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
Date: 1990-02-23
Institutions: European Commission
Subjects: agricultural product, food contamination, food inspection, import, nuclear accident, third country

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0,v. (90)  68 final 

Brussels,  23 February  1990 

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. 

The group of experts referred  to in Article 31 of the Euratom Treaty, who wore 

consulted on this matter at their meeting of 21 and 22 June 1989, agreed that 

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. 

HAS ADOPTED  THIS REGULATION : 

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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." 

-  4 

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. 

This Regulation shall  enter  into force on  1 April  1990 

Article  2 

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 
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