COMMISSION DRAFT WAS BASED ON A CIRCLE OF ONE THOUSAND KILOMETRE RADIUS ROUND CHERNOBYL. THIS WAS OF COURSE ARBITRARY BUT SO WOULD ANY OTHER PROPOSAL HAVE BEEN. FRANCE ARGUED THAT EAST GERMANY SHOULD BE INCLUDED AS THERE WAS A CLEAR DANGER OF DIVERSION OF TRADE THROUGH HER FROM OTHER COUNTRIES AFFECTED. GERMANY OPPOSED THIS, THE COMMISSION LIST WAS SATISFACTORY. IF EAST GERMANY WAS TO BE INCLUDED THEN WHY NOT ITALY, AUSTRIA AND SWITZERLAND ? ITALY POINTED OUT THAT THE COMMISSION DRAFT COVERED CONSIDERABLY FEWER COUNTRIES THAN HER OWN NATIONAL MEASURES. ALBANIA, EAST GERMANY, AND YUGOSLAVIA SHOULD BE ADDED. THE NETHERLANDS SUPPORTED THIS. IT WAS BETTER TO INCLUDE MORE COUNTRIES NOW, SHORTENING THE LIST LATER WHEN IT BECAME CLEAR WHEN IT WAS SAFE TO DO SO. ALL OTHER MEMBER STATES WHO SPOKE SUPPORTED THE COMMISSION LIST, WITH THE U.K POINTING OUT THAT ARGUABLY THE MEASURE SHOULD ONLY COVER THE USSR AND POLAND. IT WAS AGREED THAT THE ALTERNATIVES OF THE COMMISSION LIST OR THE LONGER LIST FAVOURED BY ITALY WOULD BE PUT TO COREPER. GREECE SUGGETED THAT ALL COUNTRIES EXPORTING FISH FROM THE BLACK SEA SHOULD ALSO BE INCLUDED (1.E INCLUDING TURKEY) BUT DID NOT PURSUE THE POINT. DENMARK POINTED OUT THAT IF THE LIST OF COUNTRIES COVERED BY THE REGULATION WAS MADE TOO EXTENSIVE IT COULD RAISE DOUBTS IN THE MINDS OF E.G THE JAPANESE ABOUT THE SAFETY OF AGRICULTURAL PRODUCTS PRODUCED IN THE E.C ITSELF.
LIST OF PRODUCTS.
THE COMMISSION EXPLAINED THAT THEIR PROPOSAL WAS OF PRODUCTS MOST LIKELY TO BE CONTAMINATED NOW. DENMARK SAID THAT THEY HAD BANNED IMPORTS OF ALL FOODSTUFFS FROM THE EAST. THIS WAS SIMPLER TO ADMINISTER THAN THE PRESENT COMMISSION PROPOSAL, WHICH SHOULD BE MODIFIED ACCORDINGLY. FRANCE SUGGESTED THAT AT LEAST SHEEP MEAT, HARE, RABBITS, EGGS AND POULTRY SHOULD BE ADDED. ITALY WANTED THE LIST EXTENDED TO COVER ALL FOODSTUFFS AND ANIMAL FOODSTOCKS. OTHERWISE THE MEASURES ADOPTED BY THE COMMUNITY WOULD BE UNACCEPTABLY WEAKER THAN HER OWN NATIONAL LEVELS. NO OTHER MEMBER STATES SUPPORTED ANY ADDITION TO THE COMMISSION LIST.
GOES TO COREPER.
LEGAL BASIS.
THE QUESTION
DENMARK SAID THEY WERE LIKELY TO OBJECT AT COREPER TO THE USE OF ARTICLE 113 AS A LEGAL BASIS. THEY WOULD PREFER ARTICLES 235 AND 100. FRANCE, WITHOUT TAKING A FIRM POSITION, SAID THAT THE USE OF ARTICLE 113 SEEMED UNORTHODOX FOR WHAT WAS ESSENTIALLY A PUBLIC HEALTH MEASURES. HOWEVER ARTICLES 235 AND 100 WOULD REQUIRE CONSULTATION WITH THE PARLIAMENT AND THUS PROBABLY SLOW THE PROCESS OF ADOPTION DOWN TO AN UNACCEPTABLE DEGREE. THE COMMISSION INSISTED THAT ARTICLE 113 WAS RIGHT. THIS WAS A MEASURE TO CONTROL TRADE
FLOWS.
DECISION PROCEDURE.
THE COMMISSION NOTED THAT ONE DIFFICULTY ABUT EXTENDING THE LIST OF PRODUCTS COVERED BY THE REGULATION WAS THAT THERE WAS NO MANAGEMENT COMMITTEE AND SO NOBODY TO RE-EXAMINE THE OPERATION OF THE REGULATION FOR CERTAIN OF THE PRODUCTS PROPOSED. THERE WAS THEN
CONFIDENTIAL
JAN