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
Modified by
  • Council Regulation (EC) No 686/95of 28 March 1995extending 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, 31995R0686, March 31, 1995
  • Council Regulation (EC) No 616/2000of 20 March 2000amending 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, 32000R0616, March 24, 2000
  • Council Regulation (EC) No 806/2003of 14 April 2003adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (qualified majority), 32003R0806, May 16, 2003
  • Council Regulation (EC) No 733/2008of 15 July 2008on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(Codified version), 32008R0733, July 30, 2008
Council Regulation (EEC) No 737/90of 22 March 1990on the conditions governing impots 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, following the accident at the Chernobyl nuclear power-station on 26 April 1986, considerable quantities of radioactive elements were released into the atmosphere;Whereas 3955/87OJ No L 371, 30. 12. 1987, p. 14., as amended by 4003/89OJ No L 382, 30. 12. 1989, p. 4., 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; whereas that Regulation applies only until 31 March 1990;Whereas, 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 radioactivity levels for foodstuffs and feedingstuffs following a nuclear accident or any other case of radiological emergencyOJ No L 371, 30. 12. 1987, p. 11., as amended by Regulation (Euratom) No 2218/89OJ No L 211, 27. 7. 1989, p. 1., the Community must continue to 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;Whereas these 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;Whereas the reasons prevailing when Regulation (EEC) No 3955/87 was adopted are still valid, particularly on account of the fact that radioactive contamination in certain agricultural products originating in the third countries affected by the accident still exceed the maximum permitted levels of radioactivity laid down in that Regulation;Whereas compliance with the maximum permitted levels must be the subject of appropriate checks, which may lead to prohibiting imports in cases of non-compliance;Whereas radioactive contamination in many agricultural products has decreased and will continue to decrease to the levels existing before the Chernobyl accident; whereas a procedure should therefore be established enabling such products to be excluded from the scope of the abovementioned Regulation;Whereas, 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 provided for in Article 29 of Directive 72/462/EECOJ No L 302, 31. 12. 1972, p. 28.;Whereas, in order to clarify or adjust, as necessary, the measures provided for by this Regulation, a simplified procedure should be established,HAS ADOPTED THIS REGULATION:
Article 1With 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 pursuant to the procedure laid down in Article 7, this Regulation shall apply to the products originating in third countries covered by:Annex II to the Treaty,Council Regulation (EEC) No 2730/75 of 29 October 1975 on glucose and lactoseOJ No L 281, 1. 11. 1975, p. 20., as amended by Commission Regulation (EEC) No 222/88OJ No L 28, 1. 2. 1988, p. 1.,Council Regulation (EEC) No 2783/75 of 29 Octrober 1975 on the common system of trade for ovalbumin and lactalbuminOJ No L 282, 1. 11. 1975, p. 104., as amended by Commission Regulation (EEC) No 4001/87OJ No L 377, 31. 12. 1987, p. 44.,Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural productsOJ No L 323, 29. 11. 1980, p. 1., as amended by Commission Regulation (EEC) No 3743/87OJ No L 352, 15. 12. 1987, p. 29.,Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain on certain agricultural products exported in the form of goods not covered by Annex II to the Teaty, and the criteria for fixing the amount of such refundsOJ No L 323, 29. 11. 1980, p. 27., as last amended by Regulation (EEC) No 3209/88OJ No L 286, 20. 10. 1988, p. 6..
Article 2Without 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 Article 3.
Article 3The maximum permitted levels referred to in Article 2 shall be as follows:the accumulated maximum radioactive level in terms of caesium — 134 and — 137 shall beThe level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as ready for consumption.: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.
Article 41.Member States shall check compliance with the maximum permitted levels set in Article 3 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 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.
Article 5Where cases of repeated non-compliance with the macimum permitted levels have been recorded, the necessary measures may be taken in accordance with the procedure laid down in Article 7. Such measures may even include the prohibition of the import of products originating in the third country concerned.
Article 6The 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 laid down in Article 7.
Article 71.The Commission shall be assisted by a committee.2.Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/ECOJ L 31, 1.2.2002, p. 1. shall apply.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.
Article 8This Regulation shall enter into force on 1 April 1990.It shall expire:1.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 6 covers all the products fit for human consumption to which this Regulation applies;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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IProducts unfit for human consumption
Entry under this subheading is subject to conditions laid down in the relevant Community provisions.
CN codeDescription
ex01011990Racehorses
ex01060099Other (live animals, excluding domestic rabbits and pigeons: not for human consumption)
ex0301Live ornamental fish
04081190040819900408919004089990Eggs, not in shell, and egg yolks, unfit for human consumption
ex0504Non-edible guts, bladders and stomachs of animals (other than fish), whole and pieces thereof
05111000ex051191900511991005119990Animal products not elsewhere specified or included, excluding edible animal blood; dead animals of Chapter 1 or Chapter 3, unfit for human consumption
0713201007133110071332100713331007133910071340100713501007139010Dried leguminous vegetables, shelled, whether or not skinned or split, for sowing
10019010Spelt for sowing
10051011100510131005101510051019Hybrid maize for sowing
10061010Rice for sowing
ex10070000Hybrid sorghum for sowing
1201001012021010120400101205001012060010120710101207201012073010120740101207501012076010120791101207921012079910Oil seeds and oleaginous fruit, whole or broken, for sowing
12091100120919001209210012092310120924001209260012093000120991120999Seeds, fruit and spores, of a kind used for sowing
15010011Lard and other pig fat for industrial uses other than the manufacture of foodstuffs for human consumption
15020010Fats 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 consumption
15030011Lard stearin and oleostearin for industrial uses
15030030Tallow oil for industrial uses other than the manufacture of foodstuffs for human consumption
150510Wool grease and fatty substances derived therefrom (including lanolin)
1507101015079010Soya 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
1508101015089010Ground-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
15111010Crude 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
15153010Castor 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
15154000Tung oil and its fractions
15159010Oiticica oils, myrtle wax and Japan wax; their fractions
15119091151211901512191015121990151221101512291015131110151319301513211115132119151329301514101015149010151511001515191015152110151529101515501115155091151590211515903115159040151590601516209115162099Other oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption
1518003115180039Fixed vegetables oils, fluid, mixed, for technical or industrial uses other than the manufacture of foodstuffs for human consumption
22072000Ethyl alcohol and other spirits; denatured, of any strength
38231000Prepared binders for foundry moulds or cores
4501Natural cork, raw or simply prepared; waste cork; crushed granulated or ground cork
530110005301210053012900Flax, raw or processed but not spun
5302True hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)
ex Chapter 6Live trees and other plants; bulbs, roots and the like, cut flowers and ornamental foliage, excluding plants and roots of chicory of subheading 06012010
ANNEX IIMilk and milk products to which a maximum permitted level of 370 Bq/kg applies
CN codes0401
0402
04031011 to 39
04039011 to 69
0404