Council Regulation (EC) No 616/2000 of 20 March 2000 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
Date: 2000-03-20
Institutions: Council of the European Union
Subjects: USSR, agricultural product, import, nuclear accident, public health, radioactive pollution

24.3.2000

EN

Official Journal of the European Communities

L 75/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 616/2000

of 20 March 2000

amending Regulation (EEC) No 737/90 on the conditions governing imports of agricultural prod-
ucts 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,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EEC) No 737/90 (1) fixed, for agricultural
products 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.
The said Regulation is to apply only until 31 March
2000.

The reasons prevailing when the said Regulation was
adopted and extended are still valid, because radioactive
contamination of certain agricultural products origin-
ating in the third countries most affected by the accident
still exceeds the maximum permitted levels of radioac-
tivity laid down in that Regulation.

Commission Regulation (EC) No 1661/1999 (2) revising
Commission Regulation (EEC) No 1983/88 (3) has, inter
alia,
introduced specific conditions strengthening the
controls on the import of non-cultivated mushrooms
from a number of third countries.

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 radio-
nuclide which is some 30 years.

The experience gained in the implementation of the
checks referred to in Article 4 of Regulation (EEC) No
in particular regarding the imports of dried
737/90,

mushrooms, has shown that, in order to remain consis-
tent, the maximum permitted levels referred to in Article
3 thereof are to be calculated for all concentrated or
dried products on the basis of the reconstituted products
as ready for consumption.

Council Regulation (Euratom) No 3954/87 (4) laid down
maximum permitted levels of radioactive contamination
of foodstuffs and of feeding stuffs following a nuclear
accident or any other case of radiological emergency. It
is necessary, in such situations, to ensure consistency of
any measures implemented.

It is advisable to extend for a second time Regulation
(EEC) No 737/90.

The measures necessary for the implementation of Regu-
lation (EEC) No 737/90 should be adopted in accord-
ance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (5),

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 737/90 is hereby amended as follows:

(a) Article 3 shall be replaced by the following:

‘Article 3

The maximum permitted levels referred to in Article 2 shall
be as follows:

the accumulated maximum radioactive level
caesium — 134 and — 137 shall be(7):

in terms of

(1) OJ L 82, 29.3.1990, p. 1. Regulation as amended by Regulation

(EC) No 686/95 (OJ L 71, 31.3.1995, p. 15).

(2) OJ L 197, 29.7.1999, p. 17.
(3) OJ L 174, 6.7.1988, p. 32.

(4) OJ L 371, 30.12.1987, p. 11. Regulation as last amended by Regu-

lation (Euratom) No 2218/89 (OJ L 211, 22.7.1989, p. 1).

(5) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

24.3.2000

— 370 Bq/kg for milk and milk products listed in Annex
II 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 persons and are put up for retail sale in
packages which are clearly identified and labelled “food
preparation for infants”,

— 600 Bq/kg for all other products concerned.’;

(b) Article 7 shall be replaced by the following:

‘Article 7

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

3.

The committee shall adopt its rules of procedure.’;

(c) the second subparagraph of Article 8 shall be replaced by

the following:

‘It shall expire:

1. on 31 March 2010, unless the Council decides other-
wise at an earlier date,
the list of
excluded products referred to in Article 6 covers all the
products fit
for human consumption to which this
Regulation applies;

in particular if

2. on 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

The period laid down in Article 5(6) of Decision 1999/
468/EC shall be set at one month.

This Regulation shall enter into force on the day of its publica-
tion 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, 20 March 2000.

For the Council

The President

J. GAMA