Commission Implementing Regulation (EU) 2024/256 of 17 January 2024 amending Implementing Regulation (EU) 2020/1158 on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station
Commission Implementing Regulation (EU) 2024/256of 17 January 2024amending Implementing Regulation (EU) 2020/1158 on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station(Text with EEA relevance) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyOJ L 31, 1.2.2002, p. 1., and in particular Article 53(1), point (b)(ii), thereof,Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)OJ L 95, 7.4.2017, p. 1., and in particular Article 54(4), first subparagraph, point (b), and Article 90, first paragraph, points (a), (c) and (f), thereof,Whereas:(1)Commission Implementing Regulation (EU) 2020/1158Commission Implementing Regulation (EU) 2020/1158 of 5 August 2020 on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station (OJ L 257, 6.8.2020, p. 1). imposes conditions on the import of food and feed originating in certain third countries following the accident at the Chernobyl nuclear power station.(2)In Implementing Regulation (EU) 2020/1158, the footnote defining how the maximum level has to be applied to concentrated or dried products was erroneously omitted and should therefore be inserted again.(3)Commission Implementing Regulation (EU) 2019/628Commission Implementing Regulation (EU) 2019/628 of 8 April 2019 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates (OJ L 131, 17.5.2019, p. 101). concerning model official certificates for certain animals and goods has been repealed by Commission Implementing Regulation (EU) 2020/2235Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1). and the correlation table in Annex VI of that Regulation contains errors with regard to references to corresponding Articles of the two acts. Those correlation errors relate to the articles of Implementing Regulation (EU) 2019/628 referred to in Implementing Regulation (EU) 2020/1158 and therefore the reference to the articles of Implementing Regulation (EU) 2019/628 should be replaced by the correct reference to the articles of Implementing Regulation (EU) 2020/2235.(4)Article 3 of Implementing Regulation (EU) 2020/1158 requires that each consignment of products from third countries listed in Annex I to that Implementing Regulation that are listed in Annex II to that Implementing Regulation, with reference to the relevant CN code from the Combined Nomenclature, is accompanied by the relevant official certificate and identified by means of an identification code to be indicated on the official certificate and on the Common Health Entry Document.(5)Commission Implementing Regulation (EU) 2021/1832Commission Implementing Regulation (EU) 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 385, 29.10.2021, p. 1)., which is applicable since January 2022, introduced new CN codes for mushrooms of the genus Cantharellus (CN 070953), Boletus (CN 070952), Shiitake (CN 070954, CN 071234), Matsutake (CN 070955) and truffles (CN 070956, CN 07108095, CN 20019097). Those mushrooms were falling under the CN code 070959 before that change in the Customs Nomenclature. For the sake of legal certainty and clarity, Implementing Regulation (EU) 2020/1158 should be updated in order to reflect these changes of the CN codes.(6)To ensure a harmonised application across the Union of conditions governing imports of food and feed originating in third countries and to ensure a high level of human health protection, it is important to clarify and to avoid any legal uncertainty that the conditions for entry into the Union are applicable to all products containing or derived from wild mushrooms and wild fruits of the genus Vaccinium. Therefore, new entries should be added.(7)Certain products should be added to Annex II to Implementing Regulation (EU) 2020/1158, for which the conditions governing imports of food and feed originating from third countries were not applicable previously. This concerns in particular mixtures of nuts and dried fruits, jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, mixtures of juices, flavoured waters and certain food products consisting of several ingredients containing the listed mushrooms and fruits. The inclusion of those products would ensure a high level of human health protection and to avoid any doubt that the conditions for entry into the Union are applicable to all products containing or derived from listed wild mushrooms and from wild fruits.(8)Furthermore, in accordance with Article 5(1) of Implementing Regulation (EU) 2020/1158, the physical controls on products listed in Annex II to that Implementing Regulation, subject to border control post checks, should be performed at the border control post or at a designated control point.(9)Given that certain foods containing wild mushrooms or wild berries might contain also ingredients of animal origin, the physical controls on those foods should be performed at the border control post only.(10)In order to enable economic operators to take the necessary measures to comply with requirements of sampling, analysis and certification for the products concerned by this measure and to allow a smooth transition to the new rules, it is appropriate to provide for a transitional period during which consignments falling under CN codes ex081350, ex2007, ex200897, ex200990, ex220210, ex220299, ex170490, ex1806 and ex1905 do not need to be accompanied by an official certificate as required by Article 3(3) of Implementing Regulation (EU) 2020/1158.(11)For certain wild mushrooms previously falling under CN code ex070959, new CN codes have been established since 2020 i.e. ex07095200, ex07095300, ex07095400, ex07095500, ex07095600 and ex07123400. Furthermore, processed wild truffles previously covered under the CN codes ex07108069 and ex20019050 are traded under CN codes ex7108095 and ex20019097. Therefore, there is no need to provide for transitional measures for those products as Article 3(3) of Implementing Regulation (EU) 2020/1158 is already applicable to them.(12)Implementing Regulation (EU) 2020/1158 should therefore be amended accordingly.(13)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION:
Article 1Amendments to Implementing Regulation (EU) 2020/1158Implementing Regulation (EU) 2020/1158 is amended as follows:(1)in Article 3, paragraph 2 is replaced by the following:"2.The products shall comply with the following accumulated maximum permitted levels of radioactive contamination in terms of caesium-137The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as ready for consumption.";:(a)370 Bq/kg for milk and milk products and for food for infants and young children as defined in Article 2(2)(a) and (b) of Regulation (EU) No 609/2013;(b)600 Bq/kg for all other products concerned.
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The level applicable to concentrated or dried products shall be calculated on the basis of the reconstituted product as ready for consumption.";(2)in Article 4, paragraphs 3 and 4 are replaced by the following:"3.The official certificate which is not submitted in the Information Management System for Official Controls (IMSOC) by the competent authority of the third country issuing it shall also meet the requirements for model official certificates not submitted in IMSOC laid down in Article 5 of Implementing Regulation (EU) 2020/2235.4.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.";(3)in Article 5, paragraph 1 is replaced by the following:"1.Consignments of products of non-animal origin referred to in Article 3(3) shall be subject to official controls at their entry into the Union at a border control post and/or at a designated control point.Consignments of products referred to in Article 3(3) containing ingredient or ingredients of animal origin shall be subject to official controls at their entry into the Union at a border control post.";(4)Annex II is replaced by the Annex to this Regulation.
Article 2Transitional measureConsignments of products falling under CN codes ex081350, ex2007, ex200897, ex200990, ex220210, ex220299, ex170490, ex1806 and ex1905, which have been dispatched to the Union from a third country listed in Annex I to Implementing Regulation (EU) 2020/1158, before the date of entry into force of this Regulation, may enter the Union until 7 March 2024 without being accompanied by the official certificate as required by Article 3(3) of that Implementing Regulation, under the condition that they comply with all other requirements of Union law applicable to them.
Article 3Entry 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.Done at Brussels, 17 January 2024.For the CommissionThe PresidentUrsula von der LeyenANNEX

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ANNEX IIList of products to which the conditions laid down in Article 3(3) apply
CN codeDescription
Food listed as mixtures hereafter relate to mixtures containing wild mushrooms and/or wild fruits of the genus Vaccinium in a quantity above 20 % of either a single product or as the sum of wild mushrooms and wild fruits of the genus Vaccinium.
ex07095100mushrooms of the genus Agaricus, fresh or chilled, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms of the genus Agaricus, fresh or chilled
ex07095200mushrooms of the genus Boletus, fresh or chilled, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms of the genus Boletus, fresh or chilled
ex07095300mushrooms of the genus Cantharellus, fresh or chilled, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms of the genus Cantharellus, fresh or chilled
ex07095400shiitake (Lentinus edodes), fresh or chilled, other than cultivated;mixtures of cultivated and wild shiitake (Lentinus edodes), fresh or chilled
ex07095500matsutake (Tricholoma matsutake, Tricholoma magnivelare, Tricholoma anatolicum, Tricholoma dulciolens, Tricholoma caligatum), fresh or chilled, other than cultivated;mixtures of cultivated and wild matsutake (Tricholoma matsutake, Tricholoma magnivelare, Tricholoma anatolicum, Tricholoma dulciolens, Tricholoma caligatum), fresh or chilled
ex07095600truffles (Tuber spp.), fresh or chilled, other than cultivated;mixtures of cultivated and wild truffles (Tuber spp.), fresh or chilled
ex07095900other mushrooms, fresh or chilled, other than cultivated mushrooms;mixtures of cultivated and wild other mushrooms, fresh or chilled
ex07108061mushrooms of the genus Agaricus (uncooked or cooked by steaming or boiling in water), frozen, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms of the genus Agaricus (uncooked or cooked by steaming or boiling in water), frozen
ex07108069other mushrooms (uncooked or cooked by steaming or boiling in water), frozen, other than cultivated mushrooms;mixtures of cultivated and wild other mushrooms (uncooked or cooked by steaming or boiling in water), frozen
ex07108095truffles (Tuber spp.) (uncooked or cooked by steaming or boiling in water), frozen, other than cultivated;mixtures of cultivated and wild truffles (uncooked or cooked by steaming or boiling in water), frozen
ex07115100mushrooms of the genus Agaricus provisionally preserved, but unsuitable in that state for immediate consumption, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms of the genus Agaricus provisionally preserved, but unsuitable in that state for immediate consumption
ex07115900other mushrooms and truffles provisionally preserved, but unsuitable in that state for immediate consumption, other than cultivated mushrooms;mixtures of cultivated and wild other mushrooms and truffles provisionally preserved, but unsuitable in that state for immediate consumption
ex07123100mushrooms of the genus Agaricus, dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms of the genus Agaricus, dried, whole, cut, sliced, broken or in powder, but not further prepared
ex07123200wood ears (Auricularia spp.) dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms;mixtures of cultivated and wild wood ears (Auricularia spp.) dried, whole, cut, sliced, broken or in powder, but not further prepared
ex07123300jelly fungi (Tremella spp.) dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms;mixtures of cultivated and wild jelly fungi (Tremella spp.) dried, whole, cut, sliced, broken or in powder, but not further prepared
ex07123400shiitake (Lentinus edodes) dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms;mixtures of cultivated and wild shiitake (Lentinus edodes) dried, whole, cut, sliced, broken or in powder, but not further prepared
ex07123900other mushrooms and truffles, dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms;mixtures of cultivated and wild other mushrooms and truffles, dried, whole, cut, sliced, broken or in powder, but not further prepared
ex20019050mushrooms prepared or preserved by vinegar or acetic acid other than cultivated mushrooms;mixtures of cultivated and wild mushrooms prepared or preserved by vinegar or acetic acid
ex20019097truffles (Tuber spp.) prepared or preserved by vinegar or acetic acid other than cultivatedmixtures of cultivated and wild truffles (Tuber spp.) prepared or preserved by vinegar or acetic acid
ex2003mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid, other than cultivated mushrooms;mixtures of cultivated and wild mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
ex081040wild cranberries, wild bilberries and other wild fruit of the genus Vaccinium, fresh;mixtures of wild and cultivated cranberries, bilberries and other fruit of the genus Vaccinium, fresh
ex08119050wild fruits of the species Vaccinium myrtillus, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter;mixtures of wild and cultivated fruits of the species Vaccinium myrtillus, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter
ex08119070wild fruits of the species Vaccinium myrtilloides and Vaccinium angustifolium, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter;mixtures of wild and cultivated fruits of the species Vaccinium myrtilloides and Vaccinium angustifolium, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter
ex08119095wild fruits of other species of the genus Vaccinium, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter;mixtures of wild and cultivated fruits of the other species of the genus Vaccinium, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter
ex08129040wild fruits of the species Vaccinium myrtillus, provisionally preserved, but unsuitable in that state for immediate consumption;mixtures of wild and cultivated fruits of the species Vaccinium myrtillus provisionally preserved, but unsuitable in that state for immediate consumption;
ex08134095wild fruits, dried, of the genus Vaccinium
ex08135015ex08135019ex08135091ex08135099mixture of dried fruits or of nuts and dried fruits containing wild fruits of the genus Vaccinium
ex2007jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter, made from and/or containing wild fruits of the genus Vaccinium or processed products thereof
ex200893wild cranberries (Vaccinium macrocarpon, Vaccinium oxycoccos) and lingonberries (Vaccinium vitis-idaea), otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included;mixtures of wild and cultivated cranberries (Vaccinium macrocarpon, Vaccinium oxycoccos) and lingonberries (Vaccinium vitis-idaea), otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included
ex200897Mixtures of fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, containing wild fruits of the genus Vaccinium
ex20089928ex20089934ex20089937ex20089940ex20089949ex20089967ex20089999other wild fruits of the genus Vaccinium, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included;mixtures of wild and cultivated other fruits of the genus Vaccinium, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included
ex200981cranberry (Vaccinium macrocarpon, Vaccinium oxycoccos) juice and lingonberry (Vaccinium vitis-idaea) juice from wild fruits, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter;cranberry (Vaccinium macrocarpon, Vaccinium oxycoccos) juice and lingonberry (Vaccinium vitis-idaea) juice from a mixture of wild and cultivated fruits, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
ex20098935ex20098938ex20098979ex20098986ex20098989ex20098999Other juices of wild fruits of the genus Vaccinium, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
ex20099021ex20099029ex20099051ex20099059ex20099094ex20099096ex20099098mixture of juices made from and/or containing wild fruits of the genus Vaccinium or processed products thereof
ex220210Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured containing juice or other processed products from wild fruits of the genus Vaccinium
ex220299Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured and other non-alcoholic beverages, containing juice or other processed products from wild fruits of the genus Vaccinium
Due to risk of contamination by radioactivity food listed hereafter relate to food consisting of two or more ingredients, containing any of the individual products listed above in a quantity above 20 % of either a single product or as the sum of products listed
ex170490Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated
ex1806Chocolate and other food preparations containing cocoa
ex1905Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products