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Commission Implementing Regulation (EU) No 323/2014 of 28 March 2014 amending Annexes I and II 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)
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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(1), and in particular Article 15(5) thereof,
Whereas:
(1) Commission Regulation (EC) No 669/2009(2) 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 food incidents notified through the Rapid Alert System for Food and Feed, the findings of missions 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 betel leaves originating from India and Thailand, enzymes originating from India, groundnuts and derived products originating from Sudan and vine leaves originating from Turkey the relevant sources of information indicate the emergence of new risks warranting 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 entry in the list concerning dried noodles from China should therefore be deleted.
(6) The Commission was also advised by the Member States of the need to specify that the entries for imports of herbs from Morocco, Thailand and Viet Nam, okra from Viet Nam and peppers from Thailand and Viet Nam also cover chilled commodities. In the interests of clarity of Union legislation, it is also necessary to make a precision in the list regarding the entries for imports of oranges and strawberries from Egypt and peas and beans from Kenya.
(7) Moreover, modifications are needed in Annex II to Regulation (EC) No 669/2009, in particular in order to reflect the provisions on onward transportation set out in Article 8 of that Regulation in the common entry document. Further technical modifications are also needed to the Notes for Guidance for the common entry document.
(8) In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Regulation (EC) No 669/2009.
(9) Regulation (EC) No 669/2009 should therefore be amended accordingly.
(10) 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:
Annexes I and II to Regulation (EC) No 669/2009 are replaced by the text set out in the Annex to this Regulation.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 April 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2014.
For the Commission
The President
José Manuel Barroso
| a Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked “ex”. | |||||
| b 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”. | |||||
| c 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. | |||||
| d In particular residues of: Triazophos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl (sum of Parathion-methyl and paraoxon-methyl expressed as Parathion-methyl), Phenthoate, Methidathion. | |||||
| e 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)). | |||||
| f 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. | |||||
| g 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. | |||||
| h 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. | |||||
| i Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1). | |||||
| j 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. | |||||
| l 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). | |||||
| k In particular residues of Dichlorvos. | |||||
| m 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). | |||||
| n 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. | |||||
| o 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. | |||||
| p 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. | |||||
| q 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, 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. | |||||
| Feed and food(intended use) | CN codea | 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(Feed and food) | — 2008 11 91;2008 11 96; 2008 11 98 | ||||
| Strawberries (frozen) (Food) | 0811 10 | China (CN) | Norovirus and hepatitis A | 5 | |
| Brassica oleracea (other edible Brassica, “Chinese Broccoli”)b (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 methodsc | 20 |
| Pomelos (Food - fresh) | ex 0805 40 00 | 31; 39 | China (CN) | Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methodsd | 20 |
| 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 methodse | 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 methodsf | 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 methodsf | 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 methodsg | 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 methodsh | 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) | Salmonellai | 10 |
— 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 | ||||
— Curry (chilli products) | — 0910 91 05 | ||||
— 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 methodsj | 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 methodsl | 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 methodsk | 50 | |
| Watermelon (Egusi, Citrullus lanatus) seeds and derived products (Food) | ex 1207 70 00; ex 1106 30 90; ex 2008 99 99 | 10 30 50 | Sierra Leone (SL) | Aflatoxins | 50 |
— 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(Feed and food) | — 2008 11 91;2008 11 96; 2008 11 98 | ||||
| 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 methodsm | 10 |
| Betel leaves (Piper betle L.) (Food) | ex 1404 90 00 | 10 | Thailand (TH) | Salmonellai | 10 |
— Coriander leaves | — ex 0709 99 90 | 72 | Thailand (TH) | Salmonellai | 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 methodsn | 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 methodsn | 20 |
— Aubergines(Food - fresh, chilled or frozen vegetables) | — 0709 30 00;ex 0710 80 95 | 72 | |||
— 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 methodso | 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 methodsp | 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 methodsq | 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 | |||
— Okra | — ex 0709 99 90 | 20 | Viet Nam (VN) | Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methodsq | 20 |
— Peppers (other than sweet) (Capsicum spp.)(Food - fresh or chilled) | — ex 0709 60 99 | 20 | |||
Documentary references: number of airway bill, bill of lading or commercial number for railway or road vehicle.
Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.
The competent authority of the DPE shall also indicate if the consignment is authorised for the onward transportation provided for in Article 8. Onward transportation can only be authorised if the identity checks have been carried out at the DPE and if their result is satisfactory. Box II.11 shall therefore be filled in at the same time as onward transportation is authorised, while Box II.12 shall be filled in once the results of laboratory tests are available.
Commission Regulation (EC) No 669/2009 of 24 July 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 and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11).
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