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Commission Implementing Regulation (EU) No 433/2011 of 4 May 2011 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin Text with EEA relevance

Commission Implementing Regulation (EU) No 433/2011of 4 May 2011amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin(Text with EEA relevance) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rulesOJ L 165, 30.4.2004, p. 1., and in particular Article 15(5) thereof,Whereas:(1)Commission Regulation (EC) No 669/2009OJ L 194, 25.7.2009, p. 11. lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (the list), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.(2)Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.(3)The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.(4)In particular, the list should be amended by deleting the entries for commodities for which those information sources indicate an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official control is therefore no longer justified.(5)In addition, certain other commodities for which the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of increased level of official controls, should be included in the list.(6)The entries in the list for certain imports from Turkey and Thailand should therefore be amended accordingly.(7)In the interest of clarity of Union legislation, it is also necessary to make a small precision in the list regarding the entries for imports of okra from India and sweet peppers from Turkey.(8)The amendment to the list concerning the deletion of the references to commodities should apply as soon as possible, as the original safety concerns have been satisfied. Accordingly, those amendments should apply from the date of entry into force of this Regulation.(9)Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation.(10)Regulation (EC) No 669/2009 should therefore be amended accordingly.(11)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS REGULATION:

Article 1Annex I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.

Article 2This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.It shall apply from 1 July 2011.However, the deletions of the entries for Turkey for courgettes and pears shall apply from the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 4 May 2011.For the CommissionThe PresidentJosé Manuel BarrosoANNEX"ANNEX I(A)Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked "ex" (for example, ex100630: only Basmati rice for direct human consumption is included).In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos.In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

Feed and food(intended use)	CN code	Country of origin	Hazard	Frequency of physical and identity checks (%)
—Groundnuts (peanuts), in shell	—12021090	Argentina	Aflatoxins	10
—Groundnuts (peanuts), shelled	—12022000
—Peanut butter	—20081110
—Groundnuts (peanuts), otherwise prepared or preserved	—20081191; 20081196; 20081198
(Feed and food)
—Groundnuts (peanuts), in shell	—12021090	Brazil	Aflatoxins	10
—Groundnuts (peanuts), shelled	—12022000
—Peanut butter	—20081110
—Groundnuts (peanuts), otherwise prepared or preserved	—20081191; 20081196; 20081198
(Feed and food)
Dried Noodles	ex1902	China	Aluminium	10
(Food)	ex1902	China	Aluminium	10
—Yardlong beans (Vigna unguiculata spp. sesquipedalis)	—ex07082000; ex07102200	Dominican Republic	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	50
—Bitter melon (Momordica charantia)	—ex07099090; ex07108095
—Lauki (Lagenaria siceraria)	—ex07099090; ex07108095
—Peppers (Capsicum spp.)	—07096010; 07096099; 07108051; 07108059
—Aubergines	—07093000; ex07108095
(Food — fresh, chilled or frozen vegetables)
—Oranges (fresh or dried)	—08051020; 08051080	Egypt	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	10
—Peaches	—08093090
—Pomegranates	—ex08109095
—Strawberries	—08101000
—Green beans	—ex07082000
(Food — fresh fruits and vegetables)
—Groundnuts (peanuts), in shell	—12021090	Ghana	Aflatoxins	50
—Groundnuts (peanuts), shelled	—12022000
—Peanut butter	—20081110
(Feed and food)
Curry leaves (Bergera/ Murraya koenigii)	ex12119085	India	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with Single residue methods	10
(Food — fresh herbs)	ex12119085	India		10
—Chilli (Capsicum annuum), whole	—ex09042010	India	Aflatoxins	50
—Chilli (Capsicum annuum), crushed or ground	—ex09042090
—Chilli products (curry)	—09109105
—Nutmeg (Myristica fragrans)	—09081000
—Mace (Myristica fragrans)	—09082000
—Ginger (Zingiber officinale)	—09101000
—Curcuma longa (turmeric)	—09103000
(Food — dried spices)
—Groundnuts (peanuts), in shell	—12021090	India	Aflatoxins	20
—Groundnuts (peanuts), shelled	—12022000
—Peanut butter	—20081110
—Groundnuts (peanuts), otherwise prepared or preserved	—20081191; 20081196; 20081198
(Feed and food)
Fresh okra	ex07099090	India	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	10
(Food)	ex07099090	India		10
Watermelon (egusi, Citrullus lanatus) seeds and derived products	ex12079997; ex11063090; ex20089999;	Nigeria	Aflatoxins	50
(Food)	ex12079997; ex11063090; ex20089999;	Nigeria	Aflatoxins	50
Basmati rice for direct human consumption	ex100630	Pakistan	Aflatoxins	20
(Food — milled rice)	ex100630	Pakistan	Aflatoxins	20
—Chilli (Capsicum annuum), whole	—ex09042010	Peru	Aflatoxins and Ochratoxin A	10
—Chilli (Capsicum annuum), crushed or ground	—ex09042090
(Food — dried spice)
—Groundnuts (peanuts), in shell	—12021090	South Africa	Aflatoxins	10
—Groundnuts (peanuts), shelled	—12022000
—Peanut butter	—20081110
—Groundnuts (peanuts), otherwise prepared or preserved	—20081191; 20081196; 20081198
(Feed and food)
—Fresh chilli peppers (Capsicum spp.)	ex07096010, ex07108051; ex07096099, ex07108059	Thailand	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	10
(Food)	ex07096010, ex07108051; ex07096099, ex07108059	Thailand		10
—Coriander leaves	—ex07099090	Thailand	Salmonella	10
—Basil (holy, sweet)	—ex12119085
—Mint	—ex12119085
(Food — fresh herbs)
—Coriander leaves	—ex07099090	Thailand	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	20
—Basil (holy, sweet)	—ex12119085
(Food — fresh herbs)
—Yardlong beans (Vigna unguiculata spp. sesquipedalis)	—ex07082000; ex07102200	Thailand	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	50
—Aubergines	—07093000; ex07108095
—Brassica vegetables	—0704; ex07108095
(Food — fresh, chilled or frozen vegetables)
—Sweet Peppers (Capsicum annuum)	—07096010; 07108051	Turkey	Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods	10
—Tomatoes	—07020000; 07108070
(Food — fresh, chilled or frozen vegetables)
Dried grapes (vine fruit)	080620	Uzbekistan	Ochratoxin A	50
(Food)	080620	Uzbekistan	Ochratoxin A	50
—Chilli (Capsicum annuum), crushed or ground	—ex09042090	All third countries	Sudan dyes	10
—Chilli products (curry)	—09109105
—Curcuma longa (turmeric)	—09103000
(Food — dried spices)
—Red palm oil	—ex15111090
(Food)

(B)DefinitionsFor the purposes of this Annex, "Sudan dyes" refers to the following chemical substances:(i)Sudan I (CAS number 842-07-9);(ii)Sudan II (CAS number 3118-97-6);(iii)Sudan III (CAS number 85-86-9);(iv)Scarlet Red; or Sudan IV (CAS number 85-83-6)."