29.7.1999 Official Journal of the European Communities L197/17 COMMISSION REGULATION (EC) No 1661/1999 of 27 July 1999 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing imports of agri- cultural products originating in third countries following the accident at the Chernobyl nuclear power-station ('), as amended by Regulation (EC) No 686/95 (3, and in particular Article 6 thereof, 1) Whereas the fallout of radiocaesium from the accident at the Chernobyl power station on 26 April 1986 has affected a wide range of third countries; whereas repeated cases of non-compliance with the maximum permitted levels of radioactive contamination have been recorded in consignments of certain types of mush- rooms imported from a number of third countries; Whereas similar fallout has affected certain parts of the territories of some Member States of the European Union; Whereas forest and wooded areas generally are the natural habitat of uncultivated mushrooms (the products listed in Annex I) and such ecosystems tend to retain radiocaesium in a cyclic exchange between soil and vegetation; Whereas, as a result, continual radiocaesium contamina- tion of uncultivated mushrooms has, in the period since the abovementioned accident, hardly declined and may well have increased in the case of certain species; Whereas the Commission has carried out in 1986 and subsequently updated an assessment of possible risks on human health from contaminated foodstuffs with radio- active caesium; whereas that assessment of possible risks is still valid today, taking into account the physical radioactive period of the substance in question, and, in addition, the maximum permitted level conforms in essence to the level recommended by the Codex Alimen- tarius Commission; Whereas, in accordance with Article 4 of Regulation (EEC) No 737/90, the Member States must carry out checks on products originating in third countries; Whereas the detailed rules for the application of that Regulation are to be found in Commission Regulation (EEC) No 1983/88 (%); , 29.3.1990, p. 1. 0] L 82, 29.3 0] L 71, 31.3.1995, p. 15. 0] L 174, 6.7 4, 6.7.1988, p. 32. ®) (10) (14) Whereas there is a need to update these provisions and to supplement them by specific conditions for the import of certain products; as appears from the consid- erations herein set out; Whereas Council Directive 92/59/EEC of 29 June 1992 on general product safety (*) has set up a system for the rapid exchange of information; Whereas the measures in situ in the territories of the Member States of the European Union flow from the legal obligations of those States pursuant to Articles 35 and 36 of the Euratom Treaty, the Community measures already referred to and national measures and controls which, taken together, are, in terms of equivalence of result, equal to those enacted in this Regulation; whereas the Commission is taking all the necessary measures to ensure that the Member States comply effectively with their legal obligations in this respect; Whereas even if the provisions for sampling and analysis of various agricultural products merit future considera- tion, the immediate requirement is to strengthen those provisions with respect to mushrooms; Whereas in order to allow more efficient controls, it is, as a consequence, necessary to identify a restricted number of customs offices where certain products may be declared for free circulation in the European Union; Whereas the lists of customs offices and of third coun- tries can be reviewed as appropriate, taking into account inter alia future compliance with the maximum permitted levels and other information allowing the Commission to judge whether there is a need to main- tain a third country on the list contained in Annex IV; Whereas for the same reason it is appropriate that export certificates, as referred to in Article 4 of Regula- tion (EEC) No 737/90, be provided for each consign- ment of such products; Whereas it is appropriate that the competent authorities of the Member States be authorised, at their sole discre- tion, to levy charges for sampling and analysis and for destruction of the product or its return provided that the principle of proportionality is observed in exercising the option of destruction or return and provided also that, in any event, the charges so levied do not exceed the costs incurred; () O] L 228, 11.8.1992, p. 24.