(Acts of the EG-Vertrags/Euratom-Vertrags were adopted in application)

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1 View: Translation Original Translate from: Detect language Translate into: French Page 1 Official Journal of the European Union L 201 / 1 (Acts of the EG-Vertrags/Euratom-Vertrags were adopted in application) I REGULATIONS REGULATION (EC) No 733/2008 THE COUNCIL of 15 July 2008 on the import of agricultural products originating in third countries the accident at the Chernobyl nuclear power station (Codified version) THE COUNCIL OF THE EUROPEAN UNION - Having regard to the Treaty establishing the European Community and in particular Article 133, the proposal from the Commission, Whereas: arene accident or other radiological emergency stood situation 3) Can ( be used, should the community about the specific effects of the Chernobyl accident to ensure that the human consumption of certain agricultural He products and processed products in which the Possibility of contamination exists only to GE common arrangements in the community spent be. (4) These joint arrangements, the Health protect the consumer and without undue influence impairment of trade between the Community and third countries, the unit will receive the market and Prevent deflections. (5) Compliance with the maximum values should continue Ge (1) Regulation (EEC) No 737/90 of mastering the subject matter controls may be more appropriate in the case of 22. March 1990 on the import conditions for agricultural to non-compliance can result in import restrictions. products originating in third countries after the accident at the Chernobyl nuclear 1) power Is station ( been substantially amended several 2). times For reasons and ( (6) many agricultural products is at the radio the clarity and simplicity it is recommended that active infestation decreased and will continue to that regulation should be codified. Values drop to that before the Chernobyl accident were recorded. It should therefore be a fixed process shall be in accordance with which such products from the An scope of application of this Regulation excluded who (2) After the accident at the Chernobyl nuclear power plant at the can. 26. April 1986, considerable quantities of radioactive active elements in the atmosphere spread. (7) Since this Regulation, all for human consumption certain agricultural products and processing a processed product is concerned, it is not necessary, in in this case, the Article 14 of Directive

2 (3) Notwithstanding the fact that in the future necessary 2004/68/EC of 26 April 2004 laying down chenfalls to the provisions of Regulation (Euratom tion of the sanitary conditions for the import and tom) No 3954/87 of 22 December 1987 Of certain live ungulate animals by laying down maximum permitted levels of radioactivity inthe Community 4) ( Method called apply. Food and feed in the event of a diag (3) OJ. L 371, , p. 11 Amended by Regulation (1) OJ. L 82, , p. 1 Last amended by (Euratom) No 2218/89 (OJ L 211, , p. 1). Regulation (EC) No 806/2003 (OJ L 122, , p. (4) 1). OJ. L 139, , p. 321 Corrected version in OJ. (2) See Annex III. L 226, , p. 128 Page 2 L 201 / 2 DE Official Journal of the European Union (8) The implementation of this regulation is necessary b) 600 Bq / kg for all other products concerned. Measures should accordingthe Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 1) Adopted Article 3 be - (1) The Member States shall check compliance with the in Article 2, paragraph 2, set maximum levels for in Arti Article 1 these products taking into account the contamination HAS ADOPTED THIS REGULATION: tion grades of the State of origin. Article 1 With the exception of Annex I, for human Diet products unfit and the products after article 6, paragraph 2 of the procedure in application scope of this Regulation, with the possible exception are those regulations apply to products originating in Third countries that are covered by: a) Annex I to the Treaty, The checks may also be the presentation of export products. Include According to the results of the inspections take with Member States for the purposes of Article 2, paragraph 1 necessary measures, including the prohibition of ex production for consumption in a particular case or generally for a particular product. b) of Regulation (EC) No 1667/2006 of 7 No November 2006 on glucose and lactose 2); ( c) of Regulation (EEC) No 2783/75 of 29 Ok October 1975 on the common system of trade in eggs albumin and milk albumin 3); ( d) of Regulation (EC) No 3448/93 of 6 December ber 1993 on the trade in goods resulting from land commercial products ( 4). Article 2 (1) Without prejudice to other provisions can NEN, the products referred to in Article 1 only on Vo the free movement spent in prerequisite that in Paragraph 2 of this Article set limits been complied with. (2) Each Member State shall provide the Commission with all information NEN with regard to the application of this Regulation, in particular especially the cases in which maximum values not respected have been. The Commission shall communicate this information to the other with Member States. (3) Where cases of repeated non-compliance with the Maximum values observed, then the necessary measures men referred to in Article 5, paragraph 2 above procedure be taken. These measures may even include prohibition of the import goods Ren originating in that country to go. (2) The maximum cumulative radioactivity of cesium-134 and cesium-137 may not exceed the following values 5): ( Article 4 The procedures for the application of this Regulation and a) 370 Bq / kg for milk and milk products listed in Annex that II to the list of goods listed in Annex I and the are listed, and to foods in the diet List of excluded products from this Regulation of infants during the first four to six appropriate changes to make after the Months of life, which is taken for the nutritional requirements in Article 5 paragraph method defined second this category of persons and in packings for Retailers are presented, as preparations are clearly marked and labeled for infants are devices; Article 5 (1) OJ. L 184, , p. 23 Amended by Decision (1) The Commission shall be assisted by a committee. 2006/512/EC (OJ L 200, , p. 11). (2) OJ. L 312, , p. 1 (3) OJ. L 282, , p. 104 Last amended by

3 Regulation (EC) No 2916/95 (OJ L 305, , p. 49). (4) OJ. L 318, , p. 18 Last amended by (2) Is made to this paragraph, the provisions of Articles 5 and 7 of Decision 1999/468/EC. Regulation (EC) No 2580/2000 (OJ L 298, , P. 5). (5) Value for concentrated or dried products is the on the basis of the direct consumption of reconstitutedthe period under Article 5, paragraph 6 of Decision substituted product calculated. 1999/468/EC sponsor will be set at. Page 3 Official Journal of the European Union L 201 / 3 Article 6 Shall expire Regulation (EEC) No 737/90, in which in included in Annex III are amended regulations will be a) 31 March 2010, unless the Council before that lifted. Time taking a different decision in particular, more if the list referred to in Article 4 of the excluded at References to the repealed Regulation shall be construed asnen all products suitable for human consumption references to this Regulation and shall be made th includes products to which this Regulation application task of the correlation table in Annex IV to read. type fittings; Article 7 b) the entry into force in Article 2, paragraph 1 of Regulation This Regulation shall enter into force on the twentieth day following (Euratom) its No publication 3954/87 of the Commission Regulation publication in the Official Journal of the European Union., If the Commission before 31 March 2010 comes into force. This Regulation shall be binding in its entirety and directly applicable in all Member State. Done at Brussels, 15 July For the Council The President M. Barnier

4 Page 4 L 201 / 4 DE Official Journal of the European Union ANNEX I Unsuitable for human consumption goods CN code Description ex ex ex 0106 Horse racing Other (live animals, except domestic rabbits and pigeons: not for human Nutrition) Live ornamental fish ex ex ex 0713 Eggs not in shell, and egg yolks, not suitable for nutritional 1) purposes ( 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 3, unfit Dried leguminous vegetables, shelled or broken, for sowing Spelt for sowing 1) ( Hybrid maize seed 1) ( Rice for sowing 1) ( Hybrid grain sorghum seed (1) Oil seeds and oleaginous fruit, whole or broken, 1) for sowing ( 1209 Seeds, fruit and spores, for sowing Lard and other pig fat for industrial uses other than the manufacturer set of food ( 1) Fat of cattle, sheep and goats, other than those of 1503, for industrial Purposes other than the manufacture of foodstuffs 1) ( Lard stearin and for industrial uses ( 1) Tallow oil for industrial uses other than the manufacture of foodstuffs 1) ( Wool grease and fatty substances derived therefrom, including lanolin Soybean oil and its fractions, refined but not chemically modified, for technical and industrial uses than the manufacture of foodstuffs ( 1) Groundnut oil and its fractions, refined but not chemically modified, for technical and industrial uses than the manufacture of foodstuffs ( 1)

5 Crude palm oil and its fractions, refined but not chemically modified, for technical and between industrial uses other than the manufacture of foodstuffs 1) ( Page 5 Official Journal of the European Union L 201 / 5 CN code Description Other oils for technical or industrial uses other than the manufacture of foodstuffs (Foodstuffs 1) Castor oil and its fractions for the manufacture of aminoundecanoic for generating synthetic fibers and plastics ( 1) Tung oil (tung oil), jojoba oil and Oiticica oils, myrtle and Japan wax, fractions Fluid, mixed vegetable oils and fats, for technical or industrial uses than the manufacture of foodstuffs (1) Ethyl alcohol and other spirits, denatured, Prepared binders for foundry molds or cores 4501 Natural cork, raw or simply prepared, waste cork, crushed, granulated or Flax, raw or processed but not spun 5302 Hemp (Cannabis sativa L.), raw or processed but not spun: tow and waste of Hemp (including yarn waste and textiles) ex Chapter 6 Live plants and other floricultural products, other than chicory plants and Sub-roots of the (1) Entry of this code is subject to the relevant Community provisions laid down preconditions Gen.

6 Page 6 L 201 / 6 DE Official Journal of the European Union ANNEX II Milk and milk products to the maximum level of 370 Bq / kg is a CN Regulation (EEC) No 737/90 (OJ L 82, , p. 1). ANNEX III Repealed Regulation with its successive amendments Regulation (EC) No 686/95 of the Council (OJ L 71, , p. 15). Regulation (EC) No 616/2000 of the Council (OJ L 75, , p. 1). Regulation (EC) No 806/2003 Only Annex III, point 7 (OJ L 122, , p. 1).

7 Page 7 Official Journal of the European Union L 201 / 7 Regulation (EEC) No 737/90 Article 1, introductory words Article 1, first indent Article 1, second indent Article 1, third indent ANNEX IV Correlation table This Regulation Article 1, introductory words Article 1, point a Article 1, point b Article 1, point c Article 1, fourth indent Article 1, point d Article 1, fifth indent - Article 2 Article 2, paragraph 1 Article 3, first introductory sentence - Article 3, second sentence Introduction Article 3, first and second indents Article 2, paragraph 2, introductory sentence Article 2, paragraph 2, points a and b Article 4, paragraph 1, sentences 1, 2 and 3Article 3, paragraph 1, subparagraphs 1, 2 and 3 Article 4, paragraph 2 sets 1 and 2 Article 3, paragraph 2, subparagraphs 1 and 2 Article 5 sets 1 and 2 Article 3, paragraph 3, paragraphs 1 and 2 Article 6 Article 4 Article 7 Article 5 - Article 6 Article 8, paragraph 1 Article 7 paragraph 1 Article 8, paragraph 2, introductory words Article 8, paragraph 2, point 1 Article 8, paragraph 2, point 2 Annex I Annex II Annex II - Annex III - Annex IV Article 7, paragraph 2, introductory words Article 7, paragraph 2, point a Article 7, paragraph 2, point b Annex I