Commission Implementing Regulation (EU) 2021/2246 of 15 December 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/2021/2246@2021-12-15/en
Contents
- Preamble
- Article 1
- 1.
- 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
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), point (b)(ii), 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), point (b), and Article 54(4), points (a) and (b), 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, and on the imposition of special conditions governing the entry into the Union of certain consignments of 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.
(2) Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in Annexes I and II to that Implementing Regulation are to be reviewed at regular intervals not exceeding 6 months, in order to take into account new information related to risks to human health and non-compliance with Union legislation, such as the data resulting from notifications received through the rapid alert system established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks communicated by the Member States to the Commission.
(3) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed (RASFF) indicating the existence of a serious direct or indirect risk to human health deriving from food or feed, 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 first semester of 2021 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.
(4) Groundnuts and products produced from groundnuts from Argentina have been subject to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Those results provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. As a consequence, it is not necessary to continue to provide that each consignment is accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry concerning groundnuts from Argentina in Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 5 % of consignments entering the Union.
(5) Hazelnuts and products produced from hazelnuts from Azerbaijan have been subject to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Those results provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. As a consequence, it is not necessary to continue to provide that each consignment has been accompanied by an official certificate stating that all results of sampling and analysis show compliance with the Regulation (EC) No 396/2005. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry concerning hazelnuts from Azerbaijan in Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 20 % of consignments entering the Union.
(6) Black pepper (Piper nigrum) from Brazil has 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.
(7) It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of black pepper (Piper nigrum) from Brazil. In particular, all consignments of black pepper from Brazil should be accompanied by an official certificate stating that all results of sampling and analysis show the absence of Salmonella in 25 g. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on black pepper from Brazil in Annex I to Implementing Regulation (EU) 2019/1793 should be transferred to Annex II to that Implementing Regulation with a frequency of identity and physical checks set at 50 % of consignments entering the Union.
(8) In relation to consignments of Galia melons (Cucumis melo var. reticulatus) from Honduras, 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 Salmonella Braenderup. It is therefore necessary to require an increased level of official controls on entries of those commodities from Honduras. Such commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.
(9) Sweet peppers (Capsicum annum) from China have been subjected to an increased level of official controls due to the risk of contamination by Salmonella since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 20 % of consignments entering the Union is no longer justified for this commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in Annex I to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 10 % of consignments entering the Union.
(10) Aubergines (Solanum melongena) from the Dominican Republic have been subject to an increased level of official controls due to the risk of contamination by pesticide residues 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.
(11) It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to aubergines (Solanum melongena) from the Dominican Republic. In particular, all consignments of that commodity from the Dominican Republic should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on aubergines (Solanum melongena) from the Dominican Republic in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks maintained at 50 % of consignments entering the Union.
(12) Peppers of the genus Capsicum and Yardlong beans from the Dominican Republic have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2010. 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.
(13) It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to peppers of the genus Capsicum and Yardlong beans from the Dominican Republic. In particular, all consignments of peppers of the genus Capsicum and Yardlong beans from the Dominican Republic should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on peppers of the genus Capsicum and Yardlong beans from the Dominican Republic in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks maintained at 50 %.
(14) In relation to consignments of drumsticks (Moringa oleifera) from India, 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. It is therefore necessary to require an increased level of official controls on entries of this commodity from India. Such commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.
(15) In relation to consignments of peppers of the genus Capsicum (other than sweet) from India, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex II to Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 20 %.
(16) In relation to consignments of rice from India and Pakistan, 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 aflatoxins and ochratoxine A. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of those commodities from India and Pakistan should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.
(17) In relation to consignments of gotukola (Centella asiatica) and mukunuwenna (Alternanthera sessilis) from Sri Lanka, 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. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of those commodities from Sri Lanka should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.
(18) Hazelnuts and products produced from hazelnuts from Turkey have been subject to an increased level of official controls due to the risk of contamination by aflatoxins April 2021. The official controls carried out on those foodstuffs by the Member States indicate 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.
(19) In relation to consignments of grapefruits 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. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of that commodity from Turkey should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.
(20) Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2020. 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.
(21) It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to mandarins and oranges from Turkey. In particular, all consignments of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on mandarins and oranges from Turkey in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation with a frequency of identity and physical checks raised to 20 %.
(22) In relation to consignments of cumin seeds and dried oregano 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 pyrrolizidine alkaloids. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of these commodities from Turkey should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.
(23) In relation to pitahaya (dragon fruit) from Vietnam, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex II to Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 20 %.
(24) The risk arising from contamination of groundnuts by aflatoxins is associated as well with groundnuts paste. Therefore to ensure efficient protection against potential health risks arising from contamination of groundnuts paste by aflatoxins, in the columns referring to Food and feed (intended use) and CN code in Annex I and in Table 1 of Annex II to Implementing Regulation (EU) 2019/1793, the category groundnuts paste and relevant CN codes for groundnuts paste should be added for the entries relating to groundnuts for Argentina, Bolivia, Brazil, China, Madagascar, Senegal and for the United States in Annex I and for Egypt, Ghana, Gambia, India and Sudan in Annex II.
(25) Sesamum seeds from India have been subjected to an increased level of official controls in view of a risk of contamination by pesticide residues including ethylene oxide since October 2020. The official controls carried out by Member States and available information show improvement in compliance with the relevant requirements in Union legislation regarding pesticide residues other than ethylene oxide. Therefore, an increased level of official controls of consignments of sesamum seed for the possible contamination with pesticide residues that can be analysed with multi-residues methods is no longer necessary for this commodity. Therefore the corresponding entry in Annex II to Implementing Regulation (EU) 2019/1793 should be modified accordingly.
(26) 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 ethylene oxide, requiring an increased level of official controls. Ethylene oxide is classified as a mutagen, category 1B, a carcinogen, category 1B, and a reproductive toxicant, category 1B, in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council. Moreover, ethylene oxide is not approved as an active substance for use in plant protection products in the Union.
(27) In relation to consignments of locust beans (carob), mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds from Morocco, spice paste from Mexico and peppers of the genus Capsicum (other than sweet) from Uganda, results from official controls performed by Member States show occurrences of contamination by ethylene oxide.
(28) Therefore, in order to ensure efficient protection against potential health risks arising from contamination of those commodities, consignments of locust beans (carob), mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds from Morocco, spice paste from Mexico and peppers of the genus Capsicum (other than sweet) from Uganda should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.
(29) Taking into account the number of RASFF notifications received, it is appropriate to provide for special conditions for consignments of xanthan gum from China, locust beans (including mucilages and thickeners derived from locust beans), Guar gum, several spices, Calcium carbonate and food supplements containing botanicals from India, food supplements containing botanicals and instant noodles from South Korea, locust beans (including mucilages and thickeners derived from locust beans) from Malaysia and Turkey, and instant noodles from Vietnam. Due to the contamination risk by ethylene oxide, consignments of those products should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of ethylene oxide for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793. The results of the sampling and analysis should be attached to that certificate. Therefore, entries of consignments of xanthan gum from China, locust beans (including mucilages and thickeners derived from locust beans), Guar gum, several spices, Calcium carbonate and food supplements containing botanicals from India, food supplements containing botanicals and instant noodles from South Korea, locust beans (including mucilages and thickeners derived from locust beans) from Malaysia and Turkey, and instant noodles from Vietnam should be included in Annex II to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 %.
(30) In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Implementing Regulation (EU) 2019/1793 in their entirety by the text set out in the Annex to this Regulation.
(31) It is appropriate to provide for a transitional period for consignments of black pepper (Piper nigrum) from Brazil, of aubergines (Solanum melongena), of sweet peppers (Capsicum annuum), of peppers of the genus Capsicum (other than sweet) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from the Dominican Republic and of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey, which are not accompanied by an official certificate, but which were already subject to official controls at the border control post in accordance with Union legislation in force at the time.
(32) Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.
(33) 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
1. Article 14 is replaced by the following:
Article 1
1.
Article 14 Transitional period
Consignments of black pepper (Piper nigrum) from Brazil, of aubergines (Solanum melongena), of sweet peppers (Capsicum annuum), of peppers of the genus Capsicum (other than sweet) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from the Dominican Republic and of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey, which were already subject to increased official controls before the entry into force of this Regulation, may be authorised to entry into the Union until 26 January 2022 without being accompanied by an official certificate and the results of sampling and analysis.;
Article 1
2. Annexes I and II are replaced by the text set out in the Annex to this Regulation.
Article 2
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, 15 December 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 Country of origin Food and feed (intended use) CN code TARIC sub-division Hazard Frequency of identity and physical checks (%) 1 Argentina (AR) Aflatoxins 5 40 40 50 40 40 40 50 20 80 50 07; 08 2 Azerbaijan (AZ) Aflatoxins 20 70 ex08135091; 70 ex08135099 70 70 ex20071099; 40 ex20079939; 05; 06 ex20079950; 33 ex20079997 23 30 ex20081919; 30 ex20081992; 30 ex20081995; 20 ex20081999; 30 ex20089712; 15 ex20089714; 15 ex20089716; 15 ex20089718; 15 ex20089732; 15 ex20089734; 15 ex20089736; 15 ex20089738; 15 ex20089751; 15 ex20089759; 15 ex20089772; 15 ex20089774; 15 ex20089776; 15 ex20089778; 15 ex20089792; 15 ex20089793; 15 ex20089794; 15 ex20089796; 15 ex20089797; 15 ex20089798; 15 40 (Food) 20 3 Bolivia (BO) Aflatoxins 50 20 (Food and feed) 80 50 07; 08 4 Brazil (BR) Aflatoxins 10 Pesticide residues 20 20 (Food and feed) 80 50 07; 08 5 China (CN) Aflatoxins 10 20 (Food and feed) 80 50 07; 08 Sweet peppers (Capsicum annuum) (Food – crushed or ground) ex09042200 11 Salmonella 10 Tea, whether or not flavoured (Food) 0902 Pesticide residues 20 6 Egypt (EG) Pesticide residues 20 (Food – fresh, chilled or frozen) 20 20 7 Georgia (GE) Aflatoxins 20 70 ex08135091; 70 ex08135099 70 70 ex20071099; 40 ex20079939; 05; 06 ex20079950; 33 ex20079997 23 30 ex20081919; 30 ex20081992; 30 ex20081995; 20 ex20081999; 30 ex20089712; 15 ex20089714; 15 ex20089716; 15 ex20089718; 15 ex20089732; 15 ex20089734; 15 ex20089736; 15 ex20089738; 15 ex20089751; 15 ex20089759; 15 ex20089772; 15 ex20089774; 15 ex20089776; 15 ex20089778; 15 ex20089792; 15 ex20089793; 15 ex20089794; 15 ex20089796; 15 ex20089797; 15 ex20089798; 15 40 (Food) 20 8 Ghana (GH) Palm oil (Food) 15111090; Sudan dyes 50 15119011; ex15119019; 90 15119099 9 Honduras (HN) Galia melon (C.melo var.reticulatus) (Food) 60 70 Salmonella Braenderup 10 10 India (IN) Curry leaves (Bergera/Murraya koenigii) (Food – fresh, chilled, frozen or dried) ex12119086 10 Pesticide residues 50 Okra (Food – fresh, chilled or frozen) ex07099990; ex07108095 20 30 Pesticide residues 20 Drumsticks (Moringa oleifera) (Food) ex07099990 Pesticide residues 10 Aflatoxins and Ochratoxine A 10 (Food) 11 Kenya (KE) Beans (Vigna spp., Phaseolus spp.) (Food – fresh or chilled) 070820 Pesticide residues 10 12 Cambodia (KH) Chinese celery (Apium graveolens) (Food – fresh or chilled herb) ex07094000 20 Pesticide residues 50 Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) (Food – fresh, chilled or frozen vegetables) ex07082000; ex07102200 10 10 Pesticide residues 50 13 Lebanon (LB) Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by vinegar or acetic acid) ex20019097 11; 19 Rhodamine B 50 Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by brine or citric acid, not frozen) ex20059980 93 Rhodamine B 50 14 Sri Lanka (LK) (Food) 25 Pesticide residues 10 (Food) 35 Pesticide residues 10 15 Morocco (MA) Pesticide residues 10 16 Madagascar (MG) Aflatoxins 50 20 (Food and feed) 80 50 07; 08 17 Mexico (MX) Tomato ketchup and other tomato sauces (Food) 21032000 Pesticide residues 10 18 Malaysia (MY) Jackfruit (Artocarpus heterophyllus) (Food – fresh) ex08109020 20 Pesticide residues 50 19 Nigeria (NG) Sesamum seeds (Food) Salmonella 50 40 40 20 Pakistan (PK) Spice mixes (Food) 09109110; 09109190 Aflatoxins 50 Aflatoxins and Ochratoxin A 10 (Food) 21 Sierra Leone (SL) Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) ex12077000; ex12089000; ex20089999 10 10 50 Aflatoxins 50 22 Senegal (SN) Aflatoxins 50 20 (Food and feed) 80 50 07; 08 23 Syria (SY) Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by vinegar or acetic acid) ex20019097 11; 19 Rhodamine B 50 Turnips (Brassica rapa ssp. rapa) (Food – prepared or preserved by brine or citric acid, not frozen) ex20059980 93 Rhodamine B 50 24 Thailand (TH) Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pesticide residues 20 25 Turkey (TR) Lemons (Citrus limon, Citrus limonum) (Food – fresh, chilled or dried) 08055010 Pesticide residues 20 Grapefruits (Food) 08054000 Pesticide residues 10 Pomegranates (Food – fresh or chilled) ex08109075 30 Pesticide residues 20 (Food – fresh, chilled or frozen) Pesticide residues 20 20 20 Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (Food) ex12129995 20 Cyanide 50 Pyrrolizidine alkaloids 10 (Food) (Food) ex12119086 ex12119086 10 40 Pyrrolizidine alkaloids 10 26 Uganda (UG) Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pesticide residues 50 Pesticide residues 10 27 United States (US) Aflatoxins 20 20 (Food and feed) 80 50 07; 08 28 Uzbekistan (UZ) (Food) Sulphites 50 29 Vietnam (VN) 72 Pesticide residues 50 20 30 (Food – fresh or chilled herbs) 40 Okra (Food – fresh, chilled or frozen) ex07099990; ex07108095 20 30 Pesticide residues 50 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pesticide residues 50
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 paste (Food and feed)
ex20071010
ex20071099
ex20079939
Hazelnuts (Corylus sp.), in shell
08022100
Hazelnuts (Corylus sp.), shelled
08022200
Mixtures of nuts or dried fruits containing hazelnuts
ex08135039;
Hazelnut paste
ex20071010;
Hazelnuts, otherwise prepared or preserved, including mixtures
ex20081912;
Flour, meal and powder of hazelnuts
ex11063090
Hazelnut oil
ex15159099
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 paste
ex20071010
ex20071099
ex20079939
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 paste
ex20071010
ex20071099
ex20079939
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 paste
ex20071010
ex20071099
ex20079939
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;
Hazelnut paste
ex20071010;
Hazelnuts, otherwise prepared or preserved, including mixtures
ex20081912;
Flour, meal and powder of hazelnuts
ex11063090
Hazelnut oil
ex15159099
ex08071900; ex08071900
Rice
10061079;
Husked (brown) rice
10062017; 10062098
Semi-milled or wholly milled rice
10063098
Gotukola (Centella asiatica)
ex07099990
ex12119086
Mukunuwenna (Alternanthera sessilis)
ex07099990
Locust beans (carob)
12129200
Locust beans seeds, not decorticated, crushed or ground
12129941
Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds (Food and feed)
13023210
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 paste
ex20071010
ex20071099
ex20079939
12074090
ex20081919
ex20081999
Rice
10061079;
Husked (brown) rice
10062017; 10062098
Semi-milled or wholly milled rice
10063098
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 paste
ex20071010
ex20071099
ex20079939
Sweet peppers (Capsicum annuum)
Peppers of the genus Capsicum (other than sweet)
07096010; 07108051;
ex07096099; ex07108059
Cumin seeds
09093100
Cumin seeds crushed or ground
09093200
Dried oregano
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 paste
ex20071010
ex20071099
ex20079939
Dried apricots
Apricots, otherwise prepared or preserved
08131000
200850
Coriander leaves
ex07099990
Basil (holy, sweet)
ex12119086
Mint
ex12119086
Parsley
ex07099990
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, point (1)(b)(i) Row Country of origin Food and feed (intended use) CN code TARIC sub-division Hazard Frequency of identity and physical checks (%) 1 Bangladesh (BD) (Food) ex14049000 10 Salmonella 50 2 Brazil (BR) Aflatoxins 50 (Food) 20 20 20 20 (Food – neither crushed nor ground) ex09041100 10 Salmonella 50 3 China (CN) (Food and feed) 40 Pesticide residues 20 4 Dominican Republic (DO) Aubergines (Solanum melongena) (Food – fresh or chilled) 07093000 Pesticide residues 50 Pesticide residues 50 20 20 (Food – fresh, chilled or frozen) 10 10 5 Egypt (EG) Aflatoxins 20 40 40 50 40 40 40 50 20 (Food and feed) 80 50 07; 08 6 Ethiopia (ET) Aflatoxins 50 (Food – dried spices) Sesamum seeds (Food) Salmonella 50 40 40 7 Ghana (GH) Aflatoxins 50 40 40 50 40 40 40 50 20 (Food and feed) 80 50 07; 08 8 Gambia (GM) Aflatoxins 50 40 40 50 40 40 40 50 20 (Food and feed) 80 50 07; 08 9 Indonesia (ID) Nutmeg (Myristica fragrans) (Food – dried spices) 09081100; 09081200 Aflatoxins 20 10 India (IN) Betel leaves (Piper betle L.) (Food) ex14049000 10 Salmonella 10 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 09042110; Aflatoxins 20 ex09042200; 11; 19 ex09042190; 20 ex20059910; 10; 90 ex20059980 94 Nutmeg (Myristica fragrans) (Food – dried spices) 09081100; 09081200 Aflatoxins 20 Aflatoxins 50 40 40 50 40 40 40 50 20 (Food and feed) 80 50 07; 08 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pesticide residues 20 Sesamum seeds (Food and feed) Salmonella 20 40 Pesticide residues 50 40 Pesticide residues 20 (Food and feed) Guar gum (Food and feed) ex13023290 10 Pesticide residues 20 Pentachlorophenol and dioxins 5 Pesticide residues 20 (Food) (Food) Pesticide residues 20 Calcium carbonate (Food and feed) Pesticide residues 20 Food supplements containing botanicals (Food) Pesticide residues 20 11 Iran (IR) Aflatoxins 50 60 ex08135091; 60 ex08135099 60 60 ex20071099; 30 ex20079939; 03; 04 ex20079950; 32 ex20079997 22 20 ex20081993; 20 ex20089712; 19 ex20089714; 19 ex20089716; 19 ex20089718; 19 ex20089732; 19 ex20089734; 19 ex20089736; 19 ex20089738; 19 ex20089751; 19 ex20089759; 19 ex20089772; 19 ex20089774; 19 ex20089776; 19 ex20089778; 19 ex20089792; 19 ex20089793; 19 ex20089794; 19 ex20089796; 19 ex20089797; 19 ex20089798 19 (Food) 50 12 South Korea (KR) Food supplements containing botanicals (Food) Pesticide residues 20 Instant noodles (Food) 19023010 Pesticide residues 20 13 Sri Lanka (LK) Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 09042110; Aflatoxins 50 ex09042190; ex09042200; ex20059910; ex20059980 20 11; 19 10; 90 94 14 Malaysia (MY) Pesticide residues 20 (Food and feed) 15 Nigeria (NG) Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) ex12077000; ex12089000; ex20089999 10 10 50 Aflatoxins 50 16 Pakistan (PK) Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pesticide residues 20 17 Sudan (SD) Aflatoxins 50 40 40 50 40 40 40 50 20 (Food and feed) 80 50 07; 08 Sesamum seeds (Food) Salmonella 50 40 40 18 Turkey (TR) 50 50 ex20071099; 20 ex20079939; 01; 02 ex20079950; 31 ex20079997 21 11 ex20089714; 11 ex20089716; 11 ex20089718; 11 ex20089732; 11 ex20089734; 11 ex20089736; 11 ex20089738; 11 ex20089751; 11 Aflatoxins 20 ex20089759; 11 ex20089772; 11 ex20089774; 11 ex20089776; 11 ex20089778; 11 ex20089792; 11 ex20089793; 11 ex20089794; 11 ex20089796; 11 ex20089797; 11 ex20089798; 11 ex20089928; 10 ex20089934; 10 ex20089937; 10 ex20089940; 10 ex20089949; 60 ex20089967; 95 ex20089999 60 (Food) 60 60 ex08135091; 60 ex08135099 60 60 ex20071099; 30 ex20079939; 03; 04 ex20079950; 32 ex20079997 22 20 Aflatoxins 50 ex20081993; 20 ex20089712; 19 ex20089714; 19 ex20089716; 19 ex20089718; 19 ex20089732; 19 ex20089734; 19 ex20089736; 19 ex20089738; 19 ex20089751; 19 ex20089759; 19 ex20089772; 19 ex20089774; 19 ex20089776; 19 ex20089778; 19 ex20089792; 19 ex20089793; 19 ex20089794; 19 ex20089796; 19 ex20089797; 19 ex20089798 19 (Food) 50 Vine leaves (Food) ex20089999 11; 19 Pesticide residues 50 Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids (Food – fresh or dried) Pesticide residues 20 Oranges (Food – fresh or dried) 080510 Pesticide residues 20 Pesticide residues 20 (Food and feed) 19 Uganda (UG) Sesamum seeds (Food) Salmonella 20 40 40 20 Vietnam (VN) Pitahaya (dragon fruit) (Food – fresh or chilled) ex08109020 10 Pesticide residues 20 (Food) Pesticide residues 20
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
Black pepper (Piper nigrum)
Xanthan gum
ex39139000
Sweet peppers (Capsicum annuum)
07096010; 07108051
Peppers of the genus Capsicum (other than sweet)
ex07096099; ex07108059
Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)
ex07082000; ex07102200
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 paste
ex20071010
ex20071099
ex20079939
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 paste
ex20071010
ex20071099
ex20079939
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 paste
ex20071010
ex20071099
ex20079939
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 paste
ex20071010
ex20071099
ex20079939
12074090
ex20081919
ex20081999
Locust beans (carob)
12129200
Locust beans seeds, not decorticated, crushed or ground
12129941
Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds
13023210
Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta
0904
Vanilla
0905
Cinnamon and cinnamon-tree flowers
0906
Cloves (whole fruit, cloves and stems)
0907
Nutmeg, mace and cardamoms
0908
Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries
0909
Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
0910
Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard
2103
ex 2106 90 92/98
ex25309000
ex28365000
ex1302
ex2106
Pistachios, in shell
08025100
Pistachios, shelled
08025200
Mixtures of nuts or dried fruits containing pistachios
ex08135039;
Pistachio paste
ex20071010;
Pistachios, prepared or preserved, including mixtures
ex20081913;
Flour, meal and powder of pistachios
ex11063090
ex1302
ex2106
Locust beans (carob)
12129200
Locust beans seeds, not decorticated, crushed or ground
12129941
Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds
13023210
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 paste
ex20071010
ex20071099
ex20079939
12074090
ex20081919
ex20081999
Dried figs
08042090
Mixtures of nuts or dried fruits containing figs
ex08135099
Dried fig paste
ex20071010;
Dried figs, prepared or preserved, including mixtures
ex20089712;
Flour, meal and powder of dried figs
ex11063090
Pistachios, in shell
08025100
Pistachios, shelled
08025200
Mixtures of nuts or dried fruits containing pistachios
ex08135039;
Pistachio paste
ex20071010;
Pistachios, prepared or preserved, including mixtures
ex20081913;
Flour, meal and powder of pistachios
ex11063090
080521; 080522; 080529
Locust beans (carob)
12129200
Locust beans seeds, not decorticated, crushed or ground
12129941
Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds
13023210
12074090
ex20081919
ex20081999
Instant noodles
19023010
2. Food referred to in Article 1, point (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
Versions
Cited by
- Commission Regulation (EU) 2022/1396 of 11 August 2022 amending the Annex to Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the presence of ethylene oxide in food additives (Text with EEA relevance) Regulation · Grade B
Recently, there have been several RASFF notifications concerning findings of ethylene oxide in a number of foodstuffs, and in particular in a number of food additives used for the manufacture of a variety of foodstuffs. On the basis of those notifications and information regarding official controls performed by Member States, Commission Implementing Regulation (EU) 2021/2246 established measures as regards goods of non-animal origin entering the Union from certain third countries in order to protect human health in relation to the possible risk of contamination with ethylene oxide. However, as