Commission Implementing Regulation (EU) No 294/2012 of 3 April 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/2012/294@2012-04-03/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 (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, the list should be amended by increasing the official control frequency for the commodities for which the same source of information show a higher degree of non-compliance with the relevant Union legislation that warrants the increase of level of official controls.
(6) The entries in the list for certain imports from India and for certain other commodities from all third countries should therefore be amended accordingly.
(7) The amendment to the list concerning the deletion of the entries for certain commodities 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.
(8) 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.
(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 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 April 2012. However, the amendments of Annex I to Regulation (EC) No 669/2009 concerning the deletion of entries of Capsicum annuum (crushed or ground), Curry (chilli products), Curcuma longa (turmeric) and Red palm oil for the possible contamination of Sudan dyes shall apply from the date of entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 3 April 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 Country of origin Hazard Frequency of physical and identity checks (%) Hazelnuts (in shell or shelled) 08022100; 08022200 Azerbaijan (AZ) Aflatoxins 10 (Feed and 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) Dried Noodles ex1902 China (CN) Aluminium 10 (Food) Pomelos ex08054000 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 leaves (black and green) ex0902 China (CN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (Food) Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; ex07102200 Dominican Republic (DO) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 50 Bitter melon (Momordica charantia) ex07099990; ex07108095 Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; ex07096099; 07108051; ex07108059 Aubergines 07093000; ex07108095 (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 Peaches (excluding nectarines) 08093090 Pomegranates ex08109075 Strawberries 08101000 (Food — fresh fruits and vegetables) Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; ex07096099; 07108051; ex07108059 Egypt (EG) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (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) ex12119085 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 20 Capsicum annuum, crushed or ground ex09042200 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) Feed additives and premixtures ex2309; 29171990; ex28170000; ex28209010; ex28209090; ex28211000; ex28255000; ex28332100; ex28332500; ex28332920; ex28332980; ex2835; ex2836; ex2839; 2936 India (IN) Cadmium and lead 10 (Feed) Okra ex07099990 India (IN) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 10 (Food — fresh) Watermelon (egusi, Citrullus lanatus) seeds and derived products ex12077000; ex11063090; ex20089999 Nigeria (NG) Aflatoxins 50 (Food) Capsicum annuum, whole 09042110 Peru (PE) Aflatoxins and Ochratoxin A 10 Capsicum annuum, crushed or ground ex09042200 other dried fruits of the genus Capsicum (other than Capsicum annuum), whole ex09042190 (Food — dried spice) Peppers (other than sweet)(Capsicum spp.) ex07096099 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 Thailand (TH) Salmonella 10 Basil (holy, sweet) ex12119085 Mint ex12119085 (Food — fresh herbs) Coriander leaves ex07099990 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) ex12119085 (Food — fresh herbs) Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; ex07102200 Thailand (TH) 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; 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) 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)