Commission Implementing Regulation (EU) 2016/443 of 23 March 2016 amending Annex I to Regulation (EC) No 669/2009 as regards the list of feed and food of non-animal origin subject to an increased level of official controls on imports (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2016/443@2016-03-23/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 recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Directorate for Health and Food Audits and Analysis of the Commission Directorate-General for Health and Food Safety, 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 groundnuts and derived products originating from Madagascar, palm oil from Ghana, and lemons 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) The list should also 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. The entries in the list concerning aubergines and bitter melon from the Dominican Republic should therefore be deleted.
(6) 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.
(7) Regulation (EC) No 669/2009 should therefore be amended accordingly.
(8) 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
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 April 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 March 2016. For the Commission The President Jean-Claude Juncker
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 Almonds, in shell 080211 Australia (AU) Aflatoxins 20 Almonds, shelled 080212 (Food) Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; ex07102200 10 10 Cambodia (KH) Pesticide residues 50 Aubergines 07093000; ex07108095 72 (Food — fresh, chilled or frozen vegetables) Chinese celery (Apium graveolens) (Food — fresh or chilled herb) ex07094000 20 Cambodia (KH) Pesticide residues 50 Brassica oleracea (other edible Brassica, Chinese Broccoli) (Food — fresh or chilled) ex07049090 40 China (CN) Pesticide residues 50 Tea, whether or not flavoured (Food) 0902 China (CN) Pesticide residues 10 Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; ex07102200 10 10 Dominican Republic (DO) Pesticide residues 20 Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; 07108051 (Food — fresh, chilled or frozen vegetables) ex07096099; ex07108059 20 20 Strawberries (Food — fresh or chilled) 08101000 Egypt (EG) Pesticide residues 10 Peppers (sweet and other than sweet) (Capsicum spp.) 07096010; 07108051 Egypt (EG) Pesticide residues 10 (Food — fresh, chilled or frozen) ex07096099; ex07108059 20 20 Groundnuts (peanuts), in shell 12024100 Gambia (GM) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Palm oil (Food) 15111090; Ghana (GH) Sudan dyes 50 15119011; 15119019; 90 15119099 Sesamum seeds (Food — fresh or chilled) 12074090 India (IN) Salmonella 20 Enzymes; prepared enzymes (Feed and food) 3507 India (IN) Chloramphenicol 50 Peas with pods (unshelled) (Food — fresh or chilled) ex07081000 40 Kenya (KE) Pesticide residues 10 Groundnuts (peanuts), in shell 12024100 Madagascar (MG) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved 20081191; 20081196; 20081198 (Feed and food) Raspberries (Food — frozen) 08112031; Serbia (RS) Norovirus 10 ex08112011; 10 ex08112019 10 Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) ex12077000; ex11063090; ex20089999 10 30 50 Sierra Leone (SL) Aflatoxins 50 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 10 Yardlong beans (Vigna unguiculata spp. sesquipedalis) ex07082000; ex07102200 10 10 Thailand (TH) Pesticide residues 20 Aubergines 07093000; ex07108095 72 (Food — fresh, chilled or frozen vegetables) Dried apricots 08131000 Turkey (TR) Sulphites 10 Apricots, otherwise prepared or preserved 20085061 (Food) Lemons (Citrus limon, Citrus limonum) (Food — fresh, chilled or dried) 08055010 Turkey (TR) Pesticide residues 10 Sweet Peppers (Capsicum annuum) 07096010; 07108051 Turkey (TR) Pesticide residues 10 (Food — fresh, chilled or frozen vegetables) Vine leaves (Food) ex20089999 11; 19 Turkey (TR) Pesticide residues 50 Pistachios, in shell 08025100 United States (US) Aflatoxins 20 Pistachios, shelled 08025200 (Food) Dried apricots 08131000 Uzbekistan (UZ) Sulphites 50 Apricots, otherwise prepared or preserved 20085061 (Food) Coriander leaves ex07099990 72 Viet Nam (VN) Pesticide residues 50 Basil (holy, sweet) ex12119086; ex20089999 20 75 Mint ex12119086; ex20089999 30 70 Parsley ex07099990 40 (Food — fresh or chilled herbs) Okra ex07099990 20 Viet Nam (VN) Pesticide residues 50 Peppers (other than sweet)(Capsicum spp.) ex07096099 20 (Food — fresh or chilled) Pitahaya (dragon fruit) ex08109020 10 Viet Nam (VN) Pesticide residues 20 (Food — fresh or chilled)