Commission Implementing Regulation (EU) No 718/2014 of 27 June 2014 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)
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Address https://gelex.eu/eli/EU/regulation/2014/718@2014-06-27/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, and in particular Article 53(1) thereof,
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 Articles 15(5) and 63(1) 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 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, for consignments of table grapes originating from Peru and dried apricots originating from Turkey, the relevant sources of information indicate the emergence of new risks requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.
(5) In addition, 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. On this basis, the entry in the list concerning curry from India should be deleted.
(6) Finally, the list should also 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 entry in the list concerning Brassica oleracea from China should therefore be amended accordingly.
(7) In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009.
(8) Article 19 of Regulation (EC) No 669/2009 provides for a transitional period of five years from the entry into force of that Regulation during which the minimum requirements for designated points of entry (DPEs) may be progressively implemented. Accordingly, the competent authorities of the Member States should be allowed, during that transitional period, to carry out the required identity and physical checks at control points other than the DPEs. In those cases, such control points should comply with the minimum requirements for DPEs set out in that Regulation. This transitional period will expire on 14 August 2014.
(9) A number of Member States have indicated to the Commission that they still face practical difficulties with the application of the minimum requirements for DPEs. In addition, a review of the provisions applicable to DPEs and to border controls in general is currently ongoing, following the adoption by the Commission of a proposal for a Regulation of the European Parliament and of the Council on official controls and other official activities. This may result in changes to the requirements applicable to DPEs and to border controls in general. Pending the outcome of this review, it is appropriate to extend the transitional period referred to in Article 19 of Regulation (EC) No 669/2009 for an additional term of five years, so as to allow the smooth entry into force of any new requirement that might result from that review.
(10) Regulation (EC) No 669/2009 should therefore be amended accordingly.
(11) 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
Regulation (EC) No 669/2009 is amended as follows:
1. Paragraph 1 of Article 19 is replaced by the following:
1. For a period of 10 years from the date of entry into force of this Regulation, 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.
2. Annex I to Regulation (EC) No 669/2009 is replaced by 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 July 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 June 2014. 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) (Food) 080620 Afghanistan (AF) Ochratoxin A 50 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) (Food) 081110 China (CN) Norovirus and hepatitis A 5 Brassica oleracea (other edible Brassica, Chinese Broccoli) (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 50 Pomelos (Food — fresh) 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 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 10 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 (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 20 Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; ex07096099 20 (Food — fresh, chilled or frozen vegetables) 07108051; ex07108059 20 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 Strawberries (fresh) 08101000 (Food) Peppers (sweet and other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) 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 Betel leaves (Piper betle L.) (Food) ex14049000 10 India (IN) Salmonella 10 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 Nutmeg (Myristica fragrans) 09081100; 09081200 (Food — dried spices) Enzymes;prepared enzymes (Feed and food) 3507 India (IN) Chloramphenicol 50 Nutmeg (Myristica fragrans) 09081100; 09081200 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 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 10 Dried beans (Food) 07133900 Nigeria (NG) Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods 50 Table grapes (Food — fresh) 08061010 Peru (PE) Pesticide residues 10 Watermelon (Egusi, Citrullus lanatus) seeds and derived products ex12077000; ex11063090; ex20089999 10 30 50 Sierra Leone (SL) Aflatoxins 50 (Food) Groundnuts (peanuts), in shell 12024100 Sudan (SD) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (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 10 Betel leaves (Piper betle L.) (Food) ex14049000 10 Thailand (TH) Salmonella 10 Coriander leaves ex07099990 72 Thailand (TH) Salmonella 10 Basil (holy, sweet) ex12119086 20 Mint ex12119086 30 (Food — fresh or chilled 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 10 Basil (holy, sweet) ex12119086 20 (Food — fresh or chilled herbs) 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 20 Aubergines 07093000; ex07108095 72 (Food — fresh, chilled or frozen vegetables) Dried apricots (Food) 08131000 Turkey (TR) Sulphites 10 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 (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 10 Dried grapes (vine fruit) (Food) 080620 Uzbekistan (UZ) Ochratoxin A 50 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 or chilled 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 or chilled)
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- 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) Regulation · Grade B
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 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, which is to appl