Proposal for a Council Regulation on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power-station (Codified version)
Date: 2007-06-04
Institutions: European Commission
Subjects: Russia, agricultural product, codification of EU law, import, nuclear accident, originating product, radioactive pollution

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.6.2007 
COM(2007) 291 final 

2007/0101 (ACC) 

Proposal for a 

COUNCIL REGULATION  

on the conditions governing imports of agricultural products originating in third 
countries following the accident at the Chernobyl nuclear power-station 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2 stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing imports 
of  agricultural  products  originating  in  third  countries  following  the  accident  at  the 
Chernobyl  nuclear  power-station3.  The  new  Regulation  will  supersede  the  various 
acts  incorporated  in  it4;  this  proposal  fully  preserves  the  content  of  the  acts  being 
codified  and  hence  does  no  more  than  bring  them  together  with  only  such  formal 
amendments as are required by the codification exercise itself. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC)  No  737/90  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis Communautaire, COM(2001) 645 final. 
See Annex III to this proposal. 

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2. 

3. 

4. 

5. 

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2 
3 

4 

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Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table set out in Annex IV to the codified Regulation. 

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(cid:208) 737/90 (adapted) 

2007/aaaa (ACC) 

Proposal for a 

COUNCIL REGULATION 

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, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(1) 

Council Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing 
imports of agricultural products originating in third countries following the accident at 
the Chernobyl nuclear  power-station3 has been substantially amended several times4. 
In the interests of clarity and rationality the said Regulation should be codified. 

(cid:208)  

(2) 

Following  the  accident  at  the  Chernobyl  nuclear  power-station  on  26  April  1986, 
considerable quantities of radioactive elements were released into the atmosphere. 

(cid:208) 737/90 Recital 1 

(3)  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  maximum  permitted  levels  of  radioactive  contamination  of  foodstuffs  and  of 

(cid:208) 737/90 Recital 3 (adapted) 

1 
2 
3 

4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  82,  29.3.1990,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No 806/2003  (OJ  L  122, 
16.5.2003, p. 1). 
See Annex III. 

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feedingstuffs  following  a  nuclear  accident  or  any  other  case  of  radiological 
emergency5], the Community ⌦ should ⌫ ensure, with regard to the specific effects 
of  the  accident  at  Chernobyl,  that  agricultural  products  and  processed  agricultural 
products  intended  for  human  consumption  and  likely  to  be  contaminated  are 
introduced into the Community only according to common arrangements. 

(4) 

Those  common  arrangements  should  safeguard  the  health  of  consumers,  maintain, 
without  having  unduly  adverse  effects  on  trade  between  the  Community  and  third 
countries, the unified nature of the market and prevent deflections of trade. 

(cid:208) 737/90 Recital 4 

(5) 

Compliance  with  the  maximum  permitted  levels  ⌦ should ⌫  be  the  subject  of 
appropriate checks, which may lead to prohibiting imports in cases of non-compliance. 

(cid:208) 737/90 Recital 6 (adapted) 

(6) 

(7) 

(cid:208) 737/90 Recital 7 (adapted) 

Radioactive  contamination  in  many  agricultural  products  has  decreased  and  will 
continue to decrease to the levels existing before the Chernobyl accident. A procedure 
should therefore be established enabling such products to be excluded from the scope 
of Regulation (Euratom) No ⌦ [3954/87] ⌫ . 

(cid:208) 737/90 Recital 8 (adapted) 

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  ⌦ referred  to ⌫  in  Article  ⌦ 14 ⌫  of  ⌦ Council ⌫ 
Directive ⌦ 2004/68/EC6 ⌫. 

(8)  ⌦ The  measures  necessary  for  the  implementation  of  this  Regulation  should  be 
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission7, ⌫  

(cid:208) 737/90 Recital 9 (adapted) 

5 

6 
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[OJ L 371, 30.12.1987, p. 11. Regulation as amended by Regulation (Euratom) No 2218/89 (OJ L 211, 
22.7.1989. p. 1).] 
OJ L 139, 30.4.2004, p. 320. 
OJ  L 184,  17.7.1999,  p. 23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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HAS ADOPTED THIS REGULATION: 

(cid:208) 737/90 (adapted) 

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 ⌦ in accordance 
with ⌫  the  procedure  ⌦ referred  to ⌫  in  Article  5(2),  this  Regulation  shall  apply  to  the 
products originating in third countries covered by: 

(a) 

(b) 

(c) 

(d) 

(e) 

Annex ⌦ I ⌫ to the Treaty; 

Council Regulation [(EEC) No 2730/75 8];  

Council Regulation [(EEC) No 2783/75 9];  

Council Regulation (EC) No ⌦ 3448/93 ⌫ ⌦ 10 ⌫;  

Council ⌦ Regulation (EC) No 776/94 ⌫ 11 . 

Article 2 

⌦ 1. ⌫ 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 ⌦ paragraph 2 ⌫ :  

(cid:208) 616/2000 Art. 1(a) (adapted) 

⌦ 2. ⌫ The accumulated maximum radioactive level in terms of caesium – 134 and – 137 
shall be12: 

(a) 

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'; 

(b) 

600 Bq/kg for all other products concerned. 

8 
9 
10 
11 
12 

[OJ L 281, 1.11.1975, p. 20.] 
[OJ L 282, 1.11.1975, p. 104.] 
⌦ OJ L 318, 20.12.1993, p. 18. ⌫ 
OJ L 91, 8.4.1994, p. 6. 
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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(cid:208) 737/90 (adapted) 

Article 3 

1.  Member  States  shall  check  compliance  with  the  maximum  permitted  levels  laid  down  in 
Article  2(2)  in  respect  of  the  products  referred  to  in  Article  1,  taking  into  account 
contamination levels in the country of origin.  

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(1)  to  apply,  including  the  prohibition  of  release  for  free  circulation, 
taking each case individually or generally for a given product. 

2.  Each  Member  State  shall  provide  the  Commission  with  all  information  concerning  the 
application of this Regulation, notably cases of non-compliance with the maximum permitted 
levels.  

The Commission shall circulate such information to the other Member States. 

⌦ 3. ⌫ Where cases of repeated non-compliance with the maximum permitted levels have 
been  recorded,  the  necessary  measures  may  be  taken  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 5(2).  

Such measures may even include the prohibition of the import of products originating in the 
third country concerned. 

Article 4  

The arrangements for applying this Regulation, any amendments to be made to the products 
in  Annex  I,  and  the  list  of  products  excluded  from  this  Regulation  shall  be  adopted  in 
accordance with the procedure ⌦ referred to ⌫ in Article 5(2). 

(cid:208) 806/2003 Art. 3 and Annex III 
pt. 7 

1. The Commission shall be assisted by a committee. 

Article 5  

2.  Where 
is  made 
reference 
Decision 1999/468/EC shall apply. 

to 

this  ⌦ paragraph ⌫,  Articles 5  and  7  of 

(cid:208) 806/2003 Art. 3 and Annex III 
pt. 7 (adapted) 

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

3. The Committee shall adopt its Rules of Procedure. 

(cid:208) 806/2003 Art. 3 and Annex III 
pt. 7 

(cid:208)  

Article 6 

Council Regulation (EEC) No 737/90 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex IV. 

(cid:208) 737/90 (adapted) 

Article 7 

This Regulation shall enter into force on ⌦ the twentieth day following that of its publication 
in the Official Journal of the European Union ⌫. 

It shall expire: 

(cid:208) 616/2000 Art. 1(c) 

(a) 

(b) 

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  4  covers  all  the 
products fit for human consumption to which this Regulation applies; 

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. 

(cid:208) 737/90 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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(cid:208) 737/90 (adapted) 

ANNEX I 

Products unfit for human consumption 

CN code 

Description 

ex 0101 ⌦ 10 10 ⌫ 

Racehorses 

⌦ ex 0101 90 19 ⌫ 

ex 0106  

ex 0301 

0408 11 ⌦ 20 ⌫ 

0408 19 ⌦ 20 ⌫ 

0408 91 ⌦ 20 ⌫ 

0408 99 ⌦ 20 ⌫ 

ex 0504 ⌦ 00 00 ⌫ 

0511 10 00 

ex 0511 91 90 

0511 99 

⌦ ex ⌫ 0713 

1001 90 10 

1005 10 11 

1005 10 13 

1005 10 15 

1005 10 19 

Other (live animals, excluding domestic rabbits and 
pigeons: not for human consumption) 

Live ornamental fish 

Eggs, not in shell, and egg yolks, unfit for human 
consumption1 

Non-edible guts, bladders and stomachs of animals 
(other than fish), whole and pieces thereof 

Animal products not elsewhere specified or included, 
excluding edible animal blood; dead animals of 
Chapter 1 or Chapter 3, unfit for human consumption 

Dried leguminous vegetables, shelled, whether or not 
skinned or split, for sowing 

Spelt for sowing2 

Hybrid maize for sowing3 

1 
2 
3 

Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 

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⌦ 1005 10 90 ⌫ 

⌦ Other maize for sowing ⌫ 

1006 10 10 

Rice for sowing4 

1007 00 ⌦ 10 ⌫ 

Hybrid sorghum for sowing5 

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 99 ⌦ 15 ⌫ 

⌦ ex ⌫ 1209 

1501 00 11 

1502 00 10 

Oil seeds and oleaginous fruit, whole or broken, for 
sowing6 

Seeds, fruit and spores, of a kind used for sowing 
⌦ , capable of germination (i.e., fit for sowing) ⌫ 

Lard and other pig fat for industrial uses other than 
the manufacture of foodstuffs for human 
consumption7 

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 consumption8 

1503 00 11 

Lard stearin and oleostearin for industrial uses9 

4 
5 
6 
7 
8 
9 

Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 

EN 

10 

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1503 00 30 

1505 ⌦ 00 ⌫ 

1507 10 10 

1507 90 10 

1508 10 10 

1508 90 10 

Tallow oil for industrial uses other than the 
manufacture of foodstuffs for human consumption10 

Wool grease and fatty substances derived therefrom 
(including lanolin) 

Soya bean oil and its fractions, whether or not 
refined; but not chemically modified, for technical 
uses other than the manufacture of foodstuffs for 
human consumption11 

Ground-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 consumption12 

10 
11 
12 

Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 

EN 

11 

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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 consumption13 

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 materials14 

Tung oil ⌦ ; jojoba and oiticica oils; myrtle wax and 
Japan wax; their ⌫ fractions 

Other oils for technical or industrial uses other than 
the manufacture of foodstuffs for human 
consumption15 

1511 10 10 

1515 30 10 

1515 ⌦ 90 11 ⌫ 

1511 90 91 

1512 11 ⌦ 10 ⌫ 

1512 19 10 

1512 21 10 

1512 29 10 

1513 11 10 

1513 19 30 

1513 21 ⌦ 10 ⌫ 

1513 29 30 

1514 ⌦ 11 ⌫ 10 

1514 ⌦ 19 ⌫ 10 

⌦ 1514 91 10 ⌫ 

⌦ 1514 99 10 ⌫ 

1515 19 10 

1515 21 10 

1515 29 10 

1515 50 11 

1515 50 91 

13 
14 
15 

Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 

EN 

12 

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1515 90 21 

1515 90 31 

1515 90 40 

1515 90 60 

1516 20 ⌦ 95 ⌫ 

1518 00 31 

1518 00 39 

2207 20 00 

Fixed vegetables oils, fluid, mixed, for technical or 
industrial uses other than the manufacture of 
foodstuffs for human consumption16 

Ethyl alcohol and other spirits; denatured, of any 
strength 

⌦ 3824 ⌫ 10 00 

Prepared binders for foundry moulds or cores 

4501 

5301 10 00 

5301 21 00 

5301 29 00 

5302 

ex Chapter 6 

Natural cork, raw or simply prepared; waste cork; 
crushed granulated or ground cork 

Flax, raw or processed but not spun 

True hemp (Cannabis sativa L.), raw or processed 
but not spun; tow and waste of true hemp (including 
yarn waste and garnetted stock) 

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 

_____________ 

16 

Entry under this subheading is subject to conditions laid down in the relevant Community provisions. 

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Milk and milk products to which a maximum permitted level of 370 Bq/kg applies 

ANNEX II 

CN codes 

0401 

0402 

0403 10 11 to 39 

0403 90 11 to 69 

0404 

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(cid:207) 

ANNEX III 

Repealed Regulation with list of its successive amendments 

Council Regulation (EEC) No 737/90 
(OJ L 82, 29.3.1990, p. 1) 

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

Council Regulation (EC) No 616/2000 
(OJ L 75, 24.3.2000, p. 1) 

Council Regulation (EC) No 806/2003 
(OJ L 122, 16.5.2003, p. 1) 

point 7 of Annex III only 

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ANNEX IV 

CORRELATION TABLE 

Regulation (EEC) No 737/90 

This Regulation 

Article 1, introductory words 

Article 1, introductory words 

Article 1, first indent 

Article 1, second indent 

Article 1, third indent 

Article 1, fourth indent 

Article 1, fifth indent 

Article 2 

Article 1(a) 

Article 1(b) 

Article 1(c) 

Article 1(d) 

Article 1(e) 

Article 2 (1) 

Article 3, first introductory sentence 

- 

Article 3, second introductory sentence  

Article 2(2) introductory sentence 

Article 3, first and second indent 

Article 2(2) (a) and (b) 

Article 4(1) first, second and third sentence 

Article  3(1) 
subparagraph 

first, 

second 

and 

third 

Article 4(2) first and second sentence 

Article 3(2) first and second subparagraph 

Article 5 first and second sentence 

Article 3(3) first and second subparagraph 

Article 6 

Article 7 

- 

Article 4 

Article 5 

Article 6 

Article 8, first paragraph 

Article 7, first paragraph 

Article  8,  second  paragraph,  introductory 
words 

Article  7,  second  paragraph,  introductory 
words 

Article 8, second paragraph, point 1 

Article 7, second paragraph, point (a) 

Article 8, second paragraph, point 2 

Article 7, second paragraph, point (b) 

Annex I 

Annex II 

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Annex I 

Annex II 

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_ 

_ 

Annex III 

Annex IV 

___________________ 

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