Annexes I and II to Regulation (EC) No 669/2009 are replaced by the text set out in the Annex to this Regulation.
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
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
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:
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.
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.
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.
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.
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.
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.
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.
In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Regulation (EC) No 669/2009.
Regulation (EC) No 669/2009 should therefore be amended accordingly.
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:
Article 1
Article 2
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
ANNEX
‘ANNEX I
Feed 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 code(1)
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”)(2)
(Food - fresh or chilled)
ex07049090
40
China (CN)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(3)
20
Pomelos
(Food - fresh)
ex08054000
31; 39
China (CN)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(4)
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 methods(5)
10
— Aubergines
— 0709 30 00;
ex07108095
72
Dominican Republic (DO)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(6)
10
— Bitter melon (Momordica charantia)
(Food - fresh, chilled or frozen vegetables)
— ex07099990;
ex07108095
70
70
— Yardlong beans
(Vigna unguiculata spp. sesquipedalis)
— ex07082000;
ex07102200
10
10
Dominican Republic (DO)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(6)
20
— Peppers (sweet and other than sweet) (Capsicum spp.)
— 0709 60 10;
ex07096099
20
(Food - fresh, chilled or frozen vegetables)
— 0710 80 51;
ex07108059
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 methods(7)
10
— Strawberries (fresh)
(Food)
— 0810 10 00
Peppers (sweet and other than sweet) (Capsicum spp.)
0709 60 10;
ex07096099;
20
Egypt (EG)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(8)
10
(Food - fresh, chilled or frozen)
0710 80 51;
ex07108059
20
Betel leaves (Piper betle L.)
(Food)
ex14049000
10
India (IN)
Salmonella(9)
10
— Capsicum annuum, whole
— 0904 21 10
India (IN)
Aflatoxins
10
— Capsicum annuum, crushed or ground
— ex09042200
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)
— ex07081000
40
Kenya (KE)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(10)
10
— Beans with pods (unshelled)
(Food - fresh or chilled)
— ex07082000
40
Mint
(Food - fresh or chilled herb)
ex12119086
30
Morocco (MA)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(11)
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 methods(12)
50
Watermelon (Egusi, Citrullus lanatus) seeds and derived products
(Food)
ex12077000;
ex11063090;
ex20089999
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)
ex07096099
20
Thailand (TH)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(13)
10
Betel leaves (Piper betle L.)
(Food)
ex14049000
10
Thailand (TH)
Salmonella(9)
10
— Coriander leaves
— ex07099990
72
Thailand (TH)
Salmonella(9)
10
— Basil (holy, sweet)
— ex12119086
20
— Mint
(Food - fresh or chilled herbs)
— ex12119086
30
— Coriander leaves
— ex07099990
72
Thailand (TH)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(14)
10
— Basil (holy, sweet)
(Food - fresh or chilled herbs)
— ex12119086
20
— Yardlong beans
(Vigna unguiculata spp. sesquipedalis)
— ex07082000;
ex07102200
10
10
Thailand (TH)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(14)
20
— Aubergines
(Food - fresh, chilled or frozen vegetables)
— 0709 30 00;
ex07108095
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 methods(15)
10
Vine leaves
(Food)
ex20089999
11; 19
Turkey (TR)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(16)
10
Dried grapes (vine fruit)
(Food)
0806 20
Uzbekistan (UZ)
Ochratoxin A
50
— Coriander leaves
— ex07099990
72
Viet Nam (VN)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(17)
20
— Basil (holy, sweet)
— ex12119086
20
— Mint
— ex12119086
30
— Parsley
(Food - fresh or chilled herbs)
— ex07099990
40
— Okra
— ex07099990
20
Viet Nam (VN)
Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(17)
20
— Peppers (other than sweet) (Capsicum spp.)
(Food - fresh or chilled)
— ex07096099
20
’ ANNEX II
COMMON ENTRY DOCUMENT (CED)
Notes for guidance for the CED
General: Complete the common entry document in capital letters. Notes are shown against the relevant box number.
Part I This Part is to be completed by the feed and food business operator or their representative, unless otherwise indicated.
Box I.1. Consignor: name and full address of the natural or legal person (feed and food business operator) dispatching the consignment. Information concerning telephone and fax numbers or an e-mail address is recommended.
Box I.2. Information related to the CED reference number shall be provided by the competent authority of the designated point of entry (DPE). The feed and food business operator shall indicate the designated point of entry to which the consignment shall arrive.
Box I.3. Consignee: name and full address of the natural or legal person (feed and food business operator) to whom the consignment is destined. Information on telephone and fax numbers or an e-mail address is recommended.
Box I.4. The person responsible for the consignment: the person (feed and food business operator or their representative or the person making the declaration on their behalf) who is in charge of the consignment when it is presented at the DPE and who makes the necessary declarations to the competent authority at the DPE on behalf of the importer. Insert the name and full address. Information on telephone and fax numbers or an e- mail address is recommended.
Box I.5. Country of origin: this refers to the third country where the commodity is originating from, grown, harvested or produced.
Box I.6. Country from where consigned: this refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union.
Box I.7. Importer: name and full address. Information on telephone and fax numbers or an e-mail address is recommended.
Box I.8. Place of destination: delivery address in the Union. Information on telephone and fax numbers or an e-mail address is recommended.
Box I.9. Arrival at DPE: insert the estimated date on which the consignment is expected to arrive at the DPE.
Box I.10. Documents: insert the date of issue and the number of official documents accompanying the consignment, as appropriate.
Box I.11. Give full details of the means of arrival transport: for aircrafts the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railway vehicles the train identity and wagon number.
Documentary references: number of airway bill, bill of lading or commercial number for railway or road vehicle.
Box I.12. Description of the commodity: provide a detailed description of the commodity (including for feed the type of feed).
Box I.13. Commodity code: use the code identifying the commodity as listed in Annex I (including the TARIC sub-division, if applicable).
Box I.14. Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.
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.
Box I.15. Number of packages.
Box I.16. Temperature: tick the appropriate mode of transport/storage temperature.
Box I.17. Type of packages: identify the type of packaging of products.
Box I.18. Commodity intended for: tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick “human consumption”) or is intended for human consumption after such treatment (tick “further process” in this case), or is intended for use as “feedingstuff” (in this case tick “feedingstuffs”).
Box I.19. Give all seal and container identification numbers where relevant.
Box I.20. Transfer to a control point: During the transitional period provided for in Article 19(1), the DPE shall tick this box to allow transfer to another control point.
Box I.21. Not applicable.
Box I.22. For import: this box is to be ticked where the consignment is intended for importation into the Union (Article 8).
Box I.23. Not applicable.
Box I.24. Tick the appropriate means of transport.
Part II This Part is to be completed by the competent authority.
Box II.1. Use the same reference number as in Box I.2.
Box II.2. For use by customs services, if necessary.
Box II.3. Documentary check: to be completed for all consignments.
Box II.4. The competent authority of the DPE shall indicate whether the consignment is selected for physical checks, which during the transitional period provided for in Article 19(1) may be carried out at a different control point.
Box II.5. The competent authority of the DPE shall indicate, during the transitional period provided for in Article 19(1), following a satisfactory documentary check, to which control point the consignment may be transported in order for identity and physical checks to be carried out.
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.
Box II.6. Indicate clearly the action to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the documentary checks. The address of the establishment of destination in case of “Re-dispatching”, “Destruction”, “Transformation” and “Use for other purpose” must be entered in Box II.7.
Box II.7. Give as appropriate approval number and address (or ship name and port) for all destinations where further control of the consignment is required, for example for Box II.6, “Re- dispatching”, “Destruction”, “Transformation” or “Use for other purpose”.
Box II.8. Put the official stamp of the competent authority of the DPE here.
Box II.9. Signature of the responsible official of the competent authority of the DPE.
Box II.10. Not applicable.
Box II.11. The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the identity checks here.
Box II.12. The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the physical checks here.
Box II.13. The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the laboratory test here. Complete this box with the category of substance or pathogen for which a laboratory test has been carried out.
Box II.14. This box is to be used for all consignments to be released for free circulation within the Union.
Box II.15. Not applicable.
Box II.16. Indicate clearly the action to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the identity or physical checks. The address of the establishment of destination in case of “Re-dispatching”, “Destruction”, “Transformation” and “Use for other purpose” must be entered in Box II.18.
Box II.17. Reasons for refusal: use, as appropriate, to add relevant information. Tick the appropriate box.
Box II.18. Give, as appropriate, the approval number and address (or ship name and port) for all destinations where further control of the consignment is required, for example, for Box II.16, “Re-dispatching”, “Destruction”, “Transformation” or “Use for other purpose”.
Box II.19. Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept.
Box II.20. Put the official stamp of the competent authority of the DPE here or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.
Box II.21. Signature of the responsible official of the competent authority of the DPE or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.
Part III This Part is to be completed by the competent authority.
Box III.1. Details on re-dispatching: the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the means of transport used, its identification details, the country of destination and the date of re- dispatching, as soon as they are known.
Box III.2. Follow-up: indicate the Local Competent Authority Unit responsible, as appropriate, for the supervision in case of “Destruction”, “Transformation” or “Use for other purpose” of the consignment. That authority shall report the result of the arrival of the consignment and the correspondence of the consignment in this box.
Box III.3. Signature of the responsible official for the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the responsible official for the control point, in case of “Re-dispatching”. Signature of the responsible official for the local competent authority in case of “Destruction”, “Transformation” or “Use for other purpose”.