Commission Implementing Regulation (EU) No 294/2012 of 3 April 2012 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 294/2012of 3 April 2012amending 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, the list should be amended by increasing the official control frequency for the commodities for which the same source of information show a higher degree of non-compliance with the relevant Union legislation that warrants the increase of level of official controls.(6)The entries in the list for certain imports from India and for certain other commodities from all third countries should therefore be amended accordingly.(7)The amendment to the list concerning the deletion of the entries for certain 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.(8)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.(9)Regulation (EC) No 669/2009 should therefore be amended accordingly.(10)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 that of its publication in the Official Journal of the European Union.It shall apply from 1 April 2012.However, the amendments of Annex I to Regulation (EC) No 669/2009 concerning the deletion of entries of Capsicum annuum (crushed or ground), Curry (chilli products), Curcuma longa (turmeric) and Red palm oil for the possible contamination of Sudan dyes 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, 3 April 2012.For the CommissionThe PresidentJosé Manuel BarrosoANNEX"ANNEX I
Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entryWhere 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, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamipirid, Indoxacarb, Mandipropamid.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.In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate, Methidathion.In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine."
Feed and food(intended use)CN codeCountry of originHazardFrequency of physical and identity checks(%)
Hazelnuts(in shell or shelled)08022100; 08022200Azerbaijan (AZ)Aflatoxins10
(Feed and food)
—Groundnuts (peanuts), in shell—12024100Brazil (BR)Aflatoxins10
—Groundnuts (peanuts), shelled—12024200
—Peanut butter—20081110
—Groundnuts (peanuts), otherwise prepared or preserved—20081191; 20081196; 20081198
(Feed and food)
Dried Noodlesex1902China (CN)Aluminium10
(Food)
Pomelosex08054000China (CN)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods20
(Food - fresh)
Tea leaves (black and green)ex0902China (CN)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10
(Food)
—Yardlong beans(Vigna unguiculata spp. sesquipedalis)—ex07082000; ex07102200Dominican Republic (DO)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods50
—Bitter melon(Momordica charantia)—ex07099990; ex07108095
—Peppers (sweet and other than sweet) (Capsicum spp.)—07096010; ex07096099; 07108051; ex07108059
—Aubergines—07093000; ex07108095
(Food — fresh, chilled or frozen vegetables)
—Oranges (fresh or dried)—08051020; 08051080Egypt (EG)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10
—Peaches (excluding nectarines)—08093090
—Pomegranates—ex08109075
—Strawberries—08101000
(Food — fresh fruits and vegetables)
Peppers (sweet and other than sweet) (Capsicum spp.)07096010; ex07096099; 07108051; ex07108059Egypt (EG)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10
(Food — fresh, chilled or frozen)
—Groundnuts (peanuts), in shell—12024100Ghana (GH)Aflatoxins50
—Groundnuts (peanuts), shelled—12024200
—Peanut butter—20081110
(Feed and food)
Curry leaves (Bergera/Murraya koenigii)ex12119085India (IN)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods50
(Food – fresh herbs)
—Capsicum annuum, whole—09042110India (IN)Aflatoxins20
—Capsicum annuum, crushed or ground—ex09042200
—Curry (chilli products)—09109105
—Nutmeg(Myristica fragrans)—09081100, 09081200
—Mace(Myristica fragrans)—09082100, 09082200
—Ginger(Zingiber officinale)—09101100, 09101200
—Curcuma longa (turmeric)—09103000
(Food — dried spices)
—Groundnuts (peanuts), in shell—12024100India (IN)Aflatoxins20
—Groundnuts (peanuts), shelled—12024200
—Peanut butter—20081110
—Groundnuts (peanuts), otherwise prepared or preserved—20081191; 20081196; 20081198
(Feed and food)
Feed additives and premixturesex2309; 29171990; ex28170000; ex28209010; ex28209090; ex28211000; ex28255000; ex28332100; ex28332500; ex28332920; ex28332980; ex2835; ex2836; ex2839; 2936India (IN)Cadmium and lead10
(Feed)
Okraex07099990India (IN)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10
(Food — fresh)
Watermelon (egusi, Citrullus lanatus) seeds and derived productsex12077000; ex11063090; ex20089999Nigeria (NG)Aflatoxins50
(Food)
—Capsicum annuum, whole—09042110Peru (PE)Aflatoxins and Ochratoxin A10
—Capsicum annuum, crushed or ground—ex09042200
—other dried fruits of the genus Capsicum (other than Capsicum annuum), whole—ex09042190
(Food — dried spice)
Peppers (other than sweet)(Capsicum spp.)ex07096099Thailand (TH)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10
(Food — fresh)
—Coriander leaves—ex07099990Thailand (TH)Salmonella10
—Basil (holy, sweet)—ex12119085
—Mint—ex12119085
(Food — fresh herbs)
—Coriander leaves—ex07099990Thailand (TH)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods20
—Basil (holy, sweet)—ex12119085
(Food — fresh herbs)
—Yardlong beans(Vigna unguiculata spp. sesquipedalis)—ex07082000; ex07102200Thailand (TH)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods50
—Aubergines—07093000; ex07108095
—Brassica vegetables—0704; ex07108095
(Food — fresh, chilled or frozen vegetables)
—Sweet Peppers (Capsicum annuum)—07096010; 07108051Turkey (TR)Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods10
—Tomatoes—07020000; 07108070
(Food — fresh, chilled or frozen vegetables)
Dried grapes (vine fruit)080620Uzbekistan (UZ)Ochratoxin A50
(Food)
—Groundnuts (peanuts), in shell—12024100South Africa (ZA)Aflatoxins10
—Groundnuts (peanuts), shelled—12024200
—Peanut butter—20081110
—Groundnuts (peanuts), otherwise prepared or preserved—20081191; 20081196; 20081198
(Feed and food)