20.9.2021   

EN

Official Journal of the European Union

L 330/72


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)

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 safety (1), and in particular Article 53(1)(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) (2), and in particular Article 54(4), first subparagraph, point (b), and Article 90, first paragraph, points (a), (c) and (f), thereof,

Whereas:

(1)

Following the accident at the Fukushima nuclear power station on 11 March 2011, the Commission was informed that radionuclide levels in certain food products originating in Japan exceeded the action levels in food applicable in Japan. As such contamination may constitute a threat to public and animal health in the Union, the Commission Implementing Regulation (EU) No 297/2011 (3) imposed special conditions governing the importation of food and feed originating in or consigned from Japan. That Implementing Regulation was repealed and replaced successively by Commission Implementing Regulations (EU) No 961/2011 (4), (EU) No 284/2012 (5), (EU) No 996/2012 (6), (EU) No 322/2014 (7) and (EU) 2016/6 (8). In order to ensure consistency and facilitate implementation, those Regulations set out the maximum radionuclide levels by aligning with the values set out in relevant Japanese law and that practice should be maintained.

(2)

Regulation (EU) 2017/625 requires that goods subject to an emergency measure provided for in acts adopted in accordance with Article 53 of Regulation (EC) No 178/2002 are subject to official controls at their entry into the Union.

(3)

To facilitate the performance of official controls of food and feed subject to this Regulation at their entry into the Union, it is appropriate to establish a single model official certificate. It is also appropriate to lay down requirements for issuing official certificates in addition to the requirements laid down in Chapter VII of Title II of Regulation (EU) 2017/625 and, for certificates issued on paper, to those laid down in Article 39(1) of Commission Implementing Regulation (EU) 2019/1715 (9), and in Article 5 of Commission Implementing Regulation (EU) 2020/2235 (10). Furthermore, to ensure a coherent approach, it is appropriate to provide that official certificates issued in accordance with this Regulation should be replaced in accordance with the procedures for the issuance of replacement certificates laid down in Implementing Regulation (EU) 2020/2235.

(4)

The existing measures have been reviewed, taking into account more than 87 000 occurrence data on radioactivity in feed and food other than beef and more than 429 000 occurrence data on radioactivity in beef provided by the Japanese authorities for the ninth and tenth growing seasons following the accident (data reported from January 2019 until December 2020).

(5)

In light of those data, it appears that the obligation to sample and analyse products before export to the Union must be maintained or established for certain products, but it may be lifted for others. In particular, in addition to the products already subject to that obligation, it is appropriate to require the sampling and analysis of wild mushrooms and derived products originating from the prefectures of Iwate, Nagano, Niigata and Ibaraki, of fish and fishery products from Gunma, of wild bracken and derived products from Fukushima and of Japanese royal fern and derived products from the prefecture of Miyagi. However, the requirement to perform sampling and analysis before export to the Union may be lifted as regards Aralia sprout and derived products originating from the prefectures of Fukushima, Miyagi and Gunma, bamboo and derived products from the prefecture of Fukushima, mushrooms and derived products from the prefecture of Gunma, and koshiabura and derived products from the prefectures of Shizuoka, Yamanashi and Yamagata. Furthermore, the non-compliances in mushrooms were only found in wild mushrooms, in bracken only in wild bracken and in (Japanese) persimmon only in dried (Japanese) persimmon. It is therefore appropriate to limit the requirement to sample and analyse only wild or dried forms of these products, respectively.

(6)

The official controls performed at entry into the Union show that the special conditions provided for by Union law are correctly implemented by the Japanese authorities, and no cases of non-compliance with Union law have been found during official import controls for more than nine years. Therefore, it is appropriate to keep the low frequency of official controls at entry into the Union of food and feed subject to this Regulation.

(7)

It is appropriate to provide for a review of this Regulation when the results of the sampling and analysis for the presence of radioactivity in feed and food of the eleventh and twelfth growing seasons (2021 and 2022) after the accident are available.

(8)

Since the amendments to Implementing Regulation (EU) 2016/6 are substantial, it is appropriate, for reasons of clarity, to replace it.

(9)

To allow a smooth transition to the new measures, it is appropriate to provide for a transitional measure for consignments accompanied by official declarations issued in accordance with Implementing Regulation (EU) 2016/6, provided that such official declarations were issued before the entry into force of this Regulation.

(10)

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 1

Subject matter and scope

1.   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) 2016/52 (11) (‘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 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:

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 3

Conditions for entry into the Union

1.   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 Council (12)

Article 4

Official certificate

1.   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 5

Drawing up and signing of the official certificate

1.   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 6

Official controls at entry into the Union

1.   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) 2019/2123 (13).

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 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.

Done at Brussels, 17 September 2021.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 31, 1.2.2002, p. 1.

(2)  OJ L 95, 7.4.2017, p. 1.

(3)  Commission Implementing Regulation (EU) No 297/2011 of 25 March 2011 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 (OJ L 80, 26.3.2011, p. 5).

(4)  Commission Implementing Regulation (EU) No 961/2011 of 27 September 2011 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 Regulation (EU) No 297/2011 (OJ L 252, 28.9.2011, p. 10).

(5)  Commission Implementing Regulation (EU) No 284/2012 of 29 March 2012 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 961/2011 (OJ L 92, 30.3.2012, p. 16).

(6)  Commission Implementing Regulation (EU) No 996/2012 of 26 October 2012 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 284/2012 (OJ L 299, 27.10.2012, p. 31).

(7)  Commission Implementing Regulation (EU) No 322/2014 of 28 March 2014 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 (OJ L 95, 29.3.2014, p. 1).

(8)  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 (OJ L 3, 6.1.2016, p. 5).

(9)  Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) (OJ L 261, 14.10.2019, p. 37).

(10)  Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) No 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) No 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).

(11)  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).

(12)  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).

(13)  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).


ANNEX I

Maximum levels for food  (1) (Bq/kg)

 

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  (2) (Bq/kg)

 

Feed intended for cattle and horses

Feed intended for pigs

Feed intended for poultry

Feed for fish (3)

Sum of caesium-134 and caesium-137

100

80

160

40


(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

(2)  Maximum level is relative to feed with a moisture content of 12 %.

(3)  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

(a)

products originating in the prefecture of Fukushima:

wild mushrooms and derived products thereof falling within CN codes ex 0709 51 00, ex 0709 59, ex 0710 80 61, ex 0710 80 69, ex 0711 51 00, ex 0711 59 00, ex 0712 31 00, ex 0712 32 00, ex 0712 33 00, ex 0712 39 00, ex 2001 90 50, ex 2003 10, ex 2003 90 and ex 2005 99 80;

fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20 and 1604, with the exception of:

Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

white trevally (Pseudocaranx dentex) falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 14 41, ex 1604 14 48 and ex 1604 20 70;

Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

wild bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

dried (Japanese) persimmon (Diospyros sp.) and products derived thereof falling within CN codes ex 0810 70 00, ex 0811 90, ex 0812 90 and ex 0813 50;

(b)

products originating in the prefecture of Miyagi:

wild mushrooms and derived products thereof falling within CN codes ex 0709 51 00, ex 0709 59, ex 0710 80 61, ex 0710 80 69, ex 0711 51 00, ex 0711 59 00, ex 0712 31 00, ex 0712 32 00, ex 0712 33 00, ex 0712 39 00, ex 2001 90 50, ex 2003 10, ex 2003 90 and ex 2005 99 80;

bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90, ex 0712 90, ex 2004 90 and 2005 91 00;

wild bracken (Pteridium aquilinum) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;

(c)

products originating in the prefecture of Gunma:

fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0308, 1504 10, 1504 20 and 1604, with the exception of:

Japanese amberjack (Seriola quinqueradiata) and yellowtail amberjack (Seriola lalandi) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

greater amberjack (Seriola dumerili) falling within CN codes ex 0302 89 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

Japanese seabream (Pagrus major) falling within CN codes 0302 85 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

white trevally (Pseudocaranx dentex) falling within CN codes ex 0302 49 90, ex 0303 89 90, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 19 91, ex 1604 19 97 and ex 1604 20 90;

Pacific bluefin tuna (Thunnus orientalis) falling within CN codes ex 0302 35, ex 0303 45, ex 0304 49 90, ex 0304 59 90, ex 0304 89 90, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 80, ex 0305 59 85, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, ex 1604 14 41, ex 1604 14 48 and ex 1604 20 70;

Pacific chub mackerel (Scomber japonicus) falling within CN codes ex 0302 44 00, ex 0303 54 10, ex 0304 49 90, ex 0304 59 90, ex 0304 89 49, ex 0304 99 99, ex 0305 10 00, ex 0305 20 00, ex 0305 39 90, ex 0305 49 30, ex 0305 54 90, ex 0305 69 80, ex 0305 72 00, ex 0305 79 00, ex 1504 10, ex 1504 20, 1604 15 and ex 1604 20 50;

koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

(d)

products originating in the prefectures of Yamanashi, Yamagata, Iwate or Shizuoka:

wild mushrooms and derived products thereof falling within CN codes ex 0709 51 00, ex 0709 59, ex 0710 80 61, ex 0710 80 69, ex 0711 51 00, ex 0711 59 00, ex 0712 31 00, ex 0712 32 00, ex 0712 33 00, ex 0712 39 00, ex 2001 90 50, ex 2003 10, ex 2003 90 and ex 2005 99 80;

(e)

products originating in the prefectures of Ibaraki, Nagano or Niigata:

wild mushrooms and derived products thereof falling within CN codes ex 0709 51 00, ex 0709 59, ex 0710 80 61, ex 0710 80 69, ex 0711 51 00, ex 0711 59 00, ex 0712 31 00, ex 0712 32 00, ex 0712 33 00, ex 0712 39 00, ex 2001 90 50, ex 2003 10, ex 2003 90 and ex 2005 99 80;

koshiabura (shoot of Eleutherococcus sciadophylloides) and derived products thereof falling within CN codes ex 0709 99, ex 0710 80, ex 0711 90 and ex 0712 90;

(f)

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

Image 1

 

JAPAN

Official certificate for the entry into the Union of food and feed

 

II.

Official certification

II.a

Certificate reference No

II.b

IMSOC 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 …

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.

 

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 (1).

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 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 (2).

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 2658/87 (3). 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

:

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)  List of country names and code elements: http://www.iso.org/iso/country_codes/iso-3166-1_decoding_table.htm.

(2)  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).

(3)  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).