29. 3. 90 Official Journal of the European Communities No L 82/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 737/90 of 22 March 1990 on the conditions governing impots. 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 3955/87 (*), as amended by 4003/89 (3, fixed maximum permitted levels of radioactivity for agricultural products originating in third countries and intended for human consumption with which imports of the-products concerned must comply and in connection with which checks are carried out by the-Member States ; whereas that Regulation applies only until 31 March 1990; Whereas, without prejudice. to the possibility of resorting, where necessary, in the future to the provisions of Council Regulation (Euratom) No.-3954/87 of 22 December 1987 laying down maximum permitted radio- activity levels for foodstuffs and feedingstuffs-following a nuclear accident or any other case of radiological emer- gency (), as amended by Regulation (Euratom) No 2218/89 (*), the Community must continue to ensure, with regard to the specific effects of the accident at Cher- nobyl, that. agricultural products and processed agricul- tural products intended -for human consumption and likely to be contaminated are introduced 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 the reasons prevailing when Regulation (EEC) No 3955/87 was adopted are still valid, particularly on () OJ-No L 371, 30. 12. 1987, p. 14. () OJ No L 382, 30. 12. 1989, p. 4. () OJ No L 371, 30. 12. 1987, p. 11. (9 OJ No L 211, 27. 7. 1989, p. 1. account of the fact that radioactive contamination in certain agricultural products originating in the third coun- tries affected by the accident still exceed the maximum permitted levels of radioactivity laid down in that Regula- tion ; Whereas compliance with the maximum permitted levels must be the subject of appropriate checks, which may lead to prohibiting imports in cases of non-compliance ; Whereas radioactive contamination in many agricultural products has decreased and will continue to decrease to the levels existing before the Chernobyl ~accident; whereas a procedure should therefore be established enabling such products to be excluded from the scope of the abovementioned Regulation ; 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, in order to clarify or adjust, as necessary, the measures provided for by this Regulation, a simplified procedure should be- established, HAS ADOPTED THIS REGULATION : Article 1 With the exception of the products—-unfit for human consumption listed in Annex I and those products which may. come to be excluded from the scope of this Regula- tion pursuant to the procedure laid down in Article 7, this Regulation shall apply to the products originating in third countries covered by: — Annex II to the Treaty, — Council Regulation (EEC) No 2730/75 of 29 October 1975 on glucose and lactose (), as amended by Commission Regulation (EEC) No 222/88 ('), () OJ No L 302, 31. 12. 1972, p. 28. 9 OJ No L 281, 1. 11. 1975, p. 20. ( () O No L 28, 1. 2. 1988, p. 1.