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// // REGULATION (EEC) No 1707/86
of 30 May 1986
on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power-station
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the proposal from the Commission,
Whereas, following the accident at the Chernobyl nuclear power-station on 26 April 1986, considerable quantities of radioactive elements were released into the atmosphere;
Whereas the provisional measures adopted by Regulation (EEC) No 1388/86 (1) should be replaced by an arrangement which enables imports to be reinstated, providing that maximum permitted levels are imposed; whereas, however, these levels applicable to third countries might need to be re-examined in the light of Community decisions regarding internal permitted contamination levels;
Whereas the Community must seek to ensure that agricultural products and processed agricultural products intended for human consumption and likely to be contaminated are introduced into the Community only according to common arrangements which safeguard the health of consumers, maintain, without having unduly adverse effects on trade between the Community and third countries, the unified nature of the market and prevent deflections of trade;
Whereas the subject of minimum reference levels is still in need of more thorough scientific study but it is nevertheless desirable that, for reasons of urgency and by means of an emergency procedure, interim maximum permitted limits should be established, with which imports of the products concerned must comply and in connection with which checks will be carried out by the Member States,
Whereas, since this Regulation covers all agricultural products and processed agricultural products intended for human consumption, there is no need, in the present case, to apply the procedure provided for in Article 29 of Directive 72/462/EEC (2);
Whereas compliance with the maximum permitted levels will have to be the subject of appropriate checks backed up by the possibility of prohibiting imports in cases of non-compliance;
Whereas, in order to supplement, clarify or adjust, as necessary, the measures provided for by this Regulation, a simplified procedure should be established;
Whereas adoption of this Regulation in its present form appears necessary in order to satisfy overriding and immediate requirements as mentioned in the third recital,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation shall apply to the products covered by Annex II to the Treaty and to the products covered by Regulations (EEC) No 2730/75 (3), (EEC) No 2783/75 (4), (EEC) No 3033/80 (5) and (EEC) No 3035/80 (6) originating in third countries, with the exception of the products referred to in the Annex to this Regulation.
Article 2
Without prejudice to other provisions in force, the release for free circulation of the products referred to in Article 1 shall be subject to compliance with the maximum permitted levels laid down in Article 3.
Article 3
The maximum permitted levels referred to in Article 2 shall be as follows:
the accumulated maximum radioactive level in terms of caesium-134 and -137 shall be:
- 370 Bq/kg for milk falling within headings No 04.01 and No 04.02 of Common Customs Tariff and for foodstuffs intended for the special feeding of infants during the first four to six 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 'food preparation for infants' (7),
- 600Bq/kg for all other products concerned.
Article 4
1. Member States shall check compliance with the maximum permitted levels set in Article 3 in respect of the products referred to in Article 1, taking into account contamination levels in the country of origin. Checking
may also include the presentation of export certificates. Depending on the results of the checks carried out, Member States shall take the measures required for Article 2 to apply, including the prohibition of release for free circulation, taking each case individually or generally for a given product.
2. Each Member State shall provide the Commission with all information concerning the application of this Regulation, notably cases of non-compliance with the maximum permitted levels. The Commission shall circulate such information to the other Member States.
Article 5
Where cases of repeated non-compliance with the maximum permitted levels have been recorded, the necessary measures may be taken in accordance with the procedure referred to in Article 6. Such measures may even include the prohibition of the import of products originating in the third country concerned.
Article 6
1. The arrangements for applying this Regulation and any amendments to be made to the list of products unfit for human consumption, as listed in the Annex, shall be adopted in accordance with the procedure provided for in Article 30 of Regulation (EEC) No 804/68 (1), which shall apply by analogy.
2. To this end an ad hoc committee shall be set up, composed of representatives from the Member States and chaired by a representative from the Commission.
Within the Committee the votes of the Member States shall be weighted in accordance with Article 148 (2) of the Treaty. The Chairman shall not vote.
Article 7
This Regulation shall expire on 30 September 1986.
Article 8
Regulation (EEC) No 1388/86 is hereby repealed.
Article 9
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 1986.