Commission Implementing Regulation (EU) 2022/913 of 30 May 2022 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) 2022/913of 30 May 2022amending 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), first subparagraph, point (b), and Article 54(4), first subparagraph, 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 the Annexes to that Implementing Regulation are to be reviewed at regular intervals not exceeding six 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 for Food and Feed ("RASFF") 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)Recent notifications through the RASFF indicate the existence of a serious direct or indirect risk to human health deriving from some food or feed. Additionally, official controls performed by Member States on some food and feed of non-animal origin in the second 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)Certain consignments of food and feed of non-animal origin are exempt from official controls in accordance with Implementing Regulation (EU) 2019/1793, if they do not exceed 30 kg. Such consignments include trade samples, laboratory samples, display items and consignments intended for scientific purposes. In the light of experience with the application of Implementing Regulation (EU) 2019/1793, Member States have indicated that in certain cases such consignments exceed 30 kg. Since such consignments are not intended to be placed on the market, it is unnecessarily burdensome to perform official controls on such consignments. Therefore, the weight limit for exemption from official controls in accordance with Implementing Regulation (EU) 2019/1793 should be increased to 50 kg. In addition, where such consignments exceed 50 kg, Member States should be able to accept such consignments, provided the Member State of destination has issued an authorisation in advance and adequate control arrangements are in place to ensure that the consignments are not placed on the market.(5)Consignments of food and feed which form part of passengers’ personal luggage and are intended for personal consumption or use, and non-commercial consignments of food or feed sent to natural persons, which are not intended to be placed on the market, are exempt from official controls in accordance with Implementing Regulation (EU) 2019/1793, if they do not exceed 30 kg. Experience with the application of Implementing Regulation (EU) 2019/1793 shows that the weight limit of 30 kg leads to the exclusion of a wide range of consignments from such controls. The weight limit of 30 kg also goes beyond standard baggage allowances in international passenger transport. In case of non-commercial consignments of 30 kg sent to natural persons, it is difficult to ensure by way of official controls that parts of such consignments are not placed on the market. Therefore, the weight limit for consignments which form part of passengers’ personal luggage, and for non-commercial consignments sent to natural persons should be reduced to a level that reflects more adequately the intended personal use of the consignments and the physical properties of the consignments.(6)Where exemptions from official controls at border control posts for certain goods are granted, conditions for these exemptions, such as adequate control arrangements, should be established to ensure that there are no unacceptable risks to human and animal health from the entry of such goods into the Union.(7)In relation to the term "consignment", Implementing Regulation (EU) 2019/1793 provides several definitions, which leads to uncertainty and differences in application. Article 3, point (37), of Regulation (EU) 2017/625 already provides a definition of "consignment". Therefore, for the purpose of clarity, the additional definitions of "consignment" in Article 2(2) of Implementing Regulation (EU) 2019/1793 should be deleted.(8)The Combined Nomenclature ("CN") codes 2008191340 and 2008199340 can only be used for mixtures containing almonds or pistachios but not for mixtures containing groundnuts. Since only mixtures containing groundnuts are likely to pose a risk of contamination by aflatoxins, these CN codes should be deleted for the entries for Argentina in Annex I to Implementing Regulation (EU) 2019/1793 and for Egypt, Ghana, Gambia, India and Sudan in the table in point 1, of Annex II to that Implementing Regulation.(9)In relation to consignments of oranges from Egypt, data from RASFF notifications 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 those commodities from Egypt. 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 20 % of consignments entering the Union.(10)In relation to consignments of hazelnuts from Georgia, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins was detected during official controls performed by Member States in accordance with Annex I 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 30 %.(11)Palm oil from Ghana has been subject to an increased level of official controls due to the risk of contamination by Sudan dyes since April 2016. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health.(12)It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of palm oil from Ghana. In particular, all consignments of palm oil from Ghana should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on palm oil from Ghana 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 set at 50 % of consignments entering the Union.(13)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 pesticide residues. It is therefore necessary to require an increased level of official controls on entries of this commodity from India and Pakistan. Such commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 5 % of consignments entering the Union.(14)The potential health risks arising from contamination of rice from India and Pakistan by aflatoxins and ochratoxine A is not limited to certain types of rice classified under CN code 10061079. Therefore, to ensure efficient protection against potential health risks arising from contamination of rice from India and Pakistan by aflatoxins and ochratoxine A, the relevant CN code in Annex I to Implementing Regulation (EU) 2019/1793 should be extended to cover all types of rice. Due to the extension of the CN code and the volumes traded, the administrative burden for Member States is expected to increase significantly. Therefore, the frequency of controls should be decreased to 5 % of consignments entering the Union, as such frequency will provide sufficient information for an assessment of risks associated with possible contamination of rice by aflatoxins and ochratoxine A.(15)In relation to consignments of yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) and guava (Psidium guajava) 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 those commodities 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 20 % of consignments entering the Union.(16)Nutmeg from India, under CN codes 09081100 and 09081200, has been subject to an increased level of official controls due to the risk of contamination by aflatoxins since July 2019. The official controls carried out by the Member States and available information show improvements in compliance with the relevant requirements provided for in Union legislation. Those controls and that information provide evidence that the entry of this foodstuff into the Union no longer constitutes a serious risk to human health. Consequently, it is not necessary to continue to require that all consignments of nutmeg from India, under CN codes 09081100 and 09081200, are to be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Commission Regulation (EC) No 1881/2006Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).. 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 nutmeg from India, under CN codes 09081100 and 09081200, in the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union.(17)In relation to consignments of peppers of the genus Capsicum (other than sweet) from Thailand, 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 I 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 30 % of consignments entering the Union.(18)Several CN codes do not match the commodities referred to in certain entries in Annex I to Implementing Regulation (EU) 2019/1793 and are therefore redundant. The following CN codes should be deleted in Annex I to that Implementing Regulation: CN code ex0807190070 in the entry on galia melon (C.melo var.reticulatus) from Honduras, CN code ex0709999025 in the entry on gotukola (Centella asiatica) from Sri Lanka and CN code 1211908610 in the entry on dried oregano from Turkey.(19)To allow for a more precise identification of commodities subject to increased official controls, it is appropriate to specify the TARIC sub-division for CN code ex07099990 in the entry on drumsticks (Moringa oleifera) from India and for CN code ex12119086 in the entry on gotukola (Centella asiatica) from Sri Lanka in Annex I to Implementing Regulation (EU) 2019/1793.(20)In relation to consignments of nutmeg from Indonesia, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins was detected during official controls performed by Member States in accordance with the table in point 1, of 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 30 % of consignments entering the Union.(21)The potential health risk from contamination by ethylene oxide affects mixtures of food additives containing locust bean gum or guar gum. Therefore, in the columns referring to "food and feed (intended use)" and "CN code" in the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793 in the entry related to India, the category "mixtures of food additives containing locust bean gum or guar gum" and relevant CN codes for mixtures of food additives should be added. Equally, in the entries related to Malaysia and to Turkey, the category "mixtures of food additives containing locust bean gum" and relevant CN codes for mixtures of food additives should be added. A frequency of identity and physical checks should be set at 20 % for such consignments entering the Union from India, Malaysia and Turkey.(22)In relation to spices from India, CN code 0910 covers commodities in the form of roots, flowers and leaves, such as turmeric (curcuma) root. Taking into account that no contamination by ethylene oxide was detected during official controls performed by Member States in accordance with the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793, such commodities can be excluded from increased official controls. Therefore, it is appropriate to indicate in Annex II to Implementing Regulation (EU) 2019/1793 that only dried spices from India should be subject to official controls at border control posts, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.(23)In relation to instant noodles from South Korea and Vietnam, in order to ensure clarity concerning the type of noodles subject to increased controls, and to exclude from official controls other varieties of noodles, such as wheat noodles, egg noodles, vermicelli and other types of such products which cannot be classified as instant noodles and which are declared under the same CN code 19023010, it is appropriate to provide clarifications in the columns referring to "food and feed (intended use)", "CN code" and "TARIC sub-division" in the relevant entries in the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793.(24)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.(25)In order to allow entry into the Union of consignments which have already been dispatched from the country of origin or from another third country if that country is different from the country of origin, when this Regulation enters into force, and so as to take into account the possibility to know and comply with this Regulation, it is appropriate to provide for a transitional period for consignments of palm oil from Ghana, mixtures of food additives containing locust bean gum or guar gum from India and mixtures of food additives containing locust bean gum from Malaysia and Turkey, which are not accompanied by the results of sampling and analyses and an official certificate. At the same time, public health continues to be protected for such consignments of palm oil from Ghana, which remain subject to identity and physical checks at a frequency of 50 % of consignments entering the Union.(26)Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly.(27)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 1Implementing Regulation (EU) 2019/1793 is amended as follows:1.in Article 1, paragraphs 3, 4 and 5 are replaced by the following:"3.This Regulation shall not apply to the following categories of consignments of products, unless their net weight exceeds 5 kg of fresh products or 2 kg of other products:(a)consignments which form part of passengers’ personal luggage and are intended for personal consumption or use;(b)non-commercial consignments sent to natural persons, which are not intended to be placed on the market.This Regulation shall not apply to the following categories of consignments of products, unless their net weight exceeds 50 kg of fresh products or 10 kg of other products:(a)consignments sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;(b)consignments intended for scientific purposes.4.This Regulation shall not apply to food and feed referred to in paragraph 1, points (a) and (b) on board means of transport operating internationally, which are not unloaded and are intended for consumption by the crew and passengers.5.In case of doubt on the intended use of the consignments of products referred to in paragraph 3, first subparagraph, the burden of proof lies with the owners of the personal luggage and with the recipients of the consignments, respectively.6.The competent authority may exempt from identity and physical checks, including sampling and laboratory analyses, in accordance with this Regulation consignments of food and feed of non-animal origin sent as trade samples, laboratory samples, display items for exhibitions and consignments of food and feed intended for scientific purposes, which exceed the weight limits provided for in paragraph 3, second subparagraph, and are not intended to be placed on the market, provided that:(a)they are accompanied by an authorisation for introduction into the Union issued in advance by the competent authority of the Member State of destination and providing:(i)the purpose for introduction into the Union;(ii)the place of destination;(iii)guarantees that the consignments will not be placed on the market as food or feed;(b)the operator presents the consignments at the border control post of entry into the Union;(c)the competent authority of the border control post of entry into the Union informs the competent authority of the Member State of destination, through the IMSOC, about the introduction of the consignments.";2.in Article 2, paragraph 2 is deleted;3.Article 14 is replaced by the following:
"Article 14Transitional periodConsignments of palm oil from Ghana, mixtures of food additives containing locust bean gum or guar gum from India and mixtures of food additives containing locust bean gum from Malaysia and Turkey, which have been dispatched from the country of origin, or from another third country if that country is different from the country of origin, before the date of entry into force of Commission Implementing Regulation (EU) 2022/913Commission Implementing Regulation (EU) 2022/913 of 30 May 2022 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 (OJ L 158, 13.6.2022, p. 1).";, may enter the Union until 3 September 2022 without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11.
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Commission Implementing Regulation (EU) 2022/913 of 30 May 2022 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 (OJ L 158, 13.6.2022, p. 1).";4.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, 30 May 2022.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.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). In case of food additives, the applicable MRL is 0,1 mg/kg (limit of quantification (LOQ)). Prohibition of use of ethylene oxide provided for in Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).
RowCountry of originFood and feed (intended use)CN codeTARIC 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
ex20081919;50
ex20081992;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
2Azerbaijan (AZ)Hazelnuts (Corylus sp.), in shell08022100Aflatoxins20
Hazelnuts (Corylus sp.), shelled08022200
Mixtures of nuts or driedex08135039;70
fruits containing hazelnutsex08135091;70
ex0813509970
Hazelnut pasteex20071010;70
ex20071099;40
ex20079939;05; 06
ex20079950;33
ex2007999723
Hazelnuts, otherwiseex20081912;30
prepared or preserved, including mixturesex20081919;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
Flours, meals 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)ex20071010ex20071099ex20079939805007; 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)ex20071010ex20071099ex20079939805007; 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)ex20071010ex20071099ex20079939805007; 08
Sweet peppers (Capsicumannuum)(Food – crushed or ground)ex0904220011Salmonella10
Tea, whether or not flavoured(Food)0902Pesticide residues20
6Egypt (EG)Sweet peppers (Capsicum annuum)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)07096010;07108051Pesticide residues20
ex07096099;20
ex0710805920
Oranges(Food – fresh or dried)080510Pesticide residues 20
7Georgia (GE)Hazelnuts (Corylus sp.), in shell08022100Aflatoxins30
Hazelnuts (Corylus sp.), shelled08022200
Mixtures of nuts or driedex08135039;70
fruits containing hazelnutsex08135091;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
Flours, meals and powder of hazelnutsex1106309040
Hazelnut oil(Food)ex1515909920
8Honduras (HN)Galia melon (C.melo var.reticulatus)(Food)ex0807190060Salmonella braenderup10
9India (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)ex0709999010Pesticide residues10
Rice(Food)1006Aflatoxins andOchratoxine A5
Pesticide residues5
Yardlong beans(Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)(Food – fresh, chilled or frozen vegetables)ex07082000;ex071022001010Pesticide residues20
Guava (Psidium guajava)(Food)ex0804500030Pesticide residues20
Nutmeg (Myristica fragrans)(Food – dried spices)09081100;09081200Aflatoxins30
10Kenya (KE)Beans (Vigna spp., Phaseolus spp.)(Food – fresh or chilled)070820Pesticide residues10
11Cambodia (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
12Lebanon (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
13Sri Lanka (LK)Gotukola (Centella asiatica)(Food)ex1211908610Pesticide residues10
Mukunuwenna (Alternanthera sessilis)(Food)ex0709999035Pesticide residues10
14Morocco (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 or locust beans seeds(Food and feed)13023210
15Madagascar (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)ex20071010ex20071099ex20079939805007; 08
16Mexico (MX)Tomato ketchup and other tomato sauces(Food)21032000Pesticide residues10
17Malaysia (MY)Jackfruit (Artocarpus heterophyllus)(Food – fresh)ex0810902020Pesticide residues50
18Nigeria (NG)Sesamum seeds(Food)12074090ex20081919ex200819994040Salmonella50
19Pakistan (PK)Spice mixes(Food)09109110;09109190Aflatoxins50
Rice(Food)1006Aflatoxins and Ochratoxin A5
Pesticide residues5
20Sierra Leone (SL)Watermelon (Egusi, Citrullus spp.) seeds and derived products(Food)ex12077000;ex12089000;ex20089999101050Aflatoxins50
21Senegal (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)ex20071010ex20071099ex20079939805007; 08
22Syria (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
23Thailand (TH)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues30
24Turkey (TR)Lemons (Citrus limon, Citruslimonum)(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;20
ex0710805920
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)ex1211908640Pyrrolizidine alkaloids10
25Uganda (UG)Peppers of the genus Capsicum (other than sweet)(Food – fresh, chilled or frozen)ex07096099;ex071080592020Pesticide residues50
Pesticide residues10
26United 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)ex20071010ex20071099ex20079939805007; 08
27Uzbekistan(UZ)Dried apricotsApricots, otherwise prepared or preserved(Food)08131000200850Sulphites50
28Vietnam (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(1), point (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 standard EN ISO/IEC 17025 for the analysis of pentachlorophenol (PCP) in food and feed.The analytical report shall indicate:(a)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;(b)the measurement uncertainty of the analytical result;(c)the limit of detection (LOD) of the analytical method; and(d)the LOQ of the analytical method.The extraction before analysis shall be performed with an acidified solvent. The analysis shall be carried out in accordance with the modified version of the QuEChERS method as set out on the websites of the European Union Reference Laboratories for Residues of Pesticides or in accordance with 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 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). In case of food additives, the applicable MRL is 0.1 mg/kg (LOQ). Prohibition of use of ethylene oxide provided for in Regulation (EU) No 231/2012.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 orSudan IV (CAS Number 85-83-6).
RowCountry of originFood and feed (intended use)CN codeTARIC 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)Peppers of the genus Capsicum (other than sweet)Yardlong beans(Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)(Food – fresh, chilled or frozen)07096010;07108051Pesticide residues50
ex07096099;ex07108059ex07082000;ex0710220020201010
5Egypt (EG)Groundnuts (peanuts), in shell12024100Aflatoxins20
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081919;50
ex20081992;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
6Ethiopia (ET)Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus PimentaGinger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices(Food – dried spices)09040910Aflatoxins50
Sesamum seeds(Food)12074090ex20081919ex200819994040Salmonella50
7Ghana (GH)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081919;50
ex20081992;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
Palm oil(Food)15111090;15119011;Sudan dyes50
ex15119019;90
15119099
8Gambia (GM)Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081919;50
ex20081992;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
9Indonesia (ID)Nutmeg (Myristica fragrans)(Food – dried spices)09081100;09081200Aflatoxins30
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;ex09042200;ex09042190;ex20059910;ex2005998011; 192010; 9094Aflatoxins20
Groundnuts (peanuts), in shell12024100Aflatoxins50
Groundnuts (peanuts), shelled12024200
Peanut butter20081110
Groundnuts (peanuts), otherwise prepared or preserved, including mixtures20081191;20081196;20081198;
ex20081912;40
ex20081919;50
ex20081992;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)12074090ex20081919ex200819994040Salmonella 20
Pesticide residues50
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)ex13023290Pesticide residues20
Pentachlorophenol and dioxins5
Mixtures of food additives containing locust bean gum or guar gum(Food)ex21069092ex21069098ex38249993ex38249996Pesticide residues20
Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta0904Pesticide residues20
Vanilla0905
Cinnamon and cinnamon-tree flowers0906
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 – dried spices)0910
Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flours and meals and prepared mustard(Food)2103Pesticide residues20
Calcium carbonate(Food and feed)ex21069092/98ex25309000ex28365000Pesticide 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
Flours, meals and powder of pistachios(Food)ex1106309050
12South Korea(KR)Food supplements containing botanicals(Food)ex1302ex2106Pesticide residues20
Instant noodles containing spices/seasonings or sauces(Food)ex1902301030Pesticide residues20
13Sri Lanka (LK)Peppers of the genus Capsicum(sweet or other than sweet)(Food – dried, roasted, crushed or ground)09042110;ex09042190;ex09042200;ex20059910;ex200599802011; 1910; 9094Aflatoxins50
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 beans seeds(Food and feed)13023210
Mixtures of food additives containing locust bean gum(Food)ex21069092ex21069098ex38249993ex38249996Pesticide residues20
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
ex20081919;50
ex20081992;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
Sesamum seeds(Food)12074090Salmonella50
ex2008191940
ex2008199940
18Turkey (TR)Dried figs08042090Aflatoxins20
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;11
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
Flours, meals and powder of dried figs(Food)ex1106309060
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
Flours, meals 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 beans seeds(Food and feed)13023210
Mixtures of food additives containing locust bean gum(Food)ex21069092ex38249993ex21069098ex38249996Pesticide residues20
19Uganda (UG)Sesamum seeds(Food)12074090ex20081919ex200819994040Salmonella20
20Vietnam (VN)Pitahaya (dragon fruit)(Food – fresh or chilled)ex0810902010Pesticide residues20
Instant noodles containing spices/seasonings or sauces(Food)ex1902301030Pesticide residues20
2.Food referred to in Article 1(1), point (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 Regulation (EEC) No 2658/87.
RowFood consisting of two or more ingredients, containing any of the individual products listed in the table in point 1 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