: SP(2015)554
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0267/2015
- Committee report tabled for plenary, 1st reading/single reading: A8-0176/2015
- Specific opinion: PE552.009
- Amendments tabled in committee: PE551.762
- Committee draft report: PE546.837
- Economic and Social Committee: opinion, report: CES1556/2014
- Legislative proposal published: COM(2013)0943
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES1556/2014
- Committee draft report: PE546.837
- Amendments tabled in committee: PE551.762
- Specific opinion: PE552.009
- Commission response to text adopted in plenary: SP(2015)554
Activities
- Giovanni LA VIA
Plenary Speeches (4)
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (debate) IT
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (debate) IT
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (debate) IT
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (A8-0176/2015 - Esther Herranz García) IT
- Marijana PETIR
Plenary Speeches (3)
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (debate) HR
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (debate) HR
- 2016/11/22 Maximum permitted levels of radioactive contamination following a nuclear accident (A8-0176/2015 - Esther Herranz García) HR
- Pilar AYUSO
- Nicola CAPUTO
- Mireille D'ORNANO
- Doru-Claudian FRUNZULICĂ
- Anneli JÄÄTTEENMÄKI
- Josu JUARISTI ABAUNZ
- Notis MARIAS
- Maria Lidia SENRA RODRÍGUEZ
- Marina ALBIOL GUZMÁN
Plenary Speeches (1)
- Jean ARTHUIS
Plenary Speeches (1)
- Marie-Christine ARNAUTU
Plenary Speeches (1)
- Jonathan ARNOTT
Plenary Speeches (1)
- Zigmantas BALČYTIS
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Renata BRIANO
Plenary Speeches (1)
- Steeve BRIOIS
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- James CARVER
Plenary Speeches (1)
- Salvatore CICU
Plenary Speeches (1)
- Alberto CIRIO
Plenary Speeches (1)
- Therese COMODINI CACHIA
Plenary Speeches (1)
- Javier COUSO PERMUY
Plenary Speeches (1)
- Michel DANTIN
Plenary Speeches (1)
- Isabella DE MONTE
Plenary Speeches (1)
- Mark DEMESMAEKER
Plenary Speeches (1)
- Marielle DE SARNEZ
Plenary Speeches (1)
- Ian DUNCAN
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Lorenzo FONTANA
Plenary Speeches (1)
- Ashley FOX
Plenary Speeches (1)
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- Arne GERICKE
Plenary Speeches (1)
- Julie GIRLING
Plenary Speeches (1)
- Sylvie GODDYN
Plenary Speeches (1)
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Pablo IGLESIAS
Plenary Speeches (1)
- Marc JOULAUD
Plenary Speeches (1)
- Ivan JAKOVČIĆ
Plenary Speeches (1)
- Philippe JUVIN
Plenary Speeches (1)
- Barbara KAPPEL
Plenary Speeches (1)
- Elisabeth KÖSTINGER
Plenary Speeches (1)
- Marine LE PEN
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Ivana MALETIĆ
Plenary Speeches (1)
- Dominique MARTIN
Plenary Speeches (1)
- Jean-Luc MÉLENCHON
Plenary Speeches (1)
- Louis MICHEL
Plenary Speeches (1)
- Marlene MIZZI
Plenary Speeches (1)
- Sophie MONTEL
Plenary Speeches (1)
- Norica NICOLAI
Plenary Speeches (1)
- Liadh NÍ RIADA
Plenary Speeches (1)
- Franz OBERMAYR
Plenary Speeches (1)
- Marit PAULSEN
Plenary Speeches (1)
- Alojz PETERLE
Plenary Speeches (1)
- Florian PHILIPPOT
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Salvatore Domenico POGLIESE
Plenary Speeches (1)
- Franck PROUST
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Claude ROLIN
Plenary Speeches (1)
- Fernando RUAS
Plenary Speeches (1)
- Daciana Octavia SÂRBU
Plenary Speeches (1)
- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Branislav ŠKRIPEK
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Catherine STIHLER
Plenary Speeches (1)
- Patricija ŠULIN
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
- Claudiu Ciprian TĂNĂSESCU
Plenary Speeches (1)
- Claudia ȚAPARDEL
Plenary Speeches (1)
- Ramon TREMOSA i BALCELLS
Plenary Speeches (1)
- Elena VALENCIANO
Plenary Speeches (1)
- Marie-Christine VERGIAT
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Dame Glenis WILLMOTT
Plenary Speeches (1)
Votes
A8-0176/2015 - Esther Herranz García - Am 5 #
GUE/NGL
ENF
NIA8-0176/2015 - Esther Herranz García - Am 11 #
A8-0176/2015 - Esther Herranz García - Am 54 #
A8-0176/2015 - Esther Herranz García - Am 55S #
A8-0176/2015 - Esther Herranz García - Am 56 #
A8-0176/2015 - Esther Herranz García - Am 57S #
A8-0176/2015 - Esther Herranz García - Résolution législative #
| Amendments | Dossier |
| 92 |
2013/0451(NLE)
2015/03/06
ENVI
92 amendments...
Amendment 100 #
Proposal for a regulation 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) 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) 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 103 #
Proposal for a regulation Article 4 a (new) Article 4 a Member States may implement a voluntary system for labelling food and feed coming from an area affected directly or indirectly by a nuclear accident or radiological emergency.
Amendment 104 #
Proposal for a regulation 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 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 106 #
Proposal for a regulation Article 6 In order to ensure that the maximum permitted levels laid down in Annexes I, II and III take account of any new or additional important data becoming available, in particular with regard to scientific knowledge,
Amendment 107 #
Proposal for a regulation Article 6 In order to ensure that the maximum permitted levels laid down in 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
Amendment 108 #
Proposal for a regulation Article 6 In order to ensure that the maximum permitted levels laid down in 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 3
Amendment 109 #
Proposal for a regulation Article 6 In order to ensure that the maximum permitted levels laid down in the Annexes
Amendment 110 #
Proposal for a regulation Annex I Food (Bq/kg)1 Infant food2 Dairy Produce3 Other food Liquid food5 except minor food4
Amendment 111 #
Proposal for a regulation Annex I – column 1 – row 5 Alpha-emitting isotopes of plutonium and Alpha-emitting isotopes of plutonium and transplutonium elements, notably Pu-239, transplutonium elements, notably Pu-239, Am-241 Am-241, Pu-238, Pu-240
Amendment 112 #
Proposal for a regulation Annex I – row 4a to 4c (new) Food (Bq/kg)1 Infant food2 Dairy Produce3 Other food Liquid food5 except minor food4 Isotopes of 75 125 750 125 strontium, notably
Amendment 113 #
Proposal for a regulation Annex I Food (Bq/kg)1
Amendment 115 #
Proposal for a regulation Annex III – Introductory part Amendment 24 #
Draft legislative resolution Citation 2 a (new) – having regard to Article 294(3) and Article 168(4) of the Treaty on the Functioning of the European Union;
Amendment 25 #
Proposal for a regulation Title Amendment 26 #
Proposal for a regulation Title Proposal for a
Amendment 27 #
Proposal for a regulation Citation 1 Having regard to the Treaty
Amendment 28 #
Proposal for a regulation Citation 1 Having regard to the Treaty
Amendment 29 #
Proposal for a regulation Citation 1 Having regard to the Treaty
Amendment 30 #
Proposal for a regulation Recital 1 (1) Council Directive
Amendment 31 #
Proposal for a regulation 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 Union policies and activities.
Amendment 32 #
Proposal for a regulation 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 33 #
Proposal for a regulation Recital 2 (2) 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
Amendment 34 #
Proposal for a regulation Recital 2 (2) 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
Amendment 35 #
Proposal for a regulation Recital 2 a (new) (2a) It is a proven fact that higher doses of radiation have a harmful and destructive effect on the body's cells and can give rise to cancers.
Amendment 36 #
Proposal for a regulation Recital 2 b (new) (2b) It is important to set low thresholds for maximum permitted levels of radioactive contamination in food, to take into account the higher cumulative dose caused by contaminated food that is eaten over an extended period of time.
Amendment 37 #
Proposal for a regulation Recital 3 (3) Council Regulation (Euratom) No 3954/8717 lays down maximum permitted levels of radioactive contamination to be applied following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to significant radioactive contamination of food and feed. Those maximum permitted levels are still in line with the latest scientific advice as presently available internationally and should be periodically reviewed and updated to take into account new scientific evidence. __________________ 17 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 (OJ L 371, 30.12.1987, p. 11).
Amendment 38 #
Proposal for a regulation Recital 3 a (new) (3a) CODEX STAN 193-1995 (last reviewed in 2013) proposes specific criteria for radionuclides in food. These maximum levels laid down by the Codex Alimentarius Commission are more restrictive than Regulation (Euratom) No 3954/87 and also lower than in the Commission proposal regarding this Regulation. Moreover, Codex Standard 193 takes into account and sets maximum levels for a higher number of radionuclides.
Amendment 39 #
Proposal for a regulation Recital 4 (4) Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the
Amendment 40 #
Proposal for a regulation Recital 4 (4) Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore measures were adopted imposing special conditions governing the import of feed and food originating in or consigned from Japan, in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health. It should be noted that on 24 February 2012 the Japanese authorities adopted new maximum permitted levels for the sum of caesium-134 and caesium-137 as of 1 April 2012, and that those levels are lower than those laid down in Regulation (Euratom) No 3954/87. The levels set by the Japanese authorities for public health reasons are only applicable in the EU for products imported from Japan. The levels that apply to all other foodstuffs – which are higher than the Japanese levels – are therefore those laid down in Regulation (Euratom) No 3954/87. By way of an example, therefore, the maximum levels of caesium-134 and caesium-137 that are now authorised in Japan for food for infants and young children, and for dairy products, are 50Bq/kg, whilst in the EU they are 400Bq/kg and 1 000Bq/kg respectively.
Amendment 41 #
Proposal for a regulation Recital 5 (5) There is a need to set up a system allowing the
Amendment 42 #
Proposal for a regulation Recital 5 (5) There is a need to set up a system allowing the
Amendment 43 #
Proposal for a regulation Recital 6 (6) Maximum permitted levels of radioactive contamination should apply to food and feed originating in the Union or imported from third countries according to the location and circumstances of the nuclear accident or the radiological emergency, taking into account the effect of natural and cumulative radiation as it moves up the food chain. Periodic revisions of these levels should be in place.
Amendment 44 #
Proposal for a regulation Recital 6 (6) Maximum permitted levels of radioactive contamination laid down by the EU should apply to food and feed originating in the Union or imported from third countries according to the location and circumstances of the nuclear accident or the radiological emergency.
Amendment 45 #
Proposal for a regulation Recital 8 (8) In order to take into account that diets of infants during the first six months period of life may vary significantly, and to allow for uncertainties in the metabolism of infants during the second six months period of life, there is a benefit in extending the application of lower maximum permitted levels for foods for infants, to the whole first 12 months of age. Lower maximum permitted levels for foods should be applied to pregnant and breastfeeding women.
Amendment 46 #
Proposal for a regulation Recital 8 (8) In order to take into account that diets of infants during the first six months period of life may vary significantly, and to allow for uncertainties in the metabolism of infants during the second six months period of life, there is a benefit in extending the application of lower maximum permitted levels for foods for infants, to the whole first 12 months of age. There is as well a benefit in extending the application of lower maximum permitted levels for foods for pregnant and breastfeeding women.
Amendment 47 #
Proposal for a regulation Recital 8 (8) In order to take into account th
Amendment 48 #
Proposal for a regulation Recital 9 (9) In order to facilitate the adaptation of maximum permitted levels, in particular with regard to scientific knowledge
Amendment 49 #
Proposal for a regulation Recital 9 (9) In order to facilitate the adaptation of maximum permitted levels, in particular with regard to scientific knowledge, procedures for establishing the maximum permitted levels should include the consultation of
Amendment 50 #
Proposal for a regulation Recital 9 (9) In order to facilitate the adaptation of maximum permitted levels laid down by the EU, in particular with regard to scientific knowledge, procedures for establishing the maximum permitted levels should include the consultation of the Group of Experts referred to in Article 31 of the Treaty.
Amendment 51 #
Proposal for a regulation Recital 9 (9) In order to facilitate the adaptation of maximum permitted levels,
Amendment 52 #
Proposal for a regulation Recital 9 (9) In order to facilitate the adaptation of maximum permitted levels, in particular with regard to scientific knowledge, procedures for establishing the maximum permitted levels should include the consultation of the Group of Experts referred to in Article 31 of the Treaty. When the maximum levels are updated, account will need to be taken of more protective public health legislation in third countries, and in particular scientific data held by Japan.
Amendment 53 #
Proposal for a regulation Recital 9 a (new) (9a) Following the Opinion of the European Economic and Social Committee 2011/C 48/28, there is a need to take into account the Codex Alimentarius (CODEX STAN 193-1995) criteria when laying down maximum radionuclide levels. (http://www.fao.org/fileadmin/user_upload /livestockgov/documents/1_CXS_193e.pdf)
Amendment 54 #
Proposal for a regulation Recital 9 a (new) (9a) Following the Opinion of the European Economic and Social Committee 2011/C 48/28, the EFSA should be entrusted with the task of carrying out the risk analysis regarding radionuclides in food, as up-to-date risk analysis regarding radionuclides’ presence in European diet would make possible a more detailed regulation of some food groups according to their consumption frequency. The clearest example can be the dairy products; milk consumption and cheese consumption are included in the same group (dairy products), with the same maximum permitted levels, but the consumption level is very different for these two products.
Amendment 55 #
Proposal for a regulation 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 56 #
Proposal for a regulation Recital 9 b (new) (9b) The Group of Experts should also estimate the cumulative effect.
Amendment 57 #
Proposal for a regulation 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 58 #
Proposal for a regulation Recital 10 (10) In order to ensure that food and feed exceeding the maximum permitted levels are not placed on the market of the
Amendment 59 #
Proposal for a regulation Recital 10 (10) In order to ensure that food and feed
Amendment 60 #
Proposal for a regulation 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 (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 62 #
Proposal for a regulation Recital 13 (13) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to
Amendment 63 #
Proposal for a regulation 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) (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) (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 This Regulation lays down the maximum permitted levels of radioactive contamination of food as set out in Annex I,
Amendment 67 #
Proposal for a regulation Article 2 – point 1 – introductory part 1) ‘food’ means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans
Amendment 69 #
Proposal for a regulation Article 2 – point 1 – point b (b) live animals unless they are
Amendment 70 #
Proposal for a regulation Article 2 – point 2 Amendment 71 #
Proposal for a regulation Article 2 – point 3 3) ‘feed’ means any substance or product
Amendment 72 #
Proposal for a regulation Article 2 – point 4 a (new) 4a) "food/ feed contact materials" means packages and other materials intended to be in contact with food.
Amendment 73 #
Proposal for a regulation Article 2 – point 4 a (new) 4a)"radioactive substance" means any substance that contains one or more radionuclides, the activity or concentration of which cannot be disregarded as far as radiation protection is concerned;
Amendment 74 #
Proposal for a regulation Article 2 – point 4 b (new) 4b)"radiological emergency" situation means an unusual event that involves a radiation source and requires immediate intervention to mitigate any serious health or safety threats, or any adverse consequences to the quality of life, to property or to the environment, or represents a danger that could lead to such adverse consequences.
Amendment 75 #
Proposal for a regulation 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 76 #
Proposal for a regulation Article 3 – paragraph 1 1. In the event of the Commission receiving — in particular according to
Amendment 77 #
Proposal for a regulation Article 3 – paragraph 1 1. In the event of the Commission receiving
Amendment 78 #
Proposal for a regulation Article 3 – paragraph 1 1. In the event of the Commission receiving — in particular according to either the European Atomic Energy Community arrangements for the early exchange of information in case of a radiological emergency or under the IAEA Convention of 26 September 1986 on early notification of a nuclear accident — official information on accidents or on any other case of radiological emergency, substantiating that the maximum permitted levels for food, minor food or feed are likely to be reached or have been reached, it shall adopt
Amendment 79 #
Proposal for a regulation 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 80 #
Proposal for a regulation Article 3 – paragraph 2 2. On duly justified imperative grounds of urgency relating to the circumstances of the nuclear accident or the radiological emergency, the Commission shall adopt an immediately applicable implementing Regulation in accordance with the procedure referred to in Article 5(3) in full transparency and assisted by a committee of independent scientific experts on radiation, public health and food safety.
Amendment 81 #
Proposal for a regulation Article 3 – paragraph 2 2. On
Amendment 82 #
Proposal for a regulation 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
Amendment 83 #
Proposal for a regulation 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 Articles 168 and 114 of the TFEU and the basic safety standards laid down in accordance with
Amendment 84 #
Proposal for a regulation 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
Amendment 85 #
Proposal for a regulation 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
Amendment 86 #
Proposal for a regulation 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
Amendment 87 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 1. As soon as the Commission adopts an implementing Regulation rendering applicable maximum permitted levels, food or feed not in compliance with those maximum permitted levels shall not be placed on the market. Sanctions shall be applied in case of non-compliance.
Amendment 88 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 1. As soon as the Commission
Amendment 89 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 1. As soon as the Commission adopts an implementing Regulation rendering applicable maximum permitted levels, food, minor food, or feed not in compliance with those maximum permitted levels shall not be placed on the market.
Amendment 90 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 a (new) The Commission shall put in place a nuclear liability regime that is to address the concerns of all the Member States that might be affected by a nuclear accident; this system shall provide for appropriate compensation in case of nuclear accidents.
Amendment 91 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 Amendment 92 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 For the purposes of applying this Regulation, food, minor food, or feed imported from third countries shall be considered to be placed on the market if, on the customs territory of the Union, it
Amendment 93 #
Proposal for a regulation 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 94 #
Proposal for a regulation 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. With regard to transparency, the public shall have online access to information on non-compliance with maximum permitted levels. A call centre shall be established where emergency situations can be reported swiftly.
Amendment 95 #
Proposal for a regulation Article 4 – paragraph 2 2. Each Member State shall provide the Commission with all information concerning the application of this Regulation, in particular concerning: (a) the regular scheduling of checks on the maximum permitted levels on its national territory; (b) the persons responsible for administrative procedures for monitoring the maximum permitted levels; (c) cases of non-compliance with the maximum permitted levels.
Amendment 96 #
Proposal for a regulation 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 97 #
Proposal for a regulation 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
Amendment 98 #
Proposal for a regulation 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) 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.
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Economic and Social Committee
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| activities/0/docs/0/celexid |
CELEX:52013PC0943:EN
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| committees/2/date |
2014-02-13T00:00:00
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| committees/2/rapporteur |
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| activities/0/docs/0/celexid |
CELEX:52013PC0943:EN
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| activities/0/docs/0/celexid |
CELEX:52013PC0943:EN
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| activities/0/docs/0/text |
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| activities/0/commission/0 |
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| other/0 |
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| activities |
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| committees |
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| links |
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| other |
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| procedure |
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