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)
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Address https://gelex.eu/eli/EU/regulation/2019/35@2019-01-08/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) 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 a designated point of entry (DPE) into the territories referred to in Annex I to Regulation (EC) No 882/2004.
(2) Pursuant to Regulation (EC) No 669/2009, Member States are required to submit to the Commission biannually a report on consignments of feed and food in the list, including details of each consignment, the number of consignments subjected to sampling for analysis and the results of the official controls carried out in accordance with Regulation (EC) No 669/2009. Certain Member States register the common entry documents issued by their respective competent authorities in accordance with Regulation (EC) No 669/2009 on a voluntary basis in the Trade Control and Expert System (TRACES) established by Commission Decisions 2003/24/EC and 2004/292/EC, thus providing the Commission with details of each consignment, the number of consignments subjected to sampling for analysis and the results of the checks provided for in Regulation (EC) No 669/2009. The reporting obligation should therefore be deemed to be satisfied where Member States register in TRACES the common entry documents issued in accordance with Regulation (EC) No 669/2009 during the reporting period set out in that Regulation.
(3) 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 apply from 14 December 2019. That Regulation provides that delegated acts are to be established concerning rules establishing the cases where and the conditions under which identity and physical checks on consignments of goods subject to a temporary increase of official controls may be performed by competent authorities at control points other than border control posts. Since those rules are to apply from 14 December 2019, it is appropriate to extend the transitional period until the day before that date.
(4) Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I to that Regulation is to be reviewed on a regular basis, and at least biannually, taking into account the sources of information referred to in that Article.
(5) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council, information regarding official controls performed by Member States on feed and food of non-animal origin as well as the biannual 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.
(6) In particular, for consignments of aubergines from the Dominican Republic, beans from Kenya and peppers (other than sweet) from Uganda, the relevant sources of information indicate the emergence of new risks to human health due to possible pesticide residues contamination, requiring the introduction of an increased level of official controls. In addition, for consignments of black pepper from Brazil, sweet peppers from China and sesamum seeds from Ethiopia, the relevant sources of information indicate the emergence of new risks to human health due to possible Salmonella contamination requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.
(7) In addition, it is appropriate to delete 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 entry in the list concerning pineapples from Benin should therefore be deleted.
(8) Moreover, it is appropriate to increase the frequency of identity and physical checks on commodities for which the relevant sources of information indicate a degree of non-compliance with the relevant requirements provided for in Union legislation warranting an increased level of official controls. The entries in the list concerning sweet peppers and peppers (other than sweet) from Egypt, peppers (other than sweet) from India and Pakistan, peppers (sweet or other than sweet) from Sri Lanka and hazelnuts from Georgia should therefore be amended accordingly.
(9) The scope of the entry concerning hazelnuts from Georgia should be amended to include forms of the product other than the ones currently listed, where those other forms present the same risk. It is therefore appropriate to amend the existing entry concerning hazelnuts from Georgia to include flour, meal and powder of hazelnuts and hazelnuts, otherwise prepared or preserved.
(10) 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.
(11) 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 Amendments to Regulation (EC) No 669/2009
Regulation (EC) No 669/2009 is amended as follows:
(1) In Article 15, the following paragraph 4 is added:
4. The reporting obligations set out in paragraphs 1 and 2 shall be deemed to be satisfied where Member States have registered in TRACES the common entry documents issued by their respective competent authorities in accordance with this Regulation during the reporting period set out in paragraph 1.
(2) In Article 19, paragraph 1 is replaced by the following:
1. Until 13 December 2019, 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.
(3) Annex I is replaced by the text set out in the Annex to this Regulation.
Article 2 Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 8 January 2019. 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 (%) Groundnuts (peanuts), in shell 12024100 Bolivia (BO) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) 20081191; 20081196; 20081198 Black pepper (Piper) (Food – neither crushed nor ground) ex09041100 10 Brazil (BR) Salmonella 20 Goji berries (wolfberries) (Lycium barbarum L.) (Food — fresh, chilled or dried) ex08134095; ex08109075 10 10 China (CN) Pesticide residues 10 Sweet peppers (Capsicum annuum) (Food – crushed or ground) ex09042200 11 China (CN) Salmonella 20 Tea, whether or not flavoured (Food) 0902 China (CN) Pesticide residues 10 Aubergines (Solanum melongena) (Food – fresh or chilled) 07093000 Dominican Republic (DO) Pesticide residues 20 Sweet peppers (Capsicum annuum) 07096010; 07108051 Dominican Republic (DO) Pesticide residues 20 Peppers (other than sweet) (Capsicum spp.) ex07096099; ex07108059 20 20 Yardlong beans (Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata) (Food — fresh, chilled or frozen) ex07082000; ex07102200 10 10 Sweet peppers (Capsicum annuum) 07096010; 07108051 Egypt (EG) Pesticide residues 20 Peppers (other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) ex07096099; ex07108059 20 20 Sesamum seeds (Food — fresh or chilled) 12074090 Ethiopia (ET) Salmonella 50 Hazelnuts, in shell 08022100 Georgia (GE) Aflatoxins 50 Hazelnuts, shelled 08022200 Flour, meal and powder of hazelnuts ex11063090 40 Hazelnuts, otherwise prepared or preserved (Food) ex20081919; ex20081995; ex20081999 30 20 30 Palm oil (Food) 15111090; 15119011; Ghana (GH) Sudan dyes 50 ex15119019; 15119099 90 Groundnuts (peanuts), in shell 12024100 Gambia (GM) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) 20081191; 20081196; 20081198 Okra (Food – fresh, chilled or frozen) ex07099990; ex07108095 20 30 India (IN) Pesticide residues 10 Peppers (other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) ex07096099; ex07108059 20 20 India (IN) Pesticide residues 20 Beans (Vigna spp., Phaseolus spp.) (Food – fresh or chilled) 070820 Kenya (KE) Pesticide residues 5 Chinese celery (Apium graveolens) (Food — fresh or chilled herb) ex07094000 20 Cambodia (KH) Pesticide residues 50 Yardlong beans (Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata) (Food — fresh, chilled or frozen vegetables) ex07082000; ex07102200 10 10 Cambodia (KH) Pesticide residues 50 Turnips (Brassica rapa spp. Rapa) (Food — prepared or preserved by vinegar or acetic acid) ex20019097 11; 19 Lebanon (LB) Rhodamine B 50 Peppers (sweet or other than sweet) (Capsicum spp.) (Food — dried, roasted, crushed or ground) ex20089999; 79 Sri Lanka (LK) Aflatoxins 50 09042110; ex09042190; ex09042200 20 11; 19 Groundnuts (peanuts), in shell 12024100 Madagascar (MG) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) 20081191; 20081196; 20081198 Sesamum seeds (Food — fresh or chilled) 12074090 Nigeria (NG) Salmonella 50 Peppers (other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pakistan (PK) Pesticide residues 20 Raspberries (Food — frozen) 08112031; Serbia (RS) Norovirus 10 ex08112011; ex08112019 10 10 Groundnuts (peanuts), in shell 12024100 Sudan (SD) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) 20081191; 20081196; 20081198 Sesamum seeds (Food — fresh or chilled) 12074090 Sudan (SD) Salmonella 50 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 Senegal (SN) Aflatoxins 50 Groundnuts (peanuts), shelled 12024200 Peanut butter 20081110 Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) 20081191; 20081196; 20081198 Turnips (Brassica rapa spp. Rapa) (Food — prepared or preserved by vinegar or acetic acid) ex20019097 11; 19 Syria (SY) Rhodamine B 50 Peppers (other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) ex07096099; ex07108059 20 20 Thailand (TH) Pesticide residues 10 Dried apricots 08131000 Turkey (TR) Sulphites 20 Apricots, otherwise prepared or preserved (Food) 20085061 Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment) (Food) 080620 Turkey (TR) Ochratoxin A 5 Lemons (Citrus limon, Citrus limonum) (Food – fresh, chilled or dried) 08055010 Turkey (TR) Pesticide residues 10 Pomegranates (Food — fresh or chilled) ex08109075 30 Turkey (TR) Pesticide residues 10 Sweet Peppers (Capsicum annuum) (Food — fresh, chilled or frozen) 07096010; 07108051 Turkey (TR) Pesticide residues 10 Peppers (other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) ex07096099 ex07108059 20 20 Uganda (UG) Pesticide residues 20 Sesamum seeds (Food — fresh or chilled) 12074090 Uganda (UG) Salmonella 50 Pistachios, in shell 08025100 United States (US) Aflatoxins 10 Pistachios, shelled 08025200 Pistachios, roasted (Food) ex20081913; ex20081993 20 20 Dried apricots 08131000 Uzbekistan (UZ) Sulphites 50 Apricots, otherwise prepared or preserved (Food) 20085061 Coriander leaves ex07099990 72 Vietnam (VN) Pesticide residues 50 Basil (holy, sweet) ex12119086 20 Mint ex12119086 30 Parsley (Food — fresh or chilled herbs) ex07099990 40 Okra (Food – fresh, chilled or frozen) ex07099990 ex07108095 20 30 Vietnam (VN) Pesticide residues 50 Peppers (other than sweet) (Capsicum spp.) (Food — fresh, chilled or frozen) ex07096099; ex07108059 20 20 Vietnam (VN) Pesticide residues 50