COMMISSION IMPLEMENTING REGULATION (EU) No 284/2012  
of 29 March 2012  
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 and repealing Implementing 
Regulation (EU) No 961/2011  
(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 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 Regu ­
lation (EU) No 297/2011 of 25 March 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 (  2 ) was 
adopted. That Regulation was later replaced by 
Commission Implementing Regulation (EU) No 
961/2011 (  3 ). 
(3) The Japanese authorities have provided information to 
the Commission that in the many samples taken of 
sake and other spirit drinks (whiskey and shochu) no 
radioactivity was detected in all samples. The process of 
polishing, fermentation and distillation removes the 
radioactivity nearly completely from the spirit drink 
itself. The issue will be followed-up based on the 
continued monitoring of sake, whiskey and shochu by 
the Japanese authorities. It is therefore appropriate to 
exclude sake, whiskey and shochu from the scope of this Regulation in order to reduce the administrative 
burden for the Japanese authorities and the competent 
authorities of the importing Member States.  
(4) The Japanese authorities have adopted on 24 February 
2012 new maximum levels for the sum of caesium-134 
and caesium-137, to be applied as from 1 April 2012, 
with transitional measures foreseen for rice, beef and 
soybean and processed products thereof, which are 
lower than the maximum levels established by Council 
Regulation (Euratom) No 3954/87 of 22 December 
1987 laying down maximum permitted levels of radio ­
active contamination of foodstuffs and of feedingstuffs 
following a nuclear accident or any other case of radio ­
logical emergency (  4 ). The transitional measures for beef 
have no relevance for the import into the Union as the 
import of beef from Japan into the Union is not allowed 
for animal and public health reasons other than radio ­
activity. The Japanese authorities also informed the 
Commission that products that are not allowed to be 
placed on the Japanese market are also not allowed to 
be exported. It is therefore appropriate, although there is 
no need for safety reasons, in order to provide 
consistency between the pre-export controls performed 
by the Japanese authorities and the controls on the level 
of radionuclides performed on feed and food originating 
in or consigned from Japan at the entry into the Union, 
to apply the same maximum levels in the Union for 
radionuclides in feed and food from Japan as the 
maximum levels applicable in Japan as long as these 
are lower than the values established in Regulation 
(Euratom) No 3954/87.  
(5) Shortly after the nuclear accident, controls were required 
for the presence of iodine-131 and the sum of caesium- 
134 and caesium-137 in feed and food originating from 
Japan, as there was evidence that the release of radio ­
activity into the environment was related to a very large 
part to iodine-131, caesium-134 and caesium-137, and 
there was only very limited or no emission of the radio ­
nuclides strontium (Sr-90), plutonium (Pu-239) and 
americium (Am-241). Iodine-131 has a short half-life 
of 8 days and because there were no releases of radio ­
activity from the affected nuclear power plant into the 
environment in recent months and the affected nuclear 
reactor is now in a stable situation and no further 
releases to the environment are expected, iodine-131 is 
no longer present in the environment and consequently 
also not in feed and food from Japan. Therefore the 
control for the presence of iodine-131 was no longer 
required by Commission Implementing Regulation (EU) 
No 1371/2011 of 21 December 2011 amending Imple ­
menting Regulation (EU) No 961/2011 imposing specialEN L 92/16 Official Journal of the European Union 30.3.2012  
( 1 ) OJ L 31, 1.2.2002, p. 1.  
( 2 ) OJ L 80, 26.3.2011, p. 5.  
( 3 ) OJ L 252, 28.9.2011, p. 10.  (  4 ) OJ L 371, 30.12.1987, p. 11.conditions governing the import of feed and food orig ­
inating in or consigned from Japan following the 
accident at the Fukushima nuclear power station (  1 ). 
Therefore there is no need to maintain maximum levels 
for iodine-131 in this Regulation.  
(6) Implementing Regulation (EU) No 961/2011 provided 
also maximum levels for strontium, plutonium and 
americium in case there would have been new releases 
to the environment of radioactivity including these radio ­
nuclides. Given that the affected nuclear reactor is now in 
a stable situation, the possibility of new releases of radio ­
activity to the environment is excluded or very minimal 
and there have been no significant releases to the 
environment of strontium, plutonium and americium 
following the nuclear power plant accident, it is evident 
that the control for the presence of these radionuclides in 
food or feed from Japan is not necessary. As a 
consequence there is no need to maintain maximum 
levels for these radionuclides in this Regulation.  
(7) Implementing Regulation (EU) No 961/2011 has been 
amended at two occasions to take into account the devel ­
opment of the situation. Given that this Regulation 
provides for further amendments requiring changes to 
several provisions of that Regulation, it is appropriate 
to replace Implementing Regulation (EU) No 961/2011 
by a new Regulation.  
(8) 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  
Scope  
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  
Definitions  
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  
Import into the Union  
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  
Maximum levels of caesium-134 and caesium-137  
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  
Declaration  
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 legis ­
lation.  
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.EN 30.3.2012 Official Journal of the European Union L 92/17  
( 1 ) OJ L 341, 22.12.2011, p. 41.4. 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  
Drawing up and signing of the declaration  
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 super ­
vision 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  
Identification  
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  
Border inspection posts and designated point of entry  
Consignments of products referred to in Article 1, except those 
falling within the scope of Council Directive 97/78/EC (  1 ), shall 
be introduced into the Union through a designated point of 
entry within the meaning of Article 3(b) of Commission Regu ­
lation (EC) No 669/2009 (  2 ) (hereinafter ‘designated point of 
entry’).  
Article 9  
Prior notification  
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  
Official controls  
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  
Costs  
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  
Release for free circulation  
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  
Non-compliant products  
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  
Reports  
Member States shall inform the Commission monthly through 
the Rapid Alert System for Food and Feed (RASFF) of all 
analytical results obtained.EN L 92/18 Official Journal of the European Union 30.3.2012  
( 1 ) OJ L 24, 30.1.1998, p. 9.  
( 2 ) OJ L 194, 25.7.2009, p. 11.Article 15  
Repeal  
Implementing Regulation (EU) No 961/2011 is repealed.  
References to the repealed Regulation shall be construed as 
references to this Regulation.  
Article 16  
Transitional measure  
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  
Entry into force and period of application  
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 BARROSOEN 30.3.2012 Official Journal of the European Union L 92/19ANNEX I
EN L 92/20 Official Journal of the European Union 30.3.2012EN 30.3.2012 Official Journal of the European Union L 92/21ANNEX II  
Maximum levels for food  ( 1 ) (Bq/kg) as provided in the Japanese legislation  
Foods for infants and 
young children  Milk and dairy 
products  Other food, with the exception of 
— mineral water and similar 
drinks 
— tea brewed from unfermented 
leaves 
— soybean and soybean prod ­
ucts (  4 ) Mineral water and 
similar drinks and tea 
brewed from 
unfermented leaves  
Sum of caesium-134 
and caesium-137  50 (  2 ) 50 (  2 ) 100 (  2 ) ( 3 ) 10 (  2 ) 
( 1 ) For dried products that are intended to be consumed in a reconstituted state, the maximum level applies to the reconstituted product as 
ready for consumption. 
For dried mushrooms a reconstitution factor of 5 is of application. 
For tea, the maximum level applies to the infusion brewed from tea leaves. The processing factor for dried tea is 50, and there fore a 
maximum level of 500 Bq/kg on dried tea leaves ensures that the lev el in the brewed tea does not exceed the maximum level of 10  
Bq/kg. 
( 2 ) In order to ensure consistency with maximum levels currently applied in Japan, these values replace on a provisional basis th e values 
laid down in Council Regulation (Euratom) No 3954/87. 
( 3 ) For rice and rice products, the maximum level applies as from 1 October 2012. Before that date, the maximum level of 500 Bq/k g 
applies. 
( 4 ) For soybean and soybean products, the maximum level of 500 Bq/kg applies.  
Maximum levels for feed  ( 1 ) (Bq/kg) as provided in the Japanese legislation  
Feed intended for cows 
and horses  Feed intended for pigs  Feed intended for poultry  Feed for fish (  3 ) 
Sum of caesium-134 
and caesium-137  100 (  2 ) 80 (  2 ) 160 (  2 ) 40 (  2 ) 
( 1 ) Maximum level is relative to a feed with a moisture content of 12 %. 
( 2 ) In order to ensure consistency with maximum levels currently applied in Japan, this value replaces on a provisional basis the  value laid 
down in Commission Regulation (Euratom) No 770/90 (OJ L 83, 30.3.1990, p. 78). 
( 3 ) With the exemption of feed for ornamental fish.EN L 92/22 Official Journal of the European Union 30.3.2012ANNEX III  
Transitional measures provided in Japanese legislation and of application for this Regulation  
(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.EN 30.3.2012 Official Journal of the European Union L 92/23