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Commission Implementing Regulation (EU) No 1295/2014 of 4 December 2014 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin Text with EEA relevance

Commission Implementing Regulation (EU) No 1295/2014 of 4 December 2014 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin Text with EEA relevance

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare 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 recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

  4. In particular, the list should be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in the list concerning oranges from Egypt and coriander leaves, basil and mint from Thailand should therefore be deleted.

  5. In addition, the list should be amended by increasing the frequency of official controls for the commodities for which the same sources of information show a higher degree of non-compliance with the relevant Union legislation, thereby warranting an increased level of official controls. The entries in the list concerning dried spices from India, betel leaves from India and Thailand and vine leaves from Turkey should therefore be amended accordingly.

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

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

  8. The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

It shall apply from 1 January 2015.

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

Done at Brussels, 4 December 2014.

For the Commission

The President

Jean-Claude Juncker

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

2008 11 91;

2008 11 96;

2008 11 98

(Feed and food)

Yardlong beans

(Vigna unguiculata spp. sesquipedalis)

ex07082000;

ex07102200

10

10

Cambodia (KH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(2)

50

Aubergines

0709 30 00;

ex07108095

72

(Food — fresh, chilled or frozen vegetables)

Chinese celery (Apium graveolens)

(Food — fresh or chilled herb)

ex07094000

20

Cambodia (KH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(3)

50

Brassica oleracea

(other edible Brassica, “Chinese Broccoli”)(4)

(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(5)

50

Tea, whether or not flavoured

(Food)

0902

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(6)

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(7)

10

Bitter melon (Momordica charantia)

ex07099990;

ex07108095

70

70

(Food — fresh, chilled or frozen vegetables)

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(7)

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

Strawberries (fresh)

(Food)

0810 10 00

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(8)

10

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(9)

10

(Food — fresh, chilled or frozen)

0710 80 51;

ex07108059

20

Betel leaves (Piper betle L.)

(Food)

ex14049000

10

India (IN)

Salmonella(10)

50

Sesamum seeds

(Food — fresh or chilled)

1207 40 90

India (IN)

Salmonella(10)

20

Capsicum annuum, whole

0904 21 10

India (IN)

Aflatoxins

20

Capsicum annuum, crushed or ground

ex09042200

10

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

0904 21 90

Nutmeg

(Myristica fragrans)

0908 11 00;

0908 12 00

(Food — dried spices)

Enzymes;prepared enzymes

(Feed and food)

3507

India (IN)

Chloramphenicol

50

Nutmeg

(Myristica fragrans)

0908 11 00;

0908 12 00

Indonesia (ID)

Aflatoxins

20

(Food — dried spices)

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(11)

10

Beans with pods (unshelled)

ex07082000

40

(Food — fresh or chilled)

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(12)

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(13)

50

Table grapes

(Food — fresh)

0806 10 10

Peru (PE)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(14)

10

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

2008 11 91;

2008 11 96;

2008 11 98

(Feed and food)

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(15)

10

Betel leaves (Piper betle L.)

(Food)

ex14049000

10

Thailand (TH)

Salmonella(10)

50

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(16)

20

Aubergines

0709 30 00;

ex07108095

72

(Food — fresh, chilled or frozen vegetables)

Dried apricots

(Food)

0813 10 00

Turkey (TR)

Sulphites(17)

10

Sweet Peppers (Capsicum annuum)

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(18)

10

(Food — fresh, chilled or frozen vegetables)

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(19)

20

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(20)

20

Basil (holy, sweet)

ex12119086

20

Mint

ex12119086

30

Parsley

ex07099990

40

(Food — fresh or chilled herbs)

Pitahaya (dragon fruit)

ex08109020

10

Viet Nam (VN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods(20)

20

Okra

ex07099990

20

Peppers (other than sweet)(Capsicum spp.)

ex07096099

20

(Food — fresh or chilled)

.

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