Commission Regulation (EC) No 1635/2006 of 6 November 2006 laying down detailed rules for the application of Council 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
Modified by
  • Commission Regulation (EU) No 519/2013of 21 February 2013adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia, 32013R0519, June 10, 2013
  • Commission Implementing Regulation (EU) 2019/370of 7 March 2019amending Regulation (EC) No 1635/2006 laying down detailed rules for the application of Council Regulation (EEC) No 737/90, by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union(Text with EEA relevance), 32019R0370, March 8, 2019
  • Commission Implementing Regulation (EU) 2020/1158of 5 August 2020on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station(Text with EEA relevance), 32020R1158, August 6, 2020
Commission Regulation (EC) No 1635/2006of 6 November 2006laying down detailed rules for the application of Council 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
Article 11.Checks on the radiocaesium content referred to in Article 3 of Regulation (EEC) No 737/90 of products referred to in Article 1 of the same Regulation, to ensure that the maximum permitted levels laid down by the said Regulation are observed, shall be carried out by the Member States in which the products are released for free circulation and at the latest at that time.2.Checks shall be carried out by sampling in accordance with the following minimum standards:(a)without prejudice to paragraph 3(b), the choice of the Member State as to the intensity of controls to be carried out shall be made taking account in particular of the degree of contamination of the country of origin, the characteristics of the products in question, the results of the previous checks and the export certificates referred to in Article 3;(b)without prejudice to the further measures provided for in Articles 5 and 6 of Regulation (EEC) No 737/90, where a product originating in a third country is recorded as exceeding the maximum permitted levels, checks shall be intensified for all products of the same type originating in the third country in question.3.Checks on specific products shall be carried out in accordance with the following rules:(a)for animals for slaughter, the checks shall be carried out without prejudice to the customs rules laid down in Council Regulation (EEC) No 2913/92OJ L 302, 13.10.1992, p. 1. and Commission Regulation (EEC) No 2454/93OJ L 253, 11.10.1993, p. 1. and to animal health requirements. Clearance of release for free circulation shall be subject to the presentation of a certificate issued by the competent authorities responsible for controls to the effect that the meat in question has undergone the system of checks and that those checks have shown that the maximum permitted levels have not been exceeded;(b)for products listed in Annex I, originating in third countries listed in Annex II, documentary checks shall be performed on the basis of the duly completed export certificates referred to in Article 3 accompanying each consignment. Each consignment exceeding 10 kg of fresh product or the equivalent thereof shall be subject to systematic sampling and analysis, taking appropriate account of the information contained in the export certificate. These products may only be declared for free circulation in the Member State of destination in a restricted number of customs offices. The list of customs offices shall be published in the Official Journal of the European Union, following notification by the Member States.4.Where failure to comply with the maximum permitted levels is observed in respect of a given product, the competent authorities of the Member State may require the imported product to be destroyed or returned to the country of origin. In the latter case, written evidence that the product has left the territory of the Community will be forwarded to the customs authority which refused the release for free circulation.5.For the products referred to in paragraph 1 of this Article, the competent authorities may levy charges on the importer for the sampling and analysis of products for compliance with Regulation (EEC) No 737/90. For consignments which exceed the maximum permitted levels, the competent authorities may also recover from their intended importer costs associated with either the destruction of the consignment or its return to the country of origin.
Article 21.Each Member State shall by analogy apply Article 50 of Regulation (EC) No 178/2002 to notify the Commission without delay of recorded cases of non-compliance with the provisions on maximum permitted levels, set out in Regulation (EEC) No 737/90, stating the country of origin, the description and degree of contamination of the goods, the means of transport, the exporter and the decision taken in respect of the lots in question.2.Member States shall inform the Commission of the bodies assigned to implement checks.3.The Commission shall inform the Member States without delay of recorded cases of non-compliance with the maximum permitted levels through the Community rapid alert system established pursuant to Regulation (EC) No 178/2002.
Article 31.The Member States shall ensure that the export certificates issued by the competent authorities of third countries listed in Annex II attest that the products that they accompany comply with the maximum permitted levels laid down in Article 3 of Regulation (EEC) No 737/90. The export certificates shall be compiled using a form printed on white paper in accordance with the specimen in Annex III.2.The Commission shall communicate to the Member States the details received concerning the authorities authorised in the third countries in question to issue export certificates.
Article 4Regulation (EC) No 1661/1999 is repealed.References to the repealed Regulation shall be construed as references to this Regulation.
Article 5This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IList of products for which the provisions of Article 1(3)(b) shall be fulfilledCN codes:
ex070959mushrooms, fresh or chilled, other than cultivated mushrooms
ex07108069mushrooms (uncooked or cooked by steaming or boiling in water), frozen, other than cultivated mushrooms
ex07115900mushrooms provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, other than cultivated mushrooms
ex07123900dried mushrooms, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms
ex20019050mushrooms prepared or preserved by vinegar or acetic acid other than cultivated mushrooms
ex20039000mushrooms, prepared or preserved otherwise than by vinegar or acetic acid, other than cultivated mushrooms
ANNEX IIList of third countries referred to in Article 3AlbaniaBelarusBosnia and HerzegovinaBulgariaCroatiaLiechtensteinFormer Yugoslav Republic of MacedoniaMoldovaMontenegroNorwayRomaniaRussiaSerbiaSwitzerlandTurkeyUkraineUnited Kingdom of Great Britain and Northern IrelandANNEX IIIEXPORT CERTIFICATE FOR AGRICULTURAL PRODUCTS (ONE CERTIFICATE PER SPECIES)This certificate must be lodged in triplicate with the entry for free circulation and be kept by the customs
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