Commission Implementing Regulation (EU) 2016/166 of 8 February 2016 laying down specific conditions applicable to the import of foodstuffs containing or consisting of betel leaves (‘Piper betle’) from India and amending Regulation (EC) No 669/2009 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2016/166of 8 February 2016laying down specific conditions applicable to the import of foodstuffs containing or consisting of betel leaves (Piper betle) from India and amending Regulation (EC) No 669/2009(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 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 safetyOJ L 31, 1.2.2002, p. 1., and in particular Article 53(1)(b)(ii) thereof,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)Article 53 of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Union emergency measures for feed and food imported from a third country in order to protect human health, animal health and the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States individually.(2)Commission Regulation (EC) No 669/2009Commission Regulation (EC) No 669/2009 of 24 July 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 and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11). provides for an increased level of official controls on imports of certain feed and food of non-animal origin listed in Annex I to that Regulation. Betel leaves (Piper betle L.) originating from India are subject as of 1 April 2014 to an increased frequency of official controls as regards the presence of many Salmonella strains.(3)The results from the increased frequency of controls carried out by the Member States in the framework of Regulation (EC) No 669/2009 on those foodstuffs show a continuous high frequency of non-compliance with microbiological criteria for foodstuffs established in Union legislation. Since 2011, around 90 notificationsFrom 2011 till 15 October 2015 (12 in 2011, 6 in 2012, 13 in 2013, 17 in 2014 and 43 on 15.10.2015). have been issued to the Rapid Alert System for Food and Feed due to the presence of a wide range of pathogenic Salmonella strains in foodstuffs containing or consisting of betel leaves originating in or consigned from India.(4)Those results provide evidence that the import of those foodstuffs constitutes a risk for human health. Despite the increased frequency of controls at Union borders in place the situation has been not improved. Furthermore, the Indian authorities have not provided a concrete and satisfactory action plan to remediate the shortcomings and deficiencies in the production and control systems, despite the European Commission's explicit request.(5)To protect human health in the Union, it is necessary to provide for additional guarantees in relation to those foodstuffs from India. Therefore all consignments of betel leaves from India should be accompanied by a health certificate stating that those foodstuffs were produced in line with the hygiene provisions set up in Regulation (EC) No 852/2004 of the European Parliament and of the CouncilRegulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1)., sampled and analysed for the presence of Salmonella and were found compliant with Union legislation, and by the results of the analytical tests.(6)It is appropriate to exclude non-commercial consignments from the application of the provisions of this Regulation.(7)The sampling and the analysis of consignments should be performed in accordance with the relevant Union legislation. Commission Regulation (EC) No 2073/2005Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1). lays down both the microbiological criteria for foodstuffs and the provisions on sampling for the official control of microbiological criteria for foodstuffs applicable in the Union.(8)The Indian authorities have informed the Commission of the name of the competent authority whose authorised representative is entitled to sign the health certificate.(9)Regulation (EU) No 669/2009 should be amended accordingly.(10)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: