No L 371/14 Official Journal of the European Communities 30. 12. 87 COUNCIL REGULATION (EEC) No 3955/87 - of 22 December 1987 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; 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 Regulation (EEC) No 1707/86 (') fixed interim maximum permitted levels of radioactivity for all agricul- tural products originating in third countries and intended for human consumption, with which imports of the products must comply and in connection with which checks are carried out by the Member States ; whereas that Regulation was extended for the first time by Regulation (EEC) No 3020/86 (3 and again by Regulation (EEC) No '624/87 (°) until 31 October 1987 ; Whereas, without prejudice to 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 emergency (*). 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 contarhinated are intro- duced 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, 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 (°); 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 ; () OJ No L 146, 31. 5. 1986, p. 88. () OJ No L 280, 1. 10. 1986, p. 79. () OJ No L 58, 28. 2. 1987, p. 101. () See page 11 of this Official Journal. () OJ 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 ; Whereas adoption of this Regulation in its present form appears necessary in order to satisfy overriding and imme- diate requirements as mentioned in the third and fourth recitals, 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 Regulation (EEC) No 2730/75(5), No 2783/75(), No 3033/80 (*) and No 3035/80 (°) originating in third coun- tries, with the exception of the products referred to in the Annexes to this Regulation (*9). 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 thé 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 04.01 and 0402 of the 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’ (?); — 600 Bq/kg for all other products concerned. (9 OJ No L 281, 1. 11. 1975, p. 20. () O] No L 282, 1. 11. 1975, p. 104. (®) OJ No L 323, 29. 11. 1980, p. 1. () OJ No L 323, 29. 11. 1980, p. 27. (') Annex I shall apply until 31 December 1987 ; Annex II shall apply from 1 January 1988. (") These headings will be replaced as from 1 January 1988 by the corresponding headings of the combined nomenclature which appear in Annex IIL (') The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as rea- dy for consumption. -