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COUNCIL REGULATION (EEC) No 737/90
of 22 March 1990
on the conditions governing impots 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, and in particular Article 113 thereof,
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 3955/87 (1), as amended by 4003/89 (2), fixed maximum permitted levels of radioactivity for agricultural products originating in third countries and intended for human consumption with which imports of the products concerned must comply and in connection with which checks are carried out by the Member States; whereas that Regulation applies only until 31 March 1990;
Whereas, without prejudice to the possibility of resorting, where necessary, in the future to the provisions of Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted radioactivity levels for foodstuffs and feedingstuffs following a nuclear accident or any other case of radiological emergency (3), as amended by Regulation (Euratom) No 2218/89 (4), the Community must continue to ensure, with regard to the specific effects of the accident at Chernobyl, 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;
Whereas these common arrangements should 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 reasons prevailing when Regulation (EEC) No 3955/87 was adopted are still valid, particularly on account of the fact that radioactive contamination in certain agricultural products originating in the third countries affected by the accident still exceed the maximum permitted levels of radioactivity laid down in that Regulation;
Whereas compliance with the maximum permitted levels must be the subject of appropriate checks, which may lead to prohibiting imports in cases of non-compliance;
Whereas radioactive contamination in many agricultural products has decreased and will continue to decrease to the levels existing before the Chernobyl accident; whereas a procedure should therefore be established enabling such products to be excluded from the scope of the abovementioned Regulation;
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 (5);
Whereas, in order to clarify or adjust, as necessary, the measures provided for by this Regulation, a simplified procedure should be established,
HAS ADOPTED THIS REGULATION:
Article 1
With the exception of the products unfit for human consumption listed in Annex I and those products which may come to be excluded from the scope of this Regulation pursuant to the procedure laid down in Article 7, this Regulation shall apply to the products originating in third countries covered by:
- Annex II to the Treaty,
- Council Regulation (EEC) No 2730/75 of 29 October 1975 on glucose and lactose (6), as amended by Commission Regulation (EEC) No 222/88 (7),
- Council Regulation (EEC) No 2783/75 of 29 Octrober 1975 on the common system of trade for ovalbumin and lactalbumin (1), as amended by Commission Regulation (EEC) No 4001/87 (2),
- Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (3), as amended by Commission Regulation (EEC) No 3743/87 (4),
- Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain on certain agricultural products exported in the form of goods not covered by Annex II to the Teaty, and the criteria for fixing the amount of such refunds (5), as last amended by Regulation (EEC) No 3209/88 (6).
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 and milk products listed in Annex II 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 indentified 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 macimum permitted levels have been recorded, the necessary measures may be taken in accordance with the procedure laid down in Article 7. Such measures may even include the prohibition of the import of products originating in the third country concerned.
Article 6
The arrangements for applying this Regulation, any amendments to be made to the products in Annex I, and the list of products excluded from this Regulation shall be adopted in accordance with the procedure laid down in Article 7.
Article 7
1. The Commission shall be assisted by an ad hoc committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committe shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immediately.
However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council fortwith. In that event:
- the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication,
- the Council, acting by a qulified majority, may take a different decision within the time limit referred to in the first indent.
Article 8
This Regulation shall enter into force on 1 April 1990.
It shall expire on 31 March 1995, unless the Council decides otherwise at an earlier date, particularly should the list of excluded products referred to in Article 6 cover all the products fit for human consumption to which this Regulation applies.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1990.