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Document 02021R1533-20220503
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)Text with EEA relevance
Consolidated text: 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)Text with EEA relevance
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)Text with EEA relevance
ELI: http://data.europa.eu/eli/reg_impl/2021/1533/2022-05-03
02021R1533 — EN — 03.05.2022 — 001.001
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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 (OJ L 330 20.9.2021, p. 72) |
Amended by:
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/618 of 12 April 2022 |
L 115 |
64 |
13.4.2022 |
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)
Article 1
Subject matter and scope
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:
consignments sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;
consignments which form part of passengers’ personal luggage and are intended for personal consumption or use;
non-commercial consignments sent to natural persons, which are not intended to be placed on the market;
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 2
Definitions
For 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:
Article 3
Conditions for entry into the Union
Article 4
Official certificate
The official certificate referred to in paragraph 1 shall furthermore state that one of the following applies:
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;
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;
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;
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.
Article 5
Drawing up and signing of the official certificate
Article 6
Official controls at entry into the Union
Article 7
Release for free circulation
Customs 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 8
Review
This Regulation shall be reviewed before 30 June 2023.
Article 9
Repeal
Implementing Regulation (EU) 2016/6 is repealed.
Article 10
Transitional provision
Consignments 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 11
Entry into force
This 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 (1) (Bq/kg)
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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 |
(1)
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 |
Maximum levels for feed (1) (Bq/kg)
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Feed intended for cattle and horses |
Feed intended for pigs |
Feed intended for poultry |
Feed for fish (2) |
Sum of caesium-134 and caesium-137 |
100 |
80 |
160 |
40 |
(1)
Maximum level is relative to feed with a moisture content of 12 %.
(2)
With the exemption of feed for ornamental fish. |
ANNEX II
Food and feed for which sampling and analysis regarding the presence of caesium-134 and caesium-137 are required before export to the Union
products originating in the prefecture of Fukushima:
products originating in the prefecture of Miyagi:
products originating in the prefecture of Gunma:
products originating in the prefectures of Yamanashi, Yamagata, Iwate or Shizuoka:
products originating in the prefectures of Ibaraki, Nagano or Niigata:
compound products containing in quantity more than 50 % of the products listed under points (a) to (e) of this Annex.
ANNEX III
MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 4
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JAPAN |
Official certificate for the entry into the Union of food and feed |
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II. Official certification |
II.a Certificate reference No |
II.b IMSOC reference No |
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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 … Notes — See 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. |
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Stamp and signature of the authorised representative referred to in Article 5(2) or (3) of Implementing Regulation (EU) 2021/1533 |
ANNEX IV
INSTRUCTIONS FOR THE COMPLETION OF THE OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 4
General
To 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-2 ( 4 ).
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:
PART I
Details of the dispatched consignment
Country: |
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 produced |
Box 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 1/2005 ( 5 ). 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).
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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.
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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 2658/87 ( 6 ). 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 packaging |
PART II
Official certification
This part must be completed by an authorised representative referred to in Article 5(2) or (3) of Implementing Regulation (EU) 2021/1533
Box 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 representative |
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Official 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. |
( 1 ) Council 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).
( 2 ) Regulation (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).
( 3 ) Commission 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).
( 4 ) List of country names and code elements: http://www.iso.org/iso/country_codes/iso-3166-1_decoding_table.htm.
( 5 ) Council 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).
( 6 ) Council 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).