
Article 1 
This Regulation shall apply to feedstuffs and foodstuffs within the meaning of Article 1 (2) of Regulation 3954/87 originating in or consigned from Japan, with the exclusion of products which left Japan before 28 March 2011 and of products which have been harvested and/or processed before 11 March 2011.
Article 2 

1. All consignments of the products referred to in Article 1 shall be subject to the conditions laid down in this Regulation.
2. Consignments of the products referred to in Article 1 falling outside the scope of Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community for third countries shall be introduced into the EU through a designated point of entry (hereinafter ‘DPE’) within the meaning of Article 3 (b) of Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC.
3. Each consignment of the products referred to in Article 1 shall be accompanied by a declaration, attesting that
— the product has been harvested and/or processed before 11 March 2011, or
— the product is originating from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamagata, Niigata, Nagano, Yamanashi, Saitama, Tokyo and Chiba, or
— in case the product is originating from the prefectures Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamagata, Niigata, Nagano, Yamanashi, Saitama, Tokyo and Chiba, the product does not contain levels of the radionuclides iodine-131, caesium-134 and caesium-137 above the maximum levels provided for in Council Regulation (Euratom) No 3954/87 of 22 December 1987, Commission Regulation (Euratom) No 944/89 of 12 April 1989 and Commission Regulation (Euratom) No 770/90 of 29 March 1990.
4. The model of the declaration referred to in paragraph 3 is set out in the Annex. The declaration shall be signed by an authorised representative of the Japanese competent authorities and shall for the products falling under paragraph 3, third indent be accompanied by an analytical report.
Article 3 
Each consignment of the products referred to in Article 1 shall be identified by means of a code which shall be indicated on the declaration, on the analytical report containing the results of sampling and analysis, sanitary certificate and on any commercial documents accompanying the consignment.
Article 4 
Feed and food business operators or their representatives shall give prior notification of the arrival of each consignment of the products referred to in Article 1, at least two working days prior to the physical arrival of the consignment, to the competent authorities at the Border Inspection Post (hereinafter ‘BIP’) or at the DPE.
Article 5 

1. The competent authorities of the BIP or DPE shall carry out documentary and identity checks on all consignments of products referred to in Article 1, and physical checks, including laboratory analysis, on the presence of iodine-131, caesium-134 and caesium-137, on at least 10% of such consignments of the products referred to in Article 2 (3), 3rd indent and on at least 20 % of such consignments of the products referred to in Article 2(3) 2nd indent.
2. Consignments shall be kept under official control, for a maximum of 5 working days, pending the availability of the results of the laboratory analysis.
3. The release for free circulation of consignments shall be subject to the presentation by the feed and food business operator or their representative to the customs authorities of the declaration referred to in Annex, duly endorsed by the competent authority at the BIP or DPE, giving evidence that the official controls referred to in paragraph 1 have been carried out and that the results from physical checks, where such checks were carried out, have been favourable.
Article 6 
All costs resulting from the official controls referred to in Article 5(1) and 5(2) and any measures taken following non-compliance, shall be borne by the feed and food business operator.
Article 7 
Pursuant to Article 6 of Regulation (Euratom) No 3954/87 feedstuffs and foodstuffs not in compliance with the maximum permitted levels referred to in the Annex of Regulation (Euratom) No 3954/87, Regulation (Euratom) No 944/89 and Regulation (Euratom) No 770/90 shall not be placed on the market safely disposed of or returned to the country of origin.
Article 8 
Member States shall inform the Commission regularly through the Rapid Alert System for Food and Feed (RASFF) and the European Union's Urgent Radiological Information Exchange system (ECURIE) of all analytical results obtained.
Article 9 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force until 30 June 2011. The Regulation will be reviewed monthly on the basis of the analytical results obtained.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 25 March 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
