L 25210 Official Journal of the European Union 28.9.2011 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 (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 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 ('), and in particular Article 53 (1) (b)(ii) thereof, Whereas: (1)  Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for food and feed imported from a third country in order to protect public health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually. (2)  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 such as milk and spinach exceeded the action levels in food applicable in Japan. Such contamination may constitute a threat to public and animal health in the Union and therefore Commission  Implementing  Regulation (EU) No 297/2011 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 (%) was adopted. (3)  Regulation (EU) No 297/2011 has been amended at several occasions to take into account the development of the situation. These amendments concerned the adoption of maximum levels of radioactivity to be applied for feed and food originating from Japan, addition of prefectures to the zone for which specific restrictions apply after contamination in these prefectures was found at levels above the maximum levels and removing prefectures from the zone with restrictions in () OJ L 31, 1.2.2002, p. 1. () O] L 80, 26.3.2011, p. 5. case extensive monitoring has provided evidence that these prefectures were not affected to a significant extent by radioactive contamination. (4)  Since mid July 2011, the Commission was informed by the Japanese authorities of findings of high levels of caesium in beef from cattle grown in different prefectures in Japan. As the import of beef from Japan into the EU is not allowed for animal and public health reasons other than radioactivity, these findings do not affect the European consumer. Also recently, new food products have been found to contain levels of radioactivity above the maximum levels. These findings and the fact that new/other agricultural/horticultural crops are grown and harvested in the contaminated zone provide evidence that it is appropriate to maintain the current measures after 30 September 2011. It is therefore appropriate to continue to implement the present Regulation until 31 December 2011, instead of 30 September 2011 as initially foreseen. The principle of a monthly review of the implementation of the Regulation is maintained. (5)  Given that Regulation (EU) No 297/2011 has been amended several times in a short period of time it is appropriate to replace Regulation (EU) No 297/2011 by a new Regulation. (6)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS REGULATION: Atticle 1 Scope This Regulation shall apply to feedstuffs and foodstuffs within the meaning of Article 1 (2) of Regulation (Euratom) No 3954/87 (%) originating in or consigned from Japan, with the exclusion of products which left Japan before 28 March 2011 and of products which have been harvested andfor processed before 11 March 2011. Article 2 Attestation 1. All consignments of products referred to in Article 1 shall be subject to the conditions laid down in this Regulation. () OJ L 371, 30.12.1987, p. 11.