
Article 1 
This Regulation applies to feed and food within the meaning of Article 1(2) of Council Regulation (Euratom) No 3954/87 (hereinafter ‘the products’) 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)) alcoholic beverages falling within CN codes 2203 to 2208;
((d)) personal consignments of feed and food of animal origin which are covered by Article 2 of Commission Regulation (EC) No 206/2009;
((e)) personal consignments of feed and food other than of animal origin which are non-commercial and destined to a natural person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.
Article 2 
For the purposes of this Regulation, the following definitions shall apply:

((a)) ‘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;
((b)) ‘consignment’ means a quantity of any of the feed or food falling within the scope of this Regulation of the same class or description, covered by the same document(s), conveyed by the same means of transport and coming from the same prefecture(s) of Japan, within the limits set in the declaration referred to in Article 5.
Article 3 
Products may only be imported into the Union if they comply with this Regulation.
Article 4 

1. Products, except those appearing in Annex III, shall comply with the maximum level for the sum of caesium-134 and caesium-137 as set out in Annex II.
2. Products appearing in Annex III shall comply with the maximum level for radioactive caesium set out in that Annex.
Article 5 

1. Each consignment of products, with the exception of tea falling within CN codes 0902, 2101 20 and 2202 90 10 originating from prefectures other than Fukushima, 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 product has been harvested and/or processed before 11 March 2011; or
(b) the product, other than mushrooms, koshiabura, bamboo shoot, Aralia sprout, and bracken originating in the prefectures Akita, Yamagata and Nagano and other than mushrooms originating in the prefectures Yamanashi, Shizuoka, Niigata and Aomori, originates in and is consigned from a prefecture other than Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Chiba and Iwate; or
(c) the product originates in and is consigned from Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Chiba and Iwate but is not listed in Annex IV to this Regulation; or
(d) the product is consigned from Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Chiba, Iwate, Akita, Yamagata, Nagano, Yamanashi, Shizuoka, Niigata and Aomori prefectures, but does not originate in one of those prefectures and has not been exposed to radioactivity during transiting; or
(e) where the product is mushrooms, koshiabura, bamboo shoot, Aralia sprout and bracken originating in the prefectures Akita, Yamagata and Nagano or mushrooms originating in the prefectures Yamanashi, Shizuoka, Niigata and Aomori, or a derived product thereof or a compound feed or food containing more than 50 % of those products, the product is accompanied by an analytical report containing the results of sampling and analysis; or
(f) where the product, listed in Annex IV to this Regulation, originates in Fukushima, Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Chiba and Iwate prefectures, or is a derived product thereof or a compound feed or food containing more than 50 % of those products, the product is accompanied by an analytical report containing the results of sampling and analysis. The list of products in Annex IV is without prejudice to the requirements of Regulation (EC) No 258/97 of the European Parliament and of the Council; or
(g) where the origin of the product or of the ingredients present at more than 50 % is unknown, the product is accompanied by an analytical report containing the results of sampling and analysis.
4. Products caught or harvested in the coastal waters of the prefectures referred to in point (f) of paragraph 3 shall be covered by the declaration 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) to (d) 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 points (e) to (g) 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 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, except those falling within the scope of Council Directive 97/78/EC which are to be introduced into the Union via a border inspection post, shall be introduced into the Union through a designated point of entry within the meaning of point (b) of Article 3 of Commission Regulation (EC) No 669/2009 (hereinafter ‘the designated point of entry’).
Article 9 

1. Feed and food business operators or their representatives shall give prior notification of the arrival of each consignment of products, with the exception of tea originating from prefectures other than Fukushima, 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.
2. For the purpose of prior notification, they shall complete Part I of the common entry document (CED), referred to in point (a) of Article 3 of Regulation (EC) No 669/2009 and transmit that document to the competent authority at the designated point of entry or border inspection post, at least two working days prior to the physical arrival of the consignment.For the completion of the CED in application of this Regulation, food business operators shall take into account the notes for guidance for the CED laid down in Annex II to Regulation (EC) No 669/2009.
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 and for which it is required to be accompanied by the declaration referred to in Article 5;
(b) random identity checks and random physical checks, including laboratory analysis on the presence of caesium-134 and caesium-137. The analytical result has to be available within a maximum of five working days.
2. 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 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 release for free circulation of consignments shall be subject to the presentation (physically or electronically) by the feed or food business operator or their representative to the custom authorities of a CED duly completed by the competent authority once all official controls have been carried out. The custom authorities shall only release the consignment for free circulation if a favourable decision by the competent authority is indicated in box II.14 and signed in box II.21 of the CED.
Article 13 
Products which do not comply with this Regulation shall not be placed on the market. Such products shall be safely disposed of or returned to Japan.
Article 14 
Member States shall inform the Commission every three months through the Rapid Alert System for Food and Feed (RASFF) of all analytical results obtained. That report shall be submitted during the month following each quarter.
Article 15 
This Regulation shall be reviewed before 31 March 2015.
Article 16 
By way of derogation from Article 3, products may be imported into the Union under the following conditions:

((a)) they comply with Implementing Regulation (EU) No 996/2012; and
((b)) they left Japan before the entry into force of this Regulation or they left Japan after the entry into force of this Regulation but before 1 May 2014 and they are accompanied by a declaration in accordance with Implementing Regulation (EU) No 996/2012 which was issued before 1 April 2014.
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 1 April 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 March 2014.
For the Commission
The President
José Manuel BARROSO
ANNEX I

ANNEX II
 Foods for infants and young children Milk and milk-based drinks Other food, with the exception of - mineral water and similar drinks - tea brewed from unfermented leaves 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 cattle 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 more than 200 Bq/kg of radioactive caesium.
Other foods that are manufactured and/or processed before 31 March 2012 shall not contain more than 500 Bq/kg of radioactive caesium, except:

— products made from rice,
— soybean and products made from soybean.
((b)) Products made from rice that are manufactured, and/or processed before 30 September 2012 shall not contain more than 500 Bq/kg of radioactive caesium.
((c)) Soybean harvested and placed on the market before 31 December 2012 shall not contain more than 500 Bq/kg of radioactive caesium.
((d)) Products made from soybean that are manufactured and/or processed before 31 December 2012 shall not contain more than 500 Bq/kg of radioactive caesium.

ANNEX IV


((a)) products originating in the prefecture Fukushima:

— all products, taking into account the exemptions provided for in Article 1 of this Regulation;
((b)) products originating in the prefectures Akita, Yamagata and Nagano:

— mushrooms and derived products thereof falling within CN codes 0709 51, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59, 0712 31, 0712 32, 0712 33, 0712 39, 2003 10, 2003 90 and 2005 99 80,
— sprouts of Aralia sp. and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90, 2004 90 and 2005 91,
— bracken (Pteridium aquilinum) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90;
((c)) products originating in the prefectures Yamanashi, Shizuoka, Niigata or Aomori:

— mushrooms and derived products thereof falling within CN codes 0709 51, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59, 0712 31, 0712 32, 0712 33, 0712 39, 2003 10, 2003 90 and 2005 99 80;
((d)) products originating in the prefectures Gunma, Ibaraki, Tochigi, Miyagi, Saitama, Chiba or Iwate:

— mushrooms and derived products thereof falling within CN codes 0709 51, 0709 59, 0710 80 61, 0710 80 69, 0711 51 00, 0711 59, 0712 31, 0712 32, 0712 33, 0712 39, 2003 10, 2003 90 and 2005 99 80,
— fish and fishery products falling within CN codes 0302, 0303, 0304, 0305, 0306, 0307, 0308, 1504 10, 1504 20, 1604 and 1605 with the exception of scallops falling within CN codes 0307 21, 0307 29 and 1605 52 00,
— rice and derived products thereof falling within CN codes 1006, 1102 90 50, 1103 19 50, 1103 20 50, 1104 19 91, 1104 19 99, 1104 29 17, 1104 29 30, 1104 29 59, 1104 29 89, 1104 30 90, 1901, 1904 10 30, 1904 20 95, 1904 90 10 and 1905 90,
— soybeans and derived products thereof falling within CN codes 1201 90, 1208 10, 1507,
— sprouts of Aralia sp. and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— bamboo shoot (Phyllostacys pubescens) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90, 2004 90 and 2005 91,
— bracken (Pteridium aquilinum) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— Japanese royal fern (Osmunda japonica) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— koshiabura (shoot of Eleuterococcus sciadophylloides) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— ostrich fern (Matteuccia struthioptheris) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— uwabamisou (Elatostoma umbellatum var. majus) and derived products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— buckwheat and derived products thereof falling within CN codes 1008 10 00, 1102 90 90, 1103 19 90, 1103 20 90, 1104 19 99, 1104 29 17, 1104 29 30, 1104 29 59, 1104 29 89, 1104 30 90, 1901, 1904 10 90, 1904 20 99, 1904 90 80 and 1905 90;
((e)) compound products containing more than 50 % of the products listed under points (a) to (d) of this Annex.
