COMMISSION OF THE EUROPEAN COMMUNITIES 
C0,v. (90) 68 final 
Brussels, 23 February 1990 
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3 Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 3955/87 on the conditions 
governing imports of agricultural products 
originating in third countries 
following the accident at the Chernobyl nuclear power-station 
(presented by the Commission) 
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JUSTIFICATION 
The purpose of this proposal is to extend by fiveyears the system fc-r checking 
compliance with the maximum permitted levels of radioactivity in agricultural 
products, fixed by Regulation (CL'C) Wo 3965/07 following the accident at the 
Chernobyl nuclear power-station. 
This is justified by the fact that the reasons prevailing when this Regulation 
was adopted are still valid, and radioactive contamination in certain \ 
agricultural products from some third countries still in fact exceeds the 
; maximum permitted levels of radioactivity laid down in the above-mentioned 
- Regulation. 
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i The group of experts referred to in Article 31 of the Euratom Treaty, who wore 
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I consulted on this matter at their meeting of 21 and 22 June 1989, agreed that 
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$ Regulation 3955/07 should be extended. 
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Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 3955/87 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 Council Regulation (EEC) No 3955/87 C), as amended by 
Regulation (EEC) No 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; and whereas this Regulation shall apply only 
untiI 31 March 1990; 
Whereas the reasons prevailing when this Regulation was adopted are 
still valid, particularly on account of the fact that radioactive 
contamination in certain agricultural products originating in the third 
countries worst affected by the accident still exceeds the maximum 
permitted levels of radioactivity laid down in the above-mentioned 
Régulât ion; 
Whereas, however, radioactive contamination in many agricultural 
products has decreased and will continue to decrease to insignificant 
levels; whereas, therefore, a procedure should be established allowing 
such products to be exempted from any further control; 
Whereas it is advisable to extend the Regulation currently in force for 
a period of five years; 
Whereas the Commission consulted the group of experts referred to in 
Article 31 of the Euratom Treaty, who favoured extending the period of 
validity of this Regulation. 
<1> 0J No L 371, 30.12.1987, p.14 
(2) 0J No L 382, 30.12.1989, p.4. 
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HAS ADOPTED THIS REGULATION : 
Article 1 
Regulation (EEC) No 3955/87 is hereby amended as follows: 
1. Article 1 shall be replaced by the following: 
"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 
unfit for human consumption listed in Annex II to this Regulation 
and those products which the Commission may decide to exempt 
pursuant to the procedure laid down in Article 6 of this 
Régulât ion. 
O) OJ No L 281 , 1.11.1975, p. 20. 
<7) OJ No L 282, 1.11.1975, p. 104. 
<8> OJ No L 323, 29.11.1980, p. 1. 
<9) OJ No L 323, 29.11.1980, p. 27. 
Article 3 shall be replaced by the following: 
"Article 3 
The maximum permitted levels referred to In Article 2 shall be as 
fol lows : 
the accumulated maximum radioactive level in terms of caeslum-134 
and -137 shaI I be : 
370 Bq/kg for milk products listed in Annex III 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' (10). 
600 Bq/kg for all other products concerned. 
(1°) The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted 
product as ready for consumption." 
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3. Article 6(1) shall be replaced by the following: 
"1. The arrangements for applying this Regulation, any amendments 
to be made to the list of products unfit for human consumption, 
as listed in Annex II, and the list of products exempt from 
this Regulation 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. 
(1) OJ No L 148, 28.6.68, p. 13.' 
4. Article 7 shall be replaced by the following: 
'The Regulation shall expire on 31 March 1995." 
5. Annex III shall be replaced by the Annex hereto. 
Article 2 
This Regulation shall enter into force on 1 April 1990 
This Regulation shall be binding in its entirety and directly 
appl(cable in alI Member States. 
Done at Brussels, For the Council 
- 5 -Annex 
ANNEX 
"Annex III 
Milk and milk products to which a maximum permitted level of 370 Bq/kg 
applies. 
Combined nomenclature subheading 
0401 
0402 
0403 10 11 to 39 
0403 90 11 to 69 
0404" 
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ISSN 0254-1475 
COM(90) 68 final 
DOCUMENTS 
EN 15 11 03 
Catalogue number : CB-CO-90-081-EN-C 
ISBN 92-77-57766-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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