Commission Implementing Regulation (EU) No 1021/2014

of 26 September 2014

amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin

(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 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 rules1, and in particular Article 15(5) thereof,

Whereas:

(1)
Commission Regulation (EC) No 669/20092 lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.
(2)

Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

(3)

The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

(4)

In particular, for consignments of aubergines, Chinese celery and yardlong beans originating from Cambodia, sesamum seeds originating from India and dragon fruit originating from Viet Nam, the relevant sources of information indicate the emergence of new risks requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

(5)

In addition, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in the list concerning frozen strawberries and pomelos from China should therefore be deleted.

(6)

In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.

(7)

Regulation (EC) No 669/2009 should therefore be amended accordingly.

(8)

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 1

Annex I to Regulation (EC) No 669/2009 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 2014.

For the Commission

The President

José Manuel Barroso

ANNEX

‘ANNEX IFeed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

Feed and food(intended use)

CN code3

TARIC sub-division

Country of origin

Hazard

Frequency of physical and identity checks (%)

Dried grapes (vine fruit)

(Food)

0806 20

Afghanistan (AF)

Ochratoxin A

50

—

Groundnuts (peanuts), in shell

—

1202 41 00

Brazil (BR)

Aflatoxins

10

—

Groundnuts (peanuts), shelled

—

1202 42 00

—

Peanut butter

—

2008 11 10

—

Groundnuts (peanuts), otherwise prepared or preserved

—2008 11 91;

2008 11 96;

2008 11 98

(Feed and food)

—Yardlong beans

(Vigna unguiculata spp. sesquipedalis)

—ex 0708 20 00;

ex 0710 22 00

10

10

Cambodia (KH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods4

50

—

Aubergines

—0709 30 00;

ex 0710 80 95

72

(Food — fresh, chilled or frozen vegetables)

Chinese celery (Apium graveolens)

(Food — fresh or chilled herb)

ex 0709 40 00

10

Cambodia (KH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods5

50

Brassica oleracea

(other edible Brassica, “Chinese Broccoli”)6

(Food — fresh or chilled)

ex 0704 90 90

40

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods7

50

Tea, whether or not flavoured

(Food)

0902

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods8

10

—

Aubergines

—0709 30 00;

ex 0710 80 95

72

Dominican Republic (DO)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods9

10

—Bitter melon

(Momordica charantia)

(Food — fresh, chilled or frozen vegetables)

—ex 0709 99 90;

ex 0710 80 95

70

70

—Yardlong beans

(Vigna unguiculata spp. sesquipedalis)

—ex 0708 20 00;

ex 0710 22 00

10

10

Dominican Republic (DO)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods9

20

—

Peppers (sweet and other than sweet) (Capsicum spp.)

—0709 60 10;

ex 0709 60 99

20

(Food — fresh, chilled or frozen vegetables)

—0710 80 51;

ex 0710 80 59

20

—

Oranges (fresh or dried)

—0805 10 20;

0805 10 80

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10

10

—

Strawberries (fresh)

(Food)

—

0810 10 00

Peppers (sweet and other than sweet) (Capsicum spp.)

0709 60 10;

ex 0709 60 99;

20

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods11

10

(Food — fresh, chilled or frozen)

0710 80 51;

ex 0710 80 59

20

Betel leaves (Piper betle L.)

(Food)

ex 1404 90 00

10

India (IN)

Salmonella12

10

Sesamum seeds

(Food — fresh or chilled)

1207 40 90

India (IN)

Salmonella12

20

—

Capsicum annuum, whole

—

0904 21 10

India (IN)

Aflatoxins

10

—

Capsicum annuum, crushed or ground

—

ex 0904 22 00

10

—

Dried fruit of the genus Capsicum, whole, other than sweet peppers (Capsicum annuum)

—

0904 21 90

—Nutmeg

(Myristica fragrans)

(Food — dried spices)

—0908 11 00;

0908 12 00

Enzymes; prepared enzymes

(Feed and food)

3507

India (IN)

Chloramphenicol

50

—Nutmeg

(Myristica fragrans)

(Food — dried spices)

—0908 11 00;

0908 12 00

Indonesia (ID)

Aflatoxins

20

—

Peas with pods (unshelled)

—

ex 0708 10 00

40

Kenya (KE)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods13

10

—

Beans with pods (unshelled)

(Food — fresh or chilled)

—

ex 0708 20 00

40

Mint

(Food — fresh or chilled herb)

ex 1211 90 86

30

Morocco (MA)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods14

10

Dried beans

(Food)

0713 39 00

Nigeria (NG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods15

50

Table grapes

(Food — fresh)

0806 10 10

Peru (PE)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods16

10

Watermelon (Egusi, Citrullus lanatus) seeds and derived products

ex 1207 70 00;

ex 1106 30 90;

ex 2008 99 99

10

30

50

Sierra Leone (SL)

Aflatoxins

50

(Food)

—

Groundnuts (peanuts), in shell

—

1202 41 00

Sudan (SD)

Aflatoxins

50

—

Groundnuts (peanuts), shelled

—

1202 42 00

—

Peanut butter

—

2008 11 10

—

Groundnuts (peanuts), otherwise prepared or preserved

—2008 11 91;

2008 11 96;

2008 11 98

(Feed and food)

Peppers (other than sweet) (Capsicum spp.)

(Food — fresh or chilled)

ex 0709 60 99

20

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods17

10

Betel leaves (Piper betle L.)

(Food)

ex 1404 90 00

10

Thailand (TH)

Salmonella12

10

—

Coriander leaves

—

ex 0709 99 90

72

Thailand (TH)

Salmonella12

10

—

Basil (holy, sweet)

—

ex 1211 90 86

20

—

Mint

(Food — fresh or chilled herbs)

—

ex 1211 90 86

30

—

Coriander leaves

—

ex 0709 99 90

72

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods18

10

—

Basil (holy, sweet)

(Food — fresh or chilled herbs)

—

ex 1211 90 86

20

—Yardlong beans

(Vigna unguiculata spp. sesquipedalis)

—ex 0708 20 00;

ex 0710 22 00

10

10

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods18

20

—

Aubergines

—0709 30 00;

ex 0710 80 95

72

(Food — fresh, chilled or frozen vegetables)

Dried apricots

(Food)

0813 10 00

Turkey (TR)

Sulphites19

10

—Sweet Peppers

(Capsicum annuum)

(Food — fresh, chilled or frozen vegetables)

—0709 60 10;

0710 80 51

Turkey (TR)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods20

10

Vine leaves

(Food)

ex 2008 99 99

11; 19

Turkey (TR)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods21

10

Dried grapes (vine fruit)

(Food)

0806 20

Uzbekistan (UZ)

Ochratoxin A

50

—

Coriander leaves

—

ex 0709 99 90

72

Viet Nam (VN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods22

20

—

Basil (holy, sweet)

—

ex 1211 90 86

20

—

Mint

—

ex 1211 90 86

30

—

Parsley

(Food — fresh or chilled herbs)

—

ex 0709 99 90

40

—

Dragon fruit

—

ex 0810 90 20

10

Viet Nam (VN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods22

20

—

Okra

—

ex 0709 99 90

20

—

Peppers (other than sweet) (Capsicum spp.)

(Food — fresh or chilled)

—

ex 0709 60 99

20

3

Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked “ex”.

4

In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorbufam, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate).

5

In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Hexaconazole, Phenthoate, Triadimefon and Triadimenol (sum of triadimefon and triadimenol).

6

Species of Brassica oleracea L. convar. botrytis (L) Alef var. italica Plenck, cultivar alboglabra. Also known as “Kai Lan”, “Gai Lan”, “Gailan”, “Kailan”, “Chinese bare Jielan”.

7

In particular, residues of: Chlorfenapyr, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Acetamiprid, Dimethomorph and Propiconazole.

8

In particular, residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

9

In particular, residues of: Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorfenapyr, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Diafenthiuron, Diazinon, Dichlorvos, Dicofol (sum of p, p′ and o,p′ isomers), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Fenamidone, Imidacloprid, Malathion (sum of malathion and malaoxon expressed as malathion), Methamidophos, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Oxamyl, Profenofos, Propiconazole, Thiabendazole, Thiacloprid.

10

In particular, residues of: Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Cyfluthrin (cyfluthrin including other mixtures of constituent isomers (sum of isomers)) Cyprodinil, Diazinon, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Phenthoate, Thiophanate-methyl.

11

In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Cyproconazole, Dicofol (sum of p, p′ and o,p′ isomers), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Profenofos, Propiconazole, Thiophanate-methyl and Triforine.

12

Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

13

In particular, residues of: Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Chlorpyrifos, Acephate, Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Diafenthiuron, Indoxacarb as sum of the isomers S and R.

14

In particular, residues of: Chlorpyrifos, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Hexaconazole, Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Flutriafol, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Flubendiamide, Myclobutanyl, Malathion (sum of malathion and malaoxon expressed as malathion).

15

In particular, residues of Dichlorvos.

16

In particular, residues of: Diniconazole, Ethephon and Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl).

17

In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Triazophos, Malathion (sum of malathion and malaoxon expressed as malathion), Profenofos, Prothiofos, Ethion, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Triforine, Procymidone, Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride).

18

In particular, residues of: Acephate, Carbaryl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Chlorpyrifos, Chlorpyrifos-methyl, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Ethion, Malathion (sum of malathion and malaoxon expressed as malathion), Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)), Methamidophos, Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Monocrotophos, Profenofos, Prothiofos, Quinalphos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Triazophos, Dicrotophos, EPN, Triforine.

19

Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

20

In particular, residues of: Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Oxamyl, Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Clofentezine, Diafenthiuron, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Formetanate: Sum of formetanate and its salts expressed as formetanate(hydrochloride), Malathion (sum of malathion and malaoxon expressed as malathion), Procymidone, Tetradifon, Thiophanate-methyl.

21

In particular, residues of: Azoxystrobin, Boscalid, Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Endosulfan (sum of alpha- and beta-isomers and endosulfan-sulphate expresses as endosulfan), Kresoxim-methyl, Lambda-cyhalothrin, Metalaxyl and metalaxyl-M (metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers)), Methoxyfenozide, Metrafenone, Myclobutanil, Penconazole, Pyraclostrobin, Pyrimethanil, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Trifloxystrobin.

22

In particular, residues of: Carbofuran (sum of carbofuran and 3-hydroxy-carbofuran expressed as carbofuran), Carbendazim and benomyl (sum of benomyl and carbendazim expressed as carbendazim), Chlorpyrifos, Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Profenofos, Permethrin (sum of isomers), Hexaconazole, Difenoconazole, Propiconazole, Fipronil (sum fipronil + sulfone metabolite (MB46136) expressed as fipronil), Propargite, Flusilazole, Phenthoate, Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)), Methomyl and Thiodicarb (sum of methomyl and thiodicarb expressed as methomyl), Quinalphos, Pencycuron, Methidathion, Dimethoate (sum of dimethoate and omethoate expressed as dimethoate), Fenbuconazole.’