1990R0737 — EN — 31.03.1995 — 001.001 — 1
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►B 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
(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
▼B
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 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 connection withwhich 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
necessary, in the future to the provisions of Council Regulation(Euratom) No 3954/87 of 22 December 1987 laying down maximumpermitted 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 atChernobyl, 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 on account of the fact that radioactivecontamination 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 theChernobyl 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 beestablished,1990R0737 — EN — 31.03.1995 — 001.001 — 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 from the
scope of this Regulation pursuant to the procedure laid down in Article7, this Regulation shall apply to the products originating in thirdcountries 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
common system of trade for ovalbumin and 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 goods resulting
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 on certain
agricultural products exported in the form of goods not covered byAnnex II to the Teaty, and the criteria for fixing the amount of suchrefunds(
7), as last amended by Regulation (EEC) No 3209/88(8).
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 firstfour 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 ‘foodpreparation for infants’(
9),
— 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 toin Article 1, taking into account contamination levels in the country oforigin. 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 individuallyor generally for a given product.1990R0737 — EN — 31.03.1995 — 001.001 — 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.
▼B
2. Each Member State shall provide the Commission with all
information concerning the application of this Regulation, notably casesof non-compliance with the maximum permitted levels. The Commis-
sion 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 inaccordance with the procedure laid down in Article 7. Such measuresmay even include the prohibition of the import of products originating inthe 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 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 bythe 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 shalldeliver its opinion on the draft within a limit which the chairman maylay 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 aproposal from the Commission. The votes of the representatives of theMember States within the committe shall be weighted in the manner setout 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 theCouncil 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:
1. on 31 March 2000, unless the Council decides otherwise at an earlier
date, particularly should the list of excluded products referred to inArticle 6 cover all the products fit for human consumption to whichthis Regulation applies;
2. upon the entry into force of the Commission Regulation provided for
in Article 2 (1) of Regulation (Euratom) No 3954/87, if such entryinto force takes place before 31 March 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1990R0737 — EN — 31.03.1995 — 001.001 — 4
▼M1
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ANNEX I
Products unfit for human consumption
CN code Description
ex 0101 19 90 Racehorses
ex 0106 00 99 Other (live animals, excluding domestic rabbits and pigeons: not for human
consumption)
ex 0301 Live ornamental fish
0408 11 90
0408 19 90
0408 91 90
0408 99 90Eggs, 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
0511 10 00
ex 0511 91 90
0511 99 10
0511 99 90Animal products not elsewhere specified or included, excluding edible animal
blood; dead animals of Chapter 1 or Chapter 3, unfit for human consumption
0713 20 10
0713 31 10
0713 32 10
0713 33 10
0713 39 10
0713 40 10
0713 50 10
0713 90 10Dried leguminous vegetables, shelled, whether or not skinned or split, for sowing
1001 90 10 Spelt for sowing (a)
1005 10 11
1005 10 13
1005 10 15
1005 10 19Hybrid maize for sowing (a)
1006 10 10 Rice for sowing (a)
ex 1007 00 00 Hybrid sorghum for sowing (a)
1201 00 10
1202 10 10
1204 00 10
1205 00 10
1206 00 10
1207 10 10
1207 20 10
1207 30 10
1207 40 10
1207 50 10
1207 60 10
1207 91 10
1207 92 10
1207 99 10Oil seeds and oleaginous fruit, whole or broken, for sowing (a)
1209 11 00
1209 19 00
1209 21 00
1209 23 10
1209 24 00
1209 26 00
1209 30 00
1209 91
1209 99Seeds, fruit and spores, of a kind used for sowing
1501 00 11 Lard and other pig fat for industrial uses other than the manufacture of foodstuffs
for human consumption (a)
1502 00 10 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
human consumption (a)
1503 00 11 Lard stearin and oleostearin for industrial uses (a)
1503 00 30 Tallow oil for industrial uses other than the manufacture of foodstuffs for human
consumption (a)1990R0737 — EN — 31.03.1995 — 001.001 — 5
▼B
CN code Description
1505 10 Wool grease and fatty substances derived therefrom (including lanolin)
1507 10 10
1507 90 10Soya bean oil and its fractions, whether or not refined; but not chemically
modified, for technical uses other than the manufacture of foodstuffs for human
consumption (a)
1508 10 10
1508 90 10Ground-nut oil and its fractions, whether or not refined but not chemically
modified, for technical or industrial uses other than the manufacture of foodstuffs
for human consumption (a)
1511 10 10 Crude palm oil and its fractions, whether or not refined, but not chemically
modified, for technical or industrial uses other than the manufacture of foodstuffs
for human consumption (a)
1515 30 10 Castor oil and its fractions for the production for the production of
aminoundecanoic acid for use in the manufacture of synthetic textile fibres or
of artificial plastic materials (a)
1515 40 00 Tung oil and its fractions
1515 90 10 Oiticica oils, myrtle wax and Japan wax; their fractions
1511 90 91
1512 11 90
1512 19 10
1512 19 90
1512 21 10
1512 29 10
1513 11 10
1513 19 30
1513 21 11
1513 21 19
1513 29 30
1514 10 10
1514 90 10
1515 11 00
1515 19 10
1515 21 10
1515 29 10
1515 50 11
1515 50 91
1515 90 21
1515 90 31
1515 90 40
1515 90 60
1516 20 91
1516 20 99Other oils for technical or industrial uses other than the manufacture of foodstuffs
for human consumption (a)
1518 00 31
1518 00 39Fixed vegetables oils, fluid, mixed, for technical or industrial uses other than the
manufacture of foodstuffs for human consumption (a)
2207 20 00 Ethyl alcohol and other spirits; denatured, of any strength
3823 10 00 Prepared binders for foundry moulds or cores
4501 Natural cork, raw or simply prepared; waste cork; crushed granulated or ground
cork
5301 10 00
5301 21 00
5301 29 00Flax, 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 ornamental
foliage, excluding plants and roots of chicory of subheading 0601 20 10
(a) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.1990R0737 — EN — 31.03.1995 — 001.001 — 6
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ANNEX II
Milk and milk products to which a maximum permitted level of 370 Bq/kg
applies
CN codes 0401
0402
0403 10 11 to 39
0403 90 11 to 6904041990R0737 — EN — 31.03.1995 — 001.001 — 7