THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the Economic and Social Committee2,

Acting in accordance with the procedure laid down in Article 189b of the Treaty3, in the light of the joint text approved by the Conciliation Committee on 9 December 1998,

Whereas Article 4(1) and (2) of Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation4 hereinafter referred to as ‘the framework Directive’ provides for the adoption of a list of foodstuffs which, to the exclusion of all other, may be treated with ionising radiation; whereas this list shall be established in stages;

Whereas dried aromatic herbs, spices and vegetable seasonings are frequently contaminated and/or infested with organisms and their metabolites which are harmful to public health;

Whereas such contamination and/or infestation can no longer be treated with fumigants such as ethylene oxide because of the toxic potential of their residues;

Whereas the use of ionising radiation is an effective means of replacing the said substances;

Whereas such treatment has been accepted by the Scientific Committee for Food;

Whereas such treatment is therefore in the interest of public health protection,

HAVE ADOPTED THIS DIRECTIVE: