Contents
- THE EUROPEAN COMMISSION, Having regard to the Treaty on th…
- 1 Amendments to Implementing Regulation (EU) 2019/1793
- 2 Repeals
- 3 Transitional measures
- 4 Entry into force
- 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
- 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 microbiological contamination
- IIa Food and feed from certain third countries subject to suspension of entry into the Union referred to in Article 11a
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 safetynote, and in particular Article 53(1)(b)(i) and (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)note, and in particular point (b) of the first subparagraph of Article 47(2) and points (a) and (b) of the first subparagraph of Article 54(4) thereof,Whereas:
(1)Commission Implementing Regulation (EU) 2019/1793note lays down rules concerning 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 Regulation and special conditions governing the entry into the Union of certain food and feed from certain third countries due to the risk of contamination by aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination, listed in Annex II to that Regulation.
(2)Certain categories of consignments of food and feed are excluded from the scope of application of Implementing Regulation (EU) 2019/1793 provided that their gross weight does not exceed 30 kg. Since hazards relate to the products themselves and not to their immediate containers or packaging, this weight limit should relate only to the products themselves. It is therefore appropriate to amend Article 1(3) of Implementing Regulation (EU) 2019/1793 to replace the reference to the gross weight therein by a reference to the net weight.
(3)Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in its Annexes I and II are to be reviewed 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.
(4)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, information regarding official controls performed by Member States on food and feed of non-animal origin, as well as the biannual reports on consignments of food and feed of non-animal origin submitted by Member States to the Commission in 2019 in accordance with Article 15 of Commission Regulation (EC) No 669/2009note, indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended.
(5)In particular, for consignments of oranges, mandarins, clementines, wilkings and similar citrus hybrids from Turkey, the data resulting from notifications received through the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to possible pesticide residues contamination, requiring an increased level of official controls. In addition, for spice mixes from Pakistan, data resulting from notifications received through the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health due to possible aflatoxin contamination, which require an increased level of official controls. Entries concerning those consignments should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793.
(6)Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States in accordance with Regulation (EC) No 669/2009 in the first semester of 2019, it is appropriate to increase the frequency of identity and physical checks to be performed on beans from Kenya and dried grapes and pomegranates from Turkey. Entries concerning those consignments in Annex I to Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.
(7)Sesamum seeds from Sudan and Uganda are already subject to an increased level of official controls as regards the presence of Salmonella since July and January 2017, respectively. The official controls carried out on those foodstuffs by the Member States show an increase of the 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.
(8)In order to protect human health in the Union, it is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to Sesamum seeds from Sudan and Uganda. In particular, all consignments of Sesamum seeds from Sudan and Uganda 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. The entries concerning Sesamum seeds from Sudan and Uganda should therefore be deleted from Annex I to Implementing Regulation (EU) 2019/1793 and included in Annex II thereto.
(9)In addition, peppers of the Capsicum species (other than sweet) from India and Pakistan are already subject to an increased level of official controls as regards the presence of pesticide residues since January 2018. That frequency rate was increased already in January 2019 from 10 % to 20 % due to a high degree of non-compliance with the relevant requirements provided for in Union legislation. The official controls carried out on these foodstuffs by the Member States show a persistent high rate of non-compliance for peppers of the Capsicum species (other than sweet) from India and an increase of the rate of non-compliance for peppers of the Capsicum species (other than sweet) from Pakistan since the increased level of official controls. Several RASFF notifications were transmitted concerning both commodities since the establishment of an increased level of official controls. Those results provide evidence that the entry of those foods into the Union constitutes a serious risk for human health.
(10)In order to protect human health in the Union, it is therefore necessary in addition to the increased level of official controls, to provide for special conditions in relation to peppers of the Capsicum species (other than sweet) from India and Pakistan. In particular, all consignments of peppers (other than sweet) from India and Pakistan should be accompanied by an official certificate stating that the products have been sampled and analysed for pesticide residues and all results show that the relevant maximum residue levels of pesticides have not been exceeded. The results of the sampling and analysis should be attached to that certificate. The entries concerning peppers of the Capsicum species (other than sweet) from India and Pakistan should therefore be deleted from Annex I to Implementing Regulation (EU) 2019/1793 and included in Annex II thereto.
(11)For curry leaves from India, the frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States has decreased. It is therefore appropriate to delete from Annex II to Implementing Regulation (EU) 2019/1793 and include in Annex I to that Regulation the entry concerning curry leaves from India. It is appropriate to increase the frequency of identity and physical checks to be performed on this commodity, given that the requirements concerning official certification and sampling and analysis for pesticide residues in the third country will be discontinued for this commodity.
(12)For raspberries from Serbia, dried apricots and apricots, otherwise prepared or preserved from Turkey and lemons from Turkey, the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in Annex I to Implementing Regulation (EU) 2019/1793 concerning those commodities should therefore be deleted.
(13)The Combined Nomenclature code indicated for Sesamum seeds in Annexes I and II to Implementing Regulation (EU) 2019/1793 includes raw and processed Sesamum seeds. It is appropriate from a risk management perspective to cover both raw and processed Sesamum seeds in Annexes I and II to Implementing Regulation (EU) 2019/1793, as in particular in the case of the countries of origin mentioned in Annexes I and II to Implementing Regulation (EU) 2019/1793, raw or processed Sesamum seeds present the same risks. All the product descriptions in Annexes I and II to Implementing Regulation (EU) 2019/1793 concerning Sesamum seeds should therefore be amended to cover both raw and processed Sesamum seeds. Additionally, in order to better align with the product description for that Combined Nomenclature code in Council Regulation (EEC) No 2658/87note, these products should be referred to in Annexes I and II to Implementing Regulation (EU) 2019/1793 as ‘Sesamum seeds’ only, and not as ‘Sesame seeds (Sesamum seeds)’.
(14)Groundnut flours and meals present the same risk as the forms of that food and feed currently listed in Annexes I and II to Implementing Regulation (EU) 2019/1793. All entries in Annexes I and II to Implementing Regulation (EU) 2019/1793 concerning groundnuts should therefore be amended to include groundnut flours and meals.
(15)Similarly, oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil present the same risk as the forms of that commodity currently listed in Annexes I and II to Implementing Regulation (EU) 2019/1793. Certain entries in Annex I to Implementing Regulation (EU) 2019/1793 concerning groundnuts do not include groundnuts in the aforementioned form. It is therefore appropriate to amend all the entries concerning groundnuts in Annex I to Implementing Regulation (EU) 2019/1793 to include oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil.
(16)The Combined Nomenclature codes indicated for peppers of the Capsicum species (sweet or other than sweet) from Sri Lanka and India respectively and for apricots, otherwise prepared or preserved from Uzbekistan should be modified in Implementing Regulation (EU) 2019/1793, in order to ensure consistency with the description for these commodities in Annexes I and II to that Regulation.
(17)In order to ensure consistency and clarity, it is appropriate to replace Annex I and Annex II to Implementing Regulation (EU) 2019/1793 in their entirety.
(18)Commission Implementing Decision 2014/88/EUnote prohibits the importation into the Union of foodstuffs containing or consisting of betel leaves originating in or consigned from Bangladesh. It was adopted following a high number of notifications issued in the RASFF due to the presence of a wide range of Salmonella strains, including Salmonella Typhimurium, found in foodstuffs containing or consisting of betel leaves (‘Piper betle’, commonly known as ‘Paan leaf’ or ‘Betel quid’) from Bangladesh.
(19)Bangladesh has not submitted a satisfactory action plan. Therefore, it cannot be concluded that the guarantees provided by Bangladesh are sufficient to address the serious risks to human health previously identified. The emergency measures established by Implementing Decision 2014/88/EU should therefore remain in place.
(20)Commission Implementing Regulation (EU) 2015/943note suspends the import into the Union of dried beans under CN codes 07133900, 07133500 and 07139000 originating from Nigeria, due to continued presence of dichlorvos. Commission Implementing Regulation (EU) 2019/1256note extended the date of application of Implementing Regulation (EU) 2015/943 until 30 June 2022, to allow Nigeria to implement the appropriate risk management measures and provide the required guarantees.
(21)The rules laid down in Implementing Regulation (EU) 2019/1793, in Implementing Decision 2014/88/EU and in Implementing Regulation (EU) 2015/943 are substantively linked, as they all concern the imposition of additional measures governing the entry into the Union of certain food and feed from certain third countries due to an identified risk and which apply depending on the gravity of the risk. It is therefore appropriate to facilitate the correct and comprehensive application of the relevant rules by establishing in a single act the provisions concerning the temporary increase of official controls on certain food and feed of non-animal origin and the respective emergency measures. Implementing Decision 2014/88/EU and Implementing Regulation (EU) 2015/943 should therefore be repealed and their provisions transferred to Implementing Regulation (EU) 2019/1793, and the latter be amended accordingly.
(22)In the interest of legal certainty, it is appropriate to provide that Member States may authorise the entry into the Union of consignments of Sesamum seeds from Sudan and Uganda and of peppers of the Capsicum species (other than sweet) from India and Pakistan which are not accompanied by an official certificate and the results of sampling and analysis if they left their country of origin or the country of dispatch if that country is different from the country of origin, before the date of entry into force of this Regulation.
(23)Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.
(24)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 1Amendments to Implementing Regulation (EU) 2019/1793#
Implementing Regulation (EU) 2019/1793 is amended as follows:
(1)Article 1 is amended as follows:
(a)in paragraph 1, the following point (ba) is inserted:
(ba)suspension of the entry into the Union of the food and feed listed in Annex IIa;’;
(b)paragraph 3 is replaced by the following:‘3.This Regulation does not apply to the following categories of consignments of food and feed referred to in points (a) and (b) of paragraph 1 unless their net weight exceeds 30 kg:
(a)consignments of food and feed sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;
(b)consignments of food and feed which form part of passengers personal luggage and are intended for personal consumption or use;
(c)non-commercial consignments of food and feed sent to natural persons which are not intended to be placed on the market;
(d)consignments of food and feed intended for scientific purposes.’;
(2)the heading of Section 3 is replaced by the following:‘SPECIAL CONDITIONS GOVERNING THE ENTRY INTO THE UNION AND SUSPENSION OF ENTRY INTO THE UNION OF CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES’;
(3)the following Article 11a is inserted:‘Article 11aSuspension of entry into the Union1.Member States shall prohibit the entry into the Union of the food and feed listed in Annex IIa.2.Paragraph 1 shall apply to food and feed intended for placing on the Union market, and to food and feed intended for private use or consumption within the custom territory of the Union.’;
(4)Annexes I and II are amended in accordance with the Annex to this Regulation;
(5)an Annex IIa is inserted in accordance with the Annex to this Regulation.
Article 2Repeals#
1.Implementing Regulation (EU) 2015/943 and Implementing Decision 2014/88/EU are repealed.
2.References to the repealed acts shall be construed as references to Implementing Regulation (EU) 2019/1793.
Article 3Transitional measures#
Consignments of Sesamum seeds from Sudan and Uganda and of peppers of the Capsicum species (other than sweet) from India and Pakistan having left the country of origin, or the country of dispatch if that country is different from the country of origin, before the date of entry into force of this Regulation may enter the Union without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11 of Implementing Regulation (EU) 2019/1793.
Article 4Entry 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.
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
| Food and feed (intended use) | CN codenote | TARIC sub-division | Country of origin | Hazard | Frequency of identity and physical checks (%) |
|---|---|---|---|---|---|
| Groundnuts (peanuts), in shell | 12024100 | Bolivia (BO) | Aflatoxins | 50 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| Groundnut flours and meals | ex12089000 | 20 | |||
| Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil(Food and feed) | 23050000 | ||||
| Black pepper (Piper)(Food – neither crushed nor ground) | ex09041100 | 10 | Brazil (BR) | Salmonellanote | 20 |
| Goji berries (wolfberries) (Lycium barbarum L.)(Food – fresh, chilled or dried) | ex08134095; | 10 | China (CN) | Pesticide residues notenotenote | 20 |
| ex08109075 | 10 | ||||
| Sweet peppers (Capsicum annuum)(Food – crushed or ground) | ex09042200 | 11 | China (CN) | Salmonellanote | 20 |
| Tea, whether or not flavoured(Food) | 0902 | China (CN) | Pesticide residues notenote | 20 | |
| Aubergines (Solanum melongena)(Food – fresh or chilled) | 07093000 | Dominican Republic (DO) | Pesticide residuesnote | 20 | |
| Sweet peppers (Capsicum annuum) | 07096010;07108051 | Dominican Republic (DO) | Pesticide residues notenote | 50 | |
| Peppers of the Capsicum species (other than sweet) | ex07096099; | 20 | |||
| ex07108059 | 20 | ||||
| Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)(Food – fresh, chilled or frozen) | ex07082000; | 10 | |||
| ex07102200 | 10 | ||||
| Sweet peppers (Capsicum annuum) | 07096010;07108051 | Egypt (EG) | Pesticide residues notenote | 20 | |
| Peppers of the Capsicum species (other than sweet)(Food – fresh, chilled or frozen) | ex07096099; | 20 | |||
| ex07108059 | 20 | ||||
| Sesamum seeds(Food) | 12074090 | Ethiopia (ET) | Salmonellanote | 50 | |
| Hazelnuts, in shell | 08022100 | Georgia (GE) | Aflatoxins | 50 | |
| Hazelnuts, shelled | 08022200 | ||||
| Flour, meal and powder of hazelnuts | ex11063090 | 40 | |||
| Hazelnuts, otherwise prepared or preserved(Food) | ex20081919; | 30 | |||
| ex20081995; | 20 | ||||
| ex20081999 | 30 | ||||
| Palm oil(Food) | 15111090; | Ghana (GH) | Sudan dyesnote | 50 | |
| 15119011; | |||||
| ex15119019; | 90 | ||||
| 15119099 | |||||
| Curry leaves (Bergera/Murraya koenigii)(Food – fresh, chilled, frozen or dried) | ex12119086 | 10 | India (IN) | Pesticide residues notenote | 50 |
| Okra(Food – fresh, chilled or frozen) | ex07099990; | 20 | India (IN) | Pesticide residues notenote | 10 |
| ex07108095 | 30 | ||||
| Beans (Vigna spp., Phaseolus spp.)(Food – fresh or chilled) | 070820 | Kenya (KE) | Pesticide residuesnote | 10 | |
| Chinese celery (Apium graveolens)(Food – fresh or chilled herb) | ex07094000 | 20 | Cambodia (KH) | Pesticide residues notenote | 50 |
| Yardlong beans(Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)(Food – fresh, chilled or frozen vegetables) | ex07082000; | 10 | Cambodia (KH) | Pesticide residues notenote | 50 |
| ex07102200 | 10 | ||||
| Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by vinegar or acetic acid) | ex20019097 | 11; 19 | Lebanon (LB) | Rhodamine B | 50 |
| Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by brine or citric acid, not frozen) | ex20059980 | 93 | Lebanon (LB) | Rhodamine B | 50 |
| Peppers of the Capsicum species (sweet or other than sweet)(Food – dried, roasted, crushed or ground) | 09042110; | Sri Lanka (LK) | Aflatoxins | 50 | |
| ex09042190; | 20 | ||||
| ex09042200; | 11; 19 | ||||
| ex20059910; | 10; 90 | ||||
| ex20059980 | 94 | ||||
| Groundnuts (peanuts), in shell | 12024100 | Madagascar (MG) | Aflatoxins | 50 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| Groundnut flours and meals | ex12089000 | 20 | |||
| Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil(Food and feed) | 23050000 | ||||
| Jackfruit (Artocarpus heterophyllus)(Food – fresh) | ex08109020 | 20 | Malaysia (MY) | Pesticide residuesnote | 20 |
| Sesamum seeds(Food) | 12074090 | Nigeria (NG) | Salmonellanote | 50 | |
| Spice mixes(Food) | 09109110;09109190 | Pakistan (PK) | Aflatoxins | 50 | |
| Watermelon (Egusi, Citrullus spp.) seeds and derived products(Food) | ex12077000; | 10 | Sierra Leone (SL) | Aflatoxins | 50 |
| ex12089000; | 10 | ||||
| ex20089999 | 50 | ||||
| Groundnuts (peanuts), in shell | 12024100 | Senegal (SN) | Aflatoxins | 50 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| Groundnut flours and meals | ex12089000 | 20 | |||
| Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil(Food and feed) | 23050000 | ||||
| Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by vinegar or acetic acid) | ex20019097 | 11; 19 | Syria (SY) | Rhodamine B | 50 |
| Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by brine or citric acid, not frozen) | ex20059980 | 93 | Syria (SY) | Rhodamine B | 50 |
| Peppers of the Capsicum species (other than sweet)(Food – fresh, chilled or frozen) | ex07096099; | 20 | Thailand (TH) | Pesticide residues notenote | 10 |
| ex07108059 | 20 | ||||
| Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)(Food) | 080620 | Turkey (TR) | Ochratoxin A | 10 | |
| Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids(Food – fresh or dried) | 080521;080522;080529 | Turkey (TR) | Pesticide residuesnote | 5 | |
| Oranges(Food – fresh or dried) | 080510 | Turkey (TR) | Pesticide residuesnote | 10 | |
| Pomegranates(Food – fresh or chilled) | ex08109075 | 30 | Turkey (TR) | Pesticide residues notenote | 20 |
| Sweet Peppers (Capsicum annuum)(Food – fresh, chilled or frozen) | 07096010;07108051 | Turkey (TR) | Pesticide residues notenote | 10 | |
| Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumernotenote(Food) | ex12129995 | 20 | Turkey (TR) | Cyanide | 50 |
| Peppers of the Capsicum species (other than sweet)(Food – fresh, chilled or frozen) | ex07096099; | 20 | Uganda (UG) | Pesticide residuesnote | 20 |
| ex07108059 | 20 | ||||
| Groundnuts (peanuts), in shell | 12024100 | United States (US) | Aflatoxins | 10 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| Groundnut flours and meals | ex12089000 | 20 | |||
| Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil(Food and feed) | 23050000 | ||||
| Pistachios, in shell | 08025100 | United States (US) | Aflatoxins | 10 | |
| Pistachios, shelled | 08025200 | ||||
| Pistachios, roasted(Food) | ex20081913; | 20 | |||
| ex20081993 | 20 | ||||
| Dried apricots | 08131000 | Uzbekistan (UZ) | Sulphitesnote | 50 | |
| Apricots, otherwise prepared or preserved(Food) | 200850 | ||||
| Coriander leaves | ex07099990 | 72 | Vietnam (VN) | Pesticide residues notenote | 50 |
| Basil (holy, sweet) | ex12119086 | 20 | |||
| Mint | ex12119086 | 30 | |||
| Parsley(Food – fresh or chilled herbs) | ex07099990 | 40 | |||
| Okra(Food – fresh, chilled or frozen) | ex07099990; | 20 | Vietnam (VN) | Pesticide residues notenote | 50 |
| ex07108095 | 30 | ||||
| Peppers of the Capsicum species (other than sweet)(Food – fresh, chilled or frozen) | ex07096099; | 20 | Vietnam (VN) | Pesticide residues notenote | 50 |
| ex07108059 | 20 |
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 microbiological contamination
1. Food and feed of non-animal origin referred to in Article 1(1)(b)(i)
| Food and feed (intended use) | CN codenote | TARIC sub-division | Country of origin | Hazard | Frequency of identity and physical checks (%) |
|---|---|---|---|---|---|
| Groundnuts (peanuts), in shell | 12024100 | Argentina (AR) | Aflatoxins | 5 | |
| 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(Food and feed) | ex12089000 | 20 | |||
| Hazelnuts (Corylus sp.) in shell | 08022100 | Azerbaijan (AZ) | Aflatoxins | 20 | |
| Hazelnuts (Corylus sp.) shelled | 08022200 | ||||
| Mixtures of nuts or dried fruits containing hazelnuts | ex08135039;ex08135091;ex08135099 | 707070 | |||
| Hazelnut paste | ex20071010;ex20071099;ex20079939;ex20079950;ex20079997 | 704005; 063323 | |||
| 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 | 30303020301515151515151515151515151515151515151515 | |||
| Flour, meal and powder of hazelnuts | ex11063090 | 40 | |||
| Hazelnut oil(Food) | ex15159099 | 20 | |||
| Brazil nuts in shell | 08012100 | Brazil (BR) | Aflatoxins | 50 | |
| Mixtures of nuts or dried fruits containing Brazil nuts in shell.(Food) | ex08135031;ex08135039;ex08135091;ex08135099 | 20202020 | |||
| Groundnuts (peanuts), in shell | 12024100 | Brazil (BR) | Aflatoxins | 10 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| 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(Food and feed) | ex12089000 | 20 | |||
| Groundnuts (peanuts), in shell | 12024100 | China (CN) | Aflatoxins | 20 | |
| 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(Food and feed) | ex12089000 | 20 | |||
| Groundnuts (peanuts), in shell | 12024100 | Egypt (EG) | Aflatoxins | 20 | |
| 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(Food and feed) | ex12089000 | 20 | |||
| Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta | 0904 | Ethiopia (ET) | Aflatoxins | 50 | |
| Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices(Food – dried spices) | 0910 | ||||
| Groundnuts (peanuts), in shell | 12024100 | Ghana (GH) | Aflatoxins | 50 | |
| 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(Food and feed) | ex12089000 | 20 | |||
| Groundnuts (peanuts), in shell | 12024100 | Gambia (GM) | Aflatoxins | 50 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| 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(Food and feed) | ex12089000 | 20 | |||
| Nutmeg (Myristica fragrans)(Food – dried spices) | 09081100;09081200 | Indonesia (ID) | Aflatoxins | 20 | |
| Betel leaves (Piper betle L.)(Food) | ex14049000 | 10 | India (IN) | Salmonellanote | 10 |
| Peppers of the Capsicum species (sweet or other than sweet)(Food – dried, roasted, crushed or ground) | 09042110; | India (IN) | Aflatoxins | 20 | |
| ex09042200; | 11; 19 | ||||
| ex09042190; | 20 | ||||
| ex20059910; | 10; 90 | ||||
| ex20059980 | 94 | ||||
| Nutmeg (Myristica fragrans)(Food – dried spices) | 09081100;09081200 | India (IN) | Aflatoxins | 20 | |
| Groundnuts (peanuts), in shell | 12024100 | India (IN) | Aflatoxins | 10 | |
| 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(Food and feed) | ex12089000 | 20 | |||
| Guar gum(Food and feed) | ex13023290 | 10 | India (IN) | Pentachlorophenol and dioxinsnote | 5 |
| Peppers of the Capsicum species (other than sweet)(Food – fresh, chilled or frozen) | ex07096099;ex07108059 | 2020 | India (IN) | Pesticide residues notenote | 10 |
| Sesamum seeds(Food) | 12074090 | India (IN) | Salmonellanote | 20 | |
| Pistachios, in shell | 08025100 | Iran (IR) | Aflatoxins | 50 | |
| Pistachios, shelled | 08025200 | ||||
| Mixtures of nuts or dried fruits containing pistachios | ex08135039;ex08135091;ex08135099 | 606060 | |||
| Pistachio paste | ex20071010;ex20071099;ex20079939;ex20079950;ex20079997 | 603003; 043222 | |||
| 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 | 20201919191919191919191919191919191919191919 | |||
| Flour, meal and powder of pistachios(Food) | ex11063090 | 50 | |||
| Watermelon (Egusi, Citrullus spp.) seeds and derived products(Food) | ex12077000;ex12089000;ex20089999 | 101050 | Nigeria (NG) | Aflatoxins | 50 |
| Peppers of the Capsicum species (other than sweet)(Food – fresh, chilled or frozen) | ex07096099;ex07108059 | 2020 | Pakistan (PK) | Pesticide residues note | 20 |
| Groundnuts (peanuts), in shell | 12024100 | Sudan (SD) | Aflatoxins | 50 | |
| Groundnuts (peanuts), shelled | 12024200 | ||||
| Peanut butter | 20081110 | ||||
| Groundnuts (peanuts), otherwise prepared or preserved | 20081191;20081196;20081198 | ||||
| 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(Food and feed) | ex12089000 | 20 | |||
| Sesamum seeds(Food) | 12074090 | Sudan (SD) | Salmonellanote | 20 | |
| Dried figs | 08042090 | Turkey (TR) | Aflatoxins | 20 | |
| Mixtures of nuts or dried fruits containing figs | ex08135099 | 50 | |||
| Dried fig paste | ex20071010;ex20071099;ex20079939;ex20079950;ex20079997 | 502001; 023121 | |||
| Dried figs, prepared or preserved, including mixtures | ex20089712;ex20089714;ex20089716;ex20089718;ex20089732;ex20089734;ex20089736;ex20089738;ex20089751;ex20089759;ex20089772;ex20089774;ex20089776;ex20089778;ex20089792;ex20089793;ex20089794;ex20089796;ex20089797;ex20089798;ex20089928ex20089934;ex20089937;ex20089940;ex20089949;ex20089967;ex20089999 | 111111111111111111111111111111111111111110101010609560 | |||
| Flour, meal or powder of dried figs(Food) | ex11063090 | 60 | |||
| Hazelnuts (Corylus sp.) in shell | 08022100 | Turkey (TR) | Aflatoxins | 5 | |
| Hazelnuts (Corylus sp.) shelled | 08022200 | ||||
| Mixtures of nuts or dried fruits containing hazelnuts | ex08135039;ex08135091;ex08135099 | 707070 | |||
| Hazelnut paste | ex20071010;ex20071099;ex20079939;ex20079950;ex20079997 | 704005; 063323 | |||
| 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 | 30303020301515151515151515151515151515151515151515 | |||
| Flour, meal and powder of hazelnuts | ex11063090 | 40 | |||
| Hazelnut oil(Food) | ex15159099 | 20 | |||
| Pistachios, in shell | 08025100 | Turkey (TR) | Aflatoxins | 50 | |
| Pistachios, shelled | 08025200 | ||||
| Mixtures of nuts or dried fruits containing pistachios | ex08135039;ex08135091;ex08135099 | 606060 | |||
| Pistachio paste | ex20071010;ex20071099 | 6030 | |||
| Pistachios, prepared or preserved, including mixtures | ex20079939;ex20079950;ex20079997;ex20081913;ex20081993;ex20089712;ex20089714;ex20089716;ex20089718;ex20089732;ex20089734;ex20089736;ex20089738;ex20089751;ex20089759;ex20089772;ex20089774;ex20089776;ex20089778;ex20089792;ex20089793;ex20089794;ex20089796;ex20089797;ex20089798 | 03; 04322220201919191919191919191919191919191919191919 | |||
| Flour, meal and powder of pistachios(Food) | ex11063090 | 50 | |||
| Vine leaves(Food) | ex20089999 | 11; 19 | Turkey (TR) | Pesticide residues notenote | 20 |
| Sesamum seeds(Food) | 12074090 | Uganda (UG) | Salmonellanote | 20 | |
| Pitahaya (dragon fruit)(Food – fresh or chilled) | ex08109020 | 10 | Vietnam (VN) | Pesticide residues notenote | 10 |
2. Compound food referred to in Article 1(1)(b)(ii)
| Compound food containing any of the individual products listed in table 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 Codenote | Descriptionnote |
| ex170490 | Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated |
| ex 1806 | Chocolate and other food preparations containing cocoa |
| ex 1905 | 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 |
IIa · Food and feed from certain third countries subject to suspension of entry into the Union referred to in Article 11a
| Food and feed (intended use) | CN codenote | TARIC sub-division | Country of origin | Hazard |
|---|---|---|---|---|
| Foodstuffs containing or consisting of betel leaves (Piper betle)(Food) | 14049000 | Bangladesh (BD)note | Salmonella | |
| Foodstuffs consisting of dried beans(Food) | 071335000713390007139000 | Nigeria (NG) | Pesticide residues |
1.Annexes I and II to Implementing Regulation (EU) 2019/1793 are amended as follows:
(1)Annex I is replaced by the following:‘’
(2)Annex II is replaced by the following:‘’
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.