Commission Implementing Regulation (EU) 2021/608 of 14 April 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)
Commission Implementing Regulation (EU) 2021/608of 14 April 2021amending 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) 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) 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)OJ L 95, 7.4.2017, p. 1., and in particular point (b) of the first subparagraph of Article 47(2), points (a) and (b) of the first subparagraph of Article 54(4) and points (a), (b) and (c) of the first paragraph of Article 90 thereof.Whereas:(1)Commission Implementing Regulation (EU) 2019/1793Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 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 and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (OJ L 277, 29.10.2019, p. 89). 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 Implementing 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 mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and microbiological contamination, listed in Annex II to that Implementing Regulation.(2)Implementing Regulation (EU) 2019/1793 lays down requirements as regards the model official certificate for the entry into the Union of consignments of food and feed listed in Annex II to that Implementing Regulation and rules for the issuance of such certificate, both on paper and in electronic form. In accordance with Commission Implementing Regulation (EU) 2019/1715Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the functioning of the information management system for official controls and its system components ("the IMSOC Regulation") (OJ L 261, 14.10.2019, p. 37)., TRACES is the component of the Information Management System for Official Controls (IMSOC) enabling the entire process of certificate production to be performed electronically, thus preventing possible fraudulent or deceptive practices in respect of official certificates. Therefore, Implementing Regulation (EU) 2019/1793 sets out a model official certificate that is compatible with TRACES.(3)The certification requirements of Implementing Regulation (EU) 2019/1793 are consistent with the requirements laid down in Commission Implementing Regulation (EU) 2019/628Commission Implementing Regulation (EU) 2019/628 of 8 April 2019 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates (OJ L 131, 17.5.2019, p. 101). for official certificates for the entry into the Union. Commission Implementing Regulation (EU) 2020/2235Commission Implementing Regulation (EU) 2020/2235 of 16 December 2020 laying down rules for the application of Regulations (EU) 2016/429 and (EU) 2017/625 of the European Parliament and of the Council as regards model animal health certificates, model official certificates and model animal health/official certificates, for the entry into the Union and movements within the Union of consignments of certain categories of animals and goods, official certification regarding such certificates and repealing Regulation (EC) No 599/2004, Implementing Regulations (EU) No 636/2014 and (EU) 2019/628, Directive 98/68/EC and Decisions 2000/572/EC, 2003/779/EC and 2007/240/EC (OJ L 442, 30.12.2020, p. 1). repeals and replaces Implementing Regulation (EU) 2019/628 as of 21 April 2021, while amending and clarifying the requirements for model official certificates laid down in that Implementing Regulation.(4)In particular, Implementing Regulation (EU) 2020/2235 makes a distinction between official certificates issued on paper, electronic official certificates issued in accordance with the requirements of Article 39(1) of Implementing Regulation (EU) 2019/1715 and official certificates issued on paper and completed in, and printed from, TRACES. In addition, that Implementing Regulation lays down linguistic requirements for official certificates for the entry into the Union to facilitate official controls at the border control posts of introduction into the Union. To align the official certificates for different categories of goods and to ensure consistency with the new certification requirements in the official certificates for the entry into the Union laid down in Implementing Regulation (EU) 2020/2235, it is appropriate to amend Article 11 of Implementing Regulation (EU) 2019/1793.(5)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 with Union legislation.(6)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, and information regarding official controls performed by Member States on food and feed of non-animal origin indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended.(7)In particular, due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by Salmonella detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793 in 2019 and in the first semester of 2020 and due to the high number of notifications in the RASFF during that period, it is appropriate to increase, from 20 % to 50 %, the frequency of identity and physical checks to be performed on black pepper (Piper nigrum) from Brazil.(8)Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793 in the second semester of 2019 and in the first semester of 2020, it is appropriate to increase, from 10 % to 20 %, the frequency of identity and physical checks to be performed on peppers of the Capsicum species (other than sweet) from Thailand.(9)Due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins detected during official controls performed by Member States in accordance with Implementing Regulation (EU) 2019/1793 in the second semester of 2019 and in the first semester of 2020 and due to the high number of notifications in the RASFF in the first semester of 2020, it is appropriate to increase, from 10 % to 50 %, the frequency of identity and physical checks to be performed on groundnuts from India.(10)Sweet peppers (Capsicum annuum) from Turkey are already listed in Annex I to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by pesticide residues. For consignments of peppers of the Capsicum species (other than sweet) from Turkey, the data resulting from notifications received through the RASFF in the first semester of 2020 indicate the emergence of new risks to human health, due to possible pesticide residues contamination, requiring an increased level of official controls. The existing entry concerning sweet peppers (Capsicum annuum) from Turkey should therefore be amended to cover all peppers of the Capsicum species.(11)For goji berries from China listed in Annex I to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by pesticide residues, and for dried grapes from Turkey listed in that Annex due to the risk of contamination by ochratoxin A, the available information for the second semester of 2019 and the first semester of 2020 indicates an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. As an increased level of official controls is therefore no longer justified for those commodities, the entries in Annex I to Implementing Regulation (EU) 2019/1793 concerning those commodities should be deleted.(12)For groundnuts from Brazil listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by aflatoxins, the frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States has decreased in the second semester of 2019 and remained at low levels in the first semester of 2020. It is therefore appropriate to delete the entry concerning groundnuts from Brazil from Annex II to Implementing Regulation (EU) 2019/1793, include it in Annex I to that Implementing Regulation and set the frequency of identity and physical checks at 10 %.(13)For groundnuts from China listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by aflatoxins, the frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States has decreased in the second semester of 2019 and in the first semester of 2020. It is therefore appropriate to delete the entry concerning groundnuts from China from Annex II to Implementing Regulation (EU) 2019/1793, include it in Annex I to that Implementing Regulation and set the frequency of identity and physical checks at 10 %. Due to the volume of trade in this commodity, that frequency is sufficient to ensure an appropriate level of monitoring.(14)For hazelnuts from Turkey listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by aflatoxins, the frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States has decreased in the second semester of 2019 and in the first semester of 2020. It is therefore appropriate to delete the entry concerning hazelnuts from Turkey from Annex II to Implementing Regulation (EU) 2019/1793, include it in Annex I to that Implementing Regulation and set the frequency of identity and physical checks at 5 %. Due to the volume of trade in this commodity, that frequency is sufficient to ensure an appropriate level of monitoring.(15)Foodstuffs containing or consisting of betel leaves (Piper betle) originating in, or consigned from Bangladesh are listed in Annex IIa to Implementing Regulation (EU) 2019/1793 due to the risk of contamination by Salmonella. Consequently, the importation into the Union of these products has been prohibited since June 2014. Bangladesh provided written guarantees by submitting a new action plan on 27 July 2020 with measures covering all steps of the chain of production, which the Commission assessed as satisfactory. Following this assessment, it is appropriate to delete the entry concerning foodstuffs containing or consisting of betel leaves (Piper betle) originating in, or consigned from, Bangladesh from Annex IIa to Implementing Regulation (EU) 2019/1793, include it in Annex II to that Implementing Regulation and set the frequency of identity and physical checks at 50 %.(16)In order to ensure efficient protection against potential health risks arising from microbiological or chemical contamination of Sesamum seeds, in the columns referring to "CN code" in the tables in Annexes I and II to Implementing Regulation (EU) 2019/1793 the CN code for roasted Sesamum seeds should be added in the rows referring to "Sesamum seeds (food)".(17)Part II of the model official certificate in Annex IV to Implementing Regulation (EU) 2019/1793 sets out the health information that the certifying officer is to provide when completing the certificate. In order to ensure legal certainty, it should be clarified that the health information for food or feed of non-animal origin can contain more than one certification, where such certification is mandatory pursuant to Article 11(1) of Implementing Regulation (EU) 2019/1793 in conjunction with Annex II to that Implementing Regulation.(18)Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly. In order to ensure consistency and clarity, it is appropriate to replace Annexes I, II, IIa and IV to that Implementing Regulation in their entirety.(19)As Implementing Regulation (EU) 2020/2235 applies from 21 April 2021, Article 1(1) of this Regulation should also apply from that date.(20)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:
Loading ...