Forskrift om særlige importbetingelser for næringsmidler og fôrvarer som følge av ulykken ved atomkraftverket i Tsjernobyl

1. This Regulation shall apply to food, including minor food, and feed within the meaning of Article 1 of Regulation (Euratom) 2016/52 originating in or consigned from third countries listed in Annex I to this Regulation (‘the products’) intended for placing on the Union market. 2. This Regulation shall not apply to the following categories of consignments of the products, unless their gross weight exceeds 10 kg of fresh product or 2 kg of dry product: a) consignments sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market; b) consignments which form part of passengers’ personal luggage and are intended for personal consumption or use; c) non-commercial consignments sent to natural persons which are not intended to be placed on the market; d) consignments intended for scientific purposes. In case of doubt on the intended use of the products referred to in points (b) and (c), the burden of proof lies with the owner of the personal luggage and with the recipient of the consignment, respectively.

For the purposes of this Regulation, the following definitions apply: 1) ‘border control post’ means ‘border control post’ as defined in point (38) of Article 3 of Regulation (EU) 2017/625; 2) ‘consignment’ means ‘consignment’ as defined in point (37) of Article 3 of Regulation (EU) 2017/625.

1. The products may only enter the Union if they comply with this Regulation. ►M1 2. The products shall comply with the following accumulated maximum permitted levels of radioactive contamination in terms of caesium-137: a) 370 Bq/kg for milk and milk products and for food for infants and young children as defined in Article 2(2)(a) and (b) of Regulation (EU) No 609/2013; b) 600 Bq/kg for all other products concerned. ◄M1 3. Each consignment of products listed in Annex II, with reference to the relevant code from the Combined Nomenclature, from third countries listed in Annex I, shall be accompanied by an official certificate referred to in Article 4. Each consignment shall be identified by means of an identification code which shall be indicated on the official certificate and on the Common Health Entry Document (CHED), as provided for in Article 56 of Regulation (EU) 2017/625.

1. The official certificate referred to in Article 3(3) shall be issued by the competent authority of the third country of origin or of the third country where the consignment is consigned, if that country is different from the country of origin, in accordance with the model set out in Annex III. 2. The official certificate shall comply with the following requirements: a) it shall bear the identification code referred to in Article 3(3), of the consignment to which it relates; b) it shall be issued before the consignment to which it relates leaves the control of the competent authority of the third country issuing the certificate; c) it shall be valid for not more than 4 months from the date of issue, but in any case no longer than 6 months from the date of the results of the laboratory analysis referred to in paragraph 6. ►M1 3. The official certificate which is not submitted in the Information Management System for Official Controls (IMSOC) by the competent authority of the third country issuing it shall also meet the requirements for model official certificates not submitted in IMSOC laid down in Article 5 of Implementing Regulation (EU) 2020/2235. 4. Competent authorities may issue a replacement official certificate only in accordance with the rules laid down in Article 6 of Implementing Regulation (EU) 2020/2235. ◄M1 5. The official certificate shall be completed on the basis of the instructions set out in Annex IV. 6. The official certificate shall attest that the products comply with the maximum permitted levels laid down in Article 3(2). The official certificate shall be accompanied by the results of sampling and analysis performed on that consignment by the competent authority of the third country of origin or of the country where the consignment is consigned from, if that country is different from the country of origin.

►M1 1. Consignments of products of non-animal origin referred to in Article 3(3) shall be subject to official controls at their entry into the Union at a border control post and/or at a designated control point. Consignments of products referred to in Article 3(3) containing ingredient or ingredients of animal origin shall be subject to official controls at their entry into the Union at a border control post. ◄M1 2. The competent authorities of the border control post shall carry out identity checks and physical checks on these consignments, including a laboratory analysis on the presence of caesium-137, at a frequency of 20 %.

Customs authorities shall only allow the release for free circulation of consignments of the products referred to in Article 3(3), upon presentation of a duly finalised CHED, as provided for in Article 57(2)(b) of Regulation (EU) 2017/625, which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2) of that Regulation.

The Commission shall review this Regulation at the latest by 31 March 2030. A detailed assessment on the level of contamination in the third countries referred to in Annex I shall be performed on the basis of available control results and, if appropriate, on the basis of the outcome of this assessment, the third countries listed in Annex I, products listed in Annex II and the measures referred to in Article 5(2) shall be reviewed accordingly before that date.

Regulations (EC) No 1609/2000 and (EC) No 1635/2006 are repealed.

For a transitional period until 31 December 2020, consignments of products referred to in Article 3(3) accompanied by the relevant certificates issued before 1 September 2020 in accordance with the provisions of Regulation (EC) No 1635/2006 shall be authorised for entry into the Union.

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, 5 August 2020. For the Commission The President Ursula VON DER LEYEN