8.12.2015 EN Official Journal of the European Union C 407/8 COMMISSION DECISION of 24 November 2015 on the coordination of the actions of the Union and of the Member States through a coordination mechanism — the Refugee Facility for Turkey (2015/C 407/07) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular its Articles 210(2) and 214(6), Whereas: (1) The international community faces an unprecedented refugee crisis which requires solidarity, togetherness and efficiency. Challenges are common and responses need to be coordinated. (2) Due to its geographical position Turkey is a major first reception and transit country for migrants that will by the end of 2015 be hosting more than 2 million of asylum seekers and refugees, the highest number in the world. Turkey is making commendable efforts to provide massive humanitarian aid and support to an unprecedented and continuously increasing influx of people seeking refuge and has already spent more than EUR 7 billion of its own resources on addressing this crisis. (3) Turkey and the EU are determined to confront and surmount the existing challenges in a concerted manner. To this end, a policy document reflecting the understanding between the European Union and the Republic of Turkey to step up their cooperation on support of Syrians under temporary protection and migration management in a coordinated effort to address the crisis (hereinafter: ‘the EU-Turkey Joint Action Plan’), agreed ad referendum by Turkey on 15 October 2015, aims to address the refugee crisis and migration management. The European Council Conclusions the same day welcomed ‘the joint Action Plan with Turkey as a part of a comprehensive cooperation based on shared responsibility, mutual commitments and delivery’ and stated that ‘the EU and its Member States stand ready to increase cooperation with Turkey and step up their political and financial engagement substantially within the established framework’. (4) As foreseen in the EU-Turkey Joint Action Plan, the EU needs to mobilise substantial new financial resources, in a sustained and responsive manner to assist Turkey in addressing the emerging needs and coping with the challenge represented by the presence of Syrians under temporary protection. The funds should be mobilised in the most flexible and rapid way possible. The identification of the priorities and the areas where they should be allocated should be decided in consultation with the Turkish authorities, except for actions providing immediate humanitarian assistance. Priority will be given to immediate humanitarian, development and other assistance to refugees and host communities, national and local authorities in managing and addressing the consequences of the inflows of refugees should be provided. (5) The European Union and Member States budgets have so far mobilised a total of EUR 3,6 billion since the start of the Syrian conflict (around EUR 1,6 billion from the Union budget and EUR 2,0 billion from Member States), making them the main world donor in addressing the consequences of this crisis. This assistance has allowed for urgent delivery of humanitarian assistance and supported the national and local capacities to deliver services for those affected by the crisis (education, health, basic services such as water and waste management services, support to livelihoods). However, the various European Union instruments and Member States’ programmes work in parallel through various bilateral channels (United Nations (UN) agencies, Non-Governmental Organisations, national agencies, host country governments). (6) Title III of Part Five of the Treaty on the Functioning of the European Union (TFEU) concerns, inter alia, development cooperation with third countries and humanitarian aid. The exercise of the Union’s competence in these areas does not result in Member States being prevented from exercising their competence, in accordance with Article 4(4) TFEU. (7) Turkey is included in the OECD Development Assistance Committee’s list of Official Development Assistance recipient countries as ‘upper middle income country’. (8) Pursuant to Article 210(1) TFEU the Union and the Member States shall coordinate their respective policies and shall consult each other. An increased coordination is therefore needed. In accordance with Articles 210(2) and 214(6) TFEU, the Commission may take any useful initiative to promote coordination between actions of the Union and those of the Member States, in order to enhance the efficiency and complementarity of Union and national aid measures. (9) The overall objective of the Turkey Facility is to coordinate and streamline actions financed from the Union’s budget and bilateral contributions from Member States in order to enhance the efficiency and complementarity of support provided to refugees and host communities in Turkey. (10) EU and Member States assistance shall enable a comprehensive response commensurate to the challenges. This response should contribute to mitigating the consequences of the refugee influx both for the refugees and for Turkey as a host country. It should bring together funds and actions from the EU and its Member States to address the needs in a coordinated and comprehensive manner. (11) EU instruments currently used in response to the Syrian crisis, such as the European Neighbourhood Instrument (ENI) (1), the Development Cooperation Instrument (DCI) (2), the Instrument for Pre-Accession Assistance (IPA II) (3), the Instrument contributing to Stability and Peace (IcSP) (4) and funding under Council Regulation (EC) No 1257/96 concerning humanitarian aid (5) may contribute to the Turkey Facility within the limits laid down in the multiannual financial framework 2014-20. Any humanitarian assistance under the Turkey Facility shall be administered and provided in full respect for humanitarian principles and the European Consensus on Humanitarian Aid (6). (12) Actions and measures to be financed by the Union’s budget will be implemented in accordance with its financial rules and regulations — which includes both direct and indirect management and Union trust funds as one of the implementing tools foreseen in line with Article 4 of Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union’s instruments for financing external action (7). (13) The Commission acknowledges the expressed intentions of the Member States to contribute EUR 2 500 000 000 out of a total amount of EUR 3 000 000 000. The Commission invites Member States to commit formally their financial share in line with the breakdown described in the Annex which uses the GNI-key. (14) The Commission notes that there is currently a ‘windfall’ of ‘other revenue’ and customs duties of EUR 2 300 000 000 in the 2015 EU budget; this revenue comes from a higher level of collected competition fines, revenues from investments and loans granted, penalties, late payment interests and higher than expected customs duties. This amount of EUR 2 300 000 000 is part of draft amending budget 8/2015 recently adopted by the European Parliament and Council. These windfall revenues from the 2015 budget will be deducted from the contributions of the Member States to the EU Budget. (15) Financial contributions from Member States should be included into the Union’s budget as external assigned revenue in accordance with Article 21(2)(b) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (8), HAS DECIDED AS FOLLOWS: Article 1 Establishment of the Refugee Facility for Turkey This Decision establishes a coordination mechanism — the Refugee Facility for Turkey (‘the Facility’) — to assist Turkey in addressing the immediate humanitarian and development needs of the refugees and their host communities, national and local authorities in managing and addressing the consequences of the inflow of refugees. Article 2 Objectives of the Facility 1. The Facility aims at coordinating and streamlining actions financed from the Union’s budget and bilateral contributions from Member States. 2. Its specific objective is to enhance the efficiency and complementarity of support provided to refugees and host communities in Turkey. 3. The Commission shall ensure that all actions undertaken under the Union’s external financing instruments as well as individual measures by Member States are complementary to those coordinated under the Facility. Article 3 Scope and form of support 1. The Commission shall coordinate the Union and Member States’ actions by setting priorities and by coordinating the allocation of resources. It will do so in accordance with the mechanism set out in Article 5 of the present Decision. 2. Through the Facility the provision of humanitarian, development and other assistance to refugees and host communities, national and local authorities in managing and addressing the consequences of the inflows of refugees will be coordinated. 3. The assistance may take the form of grants, except if the nature of the project to be financed requires another form of support, in line with Article 4 of Regulation (EU) No 236/2014. 4. The Commission shall ensure that equality between men and women and the integration of the gender perspective are taken into account and promoted during the various stages of the implementation of the Facility. The Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in obtaining access to the projects supported by the Facility. Article 4 Coordination of resources under the Facility 1. The Facility shall coordinate an amount of EUR 3 000 000 000. 2. EUR 500 000 000 out of the overall amount shall be financed from the EU budget, subject to subsequent individual financing decisions in accordance with Article 84(2) of Regulation (EU, Euratom) No 966/2012 and in accordance with its financial rules and the requirements of the respective basic act. 3. On the basis of their pledged financial contributions, Member States shall provide an amount of EUR 2 500 000 000, in accordance with the breakdown set out in the Annex to the present Decision. Article 5 Steering committee 1. The steering committee of the Facility shall provide strategic guidance on the coordination of the assistance to be delivered. It shall also permanently monitor the implementation of the Facility. The steering committee shall be composed of two representatives of the Commission and one representative of each Member State. Turkey shall be member of the steering committee in an advisory capacity, so as to ensure full coordination of the actions on the ground, except for actions providing immediate humanitarian assistance. The Commission shall chair the steering committee. It shall be ensured that Member States and the Commission representatives in the Committee are not in a situation of conflict of interests, as defined by Regulation (EU, Euratom) No 966/2012. 2. The Commission shall retain the responsibility for the final decision on the setting of priorities, on the identification of actions and on the allocation of funds, while seeking to reach a consensus whenever possible. 3. Upon proposal by the Commission, the steering committee shall draw up and adopt its rules of procedure within two months of the date of adoption of this Decision. 4. The secretariat of the facility shall be provided by the Commission. Article 6 Implementation modalities 1. The Commission shall select and coordinate the implementation of the relevant actions, in particular through ex-ante screening of proposed actions. 2. Priority will be given to actions providing immediate humanitarian, development and other assistance to refugees and host communities, national and local authorities in managing and addressing the consequences of the inflows of refugees. The Turkish authorities shall be consulted in respect to all actions other than those providing immediate humanitarian assistance. The Commission shall have regular meetings with the Member States competent authorities and the appropriate authorities in Turkey. 3. Actions and measures to be financed by the Union’s budget will be implemented in accordance with its financial rules and the requirements of the respective basic act. 4. Member States’ contributions aimed at financing actions and measures selected and coordinated in accordance with the present Decision shall be included into the Union’s budget as external assigned revenue in accordance with Article 21(2)(b) of Regulation (EU, Euratom) No 966/2012. These financial contributions shall either be implemented directly by the Commission pursuant to point (a) of Article 58(1) of Regulation (EU, Euratom) No 966/2012 or indirectly by entrusting budget implementation tasks to entities pursuant to Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012, including bodies governed by the private law of a Member State. 5. Actions providing immediate humanitarian assistance which are coordinated under the Facility will be selected and implemented in accordance with the principles laid down in the European Consensus on Humanitarian Aid. Article 7 Visibility The Commission shall provide information on and promote the actions supported by the Facility so as to ensure its visibility. Article 8 Information, monitoring and evaluation 1. The Commission shall keep the European Parliament and the Council regularly informed about the implementation of the Facility. 2. The Commission shall report annually to the European Parliament and to the Council on the implementation of the Facility. 3. The Commission shall carry out an evaluation of the Facility in full coordination with the Member States by 31 December 2019. Article 9 Final provisions 1. This Facility is established as from 1 January 2016 for financial contributions under the budgetary years 2016 and 2017. By 21 December 2015, Member States shall communicate the timing of their contributions, including their envisaged payment schedule for 2016-17 to the Commission. 2. The Commission shall review the financial capacity, duration and nature of the funding by 31 December 2016. Done at Strasbourg, 24 November 2015. For the Commission Johannes HAHN Member of the Commission (1) Regulation (EU) No 232/2014 of the European Parliament and of the Council establishing a European Neighbourhood Instrument (OJ L 77, 15.3.2014, p. 27). (2) Regulation (EU) No 233/2014 of the European Parliament and of the Council establishing a financing instrument for development cooperation (OJ L 77, 15.3.2014, p. 44). (3) Regulation (EU) No 231/2014 of the European Parliament and of the Council establishing an Instrument for Pre-accession Assistance (OJ L 77, 15.3.2014, p. 11). (4) Regulation (EU) No 230/2014 of the European Parliament and of the Council establishing an instrument contributing to stability and peace (OJ L 77, 15.3.2014, p. 1). (5) OJ L 163, 2.7.1996, p. 1. (6) Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the European Commission ‘The European Consensus on Humanitarian Aid’ (OJ C 25, 30.1.2008, p. 1). (7) OJ L 77, 15.3.2014, p. 95. (8) OJ L 298, 26.10.2012, p. 1. ANNEX Member State 1 % of gross national income (EUR) GNI key National contribution for the Turkey Refugee Facility (EUR) Belgium 4 044 908 000 2,88 % 72 055 025,81 Bulgaria 412 388 025 0,29 % 7 346 181,86 Czech Republic 1 429 950 658 1,02 % 25 472 799,77 Denmark 2 691 551 852 1,92 % 47 946 662,36 Germany 29 998 426 500 21,38 % 534 384 810,63 Estonia 195 941 500 0,14 % 3 490 455,12 Ireland 1 605 484 000 1,14 % 28 599 708,83 Greece 1 758 757 000 1,25 % 31 330 077,48 Spain 10 723 591 000 7,64 % 191 027 490,92 France 21 697 735 000 15,46 % 386 518 273,19 Croatia 414 701 663 0,30 % 7 387 396,46 Italy 15 782 177 500 11,25 % 281 139 943,61 Cyprus 162 048 000 0,12 % 2 886 684,40 Latvia 245 937 500 0,18 % 4 381 071,93 Lithuania 363 756 951 0,26 % 6 479 879,52 Luxembourg 302 768 000 0,22 % 5 393 436,90 Hungary 1 028 794 578 0,73 % 18 326 701,09 Malta 79 473 735 0,06 % 1 415 726,15 Netherlands 6 589 010 000 4,70 % 117 375 051,69 Austria 3 201 701 000 2,28 % 57 034 337,54 Poland 3 997 275 344 2,85 % 71 206 509,04 Portugal 1 708 890 500 1,22 % 30 441 767,55 Romania 1 517 506 692 1,08 % 27 032 502,06 Slovenia 366 916 000 0,26 % 6 536 154,06 Slovakia 737 276 500 0,53 % 13 133 667,62 Finland 1 992 220 500 1,42 % 35 488 940,55 Sweden 4 301 727 510 3,07 % 76 629 947,27 United Kingdom 22 990 023 751 16,38 % 409 538 796,60 Total 140 340 939 259 1 2 500 000 000,00

Summary: Facility for Refugees in Turkey Facility for Refugees in Turkey SUMMARY OF: Commission Decision C(2015) 9500 — Refugee Facility for Turkey Commission Decision C(2016) 855 — amending Decision C(2015) 9500 Commission Decision C(2017) 2293 — Facility for Refugees for Turkey Commission Decision C(2018) 1500 amending Decision C(2015) 9500 — contribution to the Facility for Refugees in Turkey WHAT IS THE AIM OF THE DECISIONS? Decision C(2015) 9500 aims to help Turkey deal with the inflow of refugees* resulting from the Syrian crisis, Turkey being a major first reception and transit country for migrants due to its geographical position. It sets up the Refugee Facility for Turkey (the ‘Facility’). Decision C(2016) 855 amends Decision C(2015) 9500, clarifying the scope of actions, other than humanitarian assistance, the Facility will coordinate, as well as the role and operation of the Facility’s steering committee. It also modifies the split of allocations between the general budget of the EU and EU countries’ contributions. Decision C(2017) 2293 amends Decision C(2015) 9500, clarifying that no interest is due for the late payment by an EU country of a contribution to the Facility. Decision C(2018) 1500 amends Decision C(2015) 9500, granting an additional tranche of €3 billion for the Facility as stated in the EU-Turkey Statement of March 2016. KEY POINTS OF THE 2015 DECISION To assist Turkey in addressing the immediate humanitarian and development needs of the refugees, their host communities, national and local authorities a coordination mechanism is established: the Refugee Facility. The Facility’s objective is to ensure that actions financed with financial contributions from the EU countries and the general budget of the EU are properly coordinated and streamlined. The budget set for the Facility is €3 billion, comprising: €0.5 billion from the EU budget; and€2.5 billion in the form of contributions from the EU countries as external assigned revenue*, according to a breakdown set in the annex to the decision and based on the Gross National Income Key*. The European Commission coordinates the Facility by setting priorities for the allocation of resources. The Facility is led by a steering committee providing strategic guidance. This committee is composed of two Commission representatives and a representative from each EU country, as well as a representative of Turkey in an advisory capacity. The Commission chairs the committee and provides its secretariat. The Commission is responsible for managing the Facility in compliance with the relevant EU legislation providing the legal basis for the respective actions and their implementation. Amendments in 2016, 2017 and 2018 The decision was amended in 2016 by Decision C/2016/855: The mechanism is renamed ‘Facility for Refugees in Turkey’. It clarifies the types of measures to refugees that may be coordinated through the Facility. These include humanitarian assistance;education;health;socio-economic support;migration management; andmunicipal infrastructure. The role and functioning of the steering committee is further detailed. The Facility’s budget is revised as follows: within the €3 billion budget, the share of the contribution from the general EU budget is increased to one third;the share of the EU countries is reduced to €2 billion;the breakdown of contributions between EU countries is based on the Gross National Income Key used for the 2015 budget (the annex has been deleted). Because the decision still referred to Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the EU’s general budget, the decision was amended a second time in 2017 by Decision C(2017) 2293. It clarifies that: EU countries’ contributions to the Facility are voluntary and, unlike in the case of the EU’s own resources (i.e. the EU budget’s main sources of revenue), do not correspond to a pre-existing obligation; as an exception to the financial rules that apply to the EU’s general budget, no interest is due for the late payment by an EU country of a contribution to the Facility. In 2018, the decision was amended again further to the undertaking by the EU in the 2016 EU-Turkey Statement to mobilise a further €3 billion under the Facility for Refugees, under certain conditions, because the initially allocated €3 billion were about to be used to the full. This second tranche — to ensure the continuity of the Facility’s work for the 2018–2019 period — would follow the same pattern of distribution (i.e. €2 billion from EU countries and €1 billion from the EU budget). Reports The Commission publishes annual reports on the Facility’s operations. FROM WHEN DO THE DECISIONS APPLY? Decision C(2015) 9500 has applied since 1 January 2016. Decision C(2016 855 has applied since 7 March 2016. Decision C(2017) 2293 has applied retroactively from 10 February 2016, in order to cover the contributions already made by EU countries. Decision C(2018) 1500 has applied since 14 March 2018. BACKGROUND For more information, see: EU Facility for Refugees in Turkey (European Commission). KEY TERMS Refugees: people forced to leave their country and seek refuge from conflicts, violence, human rights violations, persecutions and natural disasters. External assigned revenue: funds that are not part of the EU budget and come separately from the parties participating in the Facility. Gross National Income Key: a matrix containing countries’ Gross National Income data which is used to determine fair burden-sharing. MAIN DOCUMENTS Commission Decision C(2018)1500 of 14 March 2018 on the Facility for Refugees in Turkey amending Commission Decision C(2015) 9500 as regards the contribution to the Facility for Refugees in Turkey (OJ C 106, 21.3.2018, pp. 4-6) Communication from the Commission to the European Parliament and the Council — Second Annual Report on the Facility for Refugees in Turkey (COM(2018) 91 final, 14.3.2018) Commission Decision C(2017) 2293 of 18 April 2017 on the Facility for Refugees in Turkey amending Commission Decision C(2015) 9500 of 24 November 2015 (OJ C 122, 19.4.2017, pp. 4-5) Communication from the Commission to the European Parliament and the Council — First Annual Report on the Facility for Refugees in Turkey (COM(2017) 130 final, 2.3.2017) Commission Decision C(2016) 855 of 10 February 2016 on the Facility for Refugees in Turkey, amending Commission Decision C(2015) 9500 of 24 November 2015 (OJ C 60, 16.2.2016, pp. 3-6) Commission Decision C(2015) 9500 of 24 November 2015 on the coordination of the actions of the Union and of the Member States through a coordination mechanism — the Refugee Facility for Turkey (OJ C 407, 8.12.2015, pp. 8-13) Successive amendments to Decision C(2015) 9500 have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, pp. 1-96) See consolidated version. last update 13.10.2017


18.11.2015 EN Official Journal of the European Union L 301/47 COUNCIL DECISION (EU) 2015/2071 of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2), in conjunction with Article 218(6)(a)(v) thereof, Having regard to the proposal from the European Commission, Having regard to the consent of the European Parliament, Whereas: (1) The Union is promoting the ratification of international labour conventions, classified by the International Labour Organisation (ILO) as up to date, to contribute to the Union's efforts to promote human rights and decent work for all and to eradicate trafficking in human beings both inside and outside the Union. The protection of fundamental principles and rights at work is a key aspect of that promotion. (2) The Forced Labour Convention, 1930, of the International Labour Organisation, which the Protocol of 2014 supplements, is a fundamental ILO Convention and has a bearing on rules which make reference to core labour standards. (3) In so far as the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation (‘the Protocol’) covers the area of protection of victims of crime governed by Article 82(2) of the Treaty on the Functioning of the European Union (TFEU), the Union has already adopted common rules which cover this area to a large extent, in particular through Directive 2011/36/EU of the European Parliament and of the Council (1) and Directive 2012/29/EU of the European Parliament and of the Council (2). The Protocol may affect those common rules. (4) Article 19(4) of the ILO Constitution, on the adoption and ratification of Conventions, similarly applies to Protocols, which are binding international agreements, subject to ratification and linked to Conventions. (5) The Union cannot ratify the Protocol as only States can be parties thereto. (6) Member States should therefore be authorised to ratify the Protocol, acting jointly in the interests of the Union, with regard to those parts falling within Union competence in accordance with Article 82(2) TFEU. (7) Articles 1 to 4 of the Protocol contain obligations relating to Union legislation concerning the protection of victims of crimes. As a consequence, those provisions fall within the scope of Title V of Part Three TFEU, in particular Article 82(2) thereof. (8) Article 82(2) TFEU is the only legal basis that this Decision should be based on. The Protocol, in particular Article 4 thereof, also refers to the residence status of victims of forced or compulsory labour to the extent that this is required to enable those victims to have access to appropriate and effective remedies. However, this objective, which relates to Article 79 TFEU, is merely incidental whilst the objectives relating to Article 82(2) TFEU are identifiable as the predominant aim and component. (9) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. (10) The United Kingdom and Ireland are bound by Directive 2011/36/EU and Directive 2012/29/EU, and are therefore taking part in the adoption of this Decision. (11) Member States should be authorised to ratify the Protocol with regard to matters relating to judicial cooperation in criminal matters contained in Articles 1 to 4 thereof. The parts of the Protocol falling within the competence conferred upon the Union, other than the parts related to judicial cooperation in criminal matters, will be subject to a Decision adopted in parallel to this Decision, HAS ADOPTED THIS DECISION: Article 1 Member States are hereby authorised to ratify, for the parts, contained in Articles 1 to 4 of the Protocol, falling within the competence conferred upon the European Union under Article 82(2) TFEU, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation. Article 2 Member States should take the necessary steps to deposit their instruments of ratification of the Protocol with the Director-General of the International Labour Office as soon as possible, preferably by 31 December 2016. Article 3 This Decision is addressed to the Member States. Done at Brussels, 10 November 2015. For the Council The President P. GRAMEGNA (1) Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). (2) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

Summary: ILO Forced Labour Protocol: ratification by EU countries ILO Forced Labour Protocol: ratification by EU countries SUMMARY OF: Council Decision (EU) 2015/2037 authorising EU countries to ratify the Protocol of 2014 to the Forced Labour Convention (1930), as regards matters relating to social policy Council Decision (EU) 2015/2071 authorising EU countries to ratify the Protocol of 2014 to the Forced Labour Convention (1930), as regards Articles 1 to 4 of the Protocol, relating to judicial cooperation in criminal matters SUMMARY WHAT DO THESE DECISIONS DO? They authorise EU governments to ratify the Protocol which the International Labour Organisation (ILO) adopted in 2014 and call for them to do so by the end of 2016. This gives new impetus to ILO’s Forced Labour Convention of 1930 in preventing the use of forced labour, in particular in the context of trafficking in persons, protecting victims and providing access to remedies. KEY POINTS The ILO Forced Labour Protocol covers areas of social policy and judicial cooperation in criminal matters which come under the EU’s competence. The EU as such cannot ratify the protocol. Only individual EU countries may do so. The 2 decisions authorise EU governments to ratify the text, ‘acting jointly in the interests of the Union’. Decision 2015/2037 covers areas of social policy in the Protocol, such as the employment relationship, working time, temporary agency work, and health and safety at work which are already the object of EU legislation. Decision 2015/2071 covers criminal matters in the Protocol, such as the protection of victims of crime. The EU has already legislated in this area with directives on combating trafficking in human beings and protection of victims. On the basis of its opt-out for the area of freedom, security and justice, Denmark is not bound by Decision 2015/2071. Countries ratifying the Forced Labour Protocol are required to develop a national policy and plan of action and engage in international cooperation for the suppression of forced labour, in consultation with social partners. They must take measures to prevent forced labour, to improve the protection of victims and to provide them access to remedies, including compensation. BACKGROUND Forced labour is work performed involuntarily and under coercion and is universally recognised as a crime since the ILO landmark Forced Labour Convention No 29 as adopted in 1930. However, the ILO estimates that 20.9 million people around the world are still victims of forced labour. The vast majority of them are now in the private economy, in particular in the form of trafficking for labour exploitation. The Forced Labour Protocol and Recommendation, adopted by the ILO in 2014, aim at stepping up the global fight against all forms of forced labour. FROM WHEN DO THE DECISIONS APPLY? They apply from 12 November 2015. EU countries should take the necessary steps to deposit their instruments of ratification by 31 December 2016. BACKGROUND For more information, see International Labour Standards on Forced Labour on the International Labour Organisation’s website ACTS Council Decision (EU) 2015/2037 of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation with regard to matters relating to social policy (OJ L 298, 14.11.2015, pp. 23-24) Council Decision (EU) 2015/2071 of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters (OJ L 301, 18.11.2015, pp. 47-48) RELATED ACTS Protocol of 2014 to the Forced Labour Convention, 1930 last update 17.03.2016


20.1.2016 EN Official Journal of the European Union L 13/2 COUNCIL REGULATION (Euratom) 2016/52 of 15 January 2016 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof, Having regard to the proposal from the European Commission, drawn up after obtaining the opinion of the group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Whereas: (1) Council Directive 2013/59/Euratom (3) lays down basic safety standards for the protection against the dangers arising from exposure to ionising radiation. (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 food and feed in several European countries to levels that were significant from the point of view of health. Measures were adopted to ensure that certain agricultural products are only introduced into the Union in accordance with the common arrangements which safeguard the health of the population while maintaining the unified nature of the market and avoiding deflections of trade. (3) Council Regulation (Euratom) No 3954/87 (4) 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. The basis for the establishment of the maximum permitted levels set out in this Regulation has been reviewed and described in the Commission Radiation Protection Publication 105 (EU Food Restriction Criteria for Application after an Accident). In particular, those levels are based on a reference level of 1 mSv per year for the increment in individual effective dose by ingestion and on the assumption that 10 % of food consumed annually is contaminated. However, different assumptions apply to infants under 1 year. (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 could constitute a threat to public and animal health in the Union and therefore measures were adopted imposing special conditions governing the import of food and feed originating in or consigned from Japan, in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, established by Regulation (EC) No 178/2002 of the European Parliament and of the Council (5). (5) There is a need to set up a system allowing the Community, following a nuclear accident or any other case of radiological emergency which is likely to lead or has led to a significant radioactive contamination of food and feed, to establish maximum permitted levels of radioactive contamination regarding products to be placed on the market in order to protect the population. (6) Like other food, drinking water is ingested directly or indirectly and therefore plays a role in the consumer's overall exposure to radioactive substances. With regard to radioactive substances, quality control of water intended for human consumption is already provided for in Council Directive 2013/51/Euratom (6), with the exclusion of mineral waters and waters which are medicinal products. This Regulation should apply to food, minor food and feed which could be placed on the market following a nuclear accident or any other case of radiological emergency, and not to water intended for human consumption for which Directive 2013/51/Euratom applies. However, in the case of a radiological emergency, Member States are free to choose to refer to the maximum levels for liquid food set out in this Regulation in order to manage the use of water intended for human consumption. (7) Maximum permitted levels of radioactive contamination should apply to food and feed originating in the Union or imported from third countries on the basis of the location and circumstances of the nuclear accident or other radiological emergency. (8) The Commission is to be informed of a nuclear accident or of unusually high levels of radioactivity under Council Decision 87/600/Euratom (7) or under the International Atomic Energy Agency (IAEA) Convention on Early Notification of a Nuclear Accident of 26 September 1986. (9) In order to take into account that diets of infants during their first 6 months may vary significantly and that there are uncertainties in the metabolism of infants during the second 6-month period as well, it is appropriate to extend the application of lower maximum permitted levels for foods for infants to the first 12 months. (10) In order to facilitate the adaptation of applicable maximum permitted levels, in particular with regard to the circumstances of the nuclear accident or other radiological emergency, procedures for reviewing the implementing Regulations should include the consultation by the Commission of the group of experts referred to in Article 31 of the Treaty. (11) In order to ensure that food and feed exceeding the applicable maximum permitted levels are not placed on the Community market, compliance with these levels should be the subject of appropriate checks. (12) In order to ensure uniform conditions for the implementation of this Regulation as regards rendering applicable maximum permitted levels, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (8) which is to apply for the purpose of this Regulation notwithstanding the fact that it does not refer explicitly to Article 106a of the Treaty. (13) The Commission should 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. (14) The examination procedure should be used for the adoption of acts rendering applicable maximum permitted levels of radioactive contamination of food and feed. (15) 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. (16) This Regulation should constitute a lex specialis for the procedure to adopt and subsequently amend implementing Regulations laying down applicable maximum permitted levels of radioactive contamination following a case of radiological emergency. Where it is evident that food or feed originating in the Union or imported from a third country is likely to constitute a serious risk to human health, animal health or the environment and that such risk cannot be contained satisfactorily by means of measures taken by the Member State or Member States concerned, the Commission is allowed to adopt additional emergency measures pursuant to Regulation (EC) No 178/2002. The Commission should ensure that this Regulation and Regulation (EC) No 178/2002 are implemented in a harmonised way. Where possible, applicable maximum permitted levels and additional emergency measures should be integrated in a single implementing Regulation based on this Regulation and Regulation (EC) No 178/2002. (17) Furthermore, general rules for the performance of official controls to verify compliance with rules aiming, inter alia, to prevent, eliminate or reduce to acceptable levels risks to humans and animals are laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council (9). (18) When preparing or reviewing implementing Regulations, the Commission should take into account, inter alia, the following circumstances: location, nature and extent of the nuclear accident or other radiological emergency within or outside the Community; nature, extent and spread of the identified or projected release of radioactive substances in air, water and soil and in food and feed within or outside the Community; radiological risks of the identified or potential radioactive contamination of food and feed and the resulting radiation doses; type and quantity of the contaminated food and feed which might be brought onto the market in the Community; maximum permitted levels for contaminated food and feed set in third countries; importance of this food and feed for providing the population with an adequate food supply; consumer expectations regarding the safety of food and possible changes to consumers' eating habits as a result of a radiological emergency. (19) 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, HAS ADOPTED THIS REGULATION: Article 1 Subject matter This Regulation lays down the maximum permitted levels of radioactive contamination of: (a) food, as set out in Annex I; (b) minor food, as set out in Annex II; and (c) 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. This Regulation also lays down the procedure to adopt or subsequently amend implementing Regulations laying down the applicable maximum permitted levels. Article 2 Definitions For the purposes of this Regulation, the following definitions apply: (1) ‘food’ means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. ‘Food’ includes drink, chewing gum and any substance intentionally incorporated into the food during its manufacture, preparation or treatment. ‘Food’ does not include: (a) feed; (b) live animals unless they are prepared for placing on the market for human consumption; (c) plants prior to harvesting; (d) medicinal products within the meaning of point (2) of Article 1 of Directive 2001/83/EC of the European Parliament and of the Council (10); (e) cosmetic products within the meaning of point (a) of Article 2(1) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council (11); (f) tobacco and tobacco products within the meaning of, respectively, points (1) and (4) of Article 2 of Directive 2014/40/EU of the European Parliament and of the Council (12); (g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971; (h) residues and contaminants; (i) water intended for human consumption within the meaning of point (1) of Article 2 of Directive 2013/51/Euratom; (2) ‘minor food’ means food of minor dietary importance which makes only a marginal contribution to food consumption by the population; (3) ‘feed’ means any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals; (4) ‘placing on the market’ means the holding of food or feed for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution and other forms of transfer themselves; (5) ‘radiological emergency’ means a non-routine situation or event involving a radiation source that necessitates prompt action to mitigate serious adverse consequences for human health and safety, quality of life, property or the environment, or a hazard that could give rise to such serious adverse consequences. Article 3 Applicable maximum permitted levels 1. If the Commission receives — in particular either under the Community arrangements for the early exchange of information in the event of a radiological emergency, or under the IAEA Convention on Early Notification of a Nuclear Accident of 26 September 1986 — 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. Without prejudice to Article 3(4), the applicable maximum permitted levels set out in such an implementing Regulation shall not exceed those set out in Annexes I, II and III. That implementing Regulation shall be adopted in accordance with the examination procedure referred to in Article 5(2). On duly justified imperative grounds of urgency relating to the circumstances of the nuclear accident or other radiological emergency, the Commission shall adopt an immediately applicable implementing Regulation in accordance with the procedure referred to in Article 5(3). 2. The period of validity of implementing Regulations adopted under paragraph 1 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. 3. When preparing or reviewing implementing Regulations, the Commission shall take into account the basic standards laid down pursuant to Articles 30 and 31 of the Treaty, including the justification principle and the optimisation principle, with the aim of keeping the magnitude of individual doses, the likelihood of exposure and the number of individuals exposed as low as reasonably achievable, taking into account the current state of technical knowledge and economic and societal factors. When reviewing implementing Regulations, the Commission shall consult the group of experts referred to in Article 31 of the Treaty if a nuclear accident or any other case of radiological emergency causes such widespread contamination of food or feed consumed in the Community that the rationale and assumptions underpinning the maximum permitted levels set out in Annexes I, II and III to this Regulation are no longer valid. The Commission may seek the opinion of that group of experts in any other case of contamination of food or feed consumed in the Community. 4. Without prejudice to the health protection objective pursued by this Regulation, the Commission may, by means of implementing Regulations, allow any Member State, at its request and in the light of exceptional circumstances prevailing in that Member State, to derogate temporarily from the maximum permitted levels in respect of specified food or feed consumed on its territory. Those derogations shall be based on scientific evidence and be duly justified by the circumstances, in particular societal factors, prevailing in the Member State concerned. Article 4 Restrictive measures 1. 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. For the purposes of applying this Regulation, 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 is placed under a customs procedure other than a transit procedure. 2. 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). Article 5 Committee procedure 1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. Article 6 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 in accordance with Article 4(2). Article 7 Repeal Council Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 (13) and (Euratom) No 770/90 (14) are repealed. References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV. Article 8 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 15 January 2016. For the Council The President J.R.V.A. DIJSSELBLOEM (1) Opinion of 9 July 2015 (not yet published in the Official Journal). (2) OJ C 226, 16.7.2014, p. 68. (3) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, 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). (4) 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). (5) Regulation (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 31, 1.2.2002, p. 1). (6) Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12). (7) Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of radiological emergency (OJ L 371, 30.12.1987, p. 76). (8) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (9) Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1). (10) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). (11) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59). (12) Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1). (13) Commission Regulation (Euratom) No 944/89 of 12 April 1989 laying down maximum permitted levels of radioactive contamination in minor foodstuffs following a nuclear accident or any other case of radiological emergency (OJ L 101, 13.4.1989, p. 17). (14) Commission Regulation (Euratom) No 770/90 of 29 March 1990 laying down maximum permitted levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case of radiological emergency (OJ L 83, 30.3.1990, p. 78). ANNEX I MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION OF FOOD The maximum permitted levels to be applied to food shall not exceed the following: Isotope group/Food group Food (Bq/kg) (1) Infant food (2) Dairy produce (3) Other food except minor food (4) Liquid food (5) Sum of isotopes of strontium, notably Sr-90 75 125 750 125 Sum of isotopes of iodine, notably I-131 150 500 2 000 500 Sum of alpha-emitting isotopes of plutonium and transplutonium elements, notably Pu-239 and Am-241 1 20 80 20 Sum of all other nuclides of half-life greater than 10 days, notably Cs-134 and Cs-137 (6) 400 1 000 1 250 1 000 (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 food intended for the feeding of infants during the first 12 months of life which meets, in itself, the nutritional requirements of this category of persons and is put up for retail sale in packages which are clearly identified and labelled as such. (3) Dairy produce is defined as products falling within the following CN codes including, where appropriate, any adjustments which might subsequently be made to them: 0401 and 0402 (except 0402 29 11). (4) Minor food and the corresponding levels to be applied to them are set out in Annex II. (5) Liquid food is defined as products falling within heading 2009 and Chapter 22 of the Combined Nomenclature. Values are calculated taking into account consumption of tap-water and the same values could be applied to drinking water supplies at the discretion of competent authorities in Member States. (6) Carbon-14, tritium and potassium-40 are not included in this group. ANNEX II MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION OF MINOR FOOD 1. List of minor food CN code Description 0703 20 00 Garlic (fresh or chilled)) 0709 59 50 Truffles (fresh or chilled) 0709 99 40 Capers (fresh or chilled) 0711 90 70 Capers (provisionally preserved, but unsuitable in that state for immediate consumption) ex 0712 39 00 Truffles (dried, whole, cut, sliced, broken or in powder, but not further prepared) 0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith 0814 00 00 Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions 0903 00 00 Maté 0904 Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta 0905 00 00 Vanilla 0906 Cinnamon and cinnamon-tree flowers 0907 00 00 Cloves (whole fruit, cloves and stems) 0908 Nutmeg, mace and cardamoms 0909 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries 0910 Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices 1106 20 Flour, meal and powder of sago or of roots or tubers of heading 0714 1108 14 00 Manioc (cassava) starch 1210 Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin 1211 Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered, except plants or parts of plants used for food production 1301 Lac; natural gums, resins, gum-resins and oleoresins (for example, balsams) 1302 Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products 1504 Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified 1604 31 00 Caviar 1604 32 00 Caviar substitutes 1801 00 00 Cocoa beans, whole or broken, raw or roasted 1802 00 00 Cocoa shells, husks, skins and other cocoa waste 1803 Cocoa paste, whether or not defatted 2003 90 10 Truffles (prepared or preserved otherwise than by vinegar or acetic acid) 2006 00 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised) 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders 2936 Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, whether or not in any solvent 3301 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils 2. The maximum permitted levels to be applied to the minor food as listed in point 1 shall not exceed the following: Isotope group Bq/kg Sum of isotopes of strontium, notably Sr-90 7 500 Sum of isotopes of iodine, notably I-131 20 000 Sum of alpha-emitting isotopes of plutonium and transplutonium elements, notably Pu-239 and Am-241 800 Sum of all other nuclides of half-life greater than 10 days, notably Cs-134 and Cs-137 (1) 12 500 (1) Carbon-14, tritium and potassium-40 are not included in this group. ANNEX III MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION OF FEED The maximum permitted levels for the sum of caesium-134 and caesium-137 shall not exceed the following: Feed for Bq/kg (1) (2) Pigs 1 250 Poultry, lambs, calves 2 500 Other 5 000 (1) These levels are intended to contribute to the observance of the maximum permitted levels for food; they do not alone guarantee such observance in all circumstances and do not lessen the requirement for monitoring contamination levels in animal products destined for human consumption. (2) These levels apply to feed as ready for consumption. ANNEX IV CORRELATION TABLE Regulation (Euratom) No 3954/87 Regulation (Euratom) No 944/89 Regulation (Euratom) No 770/90 This Regulation Article 1(1) Article 1 Article 1 Article 1 Article 1(2) Article 2 Article 2(1) Article 3(1) Article 2(2) Article 3(2) Article 3(1) — Article 3(2) Article 3(3) Article 3(3) and (4) — Article 4 — Article 5 — Article 6(1) Article 4(1) Article 6(2) Article 4(2) Article 2 Annex II, point 2 — — — Article 5 Article 7 — — — — Article 7 Article 8 Article 3 Article 2 Article 8 Annex Annex I Annex Annex II, point 1 Annex Annex III — — — Annex IV

Summary: Maximum levels of radioactive contamination in foodstuffs Maximum levels of radioactive contamination in foodstuffs SUMMARY OF: Regulation (Euratom) 2016/52 — maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency WHAT IS THE AIM OF THE REGULATION? It sets out the maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency. The regulation repeals Regulations (Euratom) No 3954/87, (Euratom) No 944/89 and (Euratom) No 770/90. Any existing references to the repealed acts should be read as references to this regulation. KEY POINTS Scope The regulation covers the maximum permitted levels for food, minor food* and animal feed. Maximum permitted levels of contamination If the European 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 must adopt an implementing regulation which will: set out maximum permitted levels (not exceeding those set out in the regulation’s annexes) of potentially contaminated food or feed that can be placed on the market;have as short a period of validity as possible, initially not exceeding 3 months;be periodically reviewed by the Commission and, if appropriate, amended on the basis of the nature and location of the accident and of the level of radioactive contamination measured. Non-compliance must be notified through the Rapid Alert System for Food and Feed. EU countries can request a temporary exemption from these maximum permitted levels for specified food or feed consumed on its territory. These exemptions should be set out in the implementing regulation. Committee The Commission shall be assisted on the matter by the Standing Committee on Plants, Animals, Food and Feed (PAFF) established by Regulation (EC) No 178/2002 laying down the general principles and requirements of food law. Reporting The Commission must submit a report to the European Parliament and Council, setting out the measures taken, in the event of such an accident or emergency likely to lead to or which has led to significant radioactive contamination of food and feed. FROM WHEN DOES THE REGULATION APPLY? It has applied since 9 February 2016. BACKGROUND Regulation (EU) 2017/625 (see summary) sets out rules for official checks on the EU agri-food chain. EU safety standards for exposure to ionising radiation are set out in Directive 2013/59/Euratom (see summary). KEY TERMS Minor food: food, such as garlic and truffles, which form only a very small part of food consumption by the general population. MAIN DOCUMENT Council Regulation (Euratom) 2016/52 of 15 January 2016 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 (OJ L 13, 20.1.2016, pp. 2-11) RELATED DOCUMENTS Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, pp. 1-142) Successive amendments to Regulation (EU) 2017/625 have been incorporated into the original document. This consolidated version is of documentary value only. Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, 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, pp. 1-73) See consolidated version. last update 19.05.2020