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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety1, and in particular Article 53(1)(b)(i) and (ii) thereof,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)2, and in particular point (b) of the first subparagraph of Article 47(2) and points (a) and (b) of the first subparagraph of Article 54(4) thereof,

Whereas:

(1)
Commission Implementing Regulation (EU) 2019/17933 lays down rules concerning the temporary increase of official controls at the entry into the Union on certain food and feed of non-animal origin from certain third countries listed in Annex I to that Regulation and special conditions governing the entry into the Union of certain food and feed from certain third countries due to the risk of contamination by aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination, listed in Annex II to that Regulation.
(2)

Certain categories of consignments of food and feed are excluded from the scope of application of Implementing Regulation (EU) 2019/1793 provided that their gross weight does not exceed 30 kg. Since hazards relate to the products themselves and not to their immediate containers or packaging, this weight limit should relate only to the products themselves. It is therefore appropriate to amend Article 1(3) of Implementing Regulation (EU) 2019/1793 to replace the reference to the gross weight therein by a reference to the net weight.

(3)

Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in its Annexes I and II are to be reviewed on a regular basis not exceeding a period of six months, in order to take into account new information related to risks and non-compliance.

(4)
The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed (‘RASFF’), as established by Regulation (EC) No 178/2002, information regarding official controls performed by Member States on food and feed of non-animal origin, as well as the biannual reports on consignments of food and feed of non-animal origin submitted by Member States to the Commission in 2019 in accordance with Article 15 of Commission Regulation (EC) No 669/20094, indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended.
(5)

In particular, for consignments of oranges, mandarins, clementines, wilkings and similar citrus hybrids from Turkey, the data resulting from notifications received through the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to possible pesticide residues contamination, requiring an increased level of official controls. In addition, for spice mixes from Pakistan, data resulting from notifications received through the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health due to possible aflatoxin contamination, which require an increased level of official controls. Entries concerning those consignments should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793.

(6)

Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States in accordance with Regulation (EC) No 669/2009 in the first semester of 2019, it is appropriate to increase the frequency of identity and physical checks to be performed on beans from Kenya and dried grapes and pomegranates from Turkey. Entries concerning those consignments in Annex I to Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.

(7)

Sesamum seeds from Sudan and Uganda are already subject to an increased level of official controls as regards the presence of Salmonella since July and January 2017, respectively. The official controls carried out on those foodstuffs by the Member States show an increase of the rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.

(8)

In order to protect human health in the Union, it is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to Sesamum seeds from Sudan and Uganda. In particular, all consignments of Sesamum seeds from Sudan and Uganda should be accompanied by an official certificate stating that all results of sampling and analysis show the absence of Salmonella in 25 g. The results of the sampling and analysis should be attached to that certificate. The entries concerning Sesamum seeds from Sudan and Uganda should therefore be deleted from Annex I to Implementing Regulation (EU) 2019/1793 and included in Annex II thereto.

(9)

In addition, peppers of the Capsicum species (other than sweet) from India and Pakistan are already subject to an increased level of official controls as regards the presence of pesticide residues since January 2018. That frequency rate was increased already in January 2019 from 10 % to 20 % due to a high degree of non-compliance with the relevant requirements provided for in Union legislation. The official controls carried out on these foodstuffs by the Member States show a persistent high rate of non-compliance for peppers of the Capsicum species (other than sweet) from India and an increase of the rate of non-compliance for peppers of the Capsicum species (other than sweet) from Pakistan since the increased level of official controls. Several RASFF notifications were transmitted concerning both commodities since the establishment of an increased level of official controls. Those results provide evidence that the entry of those foods into the Union constitutes a serious risk for human health.

(10)

In order to protect human health in the Union, it is therefore necessary in addition to the increased level of official controls, to provide for special conditions in relation to peppers of the Capsicum species (other than sweet) from India and Pakistan. In particular, all consignments of peppers (other than sweet) from India and Pakistan should be accompanied by an official certificate stating that the products have been sampled and analysed for pesticide residues and all results show that the relevant maximum residue levels of pesticides have not been exceeded. The results of the sampling and analysis should be attached to that certificate. The entries concerning peppers of the Capsicum species (other than sweet) from India and Pakistan should therefore be deleted from Annex I to Implementing Regulation (EU) 2019/1793 and included in Annex II thereto.

(11)

For curry leaves from India, the frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States has decreased. It is therefore appropriate to delete from Annex II to Implementing Regulation (EU) 2019/1793 and include in Annex I to that Regulation the entry concerning curry leaves from India. It is appropriate to increase the frequency of identity and physical checks to be performed on this commodity, given that the requirements concerning official certification and sampling and analysis for pesticide residues in the third country will be discontinued for this commodity.

(12)

For raspberries from Serbia, dried apricots and apricots, otherwise prepared or preserved from Turkey and lemons from Turkey, 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 Annex I to Implementing Regulation (EU) 2019/1793 concerning those commodities should therefore be deleted.

(13)
The Combined Nomenclature code indicated for Sesamum seeds in Annexes I and II to Implementing Regulation (EU) 2019/1793 includes raw and processed Sesamum seeds. It is appropriate from a risk management perspective to cover both raw and processed Sesamum seeds in Annexes I and II to Implementing Regulation (EU) 2019/1793, as in particular in the case of the countries of origin mentioned in Annexes I and II to Implementing Regulation (EU) 2019/1793, raw or processed Sesamum seeds present the same risks. All the product descriptions in Annexes I and II to Implementing Regulation (EU) 2019/1793 concerning Sesamum seeds should therefore be amended to cover both raw and processed Sesamum seeds. Additionally, in order to better align with the product description for that Combined Nomenclature code in Council Regulation (EEC) No 2658/875, these products should be referred to in Annexes I and II to Implementing Regulation (EU) 2019/1793 as ‘Sesamum seeds’ only, and not as ‘Sesame seeds (Sesamum seeds)’.
(14)

Groundnut flours and meals present the same risk as the forms of that food and feed currently listed in Annexes I and II to Implementing Regulation (EU) 2019/1793. All entries in Annexes I and II to Implementing Regulation (EU) 2019/1793 concerning groundnuts should therefore be amended to include groundnut flours and meals.

(15)

Similarly, oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil present the same risk as the forms of that commodity currently listed in Annexes I and II to Implementing Regulation (EU) 2019/1793. Certain entries in Annex I to Implementing Regulation (EU) 2019/1793 concerning groundnuts do not include groundnuts in the aforementioned form. It is therefore appropriate to amend all the entries concerning groundnuts in Annex I to Implementing Regulation (EU) 2019/1793 to include oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil.

(16)

The Combined Nomenclature codes indicated for peppers of the Capsicum species (sweet or other than sweet) from Sri Lanka and India respectively and for apricots, otherwise prepared or preserved from Uzbekistan should be modified in Implementing Regulation (EU) 2019/1793, in order to ensure consistency with the description for these commodities in Annexes I and II to that Regulation.

(17)

In order to ensure consistency and clarity, it is appropriate to replace Annex I and Annex II to Implementing Regulation (EU) 2019/1793 in their entirety.

(18)
Commission Implementing Decision 2014/88/EU6 prohibits the importation into the Union of foodstuffs containing or consisting of betel leaves originating in or consigned from Bangladesh. It was adopted following a high number of notifications issued in the RASFF due to the presence of a wide range of Salmonella strains, including Salmonella Typhimurium, found in foodstuffs containing or consisting of betel leaves (‘Piper betle’, commonly known as ‘Paan leaf’ or ‘Betel quid’) from Bangladesh.
(19)

Bangladesh has not submitted a satisfactory action plan. Therefore, it cannot be concluded that the guarantees provided by Bangladesh are sufficient to address the serious risks to human health previously identified. The emergency measures established by Implementing Decision 2014/88/EU should therefore remain in place.

(20)
Commission Implementing Regulation (EU) 2015/9437 suspends the import into the Union of dried beans under CN codes 0713 39 00, 0713 35 00 and 0713 90 00 originating from Nigeria, due to continued presence of dichlorvos. Commission Implementing Regulation (EU) 2019/12568 extended the date of application of Implementing Regulation (EU) 2015/943 until 30 June 2022, to allow Nigeria to implement the appropriate risk management measures and provide the required guarantees.
(21)

The rules laid down in Implementing Regulation (EU) 2019/1793, in Implementing Decision 2014/88/EU and in Implementing Regulation (EU) 2015/943 are substantively linked, as they all concern the imposition of additional measures governing the entry into the Union of certain food and feed from certain third countries due to an identified risk and which apply depending on the gravity of the risk. It is therefore appropriate to facilitate the correct and comprehensive application of the relevant rules by establishing in a single act the provisions concerning the temporary increase of official controls on certain food and feed of non-animal origin and the respective emergency measures. Implementing Decision 2014/88/EU and Implementing Regulation (EU) 2015/943 should therefore be repealed and their provisions transferred to Implementing Regulation (EU) 2019/1793, and the latter be amended accordingly.

(22)

In the interest of legal certainty, it is appropriate to provide that Member States may authorise the entry into the Union of consignments of Sesamum seeds from Sudan and Uganda and of peppers of the Capsicum species (other than sweet) from India and Pakistan which are not accompanied by an official certificate and the results of sampling and analysis if they left their country of origin or the country of dispatch if that country is different from the country of origin, before the date of entry into force of this Regulation.

(23)

Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.

(24)

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 1Amendments to Implementing Regulation (EU) 2019/1793

Implementing Regulation (EU) 2019/1793 is amended as follows:

  1. (1)

    Article 1 is amended as follows:

    1. (a)

      in paragraph 1, the following point (ba) is inserted:

      1. ‘(ba)

        suspension of the entry into the Union of the food and feed listed in Annex IIa;’;

    2. (b)

      paragraph 3 is replaced by the following:

      ‘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.’;

  2. (2)

    the heading of Section 3 is replaced by the following:

    ‘SPECIAL CONDITIONS GOVERNING THE ENTRY INTO THE UNION AND SUSPENSION OF ENTRY INTO THE UNION OF CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES’;

  3. (3)

    the following Article 11a is inserted:

    ‘Article 11aSuspension of entry into the Union

    1.

    Member States shall prohibit the entry into the Union of the food and feed listed in Annex IIa.

    2.

    Paragraph 1 shall apply to food and feed intended for placing on the Union market, and to food and feed intended for private use or consumption within the custom territory of the Union.’;

  4. (4)

    Annexes I and II are amended in accordance with the Annex to this Regulation;

  5. (5)

    an Annex IIa is inserted in accordance with the Annex to this Regulation.

Article 2Repeals

1.

Implementing Regulation (EU) 2015/943 and Implementing Decision 2014/88/EU are repealed.

2.

References to the repealed acts shall be construed as references to Implementing Regulation (EU) 2019/1793.

F1Article 3Transitional measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4Entry into force

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

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

Done at Brussels, 6 May 2020.

For the Commission

The President

Ursula von der Leyen

ANNEX

1.Annexes I and II to Implementing Regulation (EU) 2019/1793 are amended as follows:

  1. (1)

    Annex I is replaced by the following:

    ‘ANNEX IFood and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points

    Food and feed (intended use)

    CN code9

    TARIC sub-division

    Country of origin

    Hazard

    Frequency of identity and physical checks (%)

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Bolivia (BO)

    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

    • Groundnut flours and meals

    • ex 1208 90 00

    20

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    (Food and feed)

    • 2305 00 00

    • Black pepper (Piper)

    (Food – neither crushed nor ground)

    ex 0904 11 00

    10

    Brazil (BR)

    Salmonella10

    20

    Goji berries (wolfberries) (Lycium barbarum L.)

    (Food – fresh, chilled or dried)

    ex 0813 40 95;

    10

    China (CN)

    Pesticide residues 111213

    20

    ex 0810 90 75

    10

    Sweet peppers (Capsicum annuum)

    (Food – crushed or ground)

    ex 0904 22 00

    11

    China (CN)

    Salmonella14

    20

    Tea, whether or not flavoured

    (Food)

    0902

    China (CN)

    Pesticide residues 1115

    20

    Aubergines (Solanum melongena)

    (Food – fresh or chilled)

    0709 30 00

    Dominican Republic (DO)

    Pesticide residues11

    20

    • Sweet peppers (Capsicum annuum)

    • 0709 60 10;

      0710 80 51

    Dominican Republic (DO)

    Pesticide residues 1116

    50

    • Peppers of the Capsicum species (other than sweet)

    • ex 0709 60 99;

    20

    ex 0710 80 59

    20

    • Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)

    (Food – fresh, chilled or frozen)

    • ex 0708 20 00;

    10

    ex 0710 22 00

    10

    • Sweet peppers (Capsicum annuum)

    • 0709 60 10;

      0710 80 51

    Egypt (EG)

    Pesticide residues 1117

    20

    • Peppers of the Capsicum species (other than sweet)

    (Food – fresh, chilled or frozen)

    • ex 0709 60 99;

    20

    ex 0710 80 59

    20

    Sesamum seeds

    (Food)

    1207 40 90

    Ethiopia (ET)

    Salmonella10

    50

    • Hazelnuts, in shell

    • 0802 21 00

    Georgia (GE)

    Aflatoxins

    50

    • Hazelnuts, shelled

    • 0802 22 00

    • Flour, meal and powder of hazelnuts

    • ex 1106 30 90

    40

    • Hazelnuts, otherwise prepared or preserved

    (Food)

    • ex 2008 19 19;

    30

    ex 2008 19 95;

    20

    ex 2008 19 99

    30

    Palm oil

    (Food)

    1511 10 90;

    Ghana (GH)

    Sudan dyes18

    50

    1511 90 11;

    ex 1511 90 19;

    90

    1511 90 99

    Curry leaves (Bergera/Murraya koenigii)

    (Food – fresh, chilled, frozen or dried)

    ex 1211 90 86

    10

    India (IN)

    Pesticide residues 1119

    50

    Okra

    (Food – fresh, chilled or frozen)

    ex 0709 99 90;

    20

    India (IN)

    Pesticide residues 1120

    10

    ex 0710 80 95

    30

    Beans (Vigna spp., Phaseolus spp.)

    (Food – fresh or chilled)

    0708 20

    Kenya (KE)

    Pesticide residues11

    10

    Chinese celery (Apium graveolens)

    (Food – fresh or chilled herb)

    ex 0709 40 00

    20

    Cambodia (KH)

    Pesticide residues 1121

    50

    Yardlong beans

    (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)

    (Food – fresh, chilled or frozen vegetables)

    ex 0708 20 00;

    10

    Cambodia (KH)

    Pesticide residues 1122

    50

    ex 0710 22 00

    10

    Turnips (Brassica rapa ssp. rapa)

    (Food – prepared or preserved by vinegar or acetic acid)

    ex 2001 90 97

    11; 19

    Lebanon (LB)

    Rhodamine B

    50

    Turnips (Brassica rapa ssp. rapa)

    (Food – prepared or preserved by brine or citric acid, not frozen)

    ex 2005 99 80

    93

    Lebanon (LB)

    Rhodamine B

    50

    Peppers of the Capsicum species (sweet or other than sweet)

    (Food – dried, roasted, crushed or ground)

    0904 21 10;

    Sri Lanka (LK)

    Aflatoxins

    50

    ex 0904 21 90;

    20

    ex 0904 22 00;

    11; 19

    ex 2005 99 10;

    10; 90

    ex 2005 99 80

    94

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Madagascar (MG)

    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

    • Groundnut flours and meals

    • ex 1208 90 00

    20

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    (Food and feed)

    • 2305 00 00

    Jackfruit (Artocarpus heterophyllus)

    (Food – fresh)

    ex 0810 90 20

    20

    Malaysia (MY)

    Pesticide residues11

    20

    Sesamum seeds

    (Food)

    1207 40 90

    Nigeria (NG)

    Salmonella10

    50

    Spice mixes

    (Food)

    0910 91 10;

    0910 91 90

    Pakistan (PK)

    Aflatoxins

    50

    Watermelon (Egusi, Citrullus spp.) seeds and derived products

    (Food)

    ex 1207 70 00;

    10

    Sierra Leone (SL)

    Aflatoxins

    50

    ex 1208 90 00;

    10

    ex 2008 99 99

    50

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Senegal (SN)

    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

    • Groundnut flours and meals

    • ex 1208 90 00

    20

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    (Food and feed)

    • 2305 00 00

    Turnips (Brassica rapa ssp. rapa)

    (Food – prepared or preserved by vinegar or acetic acid)

    ex 2001 90 97

    11; 19

    Syria (SY)

    Rhodamine B

    50

    Turnips (Brassica rapa ssp. rapa)

    (Food – prepared or preserved by brine or citric acid, not frozen)

    ex 2005 99 80

    93

    Syria (SY)

    Rhodamine B

    50

    Peppers of the Capsicum species (other than sweet)

    (Food – fresh, chilled or frozen)

    ex 0709 60 99;

    20

    Thailand (TH)

    Pesticide residues 1123

    10

    ex 0710 80 59

    20

    Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)

    (Food)

    0806 20

    Turkey (TR)

    Ochratoxin A

    10

    Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids

    (Food – fresh or dried)

    0805 21;

    0805 22;

    0805 29

    Turkey (TR)

    Pesticide residues11

    5

    Oranges

    (Food – fresh or dried)

    0805 10

    Turkey (TR)

    Pesticide residues11

    10

    Pomegranates

    (Food – fresh or chilled)

    ex 0810 90 75

    30

    Turkey (TR)

    Pesticide residues 1124

    20

    Sweet Peppers (Capsicum annuum)

    (Food – fresh, chilled or frozen)

    0709 60 10;

    0710 80 51

    Turkey (TR)

    Pesticide residues 1125

    10

    Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer26 27

    (Food)

    ex 1212 99 95

    20

    Turkey (TR)

    Cyanide

    50

    Peppers of the Capsicum species (other than sweet)

    (Food – fresh, chilled or frozen)

    ex 0709 60 99;

    20

    Uganda (UG)

    Pesticide residues11

    20

    ex 0710 80 59

    20

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    United States (US)

    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

    • Groundnut flours and meals

    • ex 1208 90 00

    20

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    (Food and feed)

    • 2305 00 00

    • Pistachios, in shell

    • 0802 51 00

    United States (US)

    Aflatoxins

    10

    • Pistachios, shelled

    • 0802 52 00

    • Pistachios, roasted

    (Food)

    • ex 2008 19 13;

    20

    ex 2008 19 93

    20

    • Dried apricots

    • 0813 10 00

    Uzbekistan (UZ)

    Sulphites28

    50

    • Apricots, otherwise prepared or preserved

    (Food)

    • 2008 50

    • Coriander leaves

    • ex 0709 99 90

    72

    Vietnam (VN)

    Pesticide residues 1129

    50

    • 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

    (Food – fresh, chilled or frozen)

    ex 0709 99 90;

    20

    Vietnam (VN)

    Pesticide residues 1129

    50

    ex 0710 80 95

    30

    Peppers of the Capsicum species (other than sweet)

    (Food – fresh, chilled or frozen)

    ex 0709 60 99;

    20

    Vietnam (VN)

    Pesticide residues 1129

    50

    ex 0710 80 59

    20’

    9

    Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

    10

    The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation.

    11

    Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

    12

    Residues of Amitraz.

    13

    Residues of Nicotine.

    14

    The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation.

    15

    Residues of Tolfenpyrad.

    16

    Residues of Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p’ and o,p’ isomers) and Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram).

    17

    Residues of Dicofol (sum of p, p’ and o,p’ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.

    18

    For the purposes of this Annex, “Sudan dyes” refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).

    19

    Residues of acephate.

    20

    Residues of Diafenthiuron.

    21

    Residues of Phenthoate.

    22

    Residues of Chlorbufam.

    23

    Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

    24

    Residues of Prochloraz.

    25

    Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

    26

    “Unprocessed products” as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

    27

    “Placing on the market” and “final consumer” as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

    28

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

    29

    Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.;

  2. (2)

    Annex II is replaced by the following:

    ‘ANNEX IIFood and feed from certain third countries subject to special conditions for the entry into the Union due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination

    1.Food and feed of non-animal origin referred to in Article 1(1)(b)(i)

    Food and feed (intended use)

    CN code30

    TARIC sub-division

    Country of origin

    Hazard

    Frequency of identity and physical checks (%)

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Argentina (AR)

    Aflatoxins

    5

    • 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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    (Food and feed)

    • ex 1208 90 00

    20

    • Hazelnuts (Corylus sp.) in shell

    • 0802 21 00

    Azerbaijan (AZ)

    Aflatoxins

    20

    • Hazelnuts (Corylus sp.) shelled

    • 0802 22 00

    • Mixtures of nuts or dried fruits containing hazelnuts

    • ex 0813 50 39;

      ex 0813 50 91;

      ex 0813 50 99

    70

    70

    70

    • Hazelnut paste

    • ex 2007 10 10;

      ex 2007 10 99;

      ex 2007 99 39;

      ex 2007 99 50;

      ex 2007 99 97

    70

    40

    05; 06

    33

    23

    • Hazelnuts, otherwise prepared or preserved, including mixtures

    • ex 2008 19 12;

      ex 2008 19 19;

      ex 2008 19 92;

      ex 2008 19 95;

      ex 2008 19 99;

      ex 2008 97 12;

      ex 2008 97 14;

      ex 2008 97 16;

      ex 2008 97 18;

      ex 2008 97 32;

      ex 2008 97 34;

      ex 2008 97 36;

      ex 2008 97 38;

      ex 2008 97 51;

      ex 2008 97 59;

      ex 2008 97 72;

      ex 2008 97 74;

      ex 2008 97 76;

      ex 2008 97 78;

      ex 2008 97 92;

      ex 2008 97 93;

      ex 2008 97 94;

      ex 2008 97 96;

      ex 2008 97 97;

      ex 2008 97 98

    30

    30

    30

    20

    30

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    • Flour, meal and powder of hazelnuts

    • ex 1106 30 90

    40

    • Hazelnut oil

    (Food)

    • ex 1515 90 99

    20

    • Brazil nuts in shell

    • 0801 21 00

    Brazil (BR)

    Aflatoxins

    50

    • Mixtures of nuts or dried fruits containing Brazil nuts in shell.

    (Food)

    • ex 0813 50 31;

      ex 0813 50 39;

      ex 0813 50 91;

      ex 0813 50 99

    20

    20

    20

    20

    • 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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    (Food and feed)

    • ex 1208 90 00

    20

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    China (CN)

    Aflatoxins

    20

    • 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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    ( Food and feed )

    • ex 1208 90 00

    20

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Egypt (EG)

    Aflatoxins

    20

    • 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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    ( Food and feed )

    • ex 1208 90 00

    20

    • Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta

    • 0904

    Ethiopia (ET)

    Aflatoxins

    50

    • Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

    (Food – dried spices)

    • 0910

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Ghana (GH)

    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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    (Food and feed)

    • ex 1208 90 00

    20

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    Gambia (GM)

    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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    (Food and feed)

    • ex 1208 90 00

    20

    Nutmeg (Myristica fragrans)

    (Food – dried spices)

    0908 11 00;

    0908 12 00

    Indonesia (ID)

    Aflatoxins

    20

    Betel leaves (Piper betle L.)

    (Food)

    ex 1404 90 00

    10

    India (IN)

    Salmonella31

    10

    Peppers of the Capsicum species (sweet or other than sweet)

    (Food – dried, roasted, crushed or ground)

    0904 21 10;

    India (IN)

    Aflatoxins

    20

    ex 0904 22 00;

    11; 19

    ex 0904 21 90;

    20

    ex 2005 99 10;

    10; 90

    ex 2005 99 80

    94

    Nutmeg (Myristica fragrans)

    (Food – dried spices)

    • 0908 11 00;

      0908 12 00

    India (IN)

    Aflatoxins

    20

    • Groundnuts (peanuts), in shell

    • 1202 41 00

    India (IN)

    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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    (Food and feed)

    • ex 1208 90 00

    20

    Guar gum

    (Food and feed)

    ex 1302 32 90

    10

    India (IN)

    Pentachlorophenol and dioxins32

    5

    Peppers of the Capsicum species (other than sweet)

    (Food – fresh, chilled or frozen)

    ex 0709 60 99;

    ex 0710 80 59

    20

    20

    India (IN)

    Pesticide residues 3334

    10

    Sesamum seeds

    (Food)

    1207 40 90

    India (IN)

    Salmonella35

    20

    • Pistachios, in shell

    • 0802 51 00

    Iran (IR)

    Aflatoxins

    50

    • Pistachios, shelled

    • 0802 52 00

    • Mixtures of nuts or dried fruits containing pistachios

    • ex 0813 50 39;

      ex 0813 50 91;

      ex 0813 50 99

    60

    60

    60

    • Pistachio paste

    • ex 2007 10 10;

      ex 2007 10 99;

      ex 2007 99 39;

      ex 2007 99 50;

      ex 2007 99 97

    60

    30

    03; 04

    32

    22

    • Pistachios, prepared or preserved, including mixtures

    • ex 2008 19 13;

      ex 2008 19 93;

      ex 2008 97 12;

      ex 2008 97 14;

      ex 2008 97 16;

      ex 2008 97 18;

      ex 2008 97 32;

      ex 2008 97 34;

      ex 2008 97 36;

      ex 2008 97 38;

      ex 2008 97 51;

      ex 2008 97 59;

      ex 2008 97 72;

      ex 2008 97 74;

      ex 2008 97 76;

      ex 2008 97 78;

      ex 2008 97 92;

      ex 2008 97 93;

      ex 2008 97 94;

      ex 2008 97 96;

      ex 2008 97 97;

      ex 2008 97 98

    20

    20

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    • Flour, meal and powder of pistachios

    (Food)

    • ex 1106 30 90

    50

    Watermelon (Egusi, Citrullus spp.) seeds and derived products

    (Food)

    ex 1207 70 00;

    ex 1208 90 00;

    ex 2008 99 99

    10

    10

    50

    Nigeria (NG)

    Aflatoxins

    50

    Peppers of the Capsicum species (other than sweet)

    (Food – fresh, chilled or frozen)

    ex 0709 60 99;

    ex 0710 80 59

    20

    20

    Pakistan (PK)

    Pesticide residues 33

    20

    • 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

    • Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

    • 2305 00 00

    • Groundnut flours and meals

    (Food and feed)

    • ex 1208 90 00

    20

    Sesamum seeds

    (Food)

    1207 40 90

    Sudan (SD)

    Salmonella35

    20

    • Dried figs

    • 0804 20 90

    Turkey (TR)

    Aflatoxins

    20

    • Mixtures of nuts or dried fruits containing figs

    • ex 0813 50 99

    50

    • Dried fig paste

    • ex 2007 10 10;

      ex 2007 10 99;

      ex 2007 99 39;

      ex 2007 99 50;

      ex 2007 99 97

    50

    20

    01; 02

    31

    21

    • Dried figs, prepared or preserved, including mixtures

    • ex 2008 97 12;

      ex 2008 97 14;

      ex 2008 97 16;

      ex 2008 97 18;

      ex 2008 97 32;

      ex 2008 97 34;

      ex 2008 97 36;

      ex 2008 97 38;

      ex 2008 97 51;

      ex 2008 97 59;

      ex 2008 97 72;

      ex 2008 97 74;

      ex 2008 97 76;

      ex 2008 97 78;

      ex 2008 97 92;

      ex 2008 97 93;

      ex 2008 97 94;

      ex 2008 97 96;

      ex 2008 97 97;

      ex 2008 97 98;

      ex 2008 99 28

      ex 2008 99 34;

      ex 2008 99 37;

      ex 2008 99 40;

      ex 2008 99 49;

      ex 2008 99 67;

      ex 2008 99 99

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    11

    10

    10

    10

    10

    60

    95

    60

    • Flour, meal or powder of dried figs

    (Food)

    • ex 1106 30 90

    60

    • Hazelnuts (Corylus sp.) in shell

    • 0802 21 00

    Turkey (TR)

    Aflatoxins

    5

    • Hazelnuts (Corylus sp.) shelled

    • 0802 22 00

    • Mixtures of nuts or dried fruits containing hazelnuts

    • ex 0813 50 39;

      ex 0813 50 91;

      ex 0813 50 99

    70

    70

    70

    • Hazelnut paste

    • ex 2007 10 10;

      ex 2007 10 99;

      ex 2007 99 39;

      ex 2007 99 50;

      ex 2007 99 97

    70

    40

    05; 06

    33

    23

    • Hazelnuts, otherwise prepared or preserved, including mixtures

    • ex 2008 19 12;

      ex 2008 19 19;

      ex 2008 19 92;

      ex 2008 19 95;

      ex 2008 19 99;

      ex 2008 97 12;

      ex 2008 97 14;

      ex 2008 97 16;

      ex 2008 97 18;

      ex 2008 97 32;

      ex 2008 97 34;

      ex 2008 97 36;

      ex 2008 97 38;

      ex 2008 97 51;

      ex 2008 97 59;

      ex 2008 97 72;

      ex 2008 97 74;

      ex 2008 97 76;

      ex 2008 97 78;

      ex 2008 97 92;

      ex 2008 97 93;

      ex 2008 97 94;

      ex 2008 97 96;

      ex 2008 97 97;

      ex 2008 97 98

    30

    30

    30

    20

    30

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    15

    • Flour, meal and powder of hazelnuts

    • ex 1106 30 90

    40

    • Hazelnut oil

    (Food)

    • ex 1515 90 99

    20

    • Pistachios, in shell

    • 0802 51 00

    Turkey (TR)

    Aflatoxins

    50

    • Pistachios, shelled

    • 0802 52 00

    • Mixtures of nuts or dried fruits containing pistachios

    • ex 0813 50 39;

      ex 0813 50 91;

      ex 0813 50 99

    60

    60

    60

    • Pistachio paste

    • ex 2007 10 10;

      ex 2007 10 99

    60

    30

    • Pistachios, prepared or preserved, including mixtures

    • ex 2007 99 39;

      ex 2007 99 50;

      ex 2007 99 97;

      ex 2008 19 13;

      ex 2008 19 93;

      ex 2008 97 12;

      ex 2008 97 14;

      ex 2008 97 16;

      ex 2008 97 18;

      ex 2008 97 32;

      ex 2008 97 34;

      ex 2008 97 36;

      ex 2008 97 38;

      ex 2008 97 51;

      ex 2008 97 59;

      ex 2008 97 72;

      ex 2008 97 74;

      ex 2008 97 76;

      ex 2008 97 78;

      ex 2008 97 92;

      ex 2008 97 93;

      ex 2008 97 94;

      ex 2008 97 96;

      ex 2008 97 97;

      ex 2008 97 98

    03; 04

    32

    22

    20

    20

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    19

    • Flour, meal and powder of pistachios

    (Food)

    • ex 1106 30 90

    50

    Vine leaves

    (Food)

    ex 2008 99 99

    11; 19

    Turkey (TR)

    Pesticide residues 3336

    20

    Sesamum seeds

    (Food)

    1207 40 90

    Uganda (UG)

    Salmonella35

    20

    Pitahaya (dragon fruit)

    (Food – fresh or chilled)

    ex 0810 90 20

    10

    Vietnam (VN)

    Pesticide residues 3337

    10

    30

    Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

    31

    The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation.

    32

    The analytical report referred to in Article 10(3) of this Regulation shall be issued by a laboratory accredited in accordance with EN ISO/IEC 17025 for the analysis of PCP in food and feed.

    The analytical report shall indicate:

    1. a)

      the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin;

    2. b)

      the measurement uncertainty of the analytical result;

    3. c)

      the limit of detection (LOD) of the analytical method; and

    4. d)

      the limit of quantification (LOQ) of the analytical method.

    The extraction before analysis shall be performed with an acidified solvent. The analysis shall be carried out according to the modified version of the QuEChERS method as set out on the website of the European Union Reference Laboratories for Residues of Pesticides or according to an equally reliable method

    33

    Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

    34

    Residues of Carbofuran.

    35

    The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation.

    36

    Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and metrafenone.

    37

    Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

    2.Compound food referred to in Article 1(1)(b)(ii)

    Compound food containing any of the individual products listed in table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of products listed

    CN Code38
    Description39

    ex 1704 90

    Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated

    ex 1806

    Chocolate and other food preparations containing cocoa

    ex 1905

    Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products’

    38

    Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

    39

    The description of the goods is as laid down in the description column of the CN in Annex I to Regulation (EEC) No 2658/87. For further explanation of the exact coverage of the Common Customs Tariff, please refer to the latest amendment to that Annex.

2.The following Annex IIa is inserted in Implementing Regulation (EU) 2019/1793:

‘ANNEX IIaFood and feed from certain third countries subject to suspension of entry into the Union referred to in Article 11a

Food and feed (intended use)

CN code40

TARIC sub-division

Country of origin

Hazard

  • Foodstuffs containing or consisting of betel leaves (“Piper betle”)

(Food)

  • 1404 90 0041
Bangladesh (BD)42

Salmonella

  • Foodstuffs consisting of dried beans

(Food)

  • 0713 35 00

  • 0713 39 00

  • 0713 90 00

Nigeria (NG)

Pesticide residues’

40

Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

41

Foodstuffs containing or consisting of betel leaves (“Piper betle”) including, but not limited to, those declared under CN code 1404 90 00.

42

Country of origin and/or country of dispatch.