
Article 1 
This Regulation shall apply to feed and food within the meaning of Article 1(2) of Regulation (Euratom) No 3954/87 originating in or consigned from Japan, with the exclusion of:

((a)) products which left Japan before 28 March 2011;
((b)) products which have been harvested and/or processed before 11 March 2011;
((c)) sake falling within CN codes ex 2206 00 39 (sparkling), ex 2206 00 59 (still, in containers holding 2 litres or less) or ex 2206 00 89 (still, in containers holding more than 2 litres);
((d)) whiskey falling within CN code 2208 30;
((e)) shochu falling within CN code ex 2208 90 56, ex 2208 90 69, ex 2208 90 77 or ex 2208 90 78.
Article 2 
For the purposes of this Regulation, ‘transitional measures provided in the Japanese legislation’ means the transitional measures adopted by the Japanese authorities on 24 February 2012 as regards the maximum levels for the sum of caesium-134 and caesium-137 as set out in Annex III.
Article 3 
Feed and food (hereinafter: ‘the products’) referred to in Article 1 may only be imported into the European Union if they comply with this Regulation.
Article 4 

1. The products referred to in Article 1, except rice, soybean and processed products thereof, shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex II.
2. Rice and soybean and processed products thereof shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex III.
Article 5 

1. Each consignment of products referred to in Article 1 shall be accompanied by a valid declaration drawn up and signed in accordance with Article 6.
2. The declaration referred to in paragraph 1 shall:
(a) attest that the products comply with the legislation in force in Japan; and
(b) specify whether the products are falling or not under the transitional measures provided for in the Japanese legislation.
3. The declaration referred to in paragraph 1 shall furthermore certify that:
(a) the products have been harvested and/or processed before 11 March 2011; or
(b) the products originate in and are consigned from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka; or
(c) the products are consigned from Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka prefectures, but do not originate in one of those prefectures and have not been exposed to radioactivity during transiting; or
(d) where the products originate in Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Yamanashi, Saitama, Tokyo, Chiba, Kanagawa and Shizuoka prefectures, the products are accompanied by an analytical report containing the results of sampling and analysis.
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.
Article 6 

1. The declaration referred to in Article 5 shall be drawn up in accordance with the model set out in Annex I.
2. For the products referred to in the points (a), (b) or (c) of Article 5(3), the declaration 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 the point (d) of Article 5(3), the declaration 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.
Article 7 
Each consignment of 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 5(1), on the analytical report referred to in Article 6(3), on the sanitary certificate and on any commercial documents accompanying the consignment.
Article 8 
Consignments of products referred to in Article 1, except those falling within the scope of Council Directive 97/78/EC, 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’).
Article 9 
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 10 

1. The competent authorities of the border inspection post or designated point of entry shall carry out:
(a) documentary checks on all consignments of products referred to in Article 1;
(b) physical checks and identity checks, including laboratory analysis on the presence of caesium-134 and caesium-137, on at least:
((i)) 5 % of the consignments of products referred to in Article 5(3)(d); and
((ii)) 10 % of the consignments of products referred to in Article 5(3)(b) and (c).
2. Consignments shall be kept under official control, for a maximum of five working days, pending the availability of the results of the laboratory analysis.
3. In case the result of the laboratory analysis provides evidence that the guarantees provided in the declaration are false, the declaration is considered not to be valid and the consignment of feed and food does not comply with the provisions of this Regulation.
Article 11 
All costs resulting from the official controls referred to in Article 10 and any measures taken following non-compliance, shall be borne by the feed and food business operators.
Article 12 
The consignments may only be released for free circulation if the feed and food business operators or their representative submit to the customs authorities a declaration, as referred to in Article 5(1), which:

((a)) has been duly endorsed by the competent authority at the border inspection post or designated point of entry; and
((b)) gives evidence that the official controls referred to in Article 10 have been carried out and that the results of those controls have been favourable.
Article 13 
Products which do not comply with the provisions of this Regulation shall not be placed on the market. Such products shall be safely disposed of or returned to the country of origin.
Article 14 
Member States shall inform the Commission monthly through the Rapid Alert System for Food and Feed (RASFF) of all analytical results obtained.
Article 15 
Implementing Regulation (EU) No 961/2011 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 16 
By way of derogation from Article 3, products referred to in Article 1 may be imported into the Union if they comply with Implementing Regulation (EU) No 961/2011 where:

((a)) the products left Japan before the entry into force of this Regulation; or
((b)) the products are accompanied by a declaration in accordance with that Regulation which was issued before 1 April 2012 and the products have left Japan before 15 April 2012.
Article 17 
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 October 2012. The Regulation will be reviewed regularly 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, 29 March 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX I

ANNEX II
 Foods for infants and young children Milk and dairy products Other food, with the exception ofmineral water and similar drinkstea brewed from unfermented leavessoybean and soybean products Mineral water and similar drinks and tea brewed from unfermented leaves
Sum of caesium-134 and caesium-137 50 50 100 10




 Feed intended for cows and horses Feed intended for pigs Feed intended for poultry Feed for fish
Sum of caesium-134 and caesium-137 100 80 160 40



ANNEX III

(a) Milk and dairy products, mineral water and similar drinks that are manufactured and/or processed before 31 March 2012 shall not contain radioactive caesium more than 200 Bq/kg. Other foods, except for rice, soybean and processed products thereof that are manufactured, and/or processed before 31 March 2012 shall not contain radioactive caesium more than 500 Bq/kg.

(b) Rice harvested before 30 September 2012 shall not contain radioactive caesium more than 500 Bq/kg.

(c) Products made from rice that are manufactured, and/or processed before 30 September 2012 shall not contain radioactive caesium more than 500 Bq/kg.

(d) Soybean shall not contain radioactive caesium more than 500 Bq/kg.

(e) Products made from soybean shall not contain radioactive caesium more than 500 Bq/kg.
