Commission Implementing Regulation (EU) 2016/6 of 5 January 2016 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 322/2014 (Text with EEA relevance)

Commission Implementing Regulation (EU) 2016/6of 5 January 2016imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No 322/2014(Text with EEA relevance)

Article 1ScopeThis Regulation shall apply to feed and food, including minor food, within the meaning of Article 1 of Council Regulation (Euratom) 2016/52OJ L 13, 20.1.2016, p. 2 ("the products") originating in or consigned from Japan, with the exclusion of:(a)products which have been harvested and/or processed before 11 March 2011;(b)personal consignments of feed and food of animal origin which are covered by Article 2 of Commission Regulation (EC) No 206/2009Commission Regulation (EC) No 206/2009 of 5 March 2009 on the introduction into the Community of personal consignments of products of animal origin and amending Regulation (EC) No 136/2004 (OJ L 77, 24.3.2009, p. 1).;(c)personal consignments of feed and food other than of animal origin which are non-commercial and destined to a natural person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.

Article 2DefinitionFor the purposes of this Regulation, "consignment" means:for products for which a sampling and analysis is required by Article 5, a quantity of any of the feed or food falling within the scope of this Regulation of the same class or description, covered by the same document(s), conveyed by the same means of transport and coming from the same prefecture of Japan,for the other products falling within the scope of this Regulation, a quantity of any of the feed or food falling within the scope of this Regulation, covered by the same document(s), conveyed by the same means of transport and coming from one or more prefectures of Japan, within the limits set in the declaration referred to in Article 5.

Article 3Import into the UnionProducts may only be imported into the Union if they comply with this Regulation.

Article 4Maximum levels of caesium-134 and caesium-137Products shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex I.

Article 5Declaration for certain products1.Each consignment of feed and food referred to and falling under the CN codes mentioned in Annex II and the compound feed and food containing more than 50 % of these feed and food, originating in or consigned from Japan, shall be accompanied by a valid original declaration drawn up and signed in accordance with Article 6.2.The declaration referred to in paragraph 1 shall attest that the products comply with the legislation in force in Japan.3.The declaration referred to in paragraph 1 shall furthermore certify that:(a)the product has been harvested and/or processed before 11 March 2011; or(b)the product does not originate in and is not consigned from one of the prefectures listed in Annex IIThe list of products in Annex II is without prejudice to the requirements of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1)., for which the sampling and analysis of this product is required; or(c)the product is consigned from but does not originate in one of the prefectures listed in Annex II, for which the sampling and analysis of this product is required and has not been exposed to radioactivity during transiting or processing; or(d)the product originates in one of the prefectures listed in Annex II for which the sampling and analysis of this product is required and is accompanied by an analytical report containing the results of sampling and analysis; or(e)where the origin of the product or of its ingredients present at more than 50 % is unknown, the product is accompanied by an analytical report containing the results of sampling and analysis.4.Fish and fishery products referred to in Annex II, caught or harvested in the coastal waters of the prefectures of Fukushima, Gunma, Tochigi, Miyagi, Ibaraki, Chiba or Iwate shall be accompanied by a declaration referred to in paragraph 1 and by an analytical report containing the results of sampling and analysis, irrespective of where such products are landed.

Article 6Drawing up and signing of the declaration1.The declaration referred to in Article 5 shall be drawn up in accordance with the model set out in Annex III.2.For the products referred to in points (a), (b) and (c) of Article 5(3), the declaration shall be signed by an authorised representative of the competent Japanese authority or by an authorised representative of an instance authorised by the competent Japanese authority under the authority and supervision of the competent Japanese authority.3.For the products referred to in points (d) and (e) of Article 5(3) and in Article 5(4), the declaration shall be signed by an authorised representative of the competent Japanese authority and shall be accompanied by an analytical report containing the results of sampling and analysis.

Article 7IdentificationEach consignment of products referred to in Article 5(1) shall be identified by means of a code which shall be indicated on the declaration referred to in Article 5, on the analytical report referred to in Article 6(3), on the common entry document or common veterinary entry document, referred to in Article 9(2) and on the sanitary certificate accompanying the consignment.

Article 8Border inspection posts and designated point of entry1.Consignments of products referred to in Article 5(1) shall be introduced into the Union through a designated point of entry within the meaning of point (b) of Article 3 of Commission Regulation (EC) No 669/2009Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11). ("the designated point of entry").2.Paragraph 1 shall not apply to consignments of products referred to in Article 5(1) falling within the scope of Council Directive 97/78/ECCouncil Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).. Those consignments shall be introduced into the Union via a border inspection post within the meaning of point (g) of Article 2(2) of that Directive.

Article 9Prior notification1.Feed and food business operators or their representatives shall give prior notification of the arrival of each consignment of products referred to in Article 5(1).2.For the purpose of prior notification, feed and food business operators or their representatives shall complete:(a)for products of non-animal origin: Part I of the common entry document (CED) referred to in point (a) of Article 3 of Regulation (EC) No 669/2009, taking into account the notes for guidance for the CED laid down in Annex II to that Regulation; for the purpose of this Regulation, Box I.13 of the CED can contain more than one commodity code;(b)for fish and fishery products: the common veterinary entry document (CVED) set out in Annex III to Commission Regulation (EC) No 136/2004Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (OJ L 21, 28.1.2004, p. 11)..The respective document shall be transmitted to the competent authority at the designated point of entry or border inspection post, at least two working days prior to the physical arrival of the consignment.

Article 10Official controls1.The competent authorities of the border inspection post or designated point of entry shall carry out the following controls on the products referred to in Article 5(1):(a)documentary checks on all consignments;(b)random identity checks and random physical checks, including laboratory analysis on the presence of caesium-134 and caesium-137. The analytical results shall be available within a maximum of five working days.2.In case the result of the laboratory analysis provides evidence that the guarantees provided in the declaration referred to in Article 5 are false, the declaration is considered not to be valid and the consignment of feed and food does not comply with this Regulation.

Article 11CostsAll costs resulting from the official controls referred to in Article 10 and any measures taken following non-compliance shall be borne by the feed and food business operators.

Article 12Release for free circulation1.The release for free circulation of each consignment of products referred to in Article 5(1) shall be subject to the presentation (physically or electronically) by the feed or food business operator or their representative to the custom authorities of a CED duly completed by the competent authority once all official controls have been carried out. The custom authorities shall only release the consignment for free circulation if a favourable decision by the competent authority is indicated in box II.14 of the CED and signed in box II.21 of the CED.2.Paragraph 1 shall not apply to consignments of products referred to in Article 5(1) falling within the scope of Directive 97/78/EC. The release for free circulation of those consignments shall be subject to Regulation (EC) No 136/2004.

Article 13Non-compliant productsProducts which do not comply with this Regulation shall not be placed on the market. Such products shall be safely disposed of or returned to Japan.

Article 14ReviewThis Regulation shall be reviewed before 30 June 2019.

Article 15RepealImplementing Regulation (EU) No 322/2014 is repealed.

Article 16Transitional provisionBy way of derogation from Article 3, products may be imported into the Union under the following conditions:(a)they comply with Implementing Regulation (EU) No 322/2014; and(b)either they left Japan before the entry into force of this Regulation or they left Japan after the entry into force of this Regulation but before 1 February 2016 and they are accompanied by a declaration in accordance with Implementing Regulation (EU) No 322/2014 which was issued before the entry into force of this Regulation.

Article 17Entry into forceThis Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX I

Maximum levels for food (Bq/kg) as provided for in the Japanese legislationFor dried products that are intended to be consumed in a reconstituted state, the maximum level applies to the reconstituted product as ready for consumption.For dried mushrooms a reconstitution factor of 5 is of application.For tea, the maximum level applies to the infusion brewed from unfermented tea leaves. The processing factor for dried tea is 50, and therefore a maximum level of 500 Bq/kg on dried tea leaves ensures that the level in the brewed tea does not exceed the maximum level of 10 Bq/kg.In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Regulation (Euratom) 2016/52.

	Foods for infants and young children	Milk and milk-based drinks	Mineral water and similar drinks and tea brewed from unfermented leaves	Other food
Sum of caesium-134 and caesium-137	50	50	10	100

Maximum levels for feed (Bq/kg) as provided for in the Japanese legislationMaximum level is relative to feed with a moisture content of 12 %.In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis the values laid down in Regulation (Euratom) 2016/52.With the exemption of feed for ornamental fish.

	Feed intended for cattle and horses	Feed intended for pigs	Feed intended for poultry	Feed for fish
Sum of caesium-134 and caesium-137	100	80	160	40

ANNEX IIFeed and food for which sampling and analysis regarding the presence of caesium-134 and caesium-137 are required before export to the Union(a)products originating in the prefecture of Fukushima:mushrooms and derived products thereof falling within CN codes 07095100, 070959, 07108061, 07108069, 07115100, 07115900, 07123100, 07123200, 07123300, ex07123900, 200310, 200390 and ex20059980;fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 150410, 150420, 1604 with the exception of:Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex03028990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;greater amberjack (Seriola dumerili) falling within CN codes ex03028990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Japanese seabream (Pagrus major) falling within CN codes 03028590, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex03024990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex030235, ex030345, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Pacific chub mackerel (Scomber japonicus) falling within CN codes ex03024400, ex03035410, ex03044990, ex03045990, ex03048949, ex03049999, ex03051000, ex03052000, ex03053990, ex03054930, ex03055490, ex03056980, ex03057200, ex03057900, ex150410, ex150420, 160415 and ex16042050;soybeans and derived products thereof falling within CN codes 12019000, 12081000 and 1507;giant butterbur or Japanese butterbur (fuki) (Petasites japonicus) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;Aralia spp. and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex070999, ex071080, ex071190, ex071290, ex200490 and 20059100;bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(Japanese) persimmon (Diospyros sp.) and products derived thereof falling within CN codes 08107000, ex081190, ex081290 and ex081350;(b)products originating in the prefectures of Miyagi:mushrooms and derived products thereof falling within CN codes 07095100, 070959, 07108061, 07108069, 07115100, 07115900, 07123100, 07123200, 07123300, ex07123900, 200310, 200390 and ex20059980;fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 150410, 150420, 1604 with the exception of:Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex03028990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;greater amberjack (Seriola dumerili) falling within CN codes ex03028990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Japanese seabream (Pagrus major) falling within CN codes 03028590, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex03024990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex030235, ex030345, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Pacific chub mackerel (Scomber japonicus) falling within CN codes ex03024400, ex03035410, ex03044990, ex03045990, ex03048949, ex03049999, ex03051000, ex03052000, ex03053990, ex03054930, ex03055490, ex03056980, ex03057200, ex03057900, ex150410, ex150420, 160415 and ex16042050;Aralia spp. and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex070999, ex071080, ex071190, ex071290, ex200490 and 20059100;bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(c)products originating in the prefectures of Nagano:mushrooms and derived products thereof falling within CN codes 07095100, 070959, 07108061, 07108069, 07115100, 07115900, 07123100, 07123200, 07123300, ex07123900, 200310, 200390 and ex20059980;Aralia spp. and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(d)products originating in the prefectures of Gunma, Ibaraki, Tochigi, Chiba or Iwate:mushrooms and derived products thereof falling within CN codes 07095100, 070959, 07108061, 07108069, 07115100, 07115900, 07123100, 07123200, 07123300, ex07123900, 200310, 200390 and ex20059980;fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 150410, 150420, 1604 with the exception of:Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex03028990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;greater amberjack (Seriola dumerili) falling within CN codes ex03028990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Japanese seabream (Pagrus major) falling within CN codes 03028590, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;white trevally (Pseudocaranx dentex) falling within CN codes falling within CN codes ex03024990, ex03038990, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex030235, ex030345, ex03044990, ex03045990, ex03048990, ex03049999, ex03051000, ex03052000, ex03053990, ex03054980, ex03055985, ex03056980, ex03057200, ex03057900, ex150410, ex150420, ex16041991, ex16041997 and ex16042090;Pacific chub mackerel (Scomber japonicus) falling within CN codes ex03024400, ex03035410, ex03044990, ex03045990, ex03048949, ex03049999, ex03051000, ex03052000, ex03053990, ex03054930, ex03055490, ex03056980, ex03057200, ex03057900, ex150410, ex150420, 160415 and ex16042050;bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex070999, ex071080, ex071190, ex071290, ex200490 and 20059100;koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(e)products originating in the prefectures of Yamanashi, Yamagata, Shizuoka or Niigata:mushrooms and derived products thereof falling within CN codes 07095100, 070959, 07108061, 07108069, 07115100, 07115900, 07123100, 07123200, 07123300, ex07123900, 200310, 200390 and ex20059980;koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(f)compound products containing more than 50 % of the products listed under points (a) to (e) of this Annex.ANNEX III

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