# The Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019, Regulation 4: Amendment of Regulation 1635/2006


For Article 1, substitute—
“1. Checks on the radiocaesium content referred to in Article 3 of Regulation (EEC) No. 737/90 of products referred to in Article 1 of the same Regulation, to ensure that the maximum permitted levels laid down by the said Regulation are observed, must be carried out on import into the United Kingdom.
2. Checks must be carried out by sampling in accordance with the following minimum standards—
(a) without prejudice to paragraph 3(b), the choice of the appropriate authority as to the intensity of controls to be carried out must be made taking account in particular of the degree of contamination of the country of origin, the characteristics of the products in question, the results of the previous checks and the export certificates referred to in Article 3;
(b) without prejudice to the further measures provided for in Articles 5 and 6 of Regulation (EEC) No. 737/90, where a product originating in a third country is recorded as exceeding the maximum permitted levels, checks must be intensified for all products of the same type originating in the third country in question.
3. Checks on specific products must be carried out in accordance with the following rules—
(a) for animals for slaughter, the checks must be carried out without prejudice to the customs rules laid down in Council Regulation (EEC) No. 2913/92 and Commission Regulation (EEC) No. 2454/93 and to animal health requirements. Clearance of release for free circulation is subject to the presentation of a certificate issued by the competent authorities responsible for controls to the effect that the meat in question has undergone the system of checks and that those checks have shown that the maximum permitted levels have not been exceeded;
(b) for products listed in Annex 1, originating in third countries listed in Annex 2, documentary checks must be performed on the basis of the duly completed export certificates referred to in Article 3 accompanying each consignment. Each consignment exceeding 10 kg of fresh product or the equivalent thereof must be subject to systematic sampling and analysis, taking appropriate account of the information contained in the export certificate. These products may only be declared for free circulation in the United Kingdom in such customs offices as may be identified by the appropriate authority from time to time. A list of these customs offices must be published by the appropriate authority.
4. Where failure to comply with the maximum permitted levels is observed in respect of a given product, the appropriate authority may require the imported product to be destroyed or returned to the country of origin. In the latter case, written evidence that the product has left the territory of the United Kingdom must be forwarded to the customs authority which refused the release for free circulation.
5. For the products referred to in paragraph 1 of this Article, the appropriate authority may levy charges on the importer for the sampling and analysis of products for compliance with Regulation (EEC) No. 737/90. For consignments which exceed the maximum permitted levels, the appropriate authority may also recover from their intended importer costs associated with either the destruction of the consignment or its return to the country of origin.”.

---
Source: https://www.legislation.gov.uk/ukdsi/2019/9780111180242/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-food-and-feed-chernobyl-and-fukushima-restrictions-amendment-eu-exit-regulations-2019/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.