Date: 2023-07-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/1453 of 13 July 2023 repealing Implementing Regulation (EU) 2021/1533 imposing special conditions governing the import of feed and food originating in or dispatched from Japan following the accident at the Fukushima nuclear power station (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Regulation (EU) 2023/1453 repeals Implementing Regulation (EU) 2021/1533, which imposed special conditions on the import of feed and food originating in or dispatched from Japan following the Fukushima nuclear power station accident. This repeal is based on the effectiveness of Japanese controls, the low risk to Union health, and Japan's commitment to continued monitoring. The regulation is effective twenty days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Repeal of Implementing Regulation (EU) 2021/1533:**
* Implementing Regulation (EU) 2021/1533 is repealed in its entirety.
* **Basis for Repeal:**
* No non-compliances with maximum radionuclide levels have been observed at import into the Union since June 2011.
* The control system and controls performed by Japanese authorities are deemed effective.
* Products from specific prefectures subject to special conditions are traded in minor quantities and pose negligible exposure to radionuclides for the Union population.
* Japanese authorities will maintain an extensive control system for detecting radionuclides in feed and food, with monitoring results publicly available on the Ministry of Health, Labour and Welfare of Japan website.
* **Entry into Force:**
* The regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
* **European Commission:**
* Impact: The Commission will continue to monitor radionuclide levels in food and feed originating from Japan.
* Action Required: Continue to follow up on radionuclide levels in food and feed originating from Japan to ensure a high level of consumer safety.
* **EU Member States:**
* Impact: The special conditions governing the import of feed and food from Japan are removed.
* Action Required: Apply the regulation directly and ensure its enforcement within their territories.
* **Japanese Authorities (Ministry of Health, Labour and Welfare):**
* Impact: Responsible for maintaining an appropriate and extensive control system for detecting radionuclides in feed and food.
* Action Required: Maintain control systems and publish monitoring results regularly on their website.
* **Food and Feed Importers/Businesses:**
* Impact: No longer subject to the special import conditions outlined in Regulation (EU) 2021/1533 for products originating from or dispatched from Japan.
* Action Required: Comply with general food and feed safety regulations of the European Union.
* **Consumers in the Union:**
* Impact: High level of public health protection is maintained through monitoring of radionuclide levels.
* Action Required: No specific action required.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Japan: Country from which certain food and feed imports are governed by the regulations discussed in the document, specifically in relation to the Fukushima nuclear power station accident.
Fukushima nuclear power station: Nuclear power plant in Japan where an accident occurred in 2011, leading to regulations on food and feed imports from Japan.
Commission Implementing Regulation EU 2021/1533: A European Union regulation imposing special conditions governing the import of feed and food originating in or dispatched from Japan following the accident at the Fukushima nuclear power station; this regulation is repealed by the current implementing regulation.
Regulation EC No 178/2002: A regulation of the European Parliament and of the Council 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.
Regulation EU 2017/625: A regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
Ministry of Health, Labour and Welfare of Japan: The Japanese authority responsible for monitoring and publishing the results of radionuclide levels in feed and food.
L 179/90 EN Official Journal of the European Union 14.7.2023
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1453
of 13 July 2023
repealing Implementing Regulation (EU) 2021/1533 imposing special conditions governing the
import of feed and food originating in or dispatched 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 2002laying
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,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017on official
controls and other official activities performed to ensure the application of food and feed law, rules on animal health and
welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC)
No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the
European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC)
No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC,
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official
Controls Regulation)(2), and in particular Article 54(4), first subparagraph, point (b), and Article 90, first paragraph,
points (a), (c) and (f), thereof,
Whereas:
(1) 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. As such contamination may constitute a threat to public and animal health in the Union, the Commission
Implementing Regulation (EU) No 297/2011(3)imposed special conditions governing the import of food and feed
originating in or consigned from Japan. That Implementing Regulation was repealed and replaced successively by
Commission Implementing Regulations (EU) No 961/2011(4), (EU) No 284/2012(5), (EU) No 996/2012(6), (EU)
(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 95, 7.4.2017, p. 1.
(3) 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 (OJ L 80,
26.3.2011, p. 5).
(4) Commission Implementing Regulation (EU) No 961/2011 of 27 September 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 and repealing
Regulation (EU) No 297/2011 (OJ L 252, 28.9.2011, p. 10).
(5) 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 (OJ L 92, 30.3.2012, p. 16).
(6) Commission Implementing Regulation (EU) No 996/2012 of 26 October 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 284/2012 (OJ L 299, 27.10.2012, p. 31).14.7.2023 EN Official Journal of the European Union L 179/91
No 322/2014(7), (EU) 2016/6(8)and (EU) 2021/1533(9).
(2) The special conditions governing the import of feed and food originating in or consigned from Japan following the
accident at the Fukushima nuclear power station have been progressively alleviated by these successive reviews. The
special conditions laid down in Implementing Regulation (EU) 2021/1533 set out strict maximum radionuclide
levels of the listed commodities from affected prefectures and require those commodities to be tested on
radioactivity before exporting to the Union and the authorities to certify compliance with the strict maximum
radionuclide levels.
(3) No non-compliances at the entry into the Union with those maximum radionuclide levels have been observed at
import in the Union since June 2011, providing evidence that the control system put in place and the controls
performed by the Japanese authorities are effective. Furthermore, the products originating from specific prefectures
for which Implementing Regulation (EU) 2021/1533 lays down the special conditions for import are only traded in
minor quantities to the Union and their contribution to the exposure of Union population to radionuclides is
negligible.
(4) The Japanese competent authorities have committed to maintain an appropriate and extensive control system for
detecting the presence of radionuclides in feed and food and to make the monitoring results publicly available by
publishing all the monitoring results on a regular basis on the website of the Ministry of Health, Labour and Welfare
of Japan.
(5) Therefore, even if the Commission will continue to follow up the levels of radionuclides in food and feed originating
from Japan to ensure high protection of consumer safety, there is no longer a need to maintain the measures
provided by Implementing Regulation (EU) 2021/1533 to ensure a high level of animal and public health protection.
(6) It is therefore appropriate to repeal Implementing Regulation (EU) 2021/1533.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1
Repeal
Implementing Regulation (EU) 2021/1533 is hereby repealed.
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
(7) Commission Implementing Regulation (EU) No 322/2014 of 28 March 2014 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 (OJ L 95,
29.3.2014, p. 1).
(8) Commission Implementing Regulation (EU) 2016/6 of 5 January 2016 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 322/2014 (OJ L 3, 6.1.2016, p. 5).
(9) Commission Implementing Regulation (EU) 2021/1533 of 17 September 2021 imposing special conditions governing the import of
feed and food originating in or dispatched from Japan following the accident at the Fukushima nuclear power station and repealing
Implementing Regulation (EU) 2016/6 (OJ L 330, 20.9.2021, p. 72).L 179/92 EN Official Journal of the European Union 14.7.2023
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 2023.
For the Commission
The President
Ursula VON DER LEYEN