2013/0451(NLE) | [ParlTrack]

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 #

Piernicola PEDICINI, Marco AFFRONTE, Eleonora EVI

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, ~~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 establishing the European Atomic Energy Community~~the Commission shall initiate studies with a view to adapting those Annexes to the latest scientific developments and shall inform the European Parliament and the Council of the findings.

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 ~~after consultation of the Group of Experts referred to in Article 31 of the Treaty establishing the European Atomic Energy Community~~to the European Parliament and the Council after consultation of the committee of independent experts referred to in Article 3(2).

Amendment 108 #

Proposal for a regulation
Article 6

Amendment 109 #

Proposal for a regulation
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 establ~~within 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 110 #

Teresa RODRIGUEZ-RUBIO

Proposal for a regulation
Annex I

Food (Bq/kg)1 Infant food2 Dairy Produce3 Other food Liquid food5 except minor food4 Isotopes of 75 75 ~~125~~ 100 75 100 ~~125~~ 100 strontium, notably Sr-90 Isotopes of iodine, 15 100 5 100 2 1000 ~~500~~ 100 notably I-131 Alpha-emitting 1 2 10 8 10 20 10 isotopes of plutonium and transplutonium elements, notably Pu-239, Am-241 All other nuclides 400 1000 125000 1000 of half-life greater than 10 days, notably Cs-134, Cs-1376 __________________ 1 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 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 under one of the following names: “infant formula”, “follow-on formula” “infant milk” and “follow-on milk”, in accordance with articles 11 and 12 of Commission Directive 2006/141/EC. 3 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 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 6 Carbon 14, tritium and potassium 40 are not included in this group.

Amendment 111 #

Teresa RODRIGUEZ-RUBIO

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 #

Teresa RODRIGUEZ-RUBIO

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 ~~Sr-90~~ Sr-90 Isotopes of iodine, 150 500 2000 500 notably I-131 Alpha-emitting 1 20 80 20 isotopes of plutonium and transplutonium elements, notably Pu-239, Am-241 All other nuclides 400 1000 1250 1000 of half-life greater than 10 days, notably Cs-134, Cs-1376 Ru-106, I-129, I- 100 100 100 100 131, U-235 S-356a, Co-60, Sr- 1000 1000 1000 1000 89, Ru-103, Ce- 144, Ir-192 H-36b, C-14, Tc- 1000 10000 10000 10000 99 __________________ 1 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 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 under one of the following names: “infant formula”, “follow-on formula” “infant milk” and “follow-on milk”, in accordance with articles 11 and 12 of Commission Directive 2006/141/EC. 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 4 Minor food and the corresponding levels to be applied to them are set out in Annex II. 5 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. 6a This represents the value for organically bound sulphur. 6b This represents the value for organically bound tritium.

Amendment 113 #

Proposal for a regulation
Annex I

Food (Bq/kg)1 ~~Infant f~~ Foods2 ~~Dairy~~Fresh milk Other food Liquid food5 specifically for and dairy including drinking infants and producets3 ~~except minor~~ water5 young ~~food4~~children Isotopes of strontium, 751 1250 750 ~~125~~ 10 notably Sr-90 Isotopes of iodine, notably 150 5010 ~~2 000~~ 50 ~~500~~10 I-131 Alpha-emitting isotopes of 0,01 200,1 805 ~~20 plutonium and transplutonium elements, notably Pu-239, Am-241~~0,1 of uranium and transuranic elements All other nuclides of half- ~~400~~1 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

~~[…]~~ deleted Or.

Amendment 115 #

Proposal for a regulation
Annex III – Introductory part

~~The maximum permitted levels for caesium-134 and caesium-137 shall be the following:~~ Pending the drafting and forwarding by the Commission of a report 1a to the Council and the European Parliament within three months of the entry into force of this Regulation, the maximum permitted levels for caesium-134 and caesium-137 shall be the following: __________________ 1aThe aim of this report shall be to assess the justification for the maximum permitted limits for the isotopes caesium- 134 and caesium-137 and make proposals for other key radionuclides. Justification must be provided for any decision not to set supplementary limits.

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

~~Proposal for a Council Regulation~~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 26 #

Proposal for a regulation
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 27 #

Proposal for a regulation
Citation 1

Having regard to the Treaty ~~establishing the European Atomic Energy Community~~on the Functioning of the European Union, and in particular Article~~s 31 and 32~~ 168(4) thereof,

Amendment 28 #

Proposal for a regulation
Citation 1

Having regard to the Treaty ~~establish~~on the Functioning of the European ~~Atomic Energy Community~~Union, and in particular Articles ~~31 and 32~~168(4) and 169(3), and Article 114 thereof,

Amendment 29 #

Proposal for a regulation
Citation 1

Having regard to the Treaty ~~establishing the European Atomic Energy Community~~on the Functioning of the European Union, and in particular Article~~s 31 and 32~~ 168(4) and Article 114 thereof,

Amendment 30 #

Proposal for a regulation
Recital 1

(1) Council Directive ~~96/2~~2013/59/Euratom16 lays down basic safety standards for ~~the~~ protection ~~of the health of workers and the general public~~ against the dangers arising from exposure to ionizsing radiation. __________________ 16 Council Directive ~~96/2~~2013/59/Euratom of ~~13 May 1996~~5 December 2013 laying down basic safety standards for the protection ~~of the health of workers and the general public~~ against the dangers arising from exposure to ionizsing radiation ~~(OJ L 159, 29.6.1996~~, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom(OJ L 13, 17.1.2014, p. 1.)

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 ~~levels~~ significant levels from ~~the~~a health point of view~~. M~~, causing life-threatening illnesses and health conditions. A high level of radioactive contamination still persists today. Given that the radioactive material released contaminated air, water, soil and vegetation, measures were adopted to ensure that certain agricultural products awere only introduced into the Union according to the common arrangements ~~which~~in order to safeguard the health of the population while maintaining the unified nature of the market and avoiding deflections of trade.

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 of view. Measures were adopted to ensure that certain agricultural products are only introduced into the Union according to ~~the~~ common arrangements ~~which safeguard the health of the~~. The fact that it is impossible to protect peop~~ulation while mai~~le against all contamin~~ing the unified nature of the market and avoiding deflections of trade~~ation pathways (in particular where contamination is airborne) shows that there are limits when it comes to controlling nuclear technology.

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

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 ~~European Atomic Energy Community~~Union, 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 popula~~ensure a high level of public health protection.

Amendment 42 #

Proposal for a regulation
Recital 5

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~~at 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~~e fragility of young children, there is a benefit in extending the application of lower maximum permitted levels for foods for infants~~, to the whol~~ and young children to fully cover the first 1236 months of ~~age~~their lives.

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~~, procedures for establishing the maximum permitted levels should include the consultation of the Group of Experts referred to in Article 31 of the Treaty~~ and technical progress at international level, the Commission should present a new proposal to adapt the maximum permitted levels to the European Parliament and the Council.

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 ~~the Group of Experts referred to in Article 31 of the Treaty~~a committee of independent scientific experts on public health and food safety, selected according to scientific criteria.

Amendment 50 #

Jean-François JALKH, Sylvie GODDYN

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, ~~in particular~~and only 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 should be taken of more protective public health legislation in third countries, and in particular scientific data held by Japan.

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 EUnion, compliance with these levels should be the subject of ~~appropriate checks~~thorough checks by the Member States and the Commission; sanctions for non-compliance should be applied and the public informed accordingly.

Amendment 59 #

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 EUnion, compliance with these levels should be the subject of appropriate checks, though the establishment of a regulated authority in order to assure the compliance of the regulation by the Member States.

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

Amendment 62 #

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. When they are aware of a radioactivity risk covered by this Regulation, the Member States themselves must be able to take urgent action without waiting for the Commission to act under Article 36 of the Treaty on the Functioning of the European Union.

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 #

Jean-François JALKH, Sylvie GODDYN

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, ~~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 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, or animals, including drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment; ‘food’ does not include:

Amendment 68 #

Jean-François JALKH, Sylvie GODDYN, Mireille D'ORNANO

Proposal for a regulation
Article 2 – point 1 – point a

~~(a) fe~~deleted;

Amendment 69 #

Jean-François JALKH, Sylvie GODDYN, Mireille D'ORNANO

Proposal for a regulation
Article 2 – point 1 – point b

(b) live animals unless they are prepared for placing on the market for human consumption;

Amendment 70 #

Proposal for a regulation
Article 2 – point 2

~~2) "minor food" means food of minor dietary importance which makes only a marginal contribution to food consumption by the population;~~deleted

Amendment 71 #

Tibor SZANYI

Proposal for a regulation
Article 2 – point 3

3) ‘feed’ means any substance or product~~, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;~~ as defined in Article 3 of the Regulation (EC) No 178/2002 of the European Parliament and of the Council1a, including 'medicated feed' as defined in point (a) of Article 2(2) of Regulation (EU) 2015/...1b; _____________ 1aRegulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 031, 1.2.2002, p.1). 1bOJ Please insert the publication reference of document in procedure 2014/0255 (COD).

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 #

Nicola CAPUTO

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~~of radioactive contamination of 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~~ an implementing Regulation laying down maximum levels of radioactive residues in food, which may not exceed the levels specified in the Annexes to this Regulation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(2).

Amendment 77 #

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,~~ if the circumstances so require, the Commission shall adopt, in the shortest time possible, an implementing Regulation rendering applicable those maximum permitted levels. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(2).

Amendment 78 #

José Inácio FARIA

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~~, if the circumstances so require,~~ an implementing Regulation rendering applicable those maximum permitted levels. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(2).

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 #

Nicola CAPUTO

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).

Amendment 82 #