Commission Implementing Regulation (EU) 2019/1793Show full title

SECTION 1 U.K. COMMON PROVISIONS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down:

(a) the list of food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at their entry into [F1 Great Britain], established in Annex I, falling within the [F2 commodity codes] laid down in that Annex, in accordance with Article 47(2)(b) of Regulation (EU) 2017/625;

(b) special conditions governing the entry into [F3 Great Britain] of the following categories of consignments of food and feed due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues F4 ... and microbiological contamination, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002:

(i)

consignments of food and feed of non-animal origin from third countries or parts of those third countries listed in [F5 Table 1][F5 Table 1 (England)] to Annex II and falling within the [F6 commodity codes] laid down in that Annex;

(ii)

consignments of compound food containing any of the food listed in [F7 Table 1][F7 Table 1 (England)] to Annex II due to the risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of those products and falling within the [F8 commodity codes] laid down in [F9 Table 2][F9 Table 2 (England)] to that Annex;

[F10 (ba ) suspension of the entry into [F11 Great Britain] of the food and feed listed in Annex IIa;]

(c) rules on the frequency of identity checks and physical checks for the consignments of food and feed referred to in points (a) and (b) of this paragraph;

(d) rules on the methods to be used for sampling and for laboratory analyses for the consignments of food and feed referred to in points (a) and (b) of this paragraph, in accordance with Article 34(6)(a) of Regulation (EU) 2017/625;

(e) rules concerning the model official certificate required to accompany consignments of food and feed referred to in point (b) of this paragraph and the requirements for such official certificate, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002;

(f) rules for the issuance of replacement official certificates required to accompany consignments of food and feed referred to in point (b) of this paragraph, in accordance with Article 90(c) of Regulation (EU) 2017/625.

2. This Regulation applies to consignments of food and feed referred to in points (a) and (b) of paragraph 1 intended for placing on [F12 the market in Great Britain].

[F13 3 . This Regulation does not apply to the following categories of consignments of food and feed referred to in points (a) and (b) of paragraph 1 unless their net weight exceeds 30 kg:

(a) consignments of food and feed sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;

(b) consignments of food and feed which form part of passengers personal luggage and are intended for personal consumption or use;

(c) non-commercial consignments of food and feed sent to natural persons which are not intended to be placed on the market;

(d) consignments of food and feed intended for scientific purposes.]

4. This Regulation does not apply to food and feed referred to in points (a) and (b) of paragraph 1 on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers.

5. In case of doubt on the intended use of the food and feed referred in points (b) and (c) of paragraph (3), the burden of proof lies with the owner of the personal luggage and with the recipient of the consignment, respectively.

Textual Amendments

F1 Words in Art. 1(1)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(a) (with regs. 33-36)

F2 Words in Art. 1(1)(a) substituted: (E.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 (S.I. 2025/1162), regs. 1(1), 2(2)(a); (W.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025 (S.I. 2025/1169), regs. 1(2)(c), 2(2)(a); and (S.) (1.1.2026) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/335), regs. 1(1), 2(2)(a)

F3 Words in Art. 1(1)(b) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(a) (with regs. 33-36)

F4 Words in Art. 1(1)(b) omitted: (E.) (18.12.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) (No. 2) Regulations 2024 (S.I. 2024/1169), regs. 1(1), 2(2); (W.) (18.12.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (No. 2) (Wales) Regulations 2024 (S.I. 2024/1214), regs. 1(2)(c), 2(2); and (S.) (18.12.2024) by virtue of The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/324), regs. 1(1), 2(2)

F5 Words in Art. 1(1)(b)(i) substituted (E.) (17.1.2023) by virtue of The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022 (S.I. 2022/1193), regs. 1(1), 2(2)(a)

F6 Words in Art. 1(1)(b)(i) substituted: (E.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 (S.I. 2025/1162), regs. 1(1), 2(2)(a); (W.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025 (S.I. 2025/1169), regs. 1(2)(c), 2(2)(b)(i); and (S.) (1.1.2026) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/335), regs. 1(1), 2(2)(b)

F7 Words in Art. 1(1)(b)(ii) substituted (E.) (17.1.2023) by virtue of The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022 (S.I. 2022/1193), regs. 1(1), 2(2)(b)(i)

F8 Words in Art. 1(1)(b)(ii) substituted: (E.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 (S.I. 2025/1162), regs. 1(1), 2(2)(b); (W.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025 (S.I. 2025/1169), regs. 1(2)(c), 2(2)(b)(ii); and (S.) (1.1.2026) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/335), regs. 1(1), 2(2)(c)

F9 Words in Art. 1(1)(b)(ii) substituted (E.) (17.1.2023) by virtue of The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022 (S.I. 2022/1193), regs. 1(1), 2(2)(b)(ii)

F10 Inserted by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020 amending Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2015/943 and Commission Implementing Decision 2014/88/EU (Text with EEA relevance).

F11 Words in Art. 1(1)(ba) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(a) (with regs. 33-36)

F12 Words in Art. 1(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(b) (with regs. 33-36)

F13 Substituted by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020 amending Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2015/943 and Commission Implementing Decision 2014/88/EU (Text with EEA relevance).

Article 2 U.K. Definitions

1. For the purposes of this Regulation, the following definitions shall apply:

(a) ‘consignment’ means ‘consignment’ as defined in Article 3(37) of Regulation (EU) 2017/625;

(b) ‘placing on the market’ means ‘placing on the market’ as defined in point (8) of Article 3 of Regulation (EC) No 178/2002.

[F14 (c) “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.]

2. However, for the purposes of Articles 7, 8, 9, 10 and 11 and of Annex IV, a ‘consignment’ means:

(a) a ‘lot’ as referred to in Annex I to Regulation (EC) No 401/2006 and in Annex I to Regulation (EC) No 152/2009, in relation to food and feed listed in Annex II due to contamination risk by mycotoxins, including aflatoxins;

(b) a ‘lot’ as referred to in the Annex to Directive 2002/63/EC, in relation to food and feed listed in Annex II due to contamination risk by pesticides and pentachlorophenol.

Textual Amendments

F14 Art. 2(1)(c) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(3) (with regs. 33-36)

[F15 Article 2A U.K. Definition of commodity code

For the purposes of this Regulation, ‘commodity code’ has the meaning given in the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018.]

Textual Amendments

F15 Art. 2A substituted: (E.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2025 (S.I. 2025/1162), regs. 1(1), 2(3); (with word “purpose” in place of “purposes”) (W.) (1.1.2026) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2025 (S.I. 2025/1169), regs. 1(2)(c), 2(3)(ii); and (with word “purpose” in place of “purposes”) (S.) (1.1.2026) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/335), regs. 1(1), 2(2)(c)

Article 3 U.K. Sampling and analyses

The sampling and the analyses to be carried out by competent authorities at border control posts or at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625, as part of physical checks on consignments of food and feed referred to in Article 1(1)(a) and (b), or in third countries for the purposes of the results of analyses which are required to accompany the consignments of food and feed referred to in Article 1(1)(b) as provided for in this Regulation shall be performed in accordance with the following requirements:

(a) for food listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 401/2006;

(b) for feed listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 152/2009;

(c) for food and feed listed in Annexes I and II due to possible non-compliance with the maximum allowed levels of pesticides residues the sampling shall be performed in accordance with [F16 the methods described in the Annex to] Directive 2002/63/EC;

(d) for guar gum listed in [F17 Annex I] due to possible contamination with pentachlorophenol and dioxins the sampling for the analysis of pentachlorophenol shall be performed in accordance with [F18 the methods described in the Annex to] Directive 2002/63/EC and the sampling and analyses for the control of dioxins in feed shall be performed in accordance with Regulation (EC) No 152/2009;

(e) for food listed in Annexes I and II due to the risk of presence of Salmonella, the sampling and the analyses for the control of Salmonella shall be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex III;

[F19 (ea) for food listed in Annex II due to the risk of presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex IIIa;]

[F20 (ea) for food listed in Annex 2 due to the risk of presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex 3a;]

[F21 (ea) for food listed in Annex II due to the presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex IIIa;]

(f) the methods of sampling and analyses referred to in the footnotes to Annexes I and II shall be applied in relation to hazards other than those referred to in points (a), (b), (c), (d) [F22 , (e) and (ea)].

Textual Amendments

F16 Words in Art. 3(c) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(5) (with regs. 33-36)

F17 Words in Art. 3(d) substituted: (E.) (18.12.2024) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) (No. 2) Regulations 2024 (S.I. 2024/1169), regs. 1(1), 2(3); (W.) (18.12.2024) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (No. 2) (Wales) Regulations 2024 (S.I. 2024/1214), regs. 1(2)(c), 2(3); and (S.) 18.12.2024) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) (No. 2) Regulations 2024 (S.S.I. 2024/324), regs. 1(1), 2(3)

F18 Words in Art. 3(d) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(5) (with regs. 33-36)

F19 Art. 3(ea) inserted (E.) (7.3.2024) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 (S.I. 2024/120), regs. 1(1), 2(2)(a)

F20 Art. 3(ea) inserted (W.) (7.3.2024) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2024 (S.I. 2024/119), regs. 1(2)(c), 2(2)(a)

F21 Art. 3(ea) inserted (S.) (7.3.2024) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024 (S.S.I. 2024/12), regs. 1(1), 2(2)(a)

F22 Words in Art. 3(f) substituted: (E.) (7.3.2024) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 (S.I. 2024/120), regs. 1(1), 2(2)(b); (W.) (7.3.2024) by The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2024 (S.I. 2024/119), regs. 1(2)(c), 2(2)(b); and (S.) (7.3.2024) by The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024 (S.S.I. 2024/12), regs. 1(1), 2(2)(b)

Article 4 U.K. Release for free circulation

The custom authorities shall only allow the release for free circulation of consignments of food and feed listed in Annexes I and II upon presentation of a duly finalised Common Health Entry Document (CHED) as provided for in Article 57(2)(b) of Regulation (EU) 2017/625, which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2) of that Regulation.