EU LEGISLTAION UPDATE – IMPORTS OF FOOD AND FEED FROM JAPAN, REGARDING RADIOACTIVE CONTAMINATION CHECKS

The law regulating the importation of food and feed from Japan, protecting against radioactive contamination has been amended. These changes come into effect from 14th November 2019. The new law Commission Implementing Regulation (EU) 2019/1787 amends Commission Implementing Regulation (EU) 2016/6

Changes introduced

  • The number of specified products and controlled prefectures has been reduced (removal of Soybeans, Japanese butterbur, Japanese royal fern, Ostrich fern) (removal of food from Chiba, Tochigi and Iwate prefectures)
  • The results of sampling and analysis continue to be required for consignments of specified products from a controlled prefecture. Some prefecture requirements have been updated. Full details are in Annex I of CIR (EU) 2019/1787
  • A new format Declaration has been introduced for consignments of specified products originating or consigned from Japan. The model Declaration is in Annex II of CIR (EU) 2019/1787
  • Transitional provisions regarding Declarations: consignments accompanied by a declaration in accordance with Annex III of Commission Implementing Regulation (EU) 2017/2058 can be accepted provided that the products left Japan prior to 14th November 2019

Summarised import requirements

The new Regulation applies to Japanese food and feed from 14th November 2019

The regulation specifies that food and feed may only enter the EU through a BIP (Border Inspection Post – for products of animal origin) or a DPE (Designated Point of Entry – for products not of animal origin). Felixstowe is designated for both and therefore all controlled products are able to be imported subject to the conditions set out.

Specified Products and Controlled Prefectures

The table below summarises the specified products and controlled prefectures. Controls are in place as follows:

  • All specified products from all prefectures in Japan are required to be accompanied by a CED and a Declaration. The current specified products and their CN codes are in the first two columns of the below table.
  • If the specified products are from a controlled prefecture they must be accompanied by an analytical report containing the results of sampling and analysis in addition to the CED and Declaration. The ‘X’ in the below table indicates which products from which prefectures require the analytical report.

These requirements (declaration and analytical report) cover imports of fishery products caught or harvested in the coastal waters of the prefecture of Fukushima, irrespective of where such products are landed.

Composite/Compound products

The controls also apply to any products consisting of greater than 50% of a specified product (from a controlled prefecture). Where the origin of the ingredients (at more than 50%) is unclear the product must be accompanied by an analytical report containing the results of sampling and analysis.

If you are importing a composite product which contains any of the controlled foods as an ingredient, in order to enable faster clearances, you are recommended to submit a copy of the ingredients to Port Health for checking (port.health@scpha.gov.uk)

Specified Products Controlled Prefectures
Product or compound product with >50% of ingredient of concern CN Codes Fukushima Miyagi Gunma Yamanashi, Yamagata or Shizuoka Ibaraki, Nagano or Niigata
Mushrooms and derived products 0709 51 00

0709 59

0710 80 61

0710 80 69

0711 51 00

0711 59 00

0712 31 00

0712 32 00

0712 33 00

ex 0712 39 00

2003 10

2003 90

ex 2005 99 80

 

 

X

 

 

X

 

 

X

 

 

X

Fish and fishery products (with the exception of Japanese amberjack, Yellowtail amberjack, Greater amberjack, Japanese seabream, White trevally, Pacific Bluefin tuna, Pacific chub mackerel – see specified CN codes in Annex II of 2019/1787) 0302

0303

0304

0305

0308

1504 10

1504 20

1604

 

 

 

X

Aralia species and derived products ex 0709 99

ex 0710 80

ex 0711 90

ex 0712 90

 

X

 

X

 

X

Bamboo shoots and derived products ex 0709 99

ex 0710 80

ex 0711 90

ex 0712 90

ex 2004 90

2005 91 00

 

 

X

 

X

Bracken and derived products ex 0709 99

ex 0710 80

ex 0711 90

ex 0712 90

 

 

X

Koshiabura and derived products ex 0709 99

ex 0710 80

ex 0711 90

ex 0712 90

 

 

X

 

X

 

X

 

X

 

X

Japanese persimmon and derived products 0810 70 00

ex 0811 90

ex 0812 90

ex 0813 50

 

X

Imports of specified food and feed consigned from the prefectures listed above, but not originating in one of these prefectures and which has not been exposed to radioactivity during transit do not need to be sampled and tested before export from Japan.  However, consignments will be subject to random sampling and testing upon arrival at the BIP or DPE.

Documentary Requirements

All consignments must be accompanied by a declaration in the correct format.

Consignments of  specified products from controlled prefectures must also be accompanied by an analytical report containing the results of the sampling and analysis.  Where the consignment is from a controlled prefecture the declaration must be signed by an authorised representative of the Japanese competent authorities.

Where the consignment is not from a controlled prefecture the declaration may be signed by an authorised representative of the Japanese competent authorities or by a representative of the region designated by the competent authority official.

All consignments must be identified by a code, which must be marked on the packaging and all the documentation accompanying the consignment including the:-

  • Declaration.
  • Analytical report (for controlled prefectures).
  • Sanitary certificate (where required).
  • Commercial documents which accompany the consignment.

Definition of consignment

The Commission have clarified the definition of consignment for this Regulation:

  • For products of animal origin a consignment is whatever is covered by the veterinary certificate/document as provided for by veterinary legislation.
  • For products of non-animal origin a consignment is products covered by the same CN code coming from the same origin (same region and producer in Japan).

Multiple small lots of products in the same container

In the interest of reducing the administrative burden, the Commission have agreed a reduced documentation requirement for a container consisting of multiple small lots of products of non-animal origin:

  • For all lots of feed and food of non-animal origin, all originating in Japan outside the 12 controlled prefectures or non specified products from within the controlled prefectures, all these lots can be accompanied by one single declaration/CED by which all the individual lots are listed with the respective quantity in a list as annex to the declaration.
  • All lots of specified feed and food of non-animal origin originating in Japan within the 12 controlled prefectures have to be accompanied by a separate declaration/CED and analytical report for each lot.
  • All consignments of feed and food of animal origin, including fish and fishery products, originating in Japan (regardless of prefecture) have to be accompanied by a separate declaration/CVED for each consignment (and for the consignments of specified products originating in the 12 controlled prefectures by an analytical report for the consignment).

Consignments not accompanied by declarations and a CED/CVED will be refused import.

Prior Notification

Port Health must be notified at least 2 days prior to the arrival of a specified consignment by submission of a CED/CVED two working days prior to arrival of the consignment to the DPE (Designated Point of Entry) or in the case of POAO the BIP (Border Inspection Post).

Documentary Checks

It is a requirement that documentary checks are carried out on all specified consignments.

Identity and Physical Checks

Identity and Physical checks, including laboratory analysis for the presence of caesium-134 and caesium-137, will be carried out at random.  Consignments will be detained at the port until results of testing and analysis are received from the laboratory.

Customs Clearance

In order for a consignment to obtain release for free circulation, the declaration/CED/CVED endorsed by port health must be notified to Customs on the entry to enable clearance via ALVS.

Costs

All costs resulting from these checks, including the cost of documentary checks, sampling and analysis and any enforcement measures taken in respect of a failed consignment have to be met by the importer.  View the current fees.