No L 146/88 Official Journal of the European Communities 31. 5. 86 COUNCIL REGULATION (EEC) No 1707/86 of 30 May 1986 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, 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 the provisional measures adopted by Regulation (EEC) No 1388/86 (") should be replaced by an arrange- ment which enables imports to be reinstated, providing that maximum permitted levels are imposed; whereas, however, these levels applicable to third countries might need to be re-examined in the light of Community decisions regarding internal permitted contamination levels ; Whereas the Community must seek to ensure that agri- cultural products and processed agricultural products intended for human consumption and likely to be contaminated are introduced into the Community only according to common arrangements which 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 subject of minimum reference levels is still in need of more thorough scientific study but it is never- theless desirable that, for reasons of urgency and by means of an emergency procedure, interim maximum permitted limits should be established, with which imports of the products concerned must comply and in connection with which checks will be carried out by the Member States, 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/EEC (3 ; Whereas compliance with the maximum permitted levels will have to be the subject of appropriate checks backed up by the possibility of prohibiting imports in cases of non-compliance ; Whereas, in order to supplement, clarify or adjust, as necessary, the measures provided for by this Regulation, a simplified procedure should be established ; () OJ No L 127, 13. 5. 1986, p. 1. () OJ No L 302, 31. 12. 1972, p. 28. Whereas adoption of this Regulation in its present form appears necessary in order to satisfy overriding and im- mediate requirements as mentioned in the third recital, HAS ADOPTED THIS REGULATION : Article 1 This Regulation shall apply to the products covered by Annex II to the Treaty and to the products covered by Regulations (EEC) No 2730/75 (%), (EEC) No 2783/75 (%), (EEC) No 3033/80 () and (EEC) No 3035/80 () origina- ting in third countries, with the exception of the products referred to in the Annex to this Regulation. Article 2 Without 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 3 The 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 be: — 370 Bq/kg for milk falling within headings No 04.01 and No 04.02 of Common Customs Tariff 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’ (%), — 600Bq/kg for all other products concerned. Article 4 1. 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 () OJ No L 281, 1. 11. 1975, p. 20. () OF No L 282, 1. 11. 1975, p. 104. () OJ No L 323, 29. 11. 1980, p. 1. (9 OJ No L 323, 29. 11. 1980, p. 27. () The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as ready for consumption.