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COUNCIL REGULATION (EEC) No 3955/87
of 22 December 1987
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, 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 Regulation (EEC) No 1707/86 (1) fixed interim maximum permitted levels of radioactivity for all agricultural products originating in third countries and intended for human consumption, with which imports of the products must comply and in connection with which checks are carried out by the Member States; whereas that Regulation was extended for the first time by Regulation (EEC) No 3020/86 (2) and again by Regulation (EEC) No 624/87 (3) until 31 October 1987;
Whereas, without prejudice to 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 (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, 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 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 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 and fourth recitals,
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 Regulation (EEC) No 2730/75 (6), No 2783/75 (7), No 3033/80 (8) and No 3035/80 (9) originating in third countries, with the exception of the products referred to in the Annexes to this Regulation (10).
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 04.01 and 04.02 of the Common Customs Tariff (11) 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' (2);
- 600 Bq/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 State.
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 Annexes I and II, 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
These Regulation shall expire two years after the date of its entry into force.
Article 8
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, 22 December 1987.