Commission Implementing Regulation (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  Text with EEA relevance

26.3.2011 EN Official Journal of the European Union L 80/5
COMMISSION IMPLEMENTING REGULATION (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
(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 Community 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 within the Union and it is therefore appropriate as a precautionary measure to urgently take measures at Union level to ensure the safety of the feed and food, including fish and fishery products, originating in or consigned from Japan. As the accident is not yet under control, it is at this stage appropriate that the required testing before export would apply to feed and food originating from the affected prefectures with a buffer zone and a random testing of feed and food at import originating from the whole territory of Japan.
(3) Maximum levels have been established by Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (2), Commission Regulation (Euratom) No 944/89 of 12 April 1989 laying down maximum permitted levels of radioactive contamination in minor foodstuffs following a nuclear accident or any other case of radiological emergency (3) and Commission Regulation (Euratom) No 770/90 of 29 March 1990 laying down maximum permitted levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case of radiological emergency (4).
(4) These maximum levels can be rendered applicable after the Commission is informed of a nuclear accident substantiating that the maximum permitted levels of radioactive contamination of foodstuffs and feedingstuffs are likely to be reached or have been reached pursuant to Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of radiological emergency (5) or under the International Atomic Energy Agency (IAEA) Convention on early notification of a nuclear accident of 26 September 1986. In the meantime it is appropriate to use these pre–established maximum levels as reference values to judge the acceptability to place feed and food on the market.
(5) The Japanese authorities have informed the Commission services that appropriate testing is carried out on food products from the affected region exported from Japan.
(6) In addition to the testing carried out by the Japanese authorities, it is appropriate to foresee random controls on such imports.
(7) It is appropriate that Member States inform the Commission of all analytical results through the Rapid Alert System for Food and Feed (RASFF) and the European Union's Urgent Radiological Information Exchange system (ECURIE). The measures will be reviewed on the basis of these analytical results.
(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,