Council Regulation (EC) No 733/2008 of 15 July 2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station (Codified version)
Date: 2008-07-15
Institutions: Council of the European Union
Subjects: Ukraine, agricultural product, food contamination, food inspection, import (EU), nuclear accident, originating product, radioactivity, third country

30.7.2008

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 733/2008

of 15 July 2008

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

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

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 station (1) has
In the
been substantially amended several
interests of clarity and rationality the said Regulation
should be codified.

times (2).

(2)

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

(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 radio­
active contamination of foodstuffs and of feedingstuffs
following a nuclear accident or any other case of radio­

logical emergency (3),
the Community should ensure,
with regard to the specific effects of
the accident at
Chernobyl, that agricultural products and processed agri­
cultural products intended for human consumption and
likely to be contaminated are introduced into the
Community only according to common arrangements.

common arrangements

Those
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.

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

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 this Regulation.

Since this Regulation covers all agricultural products and
intended for human
processed agricultural products
in the present case, to
consumption, there is no need,
apply the procedure referred to in Article 14 of Council
Directive 2004/68/EC of 26 April 2004 laying down
animal health rules for the importation into and transit
through the Community of
certain live ungulate
animals (4).

(4)

(5)

(6)

(7)

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

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

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

(4) OJ L 139, 30.4.2004, p. 321, as corrected by OJ L 226, 25.6.2004,

(2) See Annex III.

p. 128.

(3) OJ L 371, 30.12.1987, p. 11. Regulation as amended by Regulation

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(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 Commission (1),

HAS ADOPTED THIS REGULATION:

Article 1

exception of

the products unfit

With the
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) Annex I to the Treaty;

(b) Council Regulation (EC) No 1667/2006 of 7 November

2006 on glucose and lactose (2);

(c) Council Regulation (EEC) No 2783/75 of 29 October 1975
trade for ovalbumin and

on the common system of
lactalbumin (3);

(d) Council Regulation (EC) No 3448/93 of 6 December 1993
laying down the trade arrangements applicable to certain
goods
agricultural
products (4).

from the processing of

resulting

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 of this Article:

(b) 600 Bq/kg for all other products concerned.

Article 3

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

Checking may
certificates.

also include

the presentation of

export

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.

Each Member State shall provide the Commission with all
this Regulation,
the maximum

2.
information concerning the application of
notably
non-compliance with
permitted levels.

cases

of

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

cases of

3. Where
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.

The accumulated maximum radioactive level in terms of

2.
caesium-134 and -137 shall be (5):

Article 4

(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’;

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(2) OJ L 312, 11.11.2006, p. 1.
(3) OJ L 282, 1.11.1975, p. 104. Regulation as last amended by
Commission Regulation (EC) No 2916/95 (OJ L 305, 19.12.1995,
p. 49).

(4) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regu­

lation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(5) The level applicable to concentrated or dried products shall be
calculated on the basis of the reconstituted product as ready for
consumption.

for

arrangements

The
any
applying
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).

Regulation,

this

1.

The Commission shall be assisted by a committee.

Article 5

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

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

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Article 6

It shall expire:

Council Regulation (EEC) No 737/90, as amended by the Regu­
lations listed in Annex III, 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.

Article 7

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

(a) 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;

(b) on the entry into force of

the Commission Regulation
referred to in Article 2(1) of Regulation (Euratom) No
3954/87,
such entry into force takes place before
31 March 2010.

if

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

Done at Brussels, 15 July 2008.

For the Council
The President

M. BARNIER

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ANNEX I

Products unfit for human consumption

CN code

Description

ex 0101 10 10
ex 0101 90 19

Racehorses

ex 0106

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

0301 10

Live ornamental fish

Eggs, not in shell, and egg yolks, unfit for human consumption (1)

0408 11 20
0408 19 20
0408 91 20
0408 99 20

ex 0504 00 00

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

0511 10 00
ex 0511 91 90
0511 99

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

ex 0713

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

1001 90 10

Spelt for sowing (1)

Hybrid maize for sowing (1)

1005 10 11
1005 10 13
1005 10 15
1005 10 19

1006 10 10

Rice for sowing (1)

1007 00 10

Hybrid sorghum for sowing (1)

Oil seeds and oleaginous fruit, whole or broken, for sowing (1)

1201 00 10
1202 10 10
1204 00 10
1205 10 10
1206 00 10
1207 20 10
1207 40 10
1207 50 10
1207 91 10
1207 99 15

1209

Seeds, fruits and spores, of a kind used for sowing

1501 00 11

1502 00 10

Lard and other pig fat for industrial uses other than the manufacture of foodstuffs for human
consumption (1)

Fats of bovine animals, sheep or goats, other than those of heading 1503, for industrial uses
other than the manufacture of foodstuffs for human consumption (1)

1503 00 11

Lard stearin and oleostearin for industrial uses (1)

1503 00 30

Tallow oil
for
consumption (1)

industrial uses other

than the manufacture of

foodstuffs

for human

1505 00

Wool grease and fatty substances derived therefrom (including lanolin)

1507 10 10
1507 90 10

1508 10 10
1508 90 10

1511 10 10

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 consumption (1)

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 consumption (1)

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 consumption (1)

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CN code

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
1515 90 21
1515 90 31
1515 90 40
1515 90 60
1516 20 95

1515 30 10

Description

Other oils for technical or industrial uses other than the manufacture of foodstuffs for human
consumption (1)

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 materials (1)

1515 90 11

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

1518 00 31
1518 00 39

Fixed vegetables oils, fluid, mixed, for technical or industrial uses other than the manufacture of
foodstuffs for human consumption (1)

2207 20 00

Ethyl alcohol and other spirits; denatured, of any strength

3824 10 00

Prepared binders for foundry moulds or cores

4501

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

5301 10 00
5301 21 00
5301 29 00

5302

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)

ex Chapter 6

Live trees and other plants; bulbs, roots and the like, cut flowers and ornamental
excluding plants and roots of chicory of subheading 0601 20 10

foliage,

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

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ANNEX II

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

CN codes 0401

0402

0403 10 11 to 39

0403 90 11 to 69

0404

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 3, first introductory sentence

Article 1(a)

Article 1(b)

Article 1(c)

Article 1(d)

—

Article 2(1)

—

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) first, second and third subparagraph

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(1) and (2)

Article 7(3)

—

Article 4

Article 5(1) and (2)

—

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

—

—

Annex I

Annex II

Annex III

Annex IV