Commission Implementing Regulation (EU) 2020/1158
of 5 August 2020
on the conditions governing imports of food and feed originating in third countries following the accident at the Chernobyl nuclear power station
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Following the accident at the Chernobyl nuclear power station on 26 April 1986, considerable quantities of radioactive elements were released into the atmosphere and affected a wide range of third countries. Such contamination may still constitute a threat to public and animal health in the Union and it is therefore appropriate to have measures in place at Union level to ensure the safety of the feed and food originating in or consigned from these third countries.
Certain products originating in third countries affected by the Chernobyl accident still show radioactive caesium contamination exceeding the above-mentioned maximum permitted levels. Findings in recent years provide evidence that the caesium-137 contamination following the Chernobyl accident remains high for a number of products originating from species living and growing in forests and wooded areas. This is related to continued significant levels of radioactive caesium in this ecosystem and its physical half-life of 30 years.
While the radionuclide caesium-134, with a physical half-life of about 2 years, has completely decayed since the Chernobyl accident, it is appropriate that the maximum level refers only to caesium-137, as from an analytical point of view the analysis of caesium-134 constitutes an additional burden.
Cases of non-compliance with the maximum levels have been notified in the past 10 years to the Rapid Alert System for Food and Feed (RASFF) in consignments of mushrooms imported from a number of third countries. In the past 10 years, a few non-compliances with the maximum levels have been reported to the RASFF in consignments of cranberries, bilberries and other fruits and derived products of the genus Vaccinium and no non-compliance in game meat has been reported.
It follows that food and feed imported from certain third countries may contain radioactive contamination and therefore are likely to pose a serious risk to human health, animal health or the environment that requires measures at Union level before those products enter the Union market.
Regulation (EU) 2017/625 integrates into a single legislative framework the rules applicable to official controls on animals and goods entering the Union in order to verify compliance with Union agri-food chain legislation and governs obligations to present certain categories of goods from certain third countries at border control posts for official controls to be performed prior to their entry into the Union.
In order to facilitate the performance of official controls at the entry into the Union, it is appropriate to establish a single model official certificate for the entry into the Union of food and feed subject to special conditions for the entry into the Union.
To avoid misuse and abuse, it is important to define the cases where a replacement official certificate may be issued and the requirements that need to be met by such certificate. Such cases have been laid down in Implementing Regulation (EU) 2019/628 in relation to official certificates issued in accordance with that Regulation. With a view to ensure a coherent approach, it is appropriate to provide that, in the case of issuing replacement certificates, official certificates issued in accordance with this Regulation should be replaced in accordance with the procedures for the replacement certificates laid down in Implementing Regulation (EU) 2019/628.
Due to the long lasting effects of radioactive contamination, it is appropriate not to change the list of third countries affected by the Chernobyl incident at this stage. However, Bulgaria and Romania, which have become Member State in the meantime, should therefore not be included in that list. Liechtenstein and Norway, which are part of the European Economic Area (EEA) and therefore not subject to the relevant controls, should not be included in that list either. A review of this Regulation as regards the list of affected third countries should be carried out by 31 March 2030. In parallel, an adjustment to the measures on a country-by-country basis, may take place at an earlier stage, if a more detailed analysis of the level of contamination in a respective country shows lower levels.
Given the experience with current controls and the low number of cases exceeding the maximum permitted levels, it is considered sufficient to require documentary checks on all consignments of mushrooms except cultivated mushrooms and of wild cranberries, bilberries and other fruits and derived products of the genus Vaccinium accompanied by an official certificate, complemented by identity checks and physical checks, including laboratory analysis on the presence of radioactive caesium, of these consignments at a frequency of 20 %.
Since this Regulation replaces Regulations (EC) No 1609/2000 and (EC) No 1635/2006, those Regulations should be repealed.
In order to allow a smooth transition to the new measures, it is appropriate to provide for a transitional measure as regards consignments accompanied by certificates issued in accordance with Regulation (EC) No 1635/2006, provided that such certificates were issued before 1 September 2020.
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 1Scope
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 F1the market in Great Britain.
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.
Article 2Definitions
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.
- (3)
F2“appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.
Article 3Conditions for entry into F3Great Britain
1.
The products may only enter F3Great Britain if they comply with this Regulation.
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.
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.
Article 4Official certificate
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.
3.
The official certificate which is not submitted in the F4appropriate computerised management information system by the competent authority of the third country issuing it shall also meet the requirements for model official certificates not submitted in F5the appropriate computerised management information system laid down in Article 3 of Implementing Regulation (EU) 2019/628.
4.
Competent authorities may issue a replacement official certificate only in accordance with the rules laid down in Article 5 of Implementing Regulation (EU) 2019/628.
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.
Article 5Official controls at entry into F6Great Britain
1.
Consignments of products referred to in Article 3(3) shall be subject to official controls at their entry into F6Great Britain through a border control post and at control points.
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 %.
Article 6Release for free circulation
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.
Article 7Review
The F7appropriate authority 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.
Article 8Repeals
Regulations (EC) No 1609/2000 and (EC) No 1635/2006 are repealed.
F8Article 9Transitional provision
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10Entry 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.
F9...
Done at Brussels, 5 August 2020.
For the Commission
The President
Ursula von der Leyen
ANNEX IList of third countries referred to in Article 1(1)
ANNEX IIList of products to which the conditions laid down in Article 3(3) apply
F11Commodity code | Description |
|---|---|
ex 0709 51 00 | mushrooms of the genus Agaricus, fresh or chilled, other than cultivated mushrooms |
ex 0709 59 | other mushrooms, fresh or chilled, other than cultivated mushrooms |
ex 0710 80 61 | mushrooms of the genus Agaricus (uncooked or cooked by steaming or boiling in water), frozen, other than cultivated mushrooms |
ex 0710 80 69 | other mushrooms (uncooked or cooked by steaming or boiling in water), frozen, other than cultivated mushrooms |
ex 0711 51 00 | mushrooms of the genus Agaricus provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, other than cultivated mushrooms |
ex 0711 59 00 | other mushrooms provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, other than cultivated mushrooms |
ex 0712 31 00 | mushrooms of the genus Agaricus, dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms |
ex 0712 32 00 | wood ears (Auricularia spp.) dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms |
ex 0712 33 00 | jelly fungi (Tremella spp.) dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms |
ex 0712 39 00 | other mushrooms, dried, whole, cut, sliced, broken or in powder, but not further prepared, other than cultivated mushrooms |
ex 2001 90 50 | mushrooms prepared or preserved by vinegar or acetic acid other than cultivated mushrooms |
ex 2003 | mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid, other than cultivated mushrooms |
ex 0810 40 | wild cranberries, wild bilberries and other wild fruits of the genus Vaccinium, fresh |
ex 0811 90 50 | wild fruits of the species Vaccinium myrtillus, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter |
ex 0811 90 70 | wild fruits of the species Vaccinium myrtilloides and Vaccinium angustifolium, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter |
ex 0812 90 40 | wild fruits of the species Vaccinium myrtillus, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption |
ex 2008 93 | wild cranberries (Vaccinium macrocarpon, Vaccinium oxycoccos, Vaccinium vitis-idaea), otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included |
ex 2008 99 | other wild fruits of the genus Vaccinium, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included |
ex 2009 81 | cranberry juices of wild fruits (Vaccinium macrocarpon, Vaccinium oxycoccos, Vaccinium vitis-idaea), unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter |
ex 2009 89 | other juices of wild fruits of the genus Vaccinium, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter |
ANNEX IIIF12F13F14F15MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 4 OF COMMISSION IMPLEMENTING REGULATION (EU) 2020/1158 ON THE CONDITIONS GOVERNING IMPORTS OF FOOD AND FEED ORIGINATING IN THIRD COUNTRIES FOLLOWING THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER STATION

ANNEX IVINSTRUCTIONS FOR THE COMPLETION OF THE OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 4 OF COMMISSION IMPLEMENTING REGULATION (EU) 2020/1158 ON THE CONDITIONS GOVERNING IMPORTS OF FOOD AND FEED ORIGINATING IN THIRD COUNTRIES FOLLOWING THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER STATION
General
To positively select any option, please tick or mark the relevant box with a cross (X).
Only one of the options may be selected in boxes I.15, I.18, I.20.
Unless otherwise indicated, the boxes are compulsory.
If the consignee, the entry border control post (BCP) or the transport details (that is to say, the means and date) change after the certificate has been issued, the operator responsible for the consignment must advise the competent authority F16... of entry. Such a change shall not result in a request for a replacement certificate.
In case the certificate is submitted in F17the appropriate computerised management information system, the following applies:
the entries or boxes specified in Part I constitute the data dictionaries for the electronic version of the official certificate;
the sequences of boxes in Part I of the model official certificate and the size and shape of those boxes are indicative;
where a stamp is required, its electronic equivalent is an electronic seal. Such seal shall comply with the rules for the issuance of electronic certificates referred to in point (f) of the first paragraph of Article 90 of Regulation (EU) 2017/625.
Part I: Details of the dispatched consignment
Country: | The name of the third country issuing the certificate. |
Box I.1. | Consignor/Exporter: the name and address (street, city and region, province or state, as appropriate) of the natural or legal person dispatching the consignment that must be located in the third country. |
Box I.2. | Certificate reference No: the unique mandatory code assigned by the competent authority of the third country in accordance with its own classification. This box is compulsory for all certificates not submitted in F17the appropriate computerised management information system. |
Box I.2.a | F17the appropriate computerised management information system reference No: the unique reference code automatically assigned by F17the appropriate computerised management information system, if the certificate is registered in F17the appropriate computerised management information system. This box must not be completed if the certificate is not submitted in F17the appropriate computerised management information system. |
Box I.3. | Central competent authority: name of the central authority in the third country issuing the certificate. |
Box I.4. | Local competent authority: if applicable, the name of the local authority in the third country issuing the certificate. |
Box I.5. | Consignee/Importer: name and address of the natural or legal person to whom the consignment is intended in F18Great Britain. |
Box I.6. | Operator responsible for the consignment: the name and address of the person in F19Great Britain in charge of the consignment when presented to the BCP and who makes the necessary declarations to the competent authorities either as the importer or on behalf of the importer. This box is optional. |
Box I.7. | Country of origin: the name and ISO code of the country where the goods are originating from, grown, harvested or produced. |
Box I.9. | Country of destination F20in Great Britain: the name and ISO code of F21... country of destination of the products. |
Box I.11. | Place of dispatch: the name and address of the holdings or establishments from which the products come from. Any unit of a company in the food sector. Only the establishment shipping the products is to be named. In the case of trade involving more than one third country (triangular movement), the place of dispatch is the last third-country establishment of the export chain from which the final consignment is transported to F22Great Britain. |
Box I.12. | Place of destination: this information is optional. For the placing on the market: the place where the products are sent for final unloading. Give the name, address and approval number of the holdings or establishments of the place of destination, if applicable. |
Box I.14. | Date and time of departure: the date when the means of transport departs (aeroplane, vessel, railway or road vehicle). |
Box I.15. | Means of transport: means of transport leaving the country of dispatch. Mode of transport: aeroplane, vessel, railway, road vehicle or other. ‘Other’ means modes of transport not covered by Council Regulation (EC) No 1/200518. Identification of the means of transport: for aeroplanes, the flight number, for vessels, the ship name(s), for railways, the train identity and wagon number, for road transports, the registration number plate with trailer number plate if applicable. In the case of a ferry, the identification of the road vehicle, the registration number plate with trailer number plate if applicable, and the name of the scheduled ferry must also be provided. |
Box I.16. | Entry BCP: state the name of the BCP and its identification code assigned by F17the appropriate computerised management information system. |
Box I.17. | Accompanying documents: Laboratory report: indicate the reference number and the date of issuance of the report/results of laboratory analysis referred to in Article 4(6) of Commission Implementing Regulation (EU) 2020/1158 Other: the type and reference number of document must be stated when a consignment is accompanied by other documents such as a commercial document (for example, the airway bill number, the bill of lading number or the commercial number of the train or road vehicle). |
Box I.18. | Transport conditions: category of required temperature during the transport of products (ambient, chilled, frozen). Only one category may be selected. |
Box I.19. | Container No/Seal No: if applicable, the corresponding numbers. The container number must be provided if the goods are transported in closed containers. Only the official seal number must be stated. An official seal applies if a seal is affixed to the container, truck or rail wagon under the supervision of the competent authority issuing the certificate. |
Box I.20. | Goods certified as: state the intended use for products as specified in the relevant F23... official certificate. Human consumption: concerns only products intended for human consumption. |
Box I.22. | For internal market: for all consignments destined to be placed on the market in F24Great Britain. |
Box I.23. | Total number of packages: the number of packages. In the case of bulk consignments, this box is optional. |
Box I.24. | Quantity: Total net weight: this is defined as the mass of the goods themselves without immediate containers or any packaging. Total gross weight: overall weight in kilograms. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment. |
Box I.25. | Description of goods: State the relevant Harmonised System code (HS code) and the title defined by the World Customs Organisation as referred to in Council Regulation (EEC) No 2658/8719. This customs description shall be supplemented, if necessary, by additional information required to classify the products. Indicate the species, types of products, the number of packages, type of packaging, batch number, net weight, and final consumer (i.e. products are packed for final consumer). Species: the scientific name or as defined in accordance with F25legislation in force in the relevant constituent territory of Great Britain. Type of packaging: identify the type of packaging according to the definition given in Recommendation No 2120 of UN/CEFACT (United Nations Centre for Trade Facilitation and Electronic Business). |
Part II: Certification
This part must be completed by a certifying officer authorised by the competent authority of the third country to sign the official certificate, as provided for in Article 88(2) of Regulation (EU) 2017/625.
Box II. | Health information: please complete this part in accordance with the specific F26... health requirements relating to the nature of the products and as defined in the equivalence agreements with certain third countries or in other F27legislation in force in the relevant constituent territory of Great Britain, such as that for certification. In case the official certificate is not submitted in F17the appropriate computerised management information system, the statements which are not relevant must be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate. In case the certificate is submitted in F17the appropriate computerised management information system, the statements which are not relevant must be crossed out or completely removed from the certificate. |
Box II.a. | Certificate reference No: same reference code as in box I.2. |
Box II.b. | F17the appropriate computerised management information system reference No: same reference code as in box I.2.a. Mandatory only for official certificates issued in F17the appropriate computerised management information system. |
Certifying officer: | Official of the competent authority of the third country authorised to sign official certificates by such authorities: Indicate the name in capital letters, qualification and title, where applicable, identification number and original stamp of the competent authority and date of signature. |