COMMISSION IMPLEMENTING REGULATION (EU) No 1371/2011  
of 21 December 2011  
amending Implementing Regulation (EU) No 961/2011 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  
(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,  
Whereas:  
(1) Article 53 of Regulation (EC) No 178/2002 provides for 
the possibility to adopt appropriate Union emergency 
measures for food and feed imported from a third 
country in order to protect public health, animal health 
or the environment, where the risk cannot be contained 
satisfactorily by means of measures taken by the Member 
States individually.  
(2) 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 such as milk and spinach 
exceeded the action levels in food applicable in Japan. 
Such contamination may constitute a threat to public 
and animal health in the Union and therefore 
Commission Implementing Regulation (EU) No 
961/2011 (  2 ) was adopted.  
(3) The Japanese authorities monitor the presence of radio ­
activity in feed and food and it can be observed from the 
reported analytical results that certain feed and food in 
prefectures close to the Fukushima nuclear power station 
continue to contain levels of radioactivity above the 
maximum levels. It is therefore appropriate to extend 
the date of applicability of the measures by three addi ­
tional months.  
(4) A significant number of samples taken by the Japanese 
authorities from feed and food produced in the Nagano 
prefecture show that the production of feed and food in 
that prefecture is only to a very limited extent affected by 
the accident at the Fukushima nuclear power station as 
only one sample of mushrooms of more than 1 800 
samples of feed and food from Nagano had non- 
compliant levels of radioactivity. In particular, nearly all 
samples had non-detectable levels of radioactivity and 
only in few samples significant levels of radioactivity 
were detected. Therefore, it is appropriate to remove that prefecture from the zone, where a testing of all feed 
and food originating from those prefectures is required 
before export to the Union.  
(5) The analytical results of import controls performed by 
the competent authorities of the Member States are so far 
very favourable and indicate that the control measures 
imposed on feed and food for export to the EU are 
correctly and efficiently applied by the Japanese 
authorities. Therefore, it is appropriate to consider at 
the next review of the measures a reduction of the 
frequency of import controls.  
(6) Given that the half-life of iodine-131 is short (about 8 
days) and that no new releases of iodine-131 to the 
environment have been recently reported, the presence 
of iodine-131 is no longer observed in feed and food or 
the environment. As the possibility of new releases of 
iodine-131 are very minimal, it is appropriate to no 
longer require the analysis for the presence of iodine- 
131.  
(7) To facilitate the issuance of attestations, it is appropriate 
to authorise the competent authority to appoint an 
instance which is authorised to sign in certain cases the 
attestations under the authority and supervision of the 
competent authority of Japan.  
(8) It is therefore appropriate to amend Implementing Regu ­
lation (EU) No 961/2011 accordingly.  
(9) The measures provided for in this Regulation are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Amending provisions  
Regulation (EU) No 961/2011 is amended as follows:  
(1) in Article 2, paragraph 3 is replaced by the following:  
‘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, Yamanashi, Saitama, Tokyo, Chiba, 
Kanagawa and Shizuoka; orEN 22.12.2011 Official Journal of the European Union L 341/41  
( 1 ) OJ L 31, 1.2.2002, p. 1.  
( 2 ) OJ L 252, 28.9.2011, p. 10.(c) the product is consigned from Fukushima, Gunma, 
Ibaraki, Tochigi, Miyagi, 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, Yamanashi, Saitama, Tokyo, 
Chiba, Kanagawa and Shizuoka prefectures, the 
product does not contain levels of radionuclides 
caesium-134 and caesium-137 above the maximum 
levels provided for in Annex II to this Regulation.’;  
(2) in Article 2, paragraph 5 is replaced by the following:  
‘5. The declaration referred to in paragraph 3 shall be 
drawn up in accordance with the model set out in Annex I. 
For the products referred to in points (a), (b) or (c) of 
paragraph 3, the declaration shall be signed by an auth ­
orised representative of the competent authority of Japan 
or by an authorised representative of an instance authorised 
by the competent authority of Japan under the authority 
and supervision of the competent authority. For the 
products referred to in point (d) of paragraph 3, the 
declaration shall be signed by an authorised representative 
of the competent authority of Japan and shall be accom ­
panied by an analytical report containing the results of 
sampling and analysis.’;  
(3) in Article 5, paragraph 1 is replaced by the following:  ‘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; and  
(b) identity and physical checks, including laboratory 
analysis on the presence of 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).’;  
(4) in Article 10, the second paragraph, the date of 
‘31 December 2011’ is replaced by ‘31 March 2012’.  
(5) Annex I is replaced by the text set out in the Annex to this 
Regulation.  
Article 2  
Entry into force  
This Regulation shall enter into force on the third day following 
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, 21 December 2011.  
For the Commission  
The President  
José Manuel BARROSOEN L 341/42 Official Journal of the European Union 22.12.2011ANNEX  
‘ANNEX I
EN 22.12.2011 Official Journal of the European Union L 341/43EN L 341/44 Official Journal of the European Union 22.12.2011