Address https://gelex.eu/eli/EU/regulation/2011/187@2011-02-25/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX
5. ANNEX I (A)——————————————————————————————————————————————————————————————————————————————————————————————————————————

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, and in particular Article 15(5) thereof,

Whereas:

(1) Commission Regulation (EC) No 669/2009 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 food incidents notified through the Rapid Alert System for Food and Feed (RASFF), 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.

(4) In particular, the list should be amended by deleting the entries for commodities for which those information sources indicate an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official control is therefore no longer justified.

(5) In addition, certain other commodities for which the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of increased level of official controls, should be included in the list.

(6) Similarly, the list should be amended by decreasing the frequency of official controls of the commodities for which the information sources indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current level of official control is therefore no longer justified.

(7) The entries in the list for certain imports from China, the Dominican Republic, India and South Africa should therefore be amended accordingly.

(8) In the interests of clarity of Union legislation, it is also necessary to make a small precision in the list regarding the entries for imports of peppers from the Dominican Republic and sweet peppers from Turkey.

(9) The amendment to the list concerning the deletion of the references to commodities, and the reduction in the frequency of controls, should apply as soon as possible, as the original safety concerns have been satisfied. Accordingly, those amendments should apply from the date of entry into force of this Regulation.

(10) Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation.

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

(12) 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

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

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall apply from 1 April 2011. However, the following amendments to Annex I to Regulation (EC) No 669/2009 shall apply from the date of entry into force of this Regulation:

(a) the deletion of the following entries on:

(i) trace elements from China;

(ii) mangoes from the Dominican Republic;

(iii) the following feed and food from Vietnam:

groundnuts (peanuts), in shell,

groundnuts (peanuts), shelled,

peanut butter,

groundnuts (peanuts), otherwise prepared or preserved;

(b) the amendment on the frequency of physical and identity checks for the following food from all third countries:

(i) chilli (Capsicum annuum), crushed or ground;

(ii) chilli products (curry);

(iii) Curcuma longa (turmeric);

(iv) red palm oil.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 February 2011. For the Commission The President José Manuel Barroso

ANNEX

ANNEX

ANNEX I (A)——————————————————————————————————————————————————————————————————————————————————————————————————————————

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 Country of origin Hazard Frequency of physical and identity checks (%) Groundnuts (peanuts), in shell 12021090 Argentina Aflatoxins 10 Groundnuts (peanuts), shelled 12022000 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Groundnuts (peanuts), in shell 12021090 Brazil Aflatoxins 10 Groundnuts (peanuts), shelled 12022000 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Dried Noodles ex1902 China Aluminium 10 (Food) Yardlong beans (Vigna sesquipedalis) ex07082000; ex07102200 Dominican Republic Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 50 Bitter melon (Momordica charantia) ex07099090; ex07108095 Lauki (Lagenaria siceraria) ex07099090; ex07108095 Peppers (Capsicum spp.) 07096010; 07096099; 07108051; 07108059 Aubergines 07093000; ex07108095 (Food — fresh, chilled or frozen vegetables) Oranges (fresh or dried) 08051020; 08051080 Egypt Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 10 Peaches 08093090 Pomegranates ex08109095 Strawberries 08101000 Green beans ex07082000 (Food — fresh fruits and vegetables) Groundnuts (peanuts), in shell 12021090 Ghana Aflatoxins 50 Groundnuts (peanuts), shelled 12022000 Peanut butter 20081110 (Feed and Food) Curry leaves (Bergera/ Murraya koenigii) ex12119085 India Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 10 (Food – fresh herbs) Chilli (Capsicum annuum), whole ex09042010 India Aflatoxins 50 Chilli (Capsicum annuum), crushed or ground ex09042090 Chilli products (curry) 09109105 Nutmeg (Myristica fragrans) 09081000 Mace (Myristica fragrans) 09082000 Ginger (Zingiber officinale) 09101000 Curcuma longa (turmeric) 09103000 (Food – dried spices) Groundnuts (peanuts), in shell 12021090 India Aflatoxins 20 Groundnuts (peanuts), shelled 12022000 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Okra ex07099090 India Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 10 (Food) Watermelon (egusi, Citrullus lanatus) seeds and derived products ex12079997; ex11063090; ex20089999; Nigeria Aflatoxins 50 (Food) Basmati rice for direct human consumption ex100630 Pakistan Aflatoxins 20 (Food — milled rice) Chilli (Capsicum annuum), whole ex09042010 Peru Aflatoxins and Ochratoxin A 10 Chilli (Capsicum annuum), crushed or ground ex09042090 (Food — dried spice) Groundnuts (peanuts), in shell 12021090 South Africa Aflatoxins 10 Groundnuts (peanuts), shelled 12022000 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Coriander leaves ex07099090 Thailand Salmonella 10 Basil (holy, sweet) ex12119085 Mint ex12119085 (Food — fresh herbs) Coriander leaves ex07099090 Thailand Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 20 Basil (holy, sweet) ex12119085 (Food — fresh herbs) Yardlong beans (Vigna sesquipedalis) ex07082000; ex07102200 Thailand Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 50 Aubergines 07093000; ex07108095 Brassica vegetables 0704; ex07108095 (Food — fresh, chilled or frozen vegetables) Sweet Peppers (Capsicum annuum) 07096010; 07096099; 07108051; 07108059 Turkey Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 10 Courgettes 07099070; ex07108095 Tomatoes 07020000; 07108070 (Food — fresh, chilled or frozen vegetables) Pears 08082010; 08082050 Turkey Pesticide: amitraz 10 (Food) Dried grapes (vine fruit) 080620 Uzbekistan Ochratoxin A 50 (Food) Chilli (Capsicum annuum), crushed or ground ex09042090 All third countries Sudan dyes 10 Chilli products (curry) 09109105 Curcuma longa (turmeric) 09103000 (Food — dried spices) Red palm oil ex15111090 (Food)

(B) Definitions For the purposes of this Annex, Sudan dyes refers to the following chemical substances:

(B)

(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).

Versions

1. 2011-02-25