II
(Infor mation)
INFORMA TION FROM EUR OPEAN UNION INSTITUTIONS, BODIES, OFFICES 
AND AGENCIES
EUR OPEAN COMMISSION
COMMISSION NOTICE 
on informa tion related to risks and non-compliance in the context of periodic reviews of 
Commission Implementing Regulation (EU) 2019/1793 
(2022/C 265/01)
1. Introduction
This Commission Notice explains the relevant criteria and considerations, in the context of periodic reviews under 
Article 12 of Commission Implementing Regulation (EU) 2019/1793 (1). The purpose of this Notice is to make the 
process transparent for citizens, business operators, and national compet ent author ities, both in the Union and in 
territories and third countr ies from where food and feed of non-animal origin subject to Implemen ting Regulation (EU) 
2019/1793 are impor ted into the Union.
This Notice is intended to assist citizens, business operators and national compe tent author ities to better understand the 
application of Article 12 of Implementing Regulation (EU) 2019/1793. Only the Cour t of Justice of the Union is 
compet ent to interpret Union law. The views expressed in this Notice do not prejudge the position that the Commission 
might take before the Union and national Cour ts.
2. Scope of Implementing Regulation (EU) 2019/1793
Implementing Regulation (EU) 2019/1793 lays down rules concer ning the temporar y increase of official controls and 
emerge ncy measures governing the entr y into the Union of certain food and feed of non-animal origin from certain third 
countr ies, based on the empo werments provid ed in Article 47(2) (b) and Article 54(4) (a) and (b) of Regulation (EU) 
2017/625 of the European Parliament and of Council (2), as well as Article 53(1)(b) of Regulation (EU) No 178/2002 of 
the European Parliament and of Council (3).
(1)Commission Implementing Regulation (EU) 2019/1793 of 22 Octo ber 2019 on the temporar y increase of official controls and 
emergen cy measures governing the entr y into the Union of certain goods from third countr ies implementing Regulations (EU) 
2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (OJ L 277, 29.10.2019, p. 89).
(2)Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official 
activities perfor med to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant 
prot ection 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).
(3)Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 Januar y 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).EN Offi cial Jour nal of the European Union 11.7.2022 C 265/1  The objective of Implementing Regulation (EU) 2019/1793 is to protect Union consumers from known or emerging health 
risks, or because there is evidence of widespread serious non-compliance with the Union agri-food chain legislation (see 
Article 1(2) (a) and (c) of Regulation (EU) 2017/625 for food and feed of non-animal origin). Implementing Regulation (EU) 
2019/1793 provides for a harmonised approach to official controls on certain food and feed of non-animal origin entering 
the Union and is intended to ensure the application of Union agri-food chain legislation to such commodities.
Commodities originating in third countr ies and subject to a temporar y increase of controls, emergency measures or a 
suspension of entr y into the Union are listed in the Annex es to Implementing Regulation (EU) 2019/1793. The frequency 
of identity checks and physical checks on commodities subject to a temporar y increase of controls and emergency 
measures is established taking into account in particular the level of risk associated with the hazard under consideration, 
non-com pliances detected during official controls by compet ent author ities in the internal mark et, and the actual 
frequency of border rejections. Depending on the specific hazard, different criteria will need to be take n into account and 
the relative weight of the criterion will also diffe r (see, sections 3.1 and 3.2.2, below) .
The Annex es to Implementing Regulation (EU) 2019/1793 list food and feed of non-animal origin from certain third 
countr ies and the corresponding measures, as follows:
Annex I to Implementing Regulation (EU) 2019/1793 lists food and feed of non-animal origin from certain third countr ies 
subject to a temporar y increase of offici al controls at their entr y into the Union.
Annex II to Implementing Regulation (EU) 2019/1793 lists food and feed subject to special conditions, e.g., the 
requirement to provid e an official certificate and results of laboratory analysis, govern ing their entr y into the Union due to 
the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentach lorophenol and dioxins, and of 
microbiological contamination.
Annex IIa to Implementing Regulation (EU) 2019/1793 lists food and feed of non-animal origin for which the impor t into 
the Union is suspended.
Annex es II and IIa constitute emerge ncy measures within the meaning of Article 53 of Regulation (EC) No 178/2002.
Commodities are liste d on the basis of their third countr y of origin, the descr iption of the commodity , the combination of 
Combined Nomenclature (CN) code and Integrat ed Tariff of the European Union (TARIC) classification, and the hazard. 
Commodities from a third countr y may be simultaneously subject to temporar y increase of official controls and/or 
emerge ncy measures (save for suspension of entr y into the Union) for more than one hazard.
Article 12 of Implementing Regulation (EU) 2019/1793 requires the Commission to review the lists set out in the Annex es 
on a regular basis, and not exceeding six months, in light of new information relat ed to risks and non-com pliance. In 
addition, in case of an emerging risk, or where there is evidence of a widespread serious non-com pliance with the Union 
agri-food chain legislation, a safeg uard measure ranging from special import conditions (listing of the commodity in 
Annex I or Annex II) to suspension of entr y into the Union (listing in Annex IIa) may be imposed at any moment in 
response to imminent risks, regardless of the regular reviews
The necessar y amendments to Implementing Regulation (EU) 2019/1793 are adopt ed in accordance with the examination 
procedure refer red to in Article 58(2) of Regulation (EC) No 178/2002 and Article 145(2) of Regulation (EU) 2017/625.
Transitional periods may be necessar y to allow for the entr y into the Union of consignments of commodities that are 
dispatche d from the countr y of origin before an amendment to the Regulation enters into force. Such periods allow 
operat ors and third countr ies to adapt to the requirements established in the Regulation that amends the listed 
commodities in the Annexes, and, where required, for the compe tent author ities of third countr ies to organise a 
certification system. In certain situations, based on the level of risk there may be no transitional period provid ed.
3. Steps of the review in accordance with Article 12 of Implementing Regulation (EU) 2019/1793
3.1. Hazar ds included in Implementing Regulation (EU) 2019/1793
Commodities are listed on the basis of the origin/CN code/hazard combination.EN Offi cial Jour nal of the European Union C 265/2 11.7.2022  The list of hazards whic h may be the basis for increasing official controls or emerg ency measures in Implementing 
Regulation (EU) 2019/1793 is not exhaustive. At the moment the Implementing Regulation currently includes, among 
others the followi ng hazards:
(a) Microbiological: Salmonella;
(b) Chemical:
(i) Contaminants: aflatoxins, pentachlorophenol and dioxins;
(ii) Residues of pesticides: residues of pesticides listed in the coordinated multiannual Community control programme 
adopt ed by the Commission in accordance with Article 29(2) of Regulation (EC) No 396/2005 (4), and other 
residues of pesticides, for examp le amitraz, nicotine, tolfenpyrad, diafe nthiuron, dicof ol, dithiocarbamates, 
dinotefura n, folpet, prochloraz, thiophanate-meth yl, triforine, acephat e, phenthoat e, chlorbuf am, formetanat e, 
prothiof os, quinalphos, carbofuran, metraf enone;
(iii) Other hazards: Sudan dyes, rhodamine B, sulphites, cyanide, ethylene oxide.
The abov e list of hazards may be extended at a certain stage where there is a need to introduce certain commodities from 
certain countr ies for a particular hazard, theref ore the list provid ed is not exhaustive, only current hazards are mentioned 
in this Notice.
3.2. Information collection
The sources of information, information retrieved and reference period for collection of information for each commodity 
descr ibed below .
3.2.1. Sour ces of infor mation
Several sources of information are used to collect the information necessar y in the cont ext of the assessment of possible 
amendments of Regulation (EU) 2019/1793:
(a) Information exchanged between the Commission and Member States – proposals for new listings of product/hazard 
combinations, comments, requests for amendments;
(b) Information received from third countr ies, actions taken by third countr ies to ensure compl iance with relevant Union 
requirements;
(c) Information on the controls carried out by the Commission in third countr ies in accordance with Article 120 of 
Regulation (EU) 2017/625 – audit repor ts;
(d) Information from the European Food Safety Auth ority (EFSA);
(e) Records of results of official controls in the TRA CES-NT system.
3.2.2. Information retrie ved for each commodity
(a) Outcome of official controls carried out by the Member States on listed commodities, recorded in TRA CES-NT :
(i) Total number of consignments of food and feed of non-animal origin imp orted into the Union;
(ii) Total number of identity and physical checks carried out by the Member States’ compet ent author ities on 
consignments of food and feed of non-animal origin impor ted into the Union;
(iii) Total number of unfa vourable control results detected during physical checks (laboratory analysis) for the specifi c 
hazard for whic h the commodity is listed;
(iv) Percentag e of unfa vour able control results relative to the number of identity and physical chec ks on consignments 
for the hazard for which the commodity is listed;
(4)Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 Febr uary 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).EN Offi cial Jour nal of the European Union 11.7.2022 C 265/3  (b) Notif ications submitted in the Rapid Aler t System for Food and Feed (RASFF) and the Administrative Assistance and 
Cooperation Syste m (AA C) non-compliance and the AAC food fraud system s: number of RASFF border rejection 
notifi cations and AAC non-complian ce and AAC food fraud notifi cations for origin/product/hazard combinations;
(c) Trade volumes for concer ned commodities as provid ed by EUR OST AT.
3.2.3. Refere nce period for infor mation collection
The reference period for the Commission to collect the information descr ibed in point 3.2.2. for each commodity 
corresponds to the full semester (in the year before or during the same year) before a new review process is started. The 
referen ce period (semester) goes from Januar y to June, and from July to December of a given year. More recent 
developments and trends are considered where they are relevant in the context of assessing specif ic trends, in order to 
ensure a fully informed decision. For commodities to be newly listed in the Annex es, information from several semeste rs 
may be taken into consideration.
3.3. Information analy sis
3.3.1. Steps of the information analy ses process
The process of regular review start with collection of relevant information as descr ibed in point 3.2.3 and analysis of 
information available. Results of analysis, a review of origin/commodity/hazard combination and proposed amendments 
for Annex es are discussed with Member States in a working group of the Standing Committee on Plants, Animals, Food 
and Feed (PAFF). Results agreed with Member States are submitted to the Standing Committee on Plants, Animals, Food 
and Feed (PAFF) (5)for the opinion of Member State s.
3.3.2. Consider ations for information analysis
Several factors are taken into consideration during the assessment of information collected for possible amendments of 
Regulation (EU) 2019/1793.
Analysis is based on all information collected as mentioned in point 3.2.2. concer ning a certain commodity . Howe ver, a 
case-by- case assessment is made depending on the origin /commodity/hazard combination. In particular , measures may be 
maintained even if actual trade has stopped, where there is no evidence of an improvement in risk management, concer ning 
the relevant hazard, hazard at the place of origin of the commodity and theref ore, with the available information, the risk of 
unsafe commodities being expor ted to the Union remains.
Seasonal trade patte rns, trends in time and trade volumes are amongst the factors considered.
Where a poten tially systemic issue in a third countr y is detected, which goes beyond findings relating to the responsibility 
of individual operat ors for the compliance of their expor ts with the Union rules and where Member States repor t non- 
compl iance levels that do not signif icantly improve, a harmonised, gradual response, depending on the scope of the 
problem and the foreseeable management , is introduced:
(a) listing in Annex I/ increase in the frequency of checks for products already listed in Annex I (as a measure affect ing 
operators importing consignments of food and feed of non-animal origin into the Union and indirectly the third 
countr ies);
(b) listing in Annex II/ special impor t conditions are introduced where specifi c responsibility is placed upon the compet ent 
author ities of expor ting third countr ies, via an oblig ation for them to test at origin and certify compl iance of 
consignments with the Union rules;
(c) listing in Annex IIa/ where food or feed of non- animal origin imported into the Union constitute s a serious risk to 
human health, animal health or the environment, suspension of entr y into the Union of certain commodities may be 
imposed as the most stringe nt measure, due to serious/recur rent health issues and/or unresolved system ic issues.
(5)PAFF committees (europa.eu)EN Offi cial Jour nal of the European Union C 265/4 11.7.2022  3.4. Possible amendments resulting from information analysis
The decisions for each individual commodity are based on information analyses and on discussion with Member States 
during Working Group meetings on temporar y measures for the import of food and feed of non-animal origin. The 
decision is taken on a case by case basis for each individual commodity , taking into account a multifa ctor ial combination 
of hazard, frequency of non-compliance, trade volumes, scope of the problem and the forecast for its satisf actor y 
manage ment.
Possible decisions regarding amendment of Annex es of Regulation (EU) 2019/1793 are as follows :
(a) Inclusion of a commodity in an Annex;
(b) Deletion of a commodity from an Annex;
(c) Deletion of a commodity from one Annex and move ment to another Annex;
(d) Changes to the frequency of identity and physical checks required upon entr y into the Union: increase or decrease. 
Frequencies are set at 5 %, 10 %, 20 %, 30 %, and 50 %.
The frequency of identity and physical checks may vary on a case by case basis on a combination of multiple factors 
descr ibed in points 3.1 and 3.2, abov e, and in agreement with Member States’ during Working Group meetings.
3.5. Procedur e
The draf t amending act, prepared on the basis of the information analysis and outcome of discussions with Member States 
during Working Group meetings, is submitted for the opinion of the Standing Committee on Plants, Animals, Food and 
Feed (PAFF). The draf t amending act, after receiving a favour able opinion in the vote of the PAFF Committ ee, is adopt ed by 
the Commission and published in the Official Journal of the Europ ean Union (OJEU). In the period between receiving a 
favourable opinion of the PAFF Committee and before adoption by the Commission, the Commission informs the third 
countr y concer ned by lette r of the envisaged change s (e.g., inclusion/delisting from Annex es, chang es to the frequencie 
identity and physical chec ks) for the commodities listed in Annexes of the draf t amending act. After publication in the 
OJEU a sanitar y and phytosanitar y (SPS) notification is submitted by the Union to the World Trade Organization (WTO).
4. Glossar y
AAC The Administrative Assistance and Cooperation (AA C) System is a system developed and 
manage d by the Commission where members of the Union Food Fraud Network exchange 
information. Member State can contact the compet ent author ities of another Member State 
and share information in a secure manner , whic h can lead to administrative actions, 
administrative sanctions or judicial proceedings. It was fully integrat ed into the Rapid Aler t 
System for Food and Feed (iRASFF) in 2020.
Com pliance Comp liance with the rules as refer red to in Article 1(2) of Regulation (EU) 2017/625.
CN code The Combined Nomenclature code (CN code) is a tool for classifying goods set up to meet 
the requirements both of the Common Cust oms Tariff and of the Union external trade 
statistics. It is used mainly when the goods are declared to customs in the Union, and 
determines which rate of customs duty applies. It corresponds to the goods nomenclature, 
as laid down in Annex I to Council Regulation (EEC) No 2658/87. It comprises the 
harmonized syste m nomenclature.
TARIC classification It corresponds to an integrat ed tariff of the Union, based on the combined nomenclature. It 
compris es inter alia additional subdivisions, refer red to as ‘Taric’ subheadings ’, which are 
needed for the descr iption of goods subject to the specifi c Union measures, and the rates of 
customs duty and other charg es applicable, as defined in Article 2 of Council Regulation 
(EEC) No 2658/87.EN Offi cial Jour nal of the European Union 11.7.2022 C 265/5  Consignment It corresponds to the quantity of goods covered by the same official certificate, official 
attes tation or any other document, conve yed by the same means of transpor t and coming 
from the same territory or third countr y, and, excep t for goods subject to the rules refer red 
to in point (g) of Article 1(2) of Regulation (EU) 2017/625, being of the same type, class or 
descr iption, as defined in Article 3(37) of Regulation (EU) 2017/625.
EFSA The European Food Safet y Author ity (EFSA) is a European agency set up in 2002 by the 
Union under Regulation (EC) No 178/2002. It is responsible for assessing risks throughout 
the food chain, and providing independent scientific advice to the decision make rs who 
regulate food safety in the Union. It operat es independently from the European legislative 
and executi ve institutions (Commission, Council, and Parliament) and the Union Member 
State s.
Entr y into the Union The action of bringing goods into one of the territories that are liste d in Annex I to 
Regulation (EU) 2017/625 from outside these territories, as defined in Article 3(40) of this 
Regulation.
EU European Union
EUR OST AT Eurostat is the statistical office of the Union. It coordinat es statistical activities at Union level 
and provides high quality statistics and data on the Union.
Food and feed of non-animal 
originThe words ‘food and feed of non-animal origin’ refer to ‘food’ meaning any substance or 
product, whether processed, partially processed or unprocessed, intended to be, or 
reasonably expecte d to be ingested by humans as defined in Article 2 of Regulation (EC) 
No 178/2002; and ‘feed’ meaning any substance or product, including additives, whether 
processed, partially processed or unprocessed, intended to be used for oral feeding to 
animals, as defined in article 3(4) of Regulation (EC) No 178/2002, which are of plant 
origin (e.g. fruits and vege tables, spices, tea), or of any other non-animal origin, such as 
minerals (salt).
Hazard Any agent or condition with the poten tial to have an adverse effect on human, animal or 
plant health, animal welf are or the envi ronment, as defined in Article 3(23) of Regulation 
(EU) 2017/625.
Import of food and feed Imp ort of food and feed refers to non-U nion food and feed of non-animal origin intended to 
be placed on the Union market or intended for private use or consum ption within the 
customs territory of the Union.
Offi cial controls Offi cial controls are defined in Article 2(1) of Regulation (EU) 2017/625 as activities 
performe d by the compet ent author ities, or by the delegat ed bodies or the natural persons 
to whic h certain official control tasks have been delegat ed in accordance with Regulation 
(EU) 2017/625, in order to verify (a) compl iance by the operat ors with that Regulation and 
with the rules refer red to in Article 1(2); and (b) that animals or goods meet the 
requirements laid down in the rules refer red to in Article 1(2), including for the issuance of 
an official certificate or official attestation.
OJEU The Official Journal of the European Union (OJEU) is the gazette of record for the European 
Union.
PAFF The Standing Committee on Plants, Animals, Food and Feed (PAFF Committ ee) is compo sed 
by representatives of all Member States and presided by a Commission representative, and 
plays a key role in ensur ing that Union measures on food and feed safety , animal health & 
welf are as well as plant health are practical and effective. It delivers opinions on draf t 
measures that the Commission intends to adop t. The PAFF Committee’s mandate covers 
the entire food supply chain -from animal health issues on the farm to the product on the 
consumer ’s table - helping the Union deal effectively with health risks at ever y stage of the 
production chain.EN Offi cial Jour nal of the European Union C 265/6 11.7.2022  Placing on the market Placing on the mark et is defined in point (8) of Article 3 of Regulation (EC) No 178/2002 as 
the holding of food or feed for the purpose of sale, including offering for sale or any other 
form of transfe r, whether free of charge or not, and the sale, distr ibution, and other forms of 
transfer themselves.
RASFF The Rapid Aler t System for Food and Feed (RASFF) is established by Article 50 of Regulation 
(EC) No 178/2002 as a rapid alert system for the notification of a direct or indirect risk to 
human health deriving from food or feed and corresponds to a network involving the Union 
Member States, the Commission as member and manager of the system , EFSA. It also 
involves the European Free Trade Association (EFT A) state s and the EFTA Surveillance 
Auth ority. The differ ent types of notifi cations are defined in Article 2 of Commission 
Imp lementing Regulation (EU) 2019/1715. That Regulation also lays down implementing 
measures for the efficient operation of the RASFF . The RASFF notifications classif ied as 
border rejections concer n consignments of food, feed or food contact mat erial for which 
entr y into the Union was refused by a compe tent author ity at a border post within the 
Union due to a risk to human health, animal health or to the envi ronment.
Risk A function of the probability of an adverse effect on human, animal or plant health, animal 
welf are or the environment and of the sever ity of that effect, consequential to a hazard, as 
defined in Article 3(24) of Regulation (EU) 2017/625.
SPS Sanitar y and phytosanitar y (SPS)
TRA CES-NT The TRAde Control and Exper t System (TRA CES) is the Commission’s multilingual online 
sanitar y and phyt osanitar y certificat ion platf orm suppor ting the importation of animals, 
animal products, food and feed of non-animal origin and plants into the Union, and the 
intra-Un ion trade and the Union expor ts of animals and certain animal products. The new 
release of the tool called TRA CES New Techn ology (TRA CES-NT) features electronic 
certification practices by enabling both Union and third countr y compet ent author ities to 
stamp digitally official documents and certificates or to sign a decision taken on a 
consignment, thus, making the use of paper certification obsolete.
WTO The World Trade Org anization (WTO) deals with the global rules of trade between nations. 
Its main function is to ensure that trade flows as smoothly , predictably and freely as possible.
Unde r the WTO, the SPS Agreement states that countr ies should notify changes to their SPS 
measures. SPS measures are any measure applied (i) to protect human or animal life or 
health from risks arising from additives, contaminants, toxins or disease-causing 
organisms in foods, beverages or feedstuffs; (ii) to protect human life or health from risks 
arising from diseases carried by animals, plants or products thereof, or from the entr y, 
establishment or spread of pests; (iii) to prot ect animal or plant life or health from risks 
arising from the entr y, establishment or spread of pests, diseases, disease-car rying 
organisms or disease-causing orga nisms; or (iv) to prevent or limit other damage from the 
entr y, establishment or spread of pests.
The agreement states that: ‘Sanitar y or phytosanitar y measur es include all relevant laws, decrees, 
regu lations, requirements and procedur es including, inter alia, end prod uct criteria; processes and 
production methods; testing, inspection, certification and approval procedures; quar antine treatments 
including relevant requirements associated with the transpor t of animals or plants, or with the 
mater ials necessar y for their survival during transpor t; provisions on relevant statistical methods, 
sampling procedur es and methods of risk assessment ; and packaging and labelling requir ements 
directl y related to food safety .’
The SPS Agreement requires countr ies to notify the WTO of proposed new sanitar y and 
phytosanitar y regulations or modifi cations to existing regulations whenever : (i) either an 
internati onal standard, guideline or recommendation does not exist, or; (ii) the cont ent of a 
proposed SPS regulation is not substantially the same as the content of an international 
standard, guideline or recommendation, and, in both cases, if; (iii) the regulation may have 
a significant effect on trade of other countr ies.EN Offi cial Jour nal of the European Union 11.7.2022 C 265/7