1990R0737 — EN — 05.06.2003 — 003.001 — 1
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►B COUNCILREGULATION(EEC)No737/90
of22March1990
on the conditions governing impots of agricultural products originating in third countries
followingtheaccidentattheChernobylnuclearpower-station
(OJ L 82, 29.3.1990, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 686/95 of 28 March 1995 L 71 15 31.3.1995
►M2Council Regulation (EC) No 616/2000 of 20 March 2000 L 75 1 24.3.2000
►M3Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
▼B
COUNCILREGULATION(EEC)No737/90
of22March1990
on the conditions governing impots of agricultural products origi-
nating in third countries following the accident at the Chernobyl
nuclearpower-station
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, 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 werereleased into the atmosphere;
Whereas 3955/87 (
1), as amended by 4003/89 (2), fixed maximum
permitted levels of radioactivity for agricultural products originatingin third countries and intended for human consumption with whichimports of the products concerned must comply and in connectionwith which checks are carried out by the Member States; whereas thatRegulation applies only until 31 March 1990;
Whereas, without prejudice to the possibility of resorting, where neces-
sary, in the future to the provisions of Council Regulation (Euratom)No 3954/87 of 22 December 1987 laying down maximum permittedradioactivity 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 Cher-nobyl, that agricultural products and processed agricultural productsintended for human consumption and likely to be contaminated areintroduced into the Community only according to common arrange-
ments;
Whereas these common arrangements should safeguard the health of
consumers, maintain, without having unduly adverse effects on tradebetween 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 onaccoun t of the fact thatradioactive contamination in certain agricultural products originating
in the third countries affected by the accident still exceed the maximum
permitted levels of radioactivity laid downinthat 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 beforethe Chernobyl accident; whereas a procedure should therefore be estab-
lished 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, inorder to clarify or adjust, as n ecessary, the measures
provided for by this Regulation, a simplified procedure should beestablished,1990R0737 — EN — 05.06.2003 — 003.001 — 2
(1) OJ No L 371, 30. 12. 1987, p. 14.
(2) OJ No L 382, 30. 12. 1989, p. 4.
(3) OJ No L 371, 30. 12. 1987, p. 11.
(4) OJ No L 211, 27. 7. 1989, p. 1.
(5) OJ No L 302, 31. 12. 1972, p. 28.
▼B
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 fromthe scope of this Regulationpursuan t to the procedure laid downinArticle 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 (
1), as amended by Commission Regulation
(EEC) No 222/88 (2),
— Council Regulation (EEC) No 2783/75 of 29 Octrober 1975 on the
commonsystem of trade for ovalbuminan d lactalbumin (3), as
amended by Commission Regulation (EEC) No 4001/87 (4),
— Council Regulation (EEC) No 3033/80 of 11 November 1980
laying down the trade arrangements applicable to certain goodsresulting from the processing of agricultural products (
5), as
amended by Commission Regulation (EEC) No 3743/87 (6),
— Council Regulation (EEC) No 3035/80 of 11 November 1980
laying down general rules for granting export refunds on certain
oncertainagricultural products exported inthe form of goods n ot
covered by Annex II to the Teaty, and the criteria for fixing theamount of such refunds (
7), as last amended by Regulation (EEC)
No 3209/88 (8).
Article 2
Without prejudice to other provisions in force, the release for free
circulationof the products referred to in'Article 1 shall be subject tocompliance with the maximum permitted levels laid down in Article 3.
Article 3
The maximum permitted levels referred to inArticle 2 shall be as
follows:
the accumulated maximum radioactive level interms of caesium —
134 and — 137 shall be(
9):
— 370 Bq/kg for milk and milk products listed in Annex II and for
foodstuffs intended for the special feeding of infants during the firstfour to six months of life, which meet, in themselves, the nutritionalrequirements of this category of persons and are put up for retailsale in packages which are clearly identified and labelled ‘food
preparation for infants’,
— 600 Bq/kg for all other products concerned.
Article 4
1. Member States shall check compliance with the maximum
permitted levels set inArticle 3 inrespect 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 certifi-cates. Depending on the results of the checks carried out, Member1990R0737 — EN — 05.06.2003 — 003.001 — 3
(1) OJ No L 281, 1. 11. 1975, p. 20.
(2) OJ No L 28, 1. 2. 1988, p. 1.
(3) OJ No L 282, 1. 11. 1975, p. 104.
(4) OJ No L 377, 31. 12. 1987, p. 44.
(5) OJ No L 323, 29. 11. 1980, p. 1.
(6) OJ No L 352, 15. 12. 1987, p. 29.
(7) OJ No L 323, 29. 11. 1980, p. 27.
(8) OJ No L 286, 20. 10. 1988, p. 6.
(9) The level applicable to concentrated or dried products shall be calculated on
the basis of the reconstituted product as ready for consumption.▼M2
▼B
▼B
States shall take the measures required for Article 2 to apply, including
the prohibition of release for free circulation, taking each case indivi-dually or generally for a given product.
2. Each Member State shall provide the Commissionwith all in for-
mation concerning the application of this Regulation, notably cases ofnon-compliance with the maximum permitted levels. The Commissionshall circulate such information to the other Member States.
Article 5
Where cases of repeated non-compliance with the macimum permitted
levels have beenrecorded, the n ecessary measures may be takeninaccordance with the procedure laid down in Article 7. Such measuresmay 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 fromthis Regulationshall be adopted inaccordan ce with the procedure laiddowninArticle 7.
Article 7
1. The Commissionshall be assisted by a committee.2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion1999/468/EC (
1) shall apply.
The period laid downinArticle 5(6) of Decision1999/468/EC shall be
set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 8
This Regulation shall enter into force on 1 April 1990.
It shall expire:
1. on 31 March 2010, unless the Council decides otherwise at an
earlier date, inparticular if the list of excluded products referred toinArticle 6 covers all the products fit for humancon sumptiontowhich this Regulationapplies;
2. on the entry into force of the Commission Regulation provided for
inArticle 2(1) of Regulation(Euratom) No 3954/87, if such en tryinto force takes place before 31 March 2010.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1990R0737 — EN — 05.06.2003 — 003.001 — 4
(1) OJ L 31, 1.2.2002, p. 1.▼M3
▼B
▼M2
▼B
▼B
ANNEX I
Productsunfitforhumanconsumption
CN code Description
ex 01011990 Racehorses
ex 01060099 Other (live animals, excluding domestic rabbits and pigeons: not for human
consumption)
ex 0301 Live ornamental fish
04081190
0408 1990
0408 9190
0408 9990Eggs, not in shell, and egg yolks, unfit for human consumption (a)
ex 0504 Non-edible guts, bladders and stomachs of animals (other than fish), whole and
pieces thereof
05111000
ex 05119190
0511 9910
0511 9990Animal products not elsewhere specified or included, excluding edible animal
blood; dead animals of Chapter 1 or Chapter 3, unfit for human consumption
07132010
0713 3110
0713 3210
0713 3310
0713 3910
0713 4010
0713 5010
0713 9010Dried leguminous vegetables, shelled, whether or not skinned or split, for
sowing
10019010 Spelt for sowing(a)
10051011
1005 1013
1005 1015
1005 1019Hybrid maize for sowing(a)
10061010 Rice for sowing(a)
ex 10070000 Hybrid sorghum for sowing(a)
12010010
1202 1010
1204 0010
1205 0010
1206 0010
1207 1010
1207 2010
1207 3010
1207 4010
1207 5010
1207 6010
1207 9110
1207 9210
1207 9910Oil seeds and oleaginous fruit, whole or broken, for sowing(a)
12091100
1209 1900
1209 2100
1209 2310
1209 2400
1209 2600
1209 3000
1209 91
1209 99Seeds, fruit and spores, of a kind used for sowing
15010011 Lard and other pig fat for industrial uses other than the manufacture of food-
stuffs for humancon sumption(a)
15020010 Fats of bovine animals, sheep or goats, raw or rendered, whether or not pressed
or solvent-extracted, for industrial uses other than the manufacture of foodstuffs
for humancon sumption(a)
15030011 Lard stearin and oleostearin for industrial uses(a)
15030030 Tallow oil for industrial uses other than the manufacture of foodstuffs for
humancon sumption(a)1990R0737 — EN — 05.06.2003 — 003.001 — 5
▼B
CN code Description
150510 Wool grease and fatty substances derived therefrom (including lanolin)
15071010
1507 9010Soya bean oil and its fractions, whether or not refined; but not chemically modi-
fied, for technical uses other than the manufacture of foodstuffs for human
consumption (a)
15081010
1508 9010Ground-nut oil and its fractions, whether or not refined but not chemically
modified, for technical or industrial uses other than the manufacture of food-
stuffs for humancon sumption(a)
15111010 Crude palm oil and its fractions, whether or not refined, but not chemically
modified, for technical or industrial uses other than the manufacture of food-
stuffs for humancon sumption(a)
15153010 Castor oil and its fractions for the production for the production of aminounde-
canoic acid for use in the manufacture of synthetic textile fibres or of artificial
plastic materials (a)
15154000 Tung oil and its fractions
15159010 Oiticica oils, myrtle wax and Japan wax; their fractions
15119091
1512 1190
1512 1910
1512 1990
1512 2110
1512 2910
1513 1110
1513 1930
1513 2111
1513 2119
1513 2930
1514 1010
1514 9010
1515 1100
1515 1910
1515 2110
1515 2910
1515 5011
1515 5091
1515 9021
1515 9031
1515 9040
1515 9060
1516 2091
1516 2099Other oils for technical or industrial uses other than the manufacture of food-
stuffs for humancon sumption(a)
15180031
1518 0039Fixed vegetables oils, fluid, mixed, for technical or industrial uses other than
the manufacture of foodstuffs for human consumption (a)
22072000 Ethyl alcohol and other spirits; denatured, of any strength
38231000 Prepared binders for foundry moulds or cores
4501 Natural cork, raw or simply prepared; waste cork; crushed granulated or ground
cork
53011000
5301 2100
5301 2900Flax, raw or processed but not spun
5302 True hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste
of true hemp (including yarn waste and garnetted stock)
ex Chapter 6 Live trees and other plants; bulbs, roots and the like, cut flowers and orna-
mental foliage, excluding plants and roots of chicory of subheading 06012010
(a) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.1990R0737 — EN — 05.06.2003 — 003.001 — 6
▼B
ANNEX II
Milk andmilk productsto whichamaximumpermitted level of370 Bq/kg
applies
CN codes 0401
0402
0403 1011 to 39
0403 9011 to 6904041990R0737 — EN — 05.06.2003 — 003.001 — 7