CELEX: 51990PC0068
Language: en
Date: 1990-02-23
Title: 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

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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 ---pagebreak---                                       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.
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i   The group of experts referred to in Article 31 of the Euratom Treaty, who wore
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I   consulted on this matter at their meeting of 21 and 22 June 1989, agreed that
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$   Regulation 3955/07 should be extended.
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 ---pagebreak---                                   - 2
                             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.
 ---pagebreak---                                       - 3-
HAS ADOPTED THIS REGULATION :
                                    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."
 ---pagebreak---                                     - 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.
                                  Article 2
This Regulation shall enter into force on 1 April 1990
This Regulation shall be binding          in  its  entirety and directly
appl(cable in alI Member States.
Done at Brussels,                        For the Council
 ---pagebreak---                                   - 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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 ---pagebreak---                                                                      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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