THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, and in particular Article 23 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs lays down permitted maximum levels of ochratoxin A in foodstuffs. Only foodstuffs complying with the maximum level may be placed on the Union market.
(2)
Regulation (EC) No 882/2004 provides an obligation for the Member States to ensure that official controls are carried out regularly, on a risk basis and with appropriate frequency in order to achieve the objectives of the Regulation, which are inter alia preventing, eliminating or reducing to acceptable levels risks to humans and animals.
(3)
Article 23 of Regulation (EC) No 882/2004 provides that specific pre-export checks that a third country carries out on feed and food immediately prior to export to the European Union with a view to verifying that the exported products satisfy Union requirements may be approved.
(4)
Such an approval may only be granted to a third country if an European Union audit has shown that feed or food exported to the European Union meets Union requirements or equivalent requirements and that the controls carried out in the third country prior to dispatch are considered sufficiently effective and efficient as to replace or reduce the documentary, identity and physical checks laid down in Union law.
(5)
On 8 October 2007 Canada has submitted to the Commission an application for obtaining an approval of the pre-export checks performed by the competent authorities of Canada on the ochratoxin A contamination in wheat (common and durum) and wheat flour intended for export to the European Union.
(6)
The Commission has assessed in detail the information provided by the Canadian Grain Commission, the competent authority of Canada under the responsibility of which the pre-export checks will be performed, and considers that the guarantees provided are satisfactory and justify the approval of the pre-export checks on wheat and wheat flour as regards the presence of ochratoxin A.
(7)
It is therefore appropriate to grant approval of pre-export checks carried out by Canada on wheat and wheat flour ensuring compliance with the maximum levels of ochratoxin A laid down in Union law.
(8)
According to Article 16(2) of Regulation (EC) No 882/2004 Member States are required to adjust the frequency of physical checks on imports to the risk associated with different categories of food and taking into account, among other things, the guarantees provided by the competent authorities of the third country of origin of the food in question. Systematic pre-export checks carried out under the authority of the Canadian Grain Commission in conformity with the Union approval and in accordance with Article 23 of Regulation 882/2004 provide a satisfactory level of guarantees in relation to the ochratoxin A contamination in wheat and wheat flour and therefore allow Member States to reduce the frequency of physical checks performed on those commodities.
(9)
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: