Commission Implementing Regulation (EU) 2021/2246 of 15 December 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) 2021/2246of 15 December 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), point (b)(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)OJ L 95, 7.4.2017, p. 1., and in particular Article 47(2), point (b), and Article 54(4), points (a) and (b), 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 on 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 on the imposition of special conditions governing the entry into the Union of certain consignments of 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)Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in Annexes I and II to that Implementing Regulation are to be reviewed at regular intervals not exceeding 6 months, in order to take into account new information related to risks to human health and non-compliance with Union legislation, such as the data resulting from notifications received through the rapid alert system established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks communicated by the Member States to the Commission.(3)The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed ("RASFF") indicating the existence of a serious direct or indirect risk to human health deriving from food or feed, 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 in the first semester of 2021 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union.(4)Groundnuts and products produced from groundnuts from Argentina have been subject to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Those results provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. As a consequence, it is not necessary to continue to provide that each consignment is accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 of the European Parliament and of the CouncilRegulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry concerning groundnuts from Argentina in Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 5 % of consignments entering the Union.(5)Hazelnuts and products produced from hazelnuts from Azerbaijan have been subject to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Those results provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. As a consequence, it is not necessary to continue to provide that each consignment has been accompanied by an official certificate stating that all results of sampling and analysis show compliance with the Regulation (EC) No 396/2005. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry concerning hazelnuts from Azerbaijan in Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 20 % of consignments entering the Union.(6)Black pepper (Piper nigrum) from Brazil has been subject to an increased level of official controls due to the risk of contamination by Salmonella since January 2019. The official controls carried out on those foodstuffs by the Member States show a persistent high 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.(7)It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of black pepper (Piper nigrum) from Brazil. In particular, all consignments of black pepper from Brazil 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. Therefore, the entry on black pepper from Brazil in Annex I to Implementing Regulation (EU) 2019/1793 should be transferred to Annex II to that Implementing Regulation with a frequency of identity and physical checks set at 50 % of consignments entering the Union.(8)In relation to consignments of Galia melons (Cucumis melo var. reticulatus) from Honduras, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by Salmonella Braenderup. It is therefore necessary to require an increased level of official controls on entries of those commodities from Honduras. Such commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.(9)Sweet peppers (Capsicum annum) from China have been subjected to an increased level of official controls due to the risk of contamination by Salmonella since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 20 % of consignments entering the Union is no longer justified for this commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in Annex I to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 10 % of consignments entering the Union.(10)Aubergines (Solanum melongena) from the Dominican Republic have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2019. The official controls carried out on those foodstuffs by the Member States show a persistent high 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.(11)It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to aubergines (Solanum melongena) from the Dominican Republic. In particular, all consignments of that commodity from the Dominican Republic should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on aubergines (Solanum melongena) from the Dominican Republic in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks maintained at 50 % of consignments entering the Union.(12)Peppers of the genus Capsicum and Yardlong beans from the Dominican Republic have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2010. The official controls carried out on those foodstuffs by the Member States show a persistent high 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.(13)It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to peppers of the genus Capsicum and Yardlong beans from the Dominican Republic. In particular, all consignments of peppers of the genus Capsicum and Yardlong beans from the Dominican Republic should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on peppers of the genus Capsicum and Yardlong beans from the Dominican Republic in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks maintained at 50 %.(14)In relation to consignments of drumsticks (Moringa oleifera) from India, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of this commodity from India. Such commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.(15)In relation to consignments of peppers of the genus Capsicum (other than sweet) from India, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex II to Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 20 %.(16)In relation to consignments of rice from India and Pakistan, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by aflatoxins and ochratoxine A. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of those commodities from India and Pakistan should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.(17)In relation to consignments of gotukola (Centella asiatica) and mukunuwenna (Alternanthera sessilis) from Sri Lanka, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of those commodities from Sri Lanka should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.(18)Hazelnuts and products produced from hazelnuts from Turkey have been subject to an increased level of official controls due to the risk of contamination by aflatoxins April 2021. The official controls carried out on those foodstuffs by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for this commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.(19)In relation to consignments of grapefruits from Turkey, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of that commodity from Turkey should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.(20)Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2020. The official controls carried out on those foodstuffs by the Member States show a persistent high 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.(21)It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to mandarins and oranges from Turkey. In particular, all consignments of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on mandarins and oranges from Turkey in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation with a frequency of identity and physical checks raised to 20 %.(22)In relation to consignments of cumin seeds and dried oregano from Turkey, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pyrrolizidine alkaloids. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of these commodities from Turkey should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.(23)In relation to pitahaya (dragon fruit) from Vietnam, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex II to Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 20 %.(24)The risk arising from contamination of groundnuts by aflatoxins is associated as well with groundnuts paste. Therefore to ensure efficient protection against potential health risks arising from contamination of groundnuts paste by aflatoxins, in the columns referring to "Food and feed (intended use)" and "CN code" in Annex I and in Table 1 of Annex II to Implementing Regulation (EU) 2019/1793, the category "groundnuts paste" and relevant CN codes for groundnuts paste should be added for the entries relating to groundnuts for Argentina, Bolivia, Brazil, China, Madagascar, Senegal and for the United States in Annex I and for Egypt, Ghana, Gambia, India and Sudan in Annex II.(25)Sesamum seeds from India have been subjected to an increased level of official controls in view of a risk of contamination by pesticide residues including ethylene oxide since October 2020. The official controls carried out by Member States and available information show improvement in compliance with the relevant requirements in Union legislation regarding pesticide residues other than ethylene oxide. Therefore, an increased level of official controls of consignments of sesamum seed for the possible contamination with pesticide residues that can be analysed with multi-residues methods is no longer necessary for this commodity. Therefore the corresponding entry in Annex II to Implementing Regulation (EU) 2019/1793 should be modified accordingly.(26)Data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by ethylene oxide, requiring an increased level of official controls. Ethylene oxide is classified as a mutagen, category 1B, a carcinogen, category 1B, and a reproductive toxicant, category 1B, in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the CouncilRegulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).. Moreover, ethylene oxide is not approved as an active substance for use in plant protection products in the Union.(27)In relation to consignments of locust beans (carob), mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds from Morocco, spice paste from Mexico and peppers of the genus Capsicum (other than sweet) from Uganda, results from official controls performed by Member States show occurrences of contamination by ethylene oxide.(28)Therefore, in order to ensure efficient protection against potential health risks arising from contamination of those commodities, consignments of locust beans (carob), mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds from Morocco, spice paste from Mexico and peppers of the genus Capsicum (other than sweet) from Uganda should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.(29)Taking into account the number of RASFF notifications received, it is appropriate to provide for special conditions for consignments of xanthan gum from China, locust beans (including mucilages and thickeners derived from locust beans), Guar gum, several spices, Calcium carbonate and food supplements containing botanicals from India, food supplements containing botanicals and instant noodles from South Korea, locust beans (including mucilages and thickeners derived from locust beans) from Malaysia and Turkey, and instant noodles from Vietnam. Due to the contamination risk by ethylene oxide, consignments of those products should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of ethylene oxide for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793. The results of the sampling and analysis should be attached to that certificate. Therefore, entries of consignments of xanthan gum from China, locust beans (including mucilages and thickeners derived from locust beans), Guar gum, several spices, Calcium carbonate and food supplements containing botanicals from India, food supplements containing botanicals and instant noodles from South Korea, locust beans (including mucilages and thickeners derived from locust beans) from Malaysia and Turkey, and instant noodles from Vietnam should be included in Annex II to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 %.(30)In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Implementing Regulation (EU) 2019/1793 in their entirety by the text set out in the Annex to this Regulation.(31)It is appropriate to provide for a transitional period for consignments of black pepper (Piper nigrum) from Brazil, of aubergines (Solanum melongena), of sweet peppers (Capsicum annuum), of peppers of the genus Capsicum (other than sweet) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from the Dominican Republic and of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey, which are not accompanied by an official certificate, but which were already subject to official controls at the border control post in accordance with Union legislation in force at the time.(32)Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.(33)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 11.Article 14 is replaced by the following:
"Article 14Transitional periodConsignments of black pepper (Piper nigrum) from Brazil, of aubergines (Solanum melongena), of sweet peppers (Capsicum annuum), of peppers of the genus Capsicum (other than sweet) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from the Dominican Republic and of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey, which were already subject to increased official controls before the entry into force of this Regulation, may be authorised to entry into the Union until 26 January 2022 without being accompanied by an official certificate and the results of sampling and analysis.";
2.Annexes I and II are replaced by the text set out in the Annex to this Regulation.
Article 2This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 15 December 2021.For the CommissionThe PresidentUrsula von der LeyenANNEX

"";

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ANNEX IFood 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
Where only certain products under any CN code are required to be examined, the CN code is marked "ex".The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III.Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).Residues of Amitraz.Residues of Nicotine.The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III.Residues of Tolfenpyrad.Residues of Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p’ and o,p’ isomers) and Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram).Residues of Dicofol (sum of p, p’ and o,p’ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.For 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).Residues of Acephate.Residues of Diafenthiuron.Residues of Phenthoate.Residues of Chlorbufam.Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.Residues of Prochloraz.Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl."Unprocessed products" as defined in Regulation (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)."Placing on the market" and "final consumer" as defined in 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 safety (OJ L 31, 1.2.2002, p. 1).Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).
RowCountry of originFood and feed (intended use)CN code TARIC sub-divisionHazardFrequency of identity and physical checks (%)
1Argentina (AR)Groundnuts (peanuts), in shell12024100Aflatoxins5
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081913;40
ex20081919;50
ex20081992;40
ex20081993;40
ex20081995;40
ex2008199950
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
2Azerbaijan (AZ)Hazelnuts (Corylus sp.), in shell08022100Aflatoxins20
Hazelnuts (Corylus sp.), shelled08022200
Mixtures of nuts or dried fruits containing hazelnutsex08135039;70
ex08135091;70
ex0813509970
Hazelnut pasteex20071010;70
ex20071099;40
ex20079939;05; 06
ex20079950;33
ex2007999723
Hazelnuts, otherwise prepared or preserved, including mixturesex20081912;30
ex20081919;30
ex20081992;30
ex20081995;20
ex20081999;30
ex20089712;15
ex20089714;15
ex20089716;15
ex20089718;15
ex20089732;15
ex20089734;15
ex20089736;15
ex20089738;15
ex20089751;15
ex20089759;15
ex20089772;15
ex20089774;15
ex20089776;15
ex20089778;15
ex20089792;15
ex20089793;15
ex20089794;15
ex20089796;15
ex20089797;15
ex20089798;15
Flour, meal and powder of hazelnutsex1106309040
Hazelnut oil(Food)ex1515909920
3Bolivia (BO)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved20081191;20081196;20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
4Brazil (BR)Groundnuts (peanuts), in shell12024100Aflatoxins10
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved20081191;20081196;20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000Pesticide residues20
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
5China (CN)Groundnuts (peanuts), in shell12024100Aflatoxins10
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved20081191;20081196;20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
Sweet peppers (Capsicum annuum)(Food – crushed or ground)ex0904220011Salmonella10
Tea, whether or not flavoured(Food)0902Pesticide residues20
6Egypt (EG)Sweet peppers (Capsicum annuum)07096010;07108051Pesticide residues20
Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020
7Georgia (GE)Hazelnuts (Corylus sp.), in shell08022100Aflatoxins20
Hazelnuts (Corylus sp.), shelled08022200
Mixtures of nuts or dried fruits containing hazelnutsex08135039;70
ex08135091;70
ex0813509970
Hazelnut pasteex20071010;70
ex20071099;40
ex20079939;05; 06
ex20079950;33
ex2007999723
Hazelnuts, otherwise prepared or preserved, including mixturesex20081912;30
ex20081919;30
ex20081992;30
ex20081995;20
ex20081999;30
ex20089712;15
ex20089714;15
ex20089716;15
ex20089718;15
ex20089732;15
ex20089734;15
ex20089736;15
ex20089738;15
ex20089751;15
ex20089759;15
ex20089772;15
ex20089774;15
ex20089776;15
ex20089778;15
ex20089792;15
ex20089793;15
ex20089794;15
ex20089796;15
ex20089797;15
ex20089798;15
Flour, meal and powder of hazelnutsex1106309040
Hazelnut oil(Food)ex1515909920
8Ghana (GH)Palm oil(Food)15111090;Sudan dyes50
15119011;
ex15119019;90
15119099
9Honduras (HN)Galia melon (C.melo var.reticulatus)(Food)ex08071900;ex080719006070Salmonella Braenderup10
10India (IN)Curry leaves (Bergera/Murraya koenigii)(Food – fresh, chilled, frozen or dried)ex1211908610Pesticide residues50
Okra(Food – fresh, chilled or frozen)ex07099990;ex071080952030Pesticide residues20
Drumsticks (Moringa oleifera)(Food)ex07099990Pesticide residues10
Rice10061079;Aflatoxins andOchratoxine A10
Husked (brown) rice10062017;10062098
Semi-milled or wholly milled rice(Food)10063098
11Kenya (KE)Beans (Vigna spp., Phaseolus spp.)(Food – fresh or chilled)070820Pesticide residues10
12Cambodia (KH)Chinese celery (Apium graveolens)(Food – fresh or chilled herb)ex0709400020Pesticide residues50
Yardlong beans(Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)(Food – fresh, chilled or frozen vegetables)ex07082000;ex071022001010Pesticide residues50
13Lebanon (LB)Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by vinegar or acetic acid)ex2001909711; 19Rhodamine B50
Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by brine or citric acid, not frozen)ex2005998093Rhodamine B50
14Sri Lanka (LK)Gotukola (Centella asiatica)(Food)ex07099990ex1211908625Pesticide residues10
Mukunuwenna (Alternanthera sessilis)(Food)ex0709999035Pesticide residues10
15Morocco (MA)Locust beans (carob)12129200Pesticide residues10
Locust beans seeds, not decorticated, crushed or ground12129941
Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds (Food and feed)13023210
16Madagascar(MG)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved20081191;20081196;20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
17Mexico (MX)Tomato ketchup and other tomato sauces (Food)21032000Pesticide residues10
18Malaysia (MY)Jackfruit (Artocarpus heterophyllus)(Food – fresh)ex0810902020Pesticide residues50
19Nigeria (NG)Sesamum seeds(Food)12074090Salmonella50
ex2008191940
ex2008199940
20Pakistan (PK)Spice mixes(Food)09109110;09109190Aflatoxins50
Rice10061079;Aflatoxins andOchratoxin A10
Husked (brown) rice10062017;10062098
Semi-milled or wholly milled rice(Food)10063098
21Sierra Leone (SL)Watermelon (Egusi, Citrullus spp.) seeds and derived products(Food)ex12077000;ex12089000;ex20089999101050Aflatoxins50
22Senegal (SN)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved20081191;20081196;20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
23Syria (SY)Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by vinegar or acetic acid)ex2001909711; 19Rhodamine B50
Turnips (Brassica rapa ssp. rapa)(Food – prepared or preserved by brine or citric acid, not frozen)ex2005998093Rhodamine B50
24Thailand (TH)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues20
25Turkey (TR)Lemons (Citrus limon, Citrus limonum)(Food – fresh, chilled or dried)08055010Pesticide residues20
Grapefruits(Food)08054000Pesticide residues10
Pomegranates(Food – fresh or chilled)ex0810907530Pesticide residues20
Sweet peppers (Capsicum annuum)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)07096010;07108051;Pesticide residues20
ex07096099;ex071080592020
Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer(Food)ex1212999520Cyanide50
Cumin seeds09093100Pyrrolizidine alkaloids10
Cumin seeds crushed or ground(Food)09093200
Dried oregano(Food)ex12119086ex121190861040Pyrrolizidine alkaloids10
26Uganda (UG)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues50
Pesticide residues10
27United States(US)Groundnuts (peanuts), in shell12024100Aflatoxins20
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved20081191;20081196;20081198
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
28Uzbekistan(UZ)Dried apricotsApricots, otherwise prepared or preserved(Food)08131000200850Sulphites50
29Vietnam (VN)Coriander leavesex0709999072Pesticide residues50
Basil (holy, sweet)ex1211908620
Mintex1211908630
Parsley(Food – fresh or chilled herbs)ex0709999040
Okra(Food – fresh, chilled or frozen)ex07099990;ex071080952030Pesticide residues50
Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues50
ANNEX IIFood 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 to microbiological contamination1.Food and feed of non-animal origin referred to in Article 1, point (1)(b)(i)
Where only certain products under any CN code are required to be examined, the CN code is marked "ex".The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III.The analytical report referred to in Article 10(3) shall be issued by a laboratory accredited in accordance with EN ISO/IEC 17025 for the analysis of pentachlorophenol (PCP) in food and feed.The analytical report shall indicate:the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin;the measurement uncertainty of the analytical result;the limit of detection (LOD) of the analytical method; andthe limit of quantification (LOQ) of the analytical method.The extraction before analysis shall be performed with an acidified solvent. The analysis shall be carried out according to the modified version of the QuEChERS method as set out on the websites of the European Union Reference Laboratories for Residues of Pesticides or according to an equally reliable method.Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).Residues of Carbofuran.The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III.Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Metrafenone.Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.The description of the goods is as laid down in the description column of the CN in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).Foodstuffs containing or consisting of betel leaves (Piper betle) including, but not limited to, those declared under CN code 1404 90 00.Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).
RowCountry of originFood and feed (intended use)CN code TARIC sub-divisionHazardFrequency of identity and physical checks (%)
1Bangladesh (BD)Foodstuffs containing or consisting of betel leaves (Piper betle)(Food)ex1404900010Salmonella50
2Brazil (BR)Brazil nuts in shell08012100Aflatoxins50
Mixtures of nuts or dried fruits containing Brazil nuts in shell(Food)ex08135031;ex08135039;ex08135091;ex0813509920202020
Black pepper (Piper nigrum)(Food – neither crushed nor ground)ex0904110010Salmonella50
3China (CN)Xanthan gum(Food and feed)ex3913900040Pesticide residues20
4DominicanRepublic (DO)Aubergines (Solanum melongena)(Food – fresh or chilled)07093000Pesticide residues50
Sweet peppers (Capsicum annuum)07096010;07108051Pesticide residues50
Peppers of the genus Capsicum (other than sweet)ex07096099;ex071080592020
Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)(Food – fresh, chilled or frozen)ex07082000;ex071022001010
5Egypt (EG)Groundnuts (peanuts), in shell12024100Aflatoxins20
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081913;40
ex20081919;50
ex20081992;40
ex20081993;40
ex20081995;40
ex2008199950
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
6Ethiopia (ET)Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta0904Aflatoxins50
Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices(Food – dried spices)0910
Sesamum seeds(Food)12074090Salmonella50
ex2008191940
ex2008199940
7Ghana (GH)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081913;40
ex20081919;50
ex20081992;40
ex20081993;40
ex20081995;40
ex2008199950
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
8Gambia (GM)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081913;40
ex20081919;50
ex20081992;40
ex20081993;40
ex20081995;40
ex2008199950
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
9Indonesia (ID)Nutmeg (Myristica fragrans)(Food – dried spices)09081100;09081200Aflatoxins20
10India (IN)Betel leaves (Piper betle L.)(Food)ex1404900010Salmonella10
Peppers of the genus Capsicum (sweet or other than sweet)(Food – dried, roasted, crushed or ground)09042110;Aflatoxins20
ex09042200;11; 19
ex09042190;20
ex20059910;10; 90
ex2005998094
Nutmeg (Myristica fragrans)(Food – dried spices)09081100;09081200Aflatoxins20
Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081913;40
ex20081919;50
ex20081992;40
ex20081993;40
ex20081995;40
ex2008199950
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex20071010ex20071099ex20079939805007; 08
Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues20
Sesamum seeds(Food and feed)12074090Salmonella20
ex2008191940Pesticide residues50
ex2008199940
Locust beans (carob)12129200Pesticide residues20
Locust beans seeds, not decorticated, crushed or ground12129941
Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds(Food and feed)13023210
Guar gum(Food and feed)ex1302329010Pesticide residues20
Pentachlorophenol and dioxins5
Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta0904
Vanilla0905
Cinnamon and cinnamon-tree flowers0906Pesticide residues20
Cloves (whole fruit, cloves and stems)0907
Nutmeg, mace and cardamoms0908
Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries0909
Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices(Food)0910
Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard(Food)2103Pesticide residues20
Calcium carbonate(Food and feed)ex 2106 90 92/98ex25309000ex28365000Pesticide residues20
Food supplements containing botanicals(Food)ex1302ex2106Pesticide residues20
11Iran (IR)Pistachios, in shell08025100Aflatoxins50
Pistachios, shelled08025200
Mixtures of nuts or dried fruits containing pistachiosex08135039;60
ex08135091;60
ex0813509960
Pistachio pasteex20071010;60
ex20071099;30
ex20079939;03; 04
ex20079950;32
ex2007999722
Pistachios, prepared or preserved, including mixturesex20081913;20
ex20081993;20
ex20089712;19
ex20089714;19
ex20089716;19
ex20089718;19
ex20089732;19
ex20089734;19
ex20089736;19
ex20089738;19
ex20089751;19
ex20089759;19
ex20089772;19
ex20089774;19
ex20089776;19
ex20089778;19
ex20089792;19
ex20089793;19
ex20089794;19
ex20089796;19
ex20089797;19
ex2008979819
Flour, meal and powder of pistachios(Food)ex1106309050
12South Korea (KR)Food supplements containing botanicals(Food)ex1302ex2106Pesticide residues20
Instant noodles(Food)19023010Pesticide residues20
13Sri Lanka (LK)Peppers of the genus Capsicum (sweet or other than sweet)(Food – dried, roasted, crushed or ground)09042110;Aflatoxins50
ex09042190;ex09042200;ex20059910;ex200599802011; 1910; 9094
14Malaysia (MY)Locust beans (carob)12129200Pesticide residues20
Locust beans seeds, not decorticated, crushed or ground12129941
Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds(Food and feed)13023210
15Nigeria (NG)Watermelon (Egusi, Citrullus spp.) seeds and derived products(Food)ex12077000;ex12089000;ex20089999101050Aflatoxins50
16Pakistan (PK)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues20
17Sudan (SD)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081913;40
ex20081919;50
ex20081992;40
ex20081993;40
ex20081995;40
ex2008199950
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil23050000
Groundnut flours and mealsex1208900020
Groundnuts paste(Food and feed)ex2007101080
ex2007109950
ex2007993907; 08
Sesamum seeds(Food)12074090Salmonella50
ex2008191940
ex2008199940
18Turkey (TR)Dried figs08042090
Mixtures of nuts or dried fruits containing figsex0813509950
Dried fig pasteex20071010;50
ex20071099;20
ex20079939;01; 02
ex20079950;31
ex2007999721
Dried figs, prepared or preserved, including mixturesex20089712;11
ex20089714;11
ex20089716;11
ex20089718;11
ex20089732;11
ex20089734;11
ex20089736;11
ex20089738;11
ex20089751;11Aflatoxins20
ex20089759;11
ex20089772;11
ex20089774;11
ex20089776;11
ex20089778;11
ex20089792;11
ex20089793;11
ex20089794;11
ex20089796;11
ex20089797;11
ex20089798;11
ex20089928;10
ex20089934;10
ex20089937;10
ex20089940;10
ex20089949;60
ex20089967;95
ex2008999960
Flour, meal and powder of dried figs(Food)ex1106309060
Pistachios, in shell08025100
Pistachios, shelled08025200
Mixtures of nuts or dried fruits containing pistachiosex08135039;60
ex08135091;60
ex0813509960
Pistachio pasteex20071010;60
ex20071099;30
ex20079939;03; 04
ex20079950;32
ex2007999722
Pistachios, prepared or preserved, including mixturesex20081913;20Aflatoxins50
ex20081993;20
ex20089712;19
ex20089714;19
ex20089716;19
ex20089718;19
ex20089732;19
ex20089734;19
ex20089736;19
ex20089738;19
ex20089751;19
ex20089759;19
ex20089772;19
ex20089774;19
ex20089776;19
ex20089778;19
ex20089792;19
ex20089793;19
ex20089794;19
ex20089796;19
ex20089797;19
ex2008979819
Flour, meal and powder of pistachios(Food)ex1106309050
Vine leaves(Food)ex2008999911; 19Pesticide residues50
Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids(Food – fresh or dried)080521;080522;080529Pesticide residues20
Oranges(Food – fresh or dried)080510Pesticide residues20
Locust beans (carob)12129200Pesticide residues20
Locust beans seeds, not decorticated, crushed or ground12129941
Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds(Food and feed)13023210
19Uganda (UG)Sesamum seeds(Food)12074090Salmonella20
ex2008191940
ex2008199940
20Vietnam (VN)Pitahaya (dragon fruit)(Food – fresh or chilled)ex0810902010Pesticide residues20
Instant noodles(Food)19023010Pesticide residues20
2.Food referred to in Article 1, point (1)(b)(ii)
Where only certain products under any CN code are required to be examined, the CN code is marked "ex".The description of the goods is as laid down in the description column of the CN in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
RowFood consisting of two or more ingredients, containing any of the individual products listed in the table in point 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 codeDescription
1ex170490Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated
2ex1806Chocolate and other food preparations containing cocoa
3ex1905Bread, 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