Commission Implementing Regulation (EU) 2021/1900 of 27 October 2021 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2021/1900@2021-10-27/en
Contents
- Preamble
- Article 1 Amendments to Implementing Regulation (EU) 2019/1793
- (4)
- (5)
- ANNEX
- ANNEX
- ANNEX I Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points
- ANNEX II Food and feed from certain third countries subject to special conditions for the entry into the Union due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and to microbiological contamination
- ANNEX IIa Food and feed from certain third countries subject to suspension of entry into the Union referred to in Article 11a
- ANNEX IV MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED
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)(b) thereof,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation), and in particular Article 47(2)(b), Article 54(4)(a) and (b) and Article 90(a), (b) and (c) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2019/1793 lays down rules on the temporary increase of official controls at the entry into the Union on certain food and feed of non-animal origin from certain third countries listed in Annex I to that Implementing Regulation, on special conditions governing the entry into the Union of certain food and feed from certain third countries due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and microbiological contamination, listed in Annex II to that Implementing Regulation, and on the suspension of entry into the Union of certain food and feed from certain third countries, listed in Annex IIa to that Implementing Regulation.
(2) Since the term compound food in Article 1(1)(b)(ii), Article 8, in Table 2 of Annex II and in Annex IV to Implementing Regulation (EU) 2019/1793 is not used with the same understanding as in other Union legislation, it is appropriate to replace this term by food consisting of two or more ingredients.
(3) In order to ensure uniform understanding and application of Implementing Regulation (EU) 2019/1793, it is appropriate to add the definition of country of origin to Article 2 of that Implementing Regulation.
(4) Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in its Annexes I and II are to be reviewed at regular intervals not exceeding six months, in order to take into account new information related to risks and non-compliance with Union legislation.
(5) Annex IIa to Implementing Regulation (EU) 2019/1793 lists food and feed from certain third countries subject to suspension of entry into the Union, as referred to in Article 11a of that Regulation.
(6) Given that Implementing Regulation (EU) 2019/1793 does not explicitly provide for a period of applicability of the emergency measures for the products listed in Annex IIa and considering that these measures are to be withdrawn or modified where new information related to risks and to non-compliance with Union legislation becomes available, the list set out in Annex IIa to this Regulation should also be regularly reviewed. It is therefore appropriate to amend Article 12 of Implementing Regulation (EU) 2019/1793.
(7) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed (RASFF), as established by Regulation (EC) No 178/2002, and information regarding official controls performed by Member States on food and feed of non-animal origin in the second semester of 2020 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union.
(8) In particular, for consignments of lemons from Turkey, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues, requiring an increased level of official controls. In addition, for consignments of groundnuts from Brazil, information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues, requiring an increased level of official controls. Entries on both of those commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 %.
(9) Due to the frequency of non-compliance with the relevant requirements provided for in Union legislation as regards contamination by pesticide residues detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793, and due to the high number of notifications in the RASFF, it is appropriate to increase to 20 % the frequency of identity and physical checks to be performed on oranges, mandarins, clementines, wilkings and similar citrus hybrids, and sweet peppers and peppers of the genus Capsicum (other than sweet) from Turkey.
(10) Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793, it is appropriate to increase to 50 % the frequency of identity and physical checks to be performed on jackfruit from Malaysia and on peppers of the genus Capsicum (other than sweet) from Uganda.
(11) Due to notifications in the RASFF concerning contamination by residues of ethylene oxide, as regards certain consignments of okra from India, ethylene oxide should be added to the analysis to be performed on this commodity and the frequency of physical and identity checks for the presence of pesticide residues, including ethylene oxide, to be performed on okra from India at the Union borders, should be increased to 20 %.
(12) Due to the frequency of non-compliance with the relevant requirements provided for in Union legislation as regards contamination by aflatoxins detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793, and due to the high number of notifications in the RASFF, it is appropriate to increase to 20 % the frequency of identity and physical checks to be performed on groundnuts from the United States.
(13) Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation as regards contamination by Salmonella detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793, it is appropriate to increase to 50 % the frequency of identity and physical checks to be performed on Sesamum seeds from Sudan.
(14) Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation as regards contamination by pesticide residues detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793, it is appropriate to increase to 50 % the frequency of identity and physical checks to be performed on vine leaves from Turkey.
(15) For hazelnuts and products produced from hazelnuts from Georgia, the available information indicates a favourable trend of the degree of compliance with the relevant requirements provided for in Union legislation as regards contamination by aflatoxins. It is appropriate to decrease to 20 % the frequency of identity and physical checks to be performed on hazelnuts and products produced from hazelnuts from Georgia. Hazelnuts and products produced from hazelnuts from Turkey and from Azerbaijan are listed in Annex II to Implementing Regulation (EU) 2019/1793 due to risk of contamination by aflatoxins. For the purpose of ensuring consistency in mitigating risks, it is appropriate to amend the existing entry on hazelnuts and products produced from hazelnuts from Georgia to cover the same products as those originating from Turkey and from Azerbaijan.
(16) Sesamum seeds from Ethiopia have been subject to an increased level of official controls due to the risk of contamination by Salmonella since January 2019. The official controls carried out on those foodstuffs by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.
(17) It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to Sesamum seeds from Ethiopia. In particular, all consignments of Sesamum seeds from Ethiopia should be accompanied by an official certificate stating that all results of sampling and analysis show the absence of Salmonella in 25 g as provided in Article 10(2)(d) of Implementing Regulation (EU) 2019/1793. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on Sesamum seeds from Ethiopia in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and an entry on those seeds should be inserted in Annex II to that Implementing Regulation.
(18) Peppers of the genus Capsicum (sweet or other than sweet) from Sri Lanka have been subject to an increased level of official controls as regards the presence of aflatoxins since July 2017. The official controls carried out on these foodstuffs by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.
(19) It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions for peppers of the genus Capsicum (sweet or other than sweet) from Sri Lanka. In particular, all consignments of that commodity from Sri Lanka should be accompanied by an official certificate stating that the products have been sampled and analysed for aflatoxins and all results show that the relevant maximum levels of aflatoxins have not been exceeded. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on peppers of the genus Capsicum (sweet or other than sweet) from Sri Lanka in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and an entry on those peppers should be inserted in Annex II to that Implementing Regulation.
(20) As regards pistachios from the United States, listed in Annex I to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by aflatoxins, the available information indicates an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for this commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.
(21) In order to ensure efficient protection against potential health risks arising from contamination of groundnuts by aflatoxins, in the columns referring to Food and feed (intended use) and CN code in Table 1 of Annex II to Implementing Regulation (EU) 2019/1793, the terms including mixtures and the CN codes for mixtures should be added in the rows referring to groundnuts (peanuts), otherwise prepared or preserved.
(22) It is appropriate to provide a transitional period for consignments of Sesamum seeds from Ethiopia and consignments of peppers of the genus Capsicum (sweet or other than sweet) from Sri Lanka, which are not accompanied by an official certificate, but which were already subject to official controls at the border control post in accordance with harmonised frequency rates for identity and physical checks in accordance with Implementing Regulation (EU) 2019/1793 before the amendment by this Regulation.
(23) Implementing Regulation (EU) 2019/1793 lays down requirements as regards the model official certificate for the entry into the Union of consignments of food and feed listed in Annex II to that Implementing Regulation.
(24) To align the official certificates for the entry into the Union laid down in Commission Implementing Regulation (EU) 2020/2235 for different categories of goods and to ensure consistency with the new certification requirements in the official certificates, it is appropriate to amend the model official certificate and the notes on the completion of that certificate set out in Annex IV to Implementing Regulation (EU) 2019/1793.
(25) In order to ensure consistency and clarity, it is appropriate to replace Annexes I, II, IIa, and IV to Implementing Regulation (EU) 2019/1793 in their entirety.
(26) Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.
(27) 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 Implementing Regulation (EU) 2019/1793
Implementing Regulation (EU) 2019/1793 is amended as follows:
(1) in Article 1, point (1)(b)(ii) is replaced by the following:
(ii) consignments of food consisting of two or more ingredients, containing any of the food listed in Table 1 to Annex II due to the risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of those products and falling within the CN codes laid down in Table 2 to that Annex;;
(2) in Article 2(1), the following point (c) is added:
(c) country of origin means:
(i) the country where the goods originate from, were grown, harvested or produced, where food and feed is listed in the Annexes due to a possible risk of contamination by mycotoxins, including aflatoxins, or by plant toxins, or due to possible non-compliance with maximum allowed levels of pesticide residues;
(ii) the country where the goods were produced, manufactured or wrapped where food and feed is listed in the Annexes due to the risk of presence of Salmonella or due to other hazards than those specified in point (i).;
(3) in Article 8, paragraphs 3 and 4 are replaced by the following:
3. Food consisting of two or more ingredients listed in Table 2 to Annex II which contains products falling only under one entry in Table 1 to Annex II shall be subject to the overall frequency of identity and physical checks set out in Table 1 to Annex II for that entry.
4. Food consisting of two or more ingredients listed in Table 2 to Annex II which contains products falling under several entries for the same hazard in Table 1 to Annex II shall be subject to the highest overall frequency of identity and physical checks set out in Table 1 to Annex II for these entries.;
(4) Article 12 is replaced by the following:
Article 1 Amendments to Implementing Regulation (EU) 2019/1793
(4)
Article 12 Updates to Annexes
The Commission shall review the lists set out in Annexes I, II and IIa on a regular basis not exceeding a period of six months, in order to take into account new information related to risks and non-compliance.;
Article 1 Amendments to Implementing Regulation (EU) 2019/1793
(5) Article 14 is replaced by the following:
Article 1 Amendments to Implementing Regulation (EU) 2019/1793
(5)
Article 14 Transitional period
Consignments of Sesamum seeds from Ethiopia and consignments of peppers of the genus Capsicum (sweet or other than sweet) from Sri Lanka which are not accompanied by an official certificate and the results of sampling and analysis in accordance with this Regulation shall be accepted for entry into the Union until 13 January 2022.;
Article 1 Amendments to Implementing Regulation (EU) 2019/1793
(6) Annexes I, II, IIa and IV are replaced by the text set out in the Annex to this Regulation.
Article 2 Entry into force
This Regulation shall enter into force on the twentieth 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, 27 October 2021. For the Commission The President Ursula von der Leyen
ANNEX
ANNEX
ANNEX I Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points
Row Food and feed (intended use) CN code TARIC sub-division Country of origin Hazard Frequency of identity and physical checks (%) 1 Bolivia (BO) Aflatoxins 50 (Food and feed) 20 2 (Food – neither crushed nor ground) ex09041100 10 Brazil (BR) Salmonella 50 3 Brazil (BR) Aflatoxins 10 Pesticide residues 20 (Food and feed) 20 4 China (CN) Aflatoxins 10 (Food and feed) 20 5 Sweet peppers (Capsicum annuum) (Food – crushed or ground) ex09042200 11 China (CN) Salmonella 20 6 Tea, whether or not flavoured (Food) 0902 China (CN) Pesticide residues 20 7 Aubergines (Solanum melongena) (Food – fresh or chilled) 07093000 Dominican Republic (DO) Pesticide residues 20 8 Dominican Republic (DO) Pesticide residues 50 20 ex07108059 20 (Food – fresh, chilled or frozen) 10 ex07102200 10 9 Egypt (EG) Pesticide residues 20 (Food – fresh, chilled or frozen) 20 20 10 Georgia (GE) Aflatoxins 20 70 70 70 70 40 05; 06 33 23 30 30 30 20 30 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 40 (Food) 20 11 Palm oil (Food) Ghana (GH) Sudan dyes 50 90 12 Curry leaves (Bergera/Murraya koenigii) (Food – fresh, chilled, frozen or dried) ex12119086 10 India (IN) Pesticide residues 50 13 Okra (Food – fresh, chilled or frozen) 20 India (IN) Pesticide residues 20 30 14 Beans (Vigna spp., Phaseolus spp.) (Food – fresh or chilled) 070820 Kenya (KE) Pesticide residues 10 15 Chinese celery (Apium graveolens) (Food – fresh or chilled herb) ex07094000 20 Cambodia (KH) Pesticide residues 50 16 Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) (Food – fresh, chilled or frozen vegetables) 10 Cambodia (KH) Pesticide residues 50 10 17 Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by vinegar or acetic acid) ex20019097 11; 19 Lebanon (LB) Rhodamine B 50 18 Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by brine or citric acid, not frozen) ex20059980 93 Lebanon (LB) Rhodamine B 50 19 Madagascar (MG) Aflatoxins 50 (Food and feed) 20 20 Jackfruit (Artocarpus heterophyllus) (Food – fresh) ex08109020 20 Malaysia (MY) Pesticide residues 50 21 Sesamum seeds (Food) Nigeria (NG) Salmonella 50 40 40 22 Spice mixes (Food) 09109110; 09109190 Pakistan (PK) Aflatoxins 50 23 Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) 10 Sierra Leone (SL) Aflatoxins 50 10 50 24 Senegal (SN) Aflatoxins 50 (Food and feed) 20 25 Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by vinegar or acetic acid) ex20019097 11; 19 Syria (SY) Rhodamine B 50 26 Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by brine or citric acid, not frozen) ex20059980 93 Syria (SY) Rhodamine B 50 27 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex07096099; 20 Thailand (TH) Pesticide residues 20 ex07108059 20 28 Turkey (TR) Aflatoxins 5 70 70 70 70 40 05; 06 33 23 30 30 30 20 30 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 40 (Food) 20 29 Lemons (Citrus limon, Citrus limonum) (Food – fresh, chilled or dried) Turkey (TR) Pesticide residues 20 30 Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids (Food – fresh or dried) 080521; 080522; 080529 Turkey (TR) Pesticide residues 20 31 Oranges (Food – fresh or dried) 080510 Turkey (TR) Pesticide residues 20 32 Pomegranates (Food – fresh or chilled) ex08109075 30 Turkey (TR) Pesticide residues 20 33 Turkey (TR) Pesticide residues 20 (Food – fresh, chilled or frozen) 20 ex07108059 20 34 Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (Food) ex12129995 20 Turkey (TR) Cyanide 50 35 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 20 Uganda (UG) Pesticide residues 50 20 36 United States (US) Aflatoxins 20 (Food and feed) 20 37 Uzbekistan (UZ) Sulphites 50 (Food) 38 72 Vietnam (VN) Pesticide residues 50 20 30 (Food – fresh or chilled herbs) 40 39 Okra (Food – fresh, chilled or frozen) 20 Vietnam (VN) Pesticide residues 50 30 40 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 20 Vietnam (VN) Pesticide residues 50 20
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved
20081191; 20081196; 20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Black pepper (Piper nigrum)
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved
20081191; 20081196; 20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved
20081191; 20081196; 20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Sweet peppers (Capsicum annuum)
07096010; 07108051
Peppers of the genus Capsicum (other than sweet)
ex07096099;
Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)
ex07082000;
Sweet peppers (Capsicum annuum)
07096010; 07108051
Peppers of the genus Capsicum (other than sweet)
ex07096099;
ex07108059
Hazelnuts (Corylus sp.), in shell
08022100
Hazelnuts (Corylus sp.), shelled
08022200
Mixtures of nuts or dried fruits containing hazelnuts
ex08135039;
ex08135091;
ex08135099
Hazelnut paste
ex20071010;
ex20071099;
ex20079939;
ex20079950;
ex20079997;
Hazelnuts, otherwise prepared or preserved, including mixtures
ex20081912;
ex20081919;
ex20081992;
ex20081995;
ex20081999;
ex20089712;
ex20089714;
ex20089716
ex20089718
ex20089732;
ex20089734;
ex20089736;
ex20089738;
ex20089751;
ex20089759;
ex20089772;
ex20089774;
ex20089776;
ex20089778;
ex20089792;
ex20089793;
ex20089794;
ex20089796;
ex20089797;
ex20089798;
Flour, meal and powder of hazelnuts
ex11063090
Hazelnut oil
ex15159099
15111090;
15119011;
ex15119019;
15119099
ex07099990;
ex07108095
ex07082000;
ex07102200
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved
20081191; 20081196; 20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
12074090
ex20081919
ex20081999
ex12077000;
ex12089000;
ex20089999
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved
20081191; 20081196; 20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Hazelnuts (Corylus sp.), in shell
08022100
Hazelnuts (Corylus sp.), shelled
08022200
Mixtures of nuts or dried fruits containing hazelnuts
ex08135039;
ex08135091;
ex08135099
Hazelnut paste
ex20071010;
ex20071099;
ex20079939;
ex20079950;
ex20079997
Hazelnuts, otherwise prepared or preserved, including mixtures
ex20081912;
ex20081919;
ex20081992;
ex20081995;
ex20081999;
ex20089712;
ex20089714;
ex20089716;
ex20089718;
ex20089732;
ex20089734;
ex20089736;
ex20089738;
ex20089751;
ex20089759;
ex20089772;
ex20089774;
ex20089776;
ex20089778;
ex20089792;
ex20089793;
ex20089794;
ex20089796;
ex20089797;
ex20089798;
Flour, meal and powder of hazelnuts
ex11063090
Hazelnut oil
ex15159099
08055010
Sweet peppers (Capsicum annuum)
07096010; 07108051;
Peppers of the genus Capsicum (other than sweet)
ex07096099;
ex07096099;
ex07108059
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved
20081191; 20081196; 20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Dried apricots
08131000
Apricots, otherwise prepared or preserved
200850
Coriander leaves
ex07099990
Basil (holy, sweet)
ex12119086
Mint
ex12119086
Parsley
ex07099990
ex07099990;
ex07108095
ex07096099;
ex07108059
ANNEX II Food and feed from certain third countries subject to special conditions for the entry into the Union due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and to microbiological contamination
1. Food and feed of non-animal origin referred to in Article 1(1)(b)(i) Row Food and feed (intended use) CN code TARIC sub-division Country of origin Hazard Frequency of identity and physical checks (%) 1 Argentina (AR) Aflatoxins 5 40 40 50 40 40 40 50 (Food and feed) 20 2 Azerbaijan (AZ) Aflatoxins 20 70 70 70 70 40 05; 06 33 23 30 30 30 20 30 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 40 (Food) 20 3 (Food) ex14049000 10 Bangladesh (BD) Salmonella 50 4 Brazil (BR) Aflatoxins 50 (Food) 20 20 20 20 5 Egypt (EG) Aflatoxins 20 40 40 50 40 40 40 50 (Food and feed) 20 6 Ethiopia (ET) Aflatoxins 50 (Food – dried spices) 7 Sesamum seeds (Food) Ethiopia (ET) Salmonella 50 40 40 8 Ghana (GH) Aflatoxins 50 40 40 50 40 40 40 50 (Food and feed) 20 9 Gambia (GM) Aflatoxins 50 40 40 50 40 40 40 50 (Food and feed) 20 10 Nutmeg (Myristica fragrans) (Food – dried spices) Indonesia (ID) Aflatoxins 20 11 Betel leaves (Piper betle L.) (Food) ex14049000 10 India (IN) Salmonella 10 12 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) India (IN) Aflatoxins 20 11; 19 20 10; 90 94 13 Nutmeg (Myristica fragrans) (Food – dried spices) 09081100; 09081200 India (IN) Aflatoxins 20 14 India (IN) Aflatoxins 50 40 40 50 40 40 40 50 (Food and feed) 20 15 Guar gum (Food and feed) ex13023290 10 India (IN) Pentachlorophenol and dioxins 5 16 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 20 India (IN) Pesticide residues 10 20 17 Sesamum seeds (Food and feed) India (IN) Salmonella Pesticide residues 20 50 40 40 18 Iran (IR) Aflatoxins 50 60 60 60 60 30 03; 04 32 22 20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 (Food) 50 19 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) Sri Lanka (LK) Aflatoxins 50 20 11; 19 10; 90 94 20 Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) 10 Nigeria (NG) Aflatoxins 50 10 50 21 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) 20 Pakistan (PK) Pesticide residues 20 20 22 Sudan (SD) Aflatoxins 50 40 40 50 40 40 40 50 (Food and feed) 20 23 Sesamum seeds (Food) Sudan (SD) Salmonella 50 40 40 24 Turkey (TR) Aflatoxins 20 50 50 20 01; 02 31 21 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 10 10 10 10 60 95 60 60 25 Turkey (TR) Aflatoxins 50 60 60 60 60 30 03; 04 32 22 20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 (Food) 50 26 Vine leaves (Food) ex20089999 11; 19 Turkey (TR) Pesticide residues 50 27 Sesamum seeds (Food) Uganda (UG) Salmonella 20 40 40 28 Pitahaya (dragon fruit) (Food – fresh or chilled) ex08109020 10 Vietnam (VN) Pesticide residues 10
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures
20081191; 20081196; 20081198;
ex20081912;
ex20081913;
ex20081919;
ex20081992;
ex20081993;
ex20081995;
ex20081999
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Hazelnuts (Corylus sp.), in shell
08022100
Hazelnuts (Corylus sp.), shelled
08022200
Mixtures of nuts or dried fruits containing hazelnuts
ex08135039;
ex08135091;
ex08135099
Hazelnut paste
ex20071010;
ex20071099;
ex20079939;
ex20079950;
ex20079997
Hazelnuts, otherwise prepared or preserved, including mixtures
ex20081912;
ex20081919;
ex20081992;
ex20081995;
ex20081999;
ex20089712;
ex20089714;
ex20089716;
ex20089718;
ex20089732;
ex20089734;
ex20089736;
ex20089738;
ex20089751;
ex20089759;
ex20089772;
ex20089774;
ex20089776;
ex20089778;
ex20089792;
ex20089793;
ex20089794;
ex20089796;
ex20089797;
ex20089798;
Flour, meal and powder of hazelnuts
ex11063090
Hazelnut oil
ex15159099
Foodstuffs containing or consisting of betel leaves (Piper betle)
Brazil nuts in shell
08012100
Mixtures of nuts or dried fruits containing Brazil nuts in shell
ex08135031;
ex08135039;
ex08135091;
ex08135099
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures
20081191; 20081196; 20081198;
ex20081912;
ex20081913;
ex20081919;
ex20081992;
ex20081993;
ex20081995;
ex20081999
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta
0904
Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
0910
12074090
ex20081919
ex20081999
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures
20081191; 20081196; 20081198;
ex20081912;
ex20081913;
ex20081919;
ex20081992;
ex20081993;
ex20081995;
ex20081999
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures
20081191; 20081196; 20081198;
ex20081912;
ex20081913;
ex20081919;
ex20081992;
ex20081993;
ex20081995;
ex20081999
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
09081100;
09081200
09042110;
ex09042200;
ex09042190;
ex20059910;
ex20059980
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures
20081191; 20081196; 20081198;
ex20081912;
ex20081913;
ex20081919;
ex20081992;
ex20081993;
ex20081995;
ex20081999
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
ex07096099;
ex07108059
12074090
ex20081919
ex20081999
Pistachios, in shell
08025100
Pistachios, shelled
08025200
Mixtures of nuts or dried fruits containing pistachios
ex08135039;
ex08135091;
ex08135099
Pistachio paste
ex20071010;
ex20071099;
ex20079939;
ex20079950;
ex20079997
Pistachios, prepared or preserved, including mixtures
ex20081913;
ex20081993;
ex20089712;
ex20089714;
ex20089716;
ex20089718;
ex20089732;
ex20089734;
ex20089736;
ex20089738;
ex20089751;
ex20089759;
ex20089772;
ex20089774;
ex20089776;
ex20089778;
ex20089792;
ex20089793;
ex20089794;
ex20089796;
ex20089797;
ex20089798
Flour, meal and powder of pistachios
ex11063090
09042110;
ex09042190;
ex09042200;
ex20059910;
ex20059980
ex12077000;
ex12089000;
ex20089999
ex07096099;
ex07108059
Groundnuts (peanuts), in shell
12024100
Groundnuts (peanuts), shelled
12024200
Peanut butter
20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures
20081191; 20081196; 20081198;
ex20081912;
ex20081913;
ex20081919;
ex20081992;
ex20081993;
ex20081995;
ex20081999
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil
23050000
Groundnut flours and meals
ex12089000
12074090
ex20081919
ex20081999
Dried figs
08042090
Mixtures of nuts or dried fruits containing figs
ex08135099
Dried fig paste
ex20071010;
ex20071099;
ex20079939;
ex20079950;
ex20079997
Dried figs, prepared or preserved, including mixtures
ex20081912;
ex20081914;
ex20089716;
ex20089718;
ex20089732;
ex20089734;
ex20089736;
ex20089738;
ex20089751;
ex20089759;
ex20089772;
ex20089774;
ex20089776;
ex20089778;
ex20089792;
ex20089793;
ex20089794;
ex20089796;
ex20089797;
ex20089798;
ex20089928;
ex20089934;
ex20089937;
ex20089940;
ex20089949;
ex20089967;
ex20089999
Flour, meal and powder of dried figs (Food)
ex11063090
Pistachios, in shell
08025100
Pistachios, shelled
08025200
Mixtures of nuts or dried fruits containing pistachios
ex08135039;
ex08135091;
ex08135099
Pistachio paste
ex20071010;
ex20071099;
ex20079939;
ex20079950;
ex20079997
Pistachios, prepared or preserved, including mixtures
ex20081913;
ex20081993;
ex20089712
ex20089714;
ex20089716;
ex20089718;
ex20089732;
ex20089734;
ex20089736;
ex20089738;
ex20089751;
ex20089759;
ex20089772;
ex20089774;
ex20089776;
ex20089778;
ex20089792;
ex20089793;
ex20089794;
ex20089796;
ex20089797;
ex20089798
Flour, meal and powder of pistachios
ex11063090
12074090
ex20081919
ex20081999
2. Food referred to in Article 1(1)(b)(ii) Row Food consisting of two or more ingredients, containing any of the individual products listed in the table in point 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of products listed CN code Description 1 ex170490 Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated 2 ex1806 Chocolate and other food preparations containing cocoa 3 ex1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa, communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
ANNEX IIa Food and feed from certain third countries subject to suspension of entry into the Union referred to in Article 11a
Row Food and feed (intended use) CN code TARIC sub-division Country of origin Hazard 1 (Food) Nigeria (NG) Pesticide residues
Foodstuffs consisting of dried beans
07133500
07133900
07139000
ANNEX IV MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED
NOTES FOR THE COMPLETION OF THE MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED General
To positively select any option, please tick or mark the relevant box with a cross (X). Only one of the options may be selected in boxes I.18, I.20. Select among points II.2.1, II.2.2, II.2.3 and II.2.4, the point(s) corresponding to the category of product and the hazard(s) for which the certification is given. Unless otherwise indicated, all boxes are compulsory. If the consignee, the entry border control post (BCP) or the transport details (that is to say, the means and date) change after the certificate has been issued, the operator responsible for the consignment must advise the competent authority of the Member State of entry. Such a change shall not result in a request for a replacement certificate. In case the certificate is submitted in the information management system for official controls (IMSOC), the following applies: In case the official certificate is not submitted in the IMSOC, the statements which are not relevant must be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate. PART I – DESCRIPTION OF CONSIGNMENT Box Description Country Indicate the name of the third country issuing the certificate. I.1 Consignor/Exporter Indicate the name and address, country and ISO country code, of the natural or legal person dispatching the consignment. This person shall be established in a third country, except for the re-entry of consignments originating in the Union. I.2 Certificate reference Indicate the unique alphanumeric code assigned by the competent authority of the third country. This box is not compulsory for certificates submitted in the IMSOC. Repeated in box II.a I.2a IMSOC reference This is the unique alphanumeric code assigned by the IMSOC. Repeated in box II.b This box shall not be completed if the certificate is not submitted in the IMSOC. I.3 Central competent authority Indicate the name of the central authority in the third country issuing the certificate. I.4 Local competent authority Indicate, if applicable, the name of the local authority in the third country issuing the certificate. I.5 Consignee/Importer Indicate the name and address of the natural or legal person to whom the consignment is destined in the Member State of destination. I.6 Operator responsible for the consignment Indicate the name and address, country and ISO country code, of the natural or legal person in the Member State in charge of the consignment when presented at the Border Control Post (BCP) who makes the necessary declarations to the competent authorities as the importer or on behalf of the importer. This operator may be the same as indicated in box I.5. This box is optional. I.7 Country of origin Indicate the name and ISO country code of the country where the goods originate from, were grown, harvested or produced for food and feed listed in the Annexes due to a possible risk of contamination by mycotoxins, including aflatoxins, or by plant toxins, or due to possible non-compliance with the maximum allowed levels of pesticide residues. Indicate the name and ISO country code of the country where the goods were produced, manufactured or wrapped for food and feed listed in the Annexes due to the risk of presence of Salmonella or due to other hazards than those specified in the first paragraph. I.8 Region of origin Not applicable. I.9 Country of destination Indicate the name and ISO country code of Member State of destination of the products. I.10 Region of destination Not applicable. I.11 Place of dispatch Indicate the name and address, country and ISO country code of the establishment(s) from where the products come from. Where required by Union legislation, indicate its registration or approval number. For other products: any unit of a company in the food or feed sector. Only the establishment shipping the products is to be named. In the case of trade involving more than one third country (triangular trade), the place of dispatch is the last third-country establishment of the export chain from which the final consignment is transported to the Union. I.12 Place of destination Indicate the name and address, country and ISO country code, of the place where the consignment is being delivered for final unloading. Where applicable, also indicate the registration or approval number of the establishment of destination. I.13 Place of loading Not applicable. I.14 Date and time of departure Indicate the date when the means of transport departs (aircraft, vessel, railway or road vehicle). I.15 Means of transport Select one or more of the following means of transport for goods leaving the country of dispatch, and indicate its identification: In the case of a ferry, tick vessel and identify the road vehicle(s) with registration number (with trailer number, if applicable), in addition to the name and number of the scheduled ferry. I.16 Entry Border Control Post Indicate the name of the BCP of entry into the Union for certificates not submitted in the IMSOC or select the name of the BCP of entry into the Union and its unique alphanumeric code assigned by the IMSOC. I.17 Accompanying documents Indicate the type of required document: analytical report/results of sampling and analyses referred to in Article 10 of Implementing Regulation (EU) 2019/1793, and indicate the unique code of required accompanying documents and country of issue. Other documents: indicate the type and reference number of document when a consignment is accompanied by other documents such as commercial documents (for example, the airway bill number, the bill of lading number or the commercial number of the train or road vehicle). I.18 Transport conditions Indicate the category of required temperature during the transport of products (ambient, chilled, frozen). I.19 Container number/Seal number Where applicable, indicate the container number and seal number (more than one possible). The container number must be provided if the goods are transported in closed containers. Only the official seal number must be stated. An official seal applies if a seal is affixed to the container, truck or rail wagon under the supervision of the competent authority issuing the certificate. I.20 Certified as or for Select the intended use of goods as specified in the relevant Union legislation: Feedstuffs: concerns only products intended for animal feed. Products for human consumption: concerns only products intended for human consumption for which an official certificate is required by Union legislation. I.21 For transit Not applicable. I.22 For internal market Tick this box where consignments are intended to be placed on the Union market. I.23 For re-entry Not applicable. I.24 Total number of packages Indicate the total number of packages in the consignment, where appropriate: In the case of bulk consignments, this box is optional. I.25 Total quantity Not applicable. I.26 Total net weight/gross weight (kg) The total net weight is the mass of goods themselves, without immediate containers or any packaging. It is automatically calculated by the IMSOC on the basis of the information entered in box I.27. The declared net weight of glazed food shall be exclusive of the glaze. Indicate the total gross weight, i.e. the aggregate mass of the goods, plus immediate containers and all their packaging, but excluding transport containers and other transport equipment. I.27 Description of consignment Indicate the relevant Harmonised System (HS) code and the title defined by the World Customs Organisation as referred to in Council Regulation (EEC) No 2658/87. This customs description shall be supplemented, if necessary, by additional information required to classify the products. In addition, state any specific requirements relating to the nature/processing of the products as defined in the relevant Union legislation. Indicate the species, and approval number of establishments when applicable together with ISO country code, number of packages, type of packaging, batch number, and net weight. Tick final consumer where products are packaged for final consumers. Species: indicate the scientific name or as defined in accordance with Union legislation. Type of packaging: identify the type of packaging according to the definition given in Recommendation No 21 of UN/CEFACT (United Nations Centre for Trade Facilitation and Electronic Business). PART II – Certification Box Description Country Indicate the name of the third country issuing the certificate. Certificate model This box refers to the specific title of each model of certificate. II Health information This box refers to the specific Union health requirements applicable to the nature of the products and as defined in the equivalence agreements with certain third countries or in other Union legislation, such as that for certification. II.2a Certificate reference This is the unique alphanumeric code indicated in box I.2. II.2b IMSOC reference This is the unique alphanumeric code indicated in box I.2a Certifying officer This box refers to the signature of the certifying officer as defined in point (26) of Article 3 of Regulation (EU) 2017/625. Indicate the name in capital letters, qualification and title, where applicable, of the signatory, and the name and original stamp of the competent authority the signatory is attached to and date of signature.
the statements which are not relevant are crossed out,
the entries or boxes specified in Part I constitute the data dictionaries for the electronic version of the official certificate,
the sequences of boxes in Part I of the model official certificate and the size and shape of those boxes are indicative,
where a stamp is required, its electronic equivalent is an electronic seal.
aircraft (indicate the flight number);
vessel (indicate the vessel name and number);
railway (indicate the train identity and wagon number);
road vehicle (indicate the registration number with trailer number, if applicable).
Versions
Cited by
- Commission Implementing Regulation (EU) 2023/1110 of 6 June 2023 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (Text with EEA relevance) Regulation · Grade B
Pistachios and derived products from Türkiye are listed in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 because of a possible contamination by aflatoxins with a frequency of identity and physical checks set at 50 % of consignments entering the Union. Pistachios and derived products from the United States were delisted from Implementing Regulation (EU) 2019/1793 by Commission Implementing Regulation (EU) 2021/1900 as the results of official controls performed by the Member States indicated an overall satisfactory degree of compliance with the relevant requirements provided for