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30.5.2013 Official
Journal
of
the
European
Union L
143/3
COMMISSION IMPLEMENTING REGULATION (EU) No 495/2013
of 29 May 2013
amending Implementing Regulation (EU) No 996/2012 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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
presence of radioactivity of feed and food of the third
growing season after the accident will be available, i.e. by
31 March 2014. However, in accordance with that
Article, the provisions concerning the products for
Having regard to the Treaty on the Functioning of the European
which the harvest is mainly in the second part of the
Union,
second growing season and therefore all the data of the
second growing season are not yet available, should be
reviewed by 31 March 2013.
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 (
(4) The
measures
have
been
reviewed
taking
into
account
the

1 ), and in particular
Article 53(1)(b)(ii) thereof,
occurrence data on radioactivity in feed and food
provided by the Japanese authorities for the period
between September 2012 and January 2013.
Whereas:
(5) As
regards
the
prefectures
of
Gunma,
Ibaraki,
Tochigi,
(1) Article
53
of
Regulation
(EC)
No
178/2002
provides
for
Miyagi, Saitama, Tokyo, Iwate, Chiba and Kanagawa,
the possibility to adopt appropriate Union emergency
Implementing Regulation (EU) No 996/2012 requires
measures for food and feed imported from a third
to sample and analyse, before export to the Union,
country in order to protect public health, animal health
mushrooms, tea, fishery products, certain edible wild
or the environment, where the risk cannot be contained
plants, certain vegetables, certain fruits, rice and
satisfactorily by means of measures taken by the Member
soybeans and the processed and derived products
States individually.
thereof. Following the detailed assessment of the data
provided, pears, taro, yacon, pome fruit, pawpaw and
scallops should be removed from the list of products
(2)
Following the accident at the Fukushima nuclear power
for which sampling and analysis are required before
station on 11 March 2011, the Commission was
export while buckwheat, lotus root and threeleaf
informed that radionuclide levels in certain food
arrowroot should be included in that list. Given that
products originating in Japan exceeded the action levels
the import of fresh bovine meat from Japan has been
in food applicable in Japan. Such contamination may
recently allowed by Commission Implementing Regu
constitute a threat to public and animal health in the
lation (EU) No 196/2013 of 7 March 2013 amending
Union and therefore Commission Implementing Regu
Annex II to Regulation (EU) No 206/2010 as regards the
lation (EU) No 297/2011 of 25 March 2011 imposing
new entry for Japan in the list of third countries or parts
special conditions governing the import of feed and food
thereof from which imports into the European Union of
originating in or consigned from Japan following the
certain fresh meat are authorised ( 6 ), it is necessary to add
accident at the Fukushima nuclear power station (
fresh bovine meat to the list of products for which

2 ) was
adopted. That Regulation was later replaced by
sampling and analysis are required before export.
Commission Implementing Regulation (EU) No
961/2011 ( 3 ), Commission Implementing Regulation
(EU) No 284/2012 ( 4 ) and Commission Implementing
Regulation (EU) No 996/2012 ( 5 ).
(6) Following
findings
of
non-compliance,
it
is
appropriate
to add the requirement for sampling and analysis before
export for mushrooms from the prefectures Nagano,
(3) Article
17
of
Implementing
Regulation
(EU)
No
Niigata and Aomori.
996/2012 provides for a review of the provisions
when the results of sampling and analysis on the
( 1 ) OJ L 31, 1.2.2002, p. 1.
(7) Therefore
Implementing
Regulation
(EU)
No
996/2012
( 2 ) OJ L 80, 26.3.2011, p. 5.
should be amended accordingly.
( 3 ) OJ L 252, 28.9.2011, p. 10.
( 4 ) OJ L 92, 30.3.2012, p. 16.
( 5 ) OJ L 299, 27.10.2012, p. 31.
( 6 ) OJ L 65, 8.3.2013, p. 13.

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L 143/4
EN
Official Journal of the European Union
30.5.2013
(8) The
measures
provided
for
in
this
Regulation
are
in
the requirements of Regulation (EC) No 258/97 of the
accordance with the opinion of the Standing
European Parliament and of the Council of 27 January
Committee on the Food Chain and Animal Health,
1997 concerning novel foods and novel food ingredi
ents ( 1 ); or
HAS ADOPTED THIS REGULATION:
(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
Article 1
results of sampling and analysis.
Implementing Regulation (EU) No 996/2012 is amended as
follows:
___________
( 1 ) OJ L 43, 14.2.1997, p. 1.’;
(1) in Article 5, paragraph 3 is replaced by the following:
(2) Article 16 is replaced by the following:
‘3. The
declaration
referred
to
in
paragraph
1
shall
furthermore certify that:
‘Article 16
Transitional measures
(a) the product has been harvested and/or processed before
1. By
way
of
derogation
from
Article
3,
products
referred
11 March 2011; or
to in Article 1 may be imported into the Union if they
comply with Implementing Regulation (EU) No 284/2012
where:
(b) the product, other than tea and mushrooms originating
in the prefecture Shizuoka and other than mushrooms
originating in the prefectures Yamanashi, Nagano,
(a) the products left Japan before the entry into force of
Niigata or Aomori, originates in and is consigned
Implementing Regulation (EU) No 996/2012; or
from a prefecture other than Fukushima, Gunma,
Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba,
(b) the products are accompanied by a declaration in
Kanagawa and Iwate; or
accordance with Implementing Regulation (EU) No
284/2012 which was issued before 1 November 2012
and the products have left Japan before 1 December
(c) the product originates in and is consigned from Gunma,
2012.
Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba,
Kanagawa and Iwate but is not listed in Annex IV to
this Regulation (and consequently no analysis before
2. By
way
of
derogation
from
Article
3,
products
referred
export is required); or
to in Article 1 may be imported into the Union if they
comply with Implementing Regulation (EU) No 996/2012
where:
(d) the product is consigned from Fukushima, Gunma,
Ibaraki, Tochigi, Miyagi, Saitama, Tokyo, Chiba,
(a) the products left Japan before the entry into force of
Kanagawa and Iwate prefectures, but does not
Commission Implementing Regulation (EU) No
originate in one of those prefectures and has not been
495/2013 (*); or
exposed to radioactivity during transiting; or
(b) the products are accompanied by a declaration in
(e) where the product is tea or mushrooms originating in
accordance with Implementing Regulation (EU) No
Shizuoka prefecture or mushrooms originating in
996/2012 which was issued before 1 June 2013 and
Yamanashi, Nagano, Niigata or Aomori prefecture, or
the products have left Japan before 1 July 2013.
a derived product thereof or a compound feed or
food containing more than 50 % of these products,
the product is accompanied by an analytical report
3. By
way
of
derogation
from
Article
3,
for
buckwheat,
containing the results of sampling and analysis; or
lotus root and threeleaf arrowroot originating in and
consigned from Gunma, Ibaraki, Tochigi, Miyagi, Saitama,
Tokyo, Chiba, Kanagawa and Iwate and mushrooms orig
inating in or consigned from Nagano, Niigata or Aomori,
(f) where the product, listed in Annex IV to this Regu
the requirement of sampling and analysis before export to
lation, originates in Fukushima, Gunma, Ibaraki,
the Union shall not apply where those products left Japan
Tochigi, Miyagi, Saitama, Tokyo, Chiba, Kanagawa and
before the entry into force of Implementing Regulation (EU)
Iwate prefectures, or is a compound feed or food
No 495/2013.
containing more than 50 % of these 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
(*) OJ L 143, 30.5.2013, p. 3.’;

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EN
30.5.2013 Official
Journal
of
the
European
Union L
143/5
(3) Annex I is replaced by the text set out in Annex I to this Regulation;
(4) Annex IV is replaced by the text set out in Annex II to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the third day following that of 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, 29 May 2013.
For the Commission
The President
José Manuel BARROSO

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L 143/6
EN
Official Journal of the European Union
30.5.2013
ANNEX I
‘ANNEX I

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EN
30.5.2013 Official
Journal
of
the
European
Union L
143/7

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L 143/8
EN
Official Journal of the European Union
30.5.2013
ANNEX II
‘ANNEX IV
Feed and food for which a sampling and analysis on the presence of caesium 134 and caesium-137 is required
before export to the Union
(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 prefecture Shizuoka:
— tea and processed products thereof falling within CN codes 0902 2101 20 and 2202 90 10,
— mushrooms and processed 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.
(c) products originating in the prefecture Yamanashi, Nagano, Niigata or Aomori:
— mushrooms and processed 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, Tokyo, Chiba, Kanagawa or Iwate:
— tea and processed products thereof falling within CN codes 0902, 2101 20 and 2202 90 10,
— mushrooms and processed 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 processed 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 processed products thereof falling within CN codes 1201 90, 1208 10, 1507,
— Adzuki beans falling within CN codes 0708 20, 0713 32 00 and processed products thereof falling under CN
code such as 1106 10,
— blueberries and processed products thereof falling within CN codes 0810 40 30, 0810 40 50, 0811 90 50,
0811 90 70, 0812 90 40, 0813 40 95,
— ginkgo nut falling within CN code 0802 90 85 and processed products thereof falling within CN codes such as
0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95,
— Japanese apricot falling within CN codes 0809 40 05, and processed products thereof falling within CN codes
such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95,
— citrus fruit falling within CN code 0805, peel of citrus fruit falling within CN code 0814 00 00 and processed
products thereof falling within CN codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 25,
0812 90 98, 0813 40 95,
— Japanese persimmon falling within CN code 0810 70 00 and processed products thereof falling within CN codes
such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95,
— pomegranate falling within CN code 0810 90 75 and processed products thereof falling within CN codes such as
0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95,

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EN
30.5.2013 Official
Journal
of
the
European
Union L
143/9
— chocolate vine (Akebia quinata) and processed products thereof falling within CN codes 0810 90 75, 0811 90 19,
0811 90 39, 0811 90 95, 0812 90 98 and 0813 40 95,
— chestnuts falling within CN codes 0802 41 00 and 0802 42 00 and processed products thereof falling within CN
codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95,
— walnuts falling within CN codes 0802 31 00 and 0802 32 00 and processed products thereof falling within CN
codes such as 0811 90 19, 0811 90 39, 0811 90 95, 0812 90 98, 0813 40 95,
— Ashitaba (Angelica keiskei) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90
and 0712 90,
— giant butterbur (fuki), Japanese butterbur scape (Petasites japonicus) and processed products thereof falling within
CN codes 0709 99, 0710 80, 0711 90 and 0712 90,
— Japanese ginger (Myoga) falling within CN codes 0709 99, 0710 80, 0711 90, 0712 90 and processed products
thereof such as those falling within CN codes 2008 99 49, 2008 99 67,
— edible parts of Aralia sp. and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90 and
0712 90,
— bamboo shoot (Phyllostacys pubescens) and processed products thereof falling within CN codes 0709 99, 0710 80,
0711 90, 0712 90, 2004 90 and 2005 91,
— bracken (Pteridium aquilinum) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90
and 0712 90,
— edible parts of Japanese horseradish or wasabi (Wasabia japonica) and processed products thereof falling within CN
codes 0709 99, 0710 80, 0711 90, 0712 90 and 0910 99,
— Japanese parsley (Oenanthe javanica) and processed products thereof falling within CN codes 0709 99, 0710 80,
0711 90 and 0712 90,
— Japanese pepper (Zanthoxylum piperitum) falling within CN code 0910 99,
— Japanese royal fern (Osmunda japonica) and processed products thereof falling within CN codes 0709 99, 0710 80,
0711 90 and 0712 90,
— koshiabura (shoot of Eleuterococcus sciadophylloides) and processed products thereof falling within CN codes
0709 99, 0710 80, 0711 90 and 0712 90,
— momijigasa (Parasenecio delphiniifolius) and processed products thereof falling within CN code 0709 99, 0710 80,
0711 90 and 0712 90,
— ostrich fern (Matteuccia struthioptheris) and processed products thereof falling within CN codes 0709 99, 0710 80,
0711 90 and 0712 90,
— plantain lily (Hosta Montana) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90
and 0712 90,
— uwabamisou (Elatostoma umbellatum var. majus) and processed products thereof falling within CN codes 0709 99,
0710 80, 0711 90 and 0712 90,
— victory onion (Allium victorialis subsp. Platyphyllum) and processed products thereof falling within CN codes
0703 10, 0710 80, 0711 90, 0712 20 and 0712 90,
— thistle (Cirsium japonicum) and processed products thereof falling within CN codes 0709 99, 0710 80, 0711 90
and 0712 90,
— yobusumaso (Honma) (Cacalia hastata ssp. orientalis) and processed products thereof falling within CN codes
0709 99, 0710 80, 0711 90 and 0712 90,

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L 143/10
EN
Official Journal of the European Union
30.5.2013
— Synurus pungens (Oyamabokuchi) and processed products thereof falling within CN codes 0709 99, 0710 80,
0711 90 and 0712 90,
— field horsetail (Equisetum arvense) and processed products thereof falling within CN codes 0709 99, 0710 80,
0711 90 and 0712 90,
— Actinidia polygama (silver vine) and processed products thereof falling within CN codes 0810 90 75, 0811 90 19,
0811 90 39, 0811 90 95, 0812 90 98 and 0813 40 95,
— fresh bovine meat falling within CN codes 0201, 0202, 0206 10, 0206 21 00, 0206 22 00, 0206 29, 0504 and
1502,
— buckwheat and processed 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,
— lotus root and processed products thereof falling within CN codes such as 0709 99, 0711 90, 0712 90 and
1211 90,
— threeleaf arrowroot and processed products thereof falling within CN codes such as 0714 90.
(e) compound products containing more than 50 % of the products referred to in the headings (a), (b), (c), and (d) of this
Annex.’

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