Commission Implementing Regulation (EU) 2021/1533 of 17 September 2021 imposing special conditions governing the import of feed and food originating in or dispatched from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) 2016/6 (Text with EEA relevance)

Commission Implementing Regulation (EU) 2021/1533of 17 September 2021imposing special conditions governing the import of feed and food originating in or dispatched from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) 2016/6(Text with EEA relevance)

Article 1Subject matter and scope1.This Regulation lays down conditions for entry into the Union as regards food, including minor food, and feed within the meaning of Article 1 of Council Regulation (Euratom) 2016/52Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/990 (OJ L 13, 20.1.2016, p. 2). ("the products"), originating in or dispatched from Japan and intended for placing on the Union market.2.This Regulation shall not apply to the following categories of consignments of the products not exceeding the gross weight of 10 kg of fresh product or 2 kg of dry product:(a)consignments sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;(b)consignments which form part of passengers’ personal luggage and are intended for personal consumption or use;(c)non-commercial consignments sent to natural persons, which are not intended to be placed on the market;(d)consignments intended for scientific purposes.In case of doubt over the intended use of the products the burden of proof lies respectively with the owner of the personal luggage and with the recipient.

Article 2DefinitionsFor the purposes of this Regulation, the "coming from the same territory or third country", as referred to in Article 3, point (37), of Regulation (EU) 2017/625, means:coming from the same prefecture of Japan, for products for which sampling and analysis is required by Article 4;coming from one or more prefectures of Japan, all falling within the same situation as referred to in Article 4(3), for the other products falling within the scope of this Regulation.

Article 3Conditions for entry into the Union1.The products may only enter the Union if they comply with this Regulation.2.The products shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex I.3.Each consignment of products listed in Annex II, with reference to the relevant code from the Combined Nomenclature, originating in or dispatched from Japan, shall be accompanied by the official certificate referred to in Article 4. Each consignment shall be identified by means of an identification code, which shall be indicated on the official certificate and on the Common Health Entry Document (CHED) referred to in Article 56 of Regulation (EU) 2017/625.4.The list of products in Annex II is without prejudice to the requirements of Regulation (EU) 2015/2283 of the European Parliament and of the CouncilRegulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001 (OJ L 327, 11.12.2015, p. 1).

Article 4Official certificate1.Each consignment of products referred to and falling under the CN codes mentioned in Annex II and the compound products containing in quantity more than 50 % of the products listed in Annex II, originating in or dispatched from Japan, shall be accompanied by a valid original official certificate drawn up and signed in accordance with Article 5.2.The official certificate referred to in paragraph 1 shall attest that the products comply with Japanese applicable law and with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex I.3.The official certificate referred to in paragraph 1 shall furthermore state that one of the following applies:(a)the product does not originate in and is not dispatched from one of the prefectures listed in Annex II, for which the sampling and analysis of this product is required;(b)the product is dispatched 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;(c)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;(d)the origin of the product or of its ingredients present in quantity at more than 50 % is unknown and 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, which are caught or harvested in the coastal waters of the prefecture of Fukushima and Gunma, shall be accompanied by the official certificate referred to in paragraph 1 and by an analytical report containing the results of sampling and analysis, irrespective of where in Japan such products are landed.

Article 5Drawing up and signing of the official certificate1.The official certificate referred to in Article 4 shall be drawn up in accordance with the model set out in Annex III.2.For the products referred to in Article 4(3), points (a) and (b), the official certificate 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 Article 4(3), points (c) and (d), and in Article 4(4), the official certificate 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.4.The official certificate shall meet the requirements for official certificates laid down in Article 5 of Implementing Regulation (EU) 2020/2235.5.The competent authorities may issue a replacement official certificate only in accordance with the rules laid down in Article 6 of Implementing Regulation (EU) 2020/2235.6.The official certificate shall be completed on the basis of the instructions set out in Annex IV to this Regulation.

Article 6Official controls at entry into the Union1.The consignments of products referred to in Article 4(1) shall be subject to official controls at their entry into the Union, at border control posts.2.Products other than those referred to in Article 4(4) may be subject to identity and physical checks at the control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625, performed in accordance with Commission Delegated Regulation (EU) 2019/2123Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (OJ L 321, 12.12.2019, p. 64)..3.In addition to documentary checks on all consignments, the competent authorities of the border control post or control points shall carry out 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.

Article 7Release for free circulationCustoms authorities shall only allow the release for free circulation of consignments of the products referred to in Article 4(1) upon presentation of a duly finalised common health entry document, as provided for in Article 57(2)(b) of Regulation (EU) 2017/625, which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2) of that Regulation.

Article 8ReviewThis Regulation shall be reviewed before 30 June 2023.

Article 9RepealImplementing Regulation (EU) 2016/6 is repealed.

Article 10Transitional provisionConsignments of feed and food falling under the scope of Implementing Regulation (EU) 2016/6 which are accompanied by an official declaration issued in accordance with Implementing Regulation (EU) 2016/6 before 10 October 2021 may be imported into the Union under the conditions laid down by Implementing Regulation (EU) 2016/6.

Article 11Entry into forceThis Regulation shall enter into force on the twentieth 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)For 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 applies.For tea, the maximum level applies to the infusion brewed from unfermented tea leaves. The maximum level of 10 Bq/kg in tea brewed from unfermented leaves corresponds to 500 Bq/kg on dried tea leaves

	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)Maximum level is relative to feed with a moisture content of 12 %.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 IIFood and feed 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:wild mushrooms and derived products thereof falling within CN codes ex07095100, ex070959, ex07108061, ex07108069, ex07115100, ex07115900, ex07123100, ex07123200, ex07123300, ex07123900, ex20019050, ex200310, ex200390 and ex20059980;fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 150410, 150420 and 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, ex03038990, 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 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, ex16041441, ex16041448 and ex16042070;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;wild bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;dried (Japanese) persimmon (Diospyros sp.) and products derived thereof falling within CN codes ex08107000, ex081190, ex081290 and ex081350;(b)products originating in the prefecture of Miyagi:wild mushrooms and derived products thereof falling within CN codes ex07095100, ex070959, ex07108061, ex07108069, ex07115100, ex07115900, ex07123100, ex07123200, ex07123300, ex07123900, ex20019050, ex200310, ex200390 and ex20059980;bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex070999, ex071080, ex071190, ex071290, ex200490 and 20059100;wild bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;koshiabura (shoot of Eleutherococcus 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 070999, 071080, 071190 and 071290;(c)products originating in the prefecture of Gunma:fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 150410, 150420 and 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, ex03038990, 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 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, ex16041441, ex16041448 and ex16042070;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;koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(d)products originating in the prefectures of Yamanashi, Yamagata, Iwate or Shizuoka:wild mushrooms and derived products thereof falling within CN codes ex07095100, ex070959, ex07108061, ex07108069, ex07115100, ex07115900, ex07123100, ex07123200, ex07123300, ex07123900, ex20019050, ex200310, ex200390 and ex20059980;(e)products originating in the prefectures of Ibaraki, Nagano or Niigata:wild mushrooms and derived products thereof falling within CN codes ex07095100, ex070959, ex07108061, ex07108069, ex07115100, ex07115900, ex07123100, ex07123200, ex07123300, ex07123900, ex20019050, ex200310, ex200390 and ex20059980;koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex070999, ex071080, ex071190 and ex071290;(f)compound products containing in quantity more than 50 % of the products listed under points (a) to (e) of this Annex.ANNEX IIIMODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 4

	JAPAN	Official certificate for the entry into the Union of food and feed
	II.Official certification		II.aCertificate reference No	II.bIMSOC reference No
	In accordance with Commission Implementing Regulation (EU) 2021/1533 imposing special conditions governing the import of feed and food originating in or dispatched from Japan following the accident at the Fukushima nuclear power station, the……(authorised representative referred to in Article 5(2) or (3) of Implementing Regulation (EU) 2021/1533)CERTIFIES that the consignment is compliant with the legislation in force in Japan as regards the maximum levels for the sum of caesium-134 and caesium-137.CERTIFIES that the consignment concerns:□products referred to in Annex II to Implementing Regulation (EU) 2021/1533 which do not originate in and are not dispatched from one of the prefectures listed in Annex II to Implementing Regulation (EU) 2021/1533, for which the sampling and analysis of this product is required;□products referred to in Annex II to Implementing Regulation (EU) 2021/1533 which are dispatched from but do not originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2021/1533, for which the sampling and analysis of this product is required, and have not been exposed to radioactivity during transiting or processing;□products referred to in Annex II to Implementing Regulation (EU) 2021/1533 which originate in one of the prefectures listed in Annex II to Implementing Regulation (EU) 2021/1533, for which the sampling and analysis of this product is required, and have been sampled on …(date) and subjected to laboratory analysis on …(date) in the … (name of laboratory) to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached;□products referred to in Annex II to Implementing Regulation 2021/1533 of unknown origin, or a derived product thereof, or a compound feed or food containing in quantity more than 50 % of those products as (an) ingredient(s) of unknown origin, which have been sampled on … (date) and subjected to laboratory analysis on… (date) in the … (name of laboratory) to determine the level of the radionuclides, caesium-134 and caesium-137. The analytical report is attached.Done at… on …NotesSee instructions for completion in Annex IV to Commission Implementing Regulation (EU) 2021/1533.Part II: The colour of the signature shall be different to that of the print. The same rule applies to stamps other than those that are embossed or are a watermark.
			Stamp and signature of the authorised representative referred to in Article 5(2) or (3) of Implementing Regulation (EU) 2021/1533

ANNEX IVINSTRUCTIONS FOR THE COMPLETION OF THE OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 4GeneralTo positively select any option, please tick or mark the relevant box with a cross (X).Whenever mentioned, "ISO" means the international standard two-letter code for a country, in accordance with the international standard ISO 3166 alpha-2List of country names and code elements: http://www.iso.org/iso/country_codes/iso-3166-1_decoding_table.htm..Only one of the options may be selected in boxes I.15, I.18, I.20.Unless otherwise indicated, the boxes are compulsory.If the consignee, the entry border control post (BCP) or the transport details (that is to say, the means and date) change after the certificate has been issued, the operator responsible for the consignment must advise the competent authority of the Member State of entry. Such a change shall not result in a request for a replacement certificate.If the official certificate is submitted in IMSOC, the following applies:the entries or boxes specified in Part I constitute the data dictionaries for the electronic version of the official certificate;the sequences of boxes in Part I of the model official certificate and the size and shape of those boxes are indicative;where a stamp is required, its electronic equivalent is an electronic seal. Such a seal shall comply with the rules for the issuance of electronic certifications referred to in point (f) of the first paragraph of Article 90 of Regulation (EU) 2017/625.PART IDetails of the dispatched consignmentCountry:The name of the third country issuing the official certificate.Box I.1.Consignor/Exporter: the name and address (street, city and region, province or state, as appropriate) of the natural or legal person dispatching the consignment that must be located in the third country.Box I.2.Certificate reference No: the unique mandatory code assigned by the competent authority of the third country in accordance with its own classification. This box is compulsory for all official certificates not submitted in IMSOC.Box I.2.a.IMSOC reference No: the unique reference code automatically assigned by IMSOC, if the official certificate is registered in IMSOC. This box must not be completed if the official certificate is not submitted in IMSOC.Box I.3.Central competent authority: name of the central authority in the third country issuing the official certificate.Box I.4.Local competent authority: if applicable, the name of the local authority in the third country issuing the official certificate.Box I.5.Consignee/Importer: name and address of the natural or legal person for whom the consignment is intended in the Member State.Box I.6.Operator responsible for the consignment: the name and address of the person in the Union in charge of the consignment when presented to the BCP, and who submits the necessary certificates to the competent authorities either as the importer or on behalf of the importer. This box is optional.Box I.7.Country of origin: the name and ISO code of the country where the goods are originating from, grown, harvested or produced.Box I.8.Prefecture from where the goods are originating from, grown, harvested or producedBox I.9.Country of destination: the name and ISO code of the European Union country of destination of the products.Box I.11.Place of dispatch: the name and address of the holdings or establishments from which the products come.Any unit of a company in the food sector. Only the establishment shipping the products is to be named. In the case of trade involving more than one third country (triangular movement), the place of dispatch is the last third-country establishment of the export chain from which the final consignment is transported to the Union.Box I.12.Place of destination: this information is optional.For the placing on the market: the place where the products are sent for final unloading. Give the name, address and approval number of the holdings or establishments in the place of destination, if applicable.Box I.14.Date and time of departure: the date when the means of transport departs (aeroplane, vessel, railway or road vehicle).Box I.15.Means of transport: means of transport leaving the country of dispatch.Mode of transport: aeroplane, vessel, railway, road vehicle or other. "Other" means modes of transport not covered by Council Regulation (EC) No 1/2005Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1)..Identification of the means of transport: for aeroplanes, the flight number, for vessels, the ship name(s), for railways, the train identity and wagon number, for road transport, the registration number plate (with trailer number plate, if applicable).In the case of a ferry, the identification of the road vehicle, the registration number plate (with trailer number plate, if applicable), and the name of the scheduled ferry must also be provided.Box I.16.Entry BCP: state the name of the BCP and its identification code assigned by IMSOC.Box I.17.Accompanying documents:Laboratory report: indicate the reference number and the date of issuance of the report/results of laboratory analysis referred to in Article 4(3)(c) and (d) and Article 4(4)Other: the type and reference number of the document must be stated when a consignment is accompanied by other documents such as a commercial document (for example, the airway bill number, the bill of lading number or the commercial number of the train or road vehicle).Box I.18.Transport conditions: category of required temperature during the transport of products (ambient, chilled, frozen). Only one category may be selected.Box I.19.Container No/Seal No: if applicable, the corresponding numbers.The container number must be provided if the goods are transported in closed containers.Only the official seal number must be stated. An official seal applies if a seal is affixed to the container, truck or rail wagon under the supervision of the competent authority issuing the official certificate.Box I.20.Goods declared as: state the intended use for products, as specified in the relevant Union official certificate.Human consumption: concerns only products intended for human consumption.Box I.22.For internal market: for all consignments destined to be placed on the market in the Union.Box I.23.Total number of packages: the number of packages. In the case of bulk consignments, this box is optional.Box I.24.Quantity:Total net weight: this is defined as the mass of the goods themselves without immediate containers or any packaging.Total gross weight: overall weight in kilograms. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging but excludes transport containers and other transport equipment.Box I.25.Description of goods: state the relevant Harmonised System code (HS code) and the title defined by the World Customs Organisation as referred to in Council Regulation (EEC) No 2658/87Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).. This customs description shall be supplemented, if necessary, by additional information required to classify the products.Indicate the species, types of products, number of packages, type of packaging, batch number, net weight, and final consumer (i.e. products are packed for the final consumer).Species: the scientific name, or as defined in accordance with Union law.Type of packaging: indicate the type of packagingPART IIOfficial certificationThis part must be completed by an authorised representative referred to in Article 5(2) or (3) of Implementing Regulation (EU) 2021/1533Box II.Official certificate: please complete this part in accordance with the specific Union requirements relating to the nature of the products.If the official certificate is not submitted in IMSOC, the statements which are not relevant must be crossed out, initialled and stamped by the authorised certifying officer, or completely removed from the official certificate.If the official certificate is submitted in IMSOC, the statements which are not relevant must be crossed out or completely removed from the official certificate.Box II.a.Certificate reference No: same reference code as in box I.2.Box II.b.IMSOC reference No: same reference code as in box I.2.a. Mandatory only for official certificates issued in IMSOC.Authorised representativeOfficial of the competent authority of the third country authorised to sign official certificates by such authorities. Indicate the name in capital letters, qualification and title, where applicable, identification number and original stamp of the competent authority and date of signature.

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