Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 737/90 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)

EXPLANATORY MEMORANDUM

The aim of this proposal is to extend for ten years the system for checking compliance with the maximum permitted levels of radioactivity in agricultural products laid down by Regulation (EEC) No 737/90 which took account of the continuing situation resulting from the accident at the Chernobyl nuclear power-station and was later extended in time by Regulation (EC) No 686/95 until March 2000.

This is justified by the fact that the reasons prevailing at the time the Regulation was adopted and extended remain valid; radioactive contamination in certain agricultural products originating in the third countries most affected still exceeds the maximum permitted levels of radioactivity laid down in the Regulation of 1990. In addition, there is now scientific evidence that the duration of caesium-137 contamination of a number of products originating from species living and growing in forests and wooded areas essentially relates to the physical half-life of that radionuclide which is some 30 years.

In this context attention should be drawn to the fact that as a response to repeated cases of non-compliance with the maximum permitted levels of radioactive contamination laid down in Council Regulation (EEC) No 737/90 recorded in autumn 1998, in respect of certain species of mushrooms presented for import into the European Union, the Commission adopted Regulation (EC) No 1661/99 revising Regulation (EEC) No 1983/88, thereby introducing specific conditions strengthening the control on the import of non-cultivated mushrooms from a number of third countries.

The ad-hoc committee established in accordance with Article 7 of Regulation (EEC) No 737/90 was consulted on this matter at its meeting on 17 December 1998. The Group of experts referred to in Article 31 of the Euratom Treaty was also consulted on the advisability of further extending the validity in time of Regulation (EEC) No 737/90 at its meeting on 7 June 1999. In both cases it was concluded that such an extension would be appropriate. The ad-hoc committee confirmed its support at its meeting on 16 November 1999.

It is to be noted in addition that Council Regulation (EEC) No 3954/87 allows for the introduction, by means of a Commission Regulation, of different more generalized constraints in the event of a future undefined nuclear accident or radiological emergency and if such constraints were to be introduced there would be discrepancies with those set out in Regulation (EEC) No 737/90. Hence there is a need to confirm the provision that the latter will automatically be repealed in the event of the former being invoked.

Finally, the experience gained in the implementation of the checks referred to in Article 4 of Regulation (EEC) No 737/90, in particular regarding the import of dried mushrooms, has shown that in order to remain consistent the maximum permitted levels referred to in Article 3 shall be calculated for all concentrated or dried products on the basis of the reconstituted product as ready for consumption rather than the limited range of products as at present.

Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 737/90 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 UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

(1) Whereas Regulation (EEC) No 737/90 [1]as extended by Regulation (EC) No 686/95 [2] fixed, for agricultural products originating in third countries and intended for human consumption, maximum permitted levels of radioactivity with which imports must comply and in connection with which checks are carried out by the Member States; whereas the said Regulation is to apply only until 31 March 2000;

[1] OJ L 82, 29.3.1990, p. 1.

[2] OJ L 71, 31.3.1995, p. 15/89.

(2) Whereas the reasons prevailing when the said Regulation was adopted and extended are still valid, because radioactive contamination of certain agricultural products originating in the third countries most affected by the accident still exceeds the maximum permitted levels of radioactivity laid down in that Regulation;

(3) Whereas Commission Regulation (EC) No 1661/99 [3] revising Commission Regulation (EEC) No 1983/88 [4] has, inter alia, introduced specific conditions strengthening the controls on the import of non-cultivated mushrooms from a number of third countries;

[3] OJ L 197, 29.7.1999, p. 17.

[4] OJ L 174, 6.7.1988, p. 32.

(4) Whereas there is now scientific evidence that the duration of caesium-137 contamination following the Chernobyl accident of a number of products originating from species living and growing in forests and wooded areas essentially relates to the physical half-life of that radionuclide which is some 30 years;

(5) Whereas the experience gained in the implementation of the checks referred to in Article 4 of Regulation (EEC) No 737/90, in particular regarding the imports of dried mushrooms, has shown that in order to remain consistent the maximum permitted levels referred to in Article 3 shall be calculated for all concentrated or dried products on the basis of the reconstituted products as ready for consumption;

(6) Whereas Council Regulation (Euratom) No 3954/87 [5] laid down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency; whereas it is necessary, in such situations, to ensure consistency of any measures implemented;

[5] OJ L 371, 30.12.1987, p. 11. as amended by Regulation (Euratom) No 2218/89 (OJ L 211, 27.7.1989, p. 1).

(7) Whereas it is advisable to extend for a second time Regulation (EEC) No 737/90 as first extended by Regulation (EC) No 686/95,

(8) Whereas, since the measures necessary for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [6], they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

[6] OJ L 184, 17.7.1999, p. 23.

HAS ADOPTED THIS REGULATION:

Article 1

The second Paragraph of Article 8 of Regulation (EEC) No 737/90 shall be replaced by the following:

'It shall expire:

1. On 31 March 2010, unless the Council decides otherwise at an earlier date, in particular if the list of excluded products referred to in Article 6 covers all the products fit for human consumption to which this 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 entry into force takes place before 31 March 2010.'

Article 2

Footnote (7) applying to the first indent of Article 3 of Regulation (EEC) 737/90 shall also apply to the second indent of that Article.

Article 3

1. The Commission shall be assisted by the ad-hoc committee instituted by Article 7 of Regulation (EEC) No 737/90, composed of representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) thereof.

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be one month.

Article 4

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,

For the Council

The President