
Article 1 
This Regulation shall apply to feedstuffs and foodstuffs within the meaning of Article 1 (2) of Regulation (Euratom) No 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 products referred to in Article 1 shall be subject to the conditions laid down in this Regulation.
2. Consignments of 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 Union through a designated point of entry within the meaning of Article 3 (b) of Commission Regulation (EC) No 669/2009 (hereinafter "designated point of entry").
3. Each consignment of products referred to in Article 1 shall be accompanied by a declaration, attesting that:
(a) the product has been harvested and/or processed before 11 March 2011, or
(b) the product originates in and is consigned from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Nagano, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka, or
(c) the product is consigned from Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Nagano, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka prefectures, but does not originate in one of those prefectures and has not been exposed to radioactivity during transiting, or
(d) where a product originates in Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Nagano, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka prefectures, the product does not contain levels of radionuclides iodine-131, caesium-134 and caesium-137 above the maximum levels provided for in Annex II to this Regulation.
4. Point (d) of paragraph 3 shall apply also to products caught or harvested in the coastal waters of the prefectures referred to therein, irrespective of where such products are landed.
5. The declaration referred to in paragraph 3 shall be drawn up in accordance with the model set out in Annex I. It shall be signed by an authorised representative of the competent authority of Japan. For the products referred to in point (d) of paragraph 3, the declaration shall be accompanied by an analytical report containing the results of sampling and analysis.
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 referred to in Article 2(3), on the analytical report referred to in Article 2(5), on the 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 or at the designated point of entry.
Article 5 

1. The competent authorities of the border inspection post or designated point of entry shall carry out:
(a) documentary and identity checks on all consignments of products referred to in Article 1, and
(b) physical checks, including laboratory analysis on the presence of iodine-131, caesium-134 and caesium-137, on at least:
— 10 % of the consignments of products referred to in Article 2 (3) (d) and
— 20 % of the consignments of products referred to in Article 2 (3) (b) and (c).
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 its representative to the customs authorities of the declaration referred to Article 2(3), duly endorsed by the competent authority at the border inspection post or designated point of entry, 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 
Feed and food originating in or consigned from Japan which do not comply with the maximum levels referred to in Annex II shall not be placed on the market. Such non-compliant feed and food shall be safely disposed of or returned to the country of origin.
Article 8 
Member States shall inform the Commission monthly 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 
Regulation (EU) No 297/2011 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 10 
This Regulation shall enter into force on the third 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 31 December 2011. The Regulation will be reviewed monthly taking into account the development of the contamination situation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 27 September 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX I

ANNEX II

 Foods for infants and young children Milk and dairy products Other foodstuffs, except liquid foodstuffs Liquid foodstuffs
Sum of Isotopes of strontium, notably Sr-90 75 125 750 125
Sum of Isotopes of iodine, notably I-131 100 300 2 000 300
Sum of Alpha-emitting isotopes of plutonium and trans-plutonium elements, notably Pu-239, Am-241 1 1 10 1
Sum of all other nuclides of half-life greater than 10 days, notably Cs-134 and Cs-137, except C-14 and H-3 200 200 500 200



 Feedingstuffs
Sum of Cs-134 and Cs-137 500
Sum of Isotopes of iodine, notably I-131 2 000


