Commission Implementing Regulation (EU) 2019/35 of 8 January 2019 amending 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) 2019/35 of 8 January 2019 amending 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) and 63(1) 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 a designated point of entry (‘DPE’) into the territories referred to in Annex I to Regulation (EC) No 882/2004.
Pursuant to Regulation (EC) No 669/2009, Member States are required to submit to the Commission biannually a report on consignments of feed and food in the list, including details of each consignment, the number of consignments subjected to sampling for analysis and the results of the official controls carried out in accordance with Regulation (EC) No 669/2009. Certain Member States register the common entry documents issued by their respective competent authorities in accordance with Regulation (EC) No 669/2009 on a voluntary basis in the Trade Control and Expert System (TRACES) established by Commission Decisions 2003/24/EC(3) and 2004/292/EC(4), thus providing the Commission with details of each consignment, the number of consignments subjected to sampling for analysis and the results of the checks provided for in Regulation (EC) No 669/2009. The reporting obligation should therefore be deemed to be satisfied where Member States register in TRACES the common entry documents issued in accordance with Regulation (EC) No 669/2009 during the reporting period set out in that Regulation.
Article 19(1) of Regulation (EC) No 669/2009 provides for a transitional period during which the minimum requirements for the DPEs may be progressively implemented and identity and physical checks may be carried out at control points other than DPEs. This transitional period was extended by Commission Implementing Regulation (EU) No 718/2014(5) until 14 August 2019, pending the outcome of the review of the provisions applicable to DPEs and to border controls in general. That review resulted in the adoption of Regulation (EU) 2017/625 of the European Parliament and of the Council(6), which is to apply from 14 December 2019. That Regulation provides that delegated acts are to be established concerning rules establishing the cases where and the conditions under which identity and physical checks on consignments of goods subject to a temporary increase of official controls may be performed by competent authorities at control points other than border control posts. Since those rules are to apply from 14 December 2019, it is appropriate to extend the transitional period until the day before that date.
Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I to that Regulation is to be reviewed on a regular basis, and at least biannually, taking into account the sources of information referred to in that Article.
The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, as established by Regulation (EC) No 178/2002(7) of the European Parliament and of the Council, information regarding official controls performed by Member States on feed and food of non-animal origin as well as the biannual 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 aubergines from the Dominican Republic, beans from Kenya and peppers (other than sweet) from Uganda, the relevant sources of information indicate the emergence of new risks to human health due to possible pesticide residues contamination, requiring the introduction of an increased level of official controls. In addition, for consignments of black pepper from Brazil, sweet peppers from China and sesamum seeds from Ethiopia, the relevant sources of information indicate the emergence of new risks to human health due to possible Salmonella contamination requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.
In addition, it is appropriate to delete 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 pineapples from Benin should therefore be deleted.
Moreover, it is appropriate to increase the frequency of identity and physical checks on commodities for which the relevant sources of information indicate a degree of non-compliance with the relevant requirements provided for in Union legislation warranting an increased level of official controls. The entries in the list concerning sweet peppers and peppers (other than sweet) from Egypt, peppers (other than sweet) from India and Pakistan, peppers (sweet or other than sweet) from Sri Lanka and hazelnuts from Georgia should therefore be amended accordingly.
The scope of the entry concerning hazelnuts from Georgia should be amended to include forms of the product other than the ones currently listed, where those other forms present the same risk. It is therefore appropriate to amend the existing entry concerning hazelnuts from Georgia to include flour, meal and powder of hazelnuts and hazelnuts, otherwise prepared or preserved.
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.
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 Amendments to Regulation (EC) No 669/2009
Regulation (EC) No 669/2009 is amended as follows:
-
In Article 15, the following paragraph 4 is added:
‘4.The reporting obligations set out in paragraphs 1 and 2 shall be deemed to be satisfied where Member States have registered in TRACES the common entry documents issued by their respective competent authorities in accordance with this Regulation during the reporting period set out in paragraph 1.’
-
In Article 19, paragraph 1 is replaced by the following:
‘1.Until 13 December 2019, where a designated point of entry is not equipped with the facilities required to carry out identity and physical checks as provided for in Article 8(1)(b), those checks may be carried out at another control point in the same Member State, authorised for that purpose by the competent authority, before goods are declared for release for free circulation, provided that such control point complies with the minimum requirements laid down in Article 4.’
-
Annex I is replaced by the text set out in the Annex to this Regulation.
Article 2 Entry into force and application
This Regulation shall enter into force on the third 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, 8 January 2019.
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 (%)
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
(Feed and food)
2008 11 91;
2008 11 96;
2008 11 98
Black pepper (Piper)
(Food – neither crushed nor ground)
ex09041100
10
Brazil (BR)
Salmonella (2)
20
Goji berries (wolfberries) (Lycium barbarum L.)
(Food — fresh, chilled or dried)
ex08134095;
ex08109075
10
10
China (CN)
10
Sweet peppers (Capsicum annuum)
(Food – crushed or ground)
ex09042200
11
China (CN)
Salmonella (2)
20
Tea, whether or not flavoured
(Food)
0902
China (CN)
10
Aubergines
(Solanum melongena)
(Food – fresh or chilled)
0709 30 00
Dominican Republic (DO)
Pesticide residues(3)
20
Sweet peppers (Capsicum annuum)
0709 60 10;
0710 80 51
Dominican Republic (DO)
20
Peppers (other than sweet) (Capsicum spp.)
ex07096099;
ex07108059
20
20
Yardlong beans
(Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)
(Food — fresh, chilled or frozen)
ex07082000;
ex07102200
10
10
Sweet peppers (Capsicum annuum)
0709 60 10;
0710 80 51
Egypt (EG)
20
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex07096099;
ex07108059
20
20
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Ethiopia (ET)
Salmonella (2)
50
Hazelnuts, in shell
0802 21 00
Georgia (GE)
Aflatoxins
50
Hazelnuts, shelled
0802 22 00
Flour, meal and powder of hazelnuts
ex11063090
40
Hazelnuts, otherwise prepared or preserved
(Food)
ex20081919;
ex20081995;
ex20081999
30
20
30
Palm oil
(Food)
1511 10 90;
1511 90 11;
Ghana (GH)
Sudan dyes(8)
50
ex15119019;
1511 90 99
90
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
(Feed and food)
2008 11 91;
2008 11 96;
2008 11 98
Okra
(Food – fresh, chilled or frozen)
ex07099990;
ex07108095
20
30
India (IN)
10
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex07096099;
ex07108059
20
20
India (IN)
20
Beans (Vigna spp., Phaseolus spp.)
(Food – fresh or chilled)
0708 20
Kenya (KE)
Pesticide residues(3)
5
Chinese celery (Apium graveolens)
(Food — fresh or chilled herb)
ex07094000
20
Cambodia (KH)
50
Yardlong beans
(Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)
(Food — fresh, chilled or frozen vegetables)
ex07082000;
ex07102200
10
10
Cambodia (KH)
50
Turnips (Brassica rapa spp. Rapa)
(Food — prepared or preserved by vinegar or acetic acid)
ex20019097
11; 19
Lebanon (LB)
Rhodamine B
50
Peppers (sweet or other than sweet) (Capsicum spp.)
(Food — dried, roasted, crushed or ground)
ex20089999;
79
Sri Lanka (LK)
Aflatoxins
50
0904 21 10;
ex09042190;
ex09042200
20
11; 19
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
(Feed and food)
2008 11 91;
2008 11 96;
2008 11 98
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Nigeria (NG)
Salmonella(2)
50
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex07096099;
ex07108059
20
20
Pakistan (PK)
Pesticide residues(3)
20
Raspberries
(Food — frozen)
0811 20 31;
Serbia (RS)
Norovirus
10
ex08112011;
ex08112019
10
10
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
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Sudan (SD)
Salmonella(2)
50
Watermelon (Egusi, Citrullus spp.) seeds and derived products
(Food)
ex12077000;
ex11063090;
ex20089999
10
30
50
Sierra Leone (SL)
Aflatoxins
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
(Feed and food)
2008 11 91;
2008 11 96;
2008 11 98
Turnips (Brassica rapa spp. Rapa)
(Food — prepared or preserved by vinegar or acetic acid)
ex20019097
11; 19
Syria (SY)
Rhodamine B
50
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex07096099;
ex07108059
20
20
Thailand (TH)
10
Dried apricots
0813 10 00
Turkey (TR)
Sulphites(15)
20
Apricots, otherwise prepared or preserved(14)
(Food)
2008 50 61
Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)
(Food)
0806 20
Turkey (TR)
Ochratoxin A
5
Lemons (Citrus limon, Citrus limonum)
(Food – fresh, chilled or dried)
0805 50 10
Turkey (TR)
Pesticide residues(3)
10
Pomegranates
(Food — fresh or chilled)
ex08109075
30
Turkey (TR)
10
Sweet Peppers (Capsicum annuum)
(Food — fresh, chilled or frozen)
0709 60 10;
0710 80 51
Turkey (TR)
10
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex07096099
ex07108059
20
20
Uganda (UG)
Pesticide residues(3)
20
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Uganda (UG)
Salmonella(2)
50
Pistachios, in shell
0802 51 00
United States (US)
Aflatoxins
10
Pistachios, shelled
0802 52 00
Pistachios, roasted
(Food)
ex20081913;
ex20081993
20
20
Dried apricots
0813 10 00
Uzbekistan (UZ)
Sulphites(15)
50
Apricots, otherwise prepared or preserved(14)
(Food)
2008 50 61
Coriander leaves
ex07099990
72
Vietnam (VN)
50
Basil (holy, sweet)
ex12119086
20
Mint
ex12119086
30
Parsley
(Food — fresh or chilled herbs)
ex07099990
40
Okra
(Food – fresh, chilled or frozen)
ex07099990
ex07108095
20
30
Vietnam (VN)
50
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex07096099;
ex07108059
20
20
Vietnam (VN)
50