Commission Implementing Regulation (EU) No 1235/2012 of 19 December 2012 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)
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Address https://gelex.eu/eli/EU/regulation/2012/1235@2012-12-19/en
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, 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, for consignments of dried vine fruit from Afghanistan, watermelons from Brazil, strawberries from China, peas and beans from Kenya, mint from Morocco, watermelon seeds and derived products from Sierra Leone and certain herbs, spices and vegetables from Vietnam, the relevant sources of information indicate the emergence of new risks and/or a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of an increased level of official controls. Entries concerning those consignments should be therefore included in the list.
(5) The list should also be amended to decrease the intensity of official controls of the commodities for which the available information indicates an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current frequency of official controls is therefore no longer justified. The entries in the list concerning aubergines and bitter melon from Dominican Republic, spices from India and Yardlong beans, aubergines and Brassica vegetables from Thailand, should be therefore amended accordingly.
(6) The list should also be amended by deleting the entries for commodities for which available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased control frequency is therefore no longer justified. The entries in the list concerning peaches from Egypt, feed additives and premixtures from India and Capsicum annuum from Peru should be therefore deleted.
(7) With a view to better targeting certain products set out in the list, TARIC codes have to be added, where appropriate. Amendment of certain CN codes is also necessary to align with the revised Combined Nomenclature applying as of 1 January 2013.
(8) In the interest of consistency and clarity of Union legislation, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.
(9) Regulation (EC) No 669/2009 should therefore be amended accordingly.
(10) 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 set out in the Annex to this Regulation.
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 January 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 December 2012. For the Commission The President José Manuel Barroso
ANNEX
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 TARIC sub-division Country of origin Hazard Frequency of physical and identity checks (%) Dried grapes (vine fruit) 080620 Afghanistan (AF) Ochratoxin A 50 (Food) Hazelnuts (in shell or shelled) 08022100; 08022200 Azerbaijan (AZ) Aflatoxins 10 (Feed and food) Watermelon 08071100 Brazil (BR) Salmonella 10 (Food) Groundnuts (peanuts), in shell 12024100 Brazil (BR) Aflatoxins 10 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Strawberries (frozen) 081110 China (CN) Norovirus and hepatitis A 5 (Food) Brassica oleracea (other edible Brassica, Chinese Broccoli) ex07049090 40 China (CN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (Food — fresh or chilled) Dried Noodles ex19021100; 10 China (CN) Aluminium 10 ex19021910; 10 ex19021990; 10 ex19022010; 10 ex19022030; 10 ex19022091; 10 ex19022099; 10 ex19023010; 10 ex19023010 91 (Food) Pomelos ex08054000 31; 39 China (CN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 20 (Food — fresh) Tea, whether or not flavoured 0902 China (CN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (Food) Aubergines 07093000; ex07108095 72 Dominican Republic (DO) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 Bitter melon (Mormodica charantia) ex07099990; 70 ex07108095 70 (Food — fresh, chilled or frozen vegetables) Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; 10 Dominican Republic (DO) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 20 ex07102200 10 Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; ex07096099 20 07108051; ex07108059 20 (Food — fresh, chilled or frozen vegetables) Oranges (fresh or dried) 08051020; 08051080 Egypt (EG) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 Pomegranates ex08109075 30 Strawberries 08101000 (Food – fresh fruits) Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; ex07096099; 20 Egypt (EG) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 07108051; ex07108059 20 (Food – fresh, chilled or frozen) Groundnuts (peanuts), in shell 12024100 Ghana (GH) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 (Feed and Food) Curry leaves (Bergera/Murraya koenigii) ex12119086 10 India (IN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods 50 (Food – fresh herbs) Capsicum annuum, whole 09042110 India (IN) Aflatoxins 10 Capsicum annuum, crushed or ground ex09042200 10 Dried fruit of the genus Capsicum, whole, other than sweet peppers (Capsicum annuum) 09042190 Curry (chilli products) 09109105 Nutmeg (Myristica fragrans) 09081100; 09081200 Mace (Myristica fragrans) 09082100; 09082200 Ginger (Zingiber officinale) 09101100; 09101200 Curcuma longa (turmeric) 09103000 (Food – dried spices) Groundnuts (peanuts), in shell 12024100 India (IN) Aflatoxins 20 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Okra ex07099990 20 India (IN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 50 (Food – fresh) Nutmeg (Myristica fragrans) 09081100; 09081200 Indonesia (ID) Aflatoxins 20 Mace (Myristica fragrans) 09082100; 09082200 (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 10 Beans with pods (unshelled) ex07082000 40 (Food – fresh and chilled) Watermelon (Egusi, Citrullus lanatus) seeds and derived products ex12077000; 10 Nigeria (NG) Aflatoxins 50 ex11063090; 30 ex20089999 50 (Food) Mint ex12119086 30 Morocco (MA) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (Food – fresh herb) Watermelon (Egusi, Citrullus lanatus) seeds and derived products ex12077000; 10 Sierra Leone (SL) Aflatoxins 50 ex11063090; 30 ex20089999 50 (Food) Peppers (other than sweet) (Capsicum spp.) ex07096099 20 Thailand (TH) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (Food – fresh) Coriander leaves ex07099990 72 Thailand (TH) Salmonella 10 Basil (holy, sweet) ex12119086 20 Mint ex12119086 30 (Food – fresh herbs) 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 20 Basil (holy, sweet) ex12119086 20 (Food – fresh herbs) Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; 10 Thailand (TH) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 20 ex07102200 10 Aubergines 07093000; ex07108095 72 Brassica vegetables 0704; ex07108095 76 (Food – fresh, chilled or frozen vegetables) Sweet Peppers (Capsicum annuum) 07096010; 07108051 Turkey (TR) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 Tomatoes 07020000; 07108070 (Food – fresh, chilled or frozen vegetables) Dried grapes (vine fruit) 080620 Uzbekistan (UZ) Ochratoxin A 50 (Food) Coriander leaves ex07099990 72 Vietnam (VN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 20 Basil (holy, sweet) ex12119086 20 Mint ex12119086 30 Parsley ex07099990 40 (Food – fresh herbs) Okra ex07099990 20 Vietnam (VN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 20 Peppers (other than sweet) (Capsicum spp.) ex07096099 20 (Food – fresh) Groundnuts (peanuts), in shell 12024100 South Africa (ZA) Aflatoxins 10 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food)