COMMISSION IMPLEMENTING DECISION  
of 13 June 2013  
amending Implementing Decision 2011/884/EU on emergency measures regarding unauthorised 
genetically modified rice in rice products originating from China  
(Text with EEA relevance)  
(2013/287/EU)  
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 safety (  1 ), and in particular 
Article 53(1) thereof,  
Whereas:  
(1) Commission Implementing Decision 2011/884/EU of 
22 December 2011 on emergency measures regarding 
unauthorised genetically modified rice in rice products 
originating from China and repealing Decision 
2008/289/EC (  2 ) provides for a review of the 
emergency measures provided therein in order to assess 
whether they continue to be necessary and adapted to 
the objective pursued.  
(2) Since the entry into force of Implementing Decision 
2011/884/EU, there have been 56 notifications from 
Member States to the Rapid Alert System for Food and 
Feed (RASFF) as established by Regulation (EC) No 
178/2002 concerning unauthorised genetically modified 
rice in rice products originating from China. Under those 
conditions, the emergency measures set out in Imple ­
menting Decision 2011/884/EU have to be maintained 
in order to prevent the placing on the market of 
genetically modified food and feed which is not 
covered by an authorisation granted in accordance with 
Regulation (EC) No 1829/2003 of the European 
Parliament and of the Council (  3 ). 
(3) From the experience gained by Member States in Imple ­
menting Decision 2011/884/EU and from information 
collected from stakeholders by the Commission, it 
appears also necessary to adjust some of the 
requirements set out in that Decision.  
(4) In particular, official controls carried out by the Member 
States have shown that other products which may contain rice should be added to the scope of Imple ­
menting Decision 2011/884/EU. The possibility for the 
competent authorities to carry out physical checks on 
other products should also be provided.  
(5) In addition, some Member States have highlighted during 
the review process that the requirements set out in 
Implementing Decision 2011/884/EU as regards the 
prior notification of consignments are not fully aligned 
with the requirements provided for in Commission Regu ­
lation (EC) No 669/2009 of 24 July 2009 implementing 
Regulation (EC) No 882/2004 of the European 
Parliament and of the Council as regards the increased 
level of official controls on imports of certain feed and 
food of non-animal origin and amending Decision 
2006/504/EC (  4 ) and, where applicable, in Commission 
Regulation (EC) No 136/2004 of 22 January 2004 laying 
down procedures for veterinary checks at Community 
border inspection posts on products imported from 
third countries (  5 ). Regulation (EC) No 669/2009 
provides the obligation for the feed and food business 
operators to complete Part 1 of the common entry 
document detailed in its Annex II when importing feed 
and food of non-animal origin covered in that Regu ­
lation. Similarly, Regulation (EC) No 136/2004 provides 
for an obligation to complete the common veterinary 
entry document detailed in its Annex III when 
importing products falling under the scope of that Regu ­
lation. In view of improving the efficiency of official 
controls, it is therefore appropriate to align the 
requirements on prior notification set out in Imple ­
menting Decision 2011/884/EU with those set in Regu ­
lation (EC) No 669/2009 and, where applicable, in Regu ­
lation (EC) No 136/2004. To avoid misunderstanding, it 
should also be detailed in that Decision that prior notifi ­
cations should be addressed to the competent authorities 
at the Border Inspection Post or at the designated point 
of entry.  
(6) Sampling methodologies play a crucial role in obtaining 
representative and comparable results. Annex II to Imple ­
menting Decision 2011/884/EU defines a common 
protocol for sampling and analysis for the control of 
the absence of genetically modified rice. Experience to 
date has shown that the majority of imports covered 
by the Decision are processed products. In such cases 
the presence of unauthorised genetically modified rice 
is expected to be distributed homogenously throughout 
the lot. In the light of those elements, it appears 
necessary to add an additional sampling protocol more 
appropriate for such products.EN L 162/10 Official Journal of the European Union 14.6.2013  
( 1 ) OJ L 31, 1.2.2002, p. 1.  
( 2 ) OJ L 343, 23.12.2011, p. 140.  
( 3 ) OJ L 268, 18.10.2003, p. 1.  ( 4 ) OJ L 194, 25.7.2009, p. 11.  
( 5 ) OJ L 21, 28.1.2004, p. 11.(7) It is necessary to provide a new transitional period for 
the application of the new provisions contained in this 
Decision in order to let food and feed business operators 
time to adapt to the new situation created by this 
Decision.  
(8) The situation concerning the possible contamination of 
rice products with unauthorised genetically modified rice 
lines should continue to be reviewed regularly in order to 
assess whether the measures provided for in this Decision 
are still necessary and adapted to the objective pursued 
and to ensure that it takes into account new scientific 
and technical developments.  
(9) The measures provided for in this Decision are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health,  
HAS ADOPTED THIS DECISION:  
Article 1  
Implementing Decision 2011/884/EU is amended as follows:  
(1) Article 1 is replaced by the following:  
‘Article 1  
Scope  
1. The Decision shall apply to products originating in or 
consigned from China listed in Annex I.  
2. Member States may carry out random physical checks 
in accordance with Annex II to this Decision on food and 
feed originating in or consigned from China other than 
those mentioned in paragraph 1 but which may consist, 
contain or be produced from rice, in order to ensure 
compliance with Articles 4(3) and 16(3) of Regulation 
(EC) No 1829/2003.  
3. This Decision shall not apply to consignments of food 
and feed referred to in paragraph 1 which are destined to a 
private person for personal consumption and use only. In 
case of doubt, the burden of proof lies with the recipient of 
the consignment.’;  
(2) Article 3 is replaced by the following:  
‘Article 3  
Prior notification  
1. Feed and food business operators or their represen ­
tatives shall give adequate prior notification of the estimated 
date and time of the physical arrival of the consignment and 
of the nature of the consignment to the competent auth ­
orities at the Border Inspection Post or at the Designated 
Point of Entry as appropriate. Operators shall also indicate 
the designation of the product as to whether it is food or 
feed.  
2. For that purpose, they shall complete the relevant 
parts of the common entry document (CED) referred to in 
Annex II to Regulation (EC) No 669/2009, or the common 
veterinary entry document (CVED), as provided for in 
Article 2 of Commission Regulation (EC) No 136/2004 (*), 
and transmit that document to the competent authority at the Border Inspection Post or at the Designated Point of 
Entry as appropriate, at least one working day prior to the 
physical arrival of the consignment.  
3. Paragraphs 1 and 2 shall not apply to products 
referred to in Annex I which are not containing, consisting 
or produced from rice.  
___________  
(*) OJ L 21, 28.1.2004, p. 11.’;  
(3) paragraphs 1 and 2 of Article 4 are replaced by the 
following:  
‘1. Each consignment of product referred to in Article 1 
shall be accompanied by an analytical report for each lot, 
and by a health certificate in accordance with the models set 
out in Annexes III and IV, completed, signed and verified by 
an authorised representative of the “Entry Exit Inspection 
and Quarantine Bureau of the People’s Republic of China” 
(AQSIQ). The analytical report and the health certificate 
shall be drawn up in an official language of the Member 
State of import, or in another language that the competent 
authorities of that Member State have decided to accept.  
2. Where a product referred to in Annex I does not 
contain, consist of or is not produced from rice, the 
analytical report and the health certificate may be replaced 
by a statement from the operator responsible for the 
consignment indicating that the food or feed does not 
contain, consist or is produced from rice. This statement 
shall be drawn up in an official language of the Member 
State of import, or in another language that the competent 
authorities of that Member State have decided to accept.’;  
(4) Article 5 is replaced by the following:  
‘Article 5  
Official controls  
1. Each consignment of products referred to in Article 1 
is subject to documentary checks to ensure that the import 
conditions provided for in Article 4 are complied with.  
2. Where a consignment of products other than those 
described in Article 4(2) is not accompanied by a health 
certificate and the analytical report provided for in Article 4, 
the consignment shall be re-dispatched to the country of 
origin or destroyed.  
3. Where a consignment is accompanied by the health 
certificate and the analytical report provided for in Article 4 
the competent authority shall take a sample for analysis in 
accordance with Annex II for the presence of unauthorised 
GMOs with a frequency of 100 %. If the consignment 
consists of several lots, each lot shall be submitted to 
sampling and analysis.  
4. The competent authority may authorise onward trans ­
portation of the consignment pending the results of the 
physical checks. In such a case the consignment shall 
remain under the continuous control of the competent 
authorities pending the results of the physical checks.EN 14.6.2013 Official Journal of the European Union L 162/115. After completion of the checks provided for in para ­
graphs 1 to 4, the competent authority shall:  
(a) complete the relevant part of Part II of the CED or, 
where appropriate, the CVED; and the responsible 
official of the competent authority shall stamp and 
sign the original of that document.  
The CED or, where appropriate the CVED, can be 
completed only when the result of the analysis 
referred to in paragraph 3 is available;  
(b) make and retain a copy of the signed and stamped CED 
or, where appropriate, CVED.  
The original of the CED or, where appropriate, the 
CVED shall accompany the consignment on its 
onward transport until it reaches its destination as 
indicated in the CED or the CVED.  
6. The release for free circulation of consignments shall 
only be allowed when, following sampling and analyses 
performed in accordance with Annex II, all lots of that 
consignment are considered compliant with Union Law. 
This requirement also applies to consignments tested in 
accordance with Article 1(2).’;  
(5) Article 9 is replaced by the following:  
‘Article 9  
Transitional provisions  
Until 5 August 2013, Member States shall authorise the 
imports of consignments of products referred to in 
Article 1(1) with the exception of the products of Annex 
I corresponding to Combined Nomenclature Codes 
1905 90 60, 1905 90 90 and 2103 90 90, which have 
physically arrived in the Union before 4 July 2013, even 
if the CED has not been transmitted to the competent 
authority at least one working day prior to the physical arrival of the consignment as required by Article 3(2), 
provided that the other requirements set out in Article 3 
are met.  
Until 5 October 2013, Member States shall authorise the 
imports of consignments of products corresponding in 
Annex I to Combined Nomenclature Codes 1905 90 60, 
1905 90 90 and 2103 90 90, which do not meet the 
conditions referred to in Articles 3 and 4, provided that 
the competent authority has conducted sampling and 
analysis in accordance with Article 5(3).’;  
(6) Annexes I and II are amended in accordance with Annexes I 
and II to this Decision.  
Article 2  
Article 10 is replaced by the following:  
‘Article 10  
Review of the measure  
The measures provided for in this Decision shall be reviewed 
regularly to take into account, where appropriate, new devel ­
opments as regards the presence of unauthorised GMOs in 
products originating in or consigned from China, or as 
regards scientific and technical progress in the methods for 
sampling and analysis provided in this Decision.’  
Article 3  
Entry into force  
This Decision shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
Done at Brussels, 13 June 2013.  
For the Commission  
The President  
José Manuel BARROSOEN L 162/12 Official Journal of the European Union 14.6.2013ANNEX I  
Annex I to Implementing Decision 2011/884/EU is replaced by the following:  
‘ANNEX I  
LIST OF PRODUCTS  
Product  CN code  
Rice in the husk (“paddy” or rough)  1006 10  
Husked (brown) rice  1006 20  
Semi-milled or wholly milled rice, whether or not polished or 
glazed  1006 30  
Broken rice  1006 40 00  
Rice flour  1102 90 50  
Rice groats and meal  1103 19 50  
Rice pellets  1103 20 50  
Flaked rice grains  1104 19 91  
Rolled or flaked cereal grains (excluding grains of oats, wheat, 
rye, maize and barley, and flaked rice)  1104 19 99  
Rice starch  1108 19 10  
Preparations for infant use, put up for retail sale  1901 10 00  
Uncooked pasta, not stuffed or otherwise prepared, 
containing eggs  1902 11 00  
Uncooked pasta, not stuffed or otherwise prepared, not 
containing eggs  1902 19  
Stuffed pasta, whether or not cooked or otherwise prepared  1902 20  
Other pasta (other than uncooked pasta, not stuffed or 
otherwise prepared, and other than stuffed pasta, whether 
or not cooked or otherwise prepared)  1902 30  
Prepared foods obtained by swelling or roasting cereals or 
cereal products, obtained from rice  1904 10 30  
Preparations of the muesli-type based on unroasted cereal 
flakes  1904 20 10  
Prepared foods obtained from unroasted cereal flakes or from 
mixtures of unroasted cereal flakes and roasted cereal flakes 
or swelled cereals, obtained from rice (excluding preparations 
of the muesli-type on the basis of unroasted cereal flakes)  1904 20 95  
Rice, pre-cooked or otherwise prepared, not elsewhere 
specified or included (excluding flour, groats and meal, food 
preparations obtained by swelling or roasting or from 
unroasted cereal flakes or from mixtures of unroasted cereal 
flakes and roasted cereal flakes or swelled cereals)  1904 90 10  
Rice paper  ex 1905 90 20EN 14.6.2013 Official Journal of the European Union L 162/13Product  CN code  
Biscuits  1905 90 45  
Extruded or expanded products, savoury or salted  1905 90 55  
Extruded or expanded products, sweetened (e.g. Fruit tarts, 
currant bread, panettone, meringues, Christmas stollen, crois ­
sants, and other baker’s wares)  1905 90 60  
Extruded or expanded products neither sweetened nor 
savouried nor salted (e.g. Pizzas, quiches and other 
unsweetened baker’s wares)  1905 90 90  
Sauces and preparations, mixed condiments and mixed 
seasonings  2103 90 90  
Bran, sharps and other residues, whether or not in the form 
of pellets, derived from the sifting, milling or other working 
of rice with a starch content not exceeding 35 % by weight  2302 40 02  
Bran, sharps and other residues, whether or not in the form 
of pellets, derived from the sifting, milling or other working 
of rice other than with a starch content not exceeding 35 % 
by weight  2302 40 08’  
ANNEX II  
Annex II to Implementing Decision 2011/884/EU is amended as follows:  
(1) in point 2.2 the words ‘CEN/ISO 15568’ are replaced by ‘CEN/TS 15568:2007’;  
(2) in point 3, the second paragraph is replaced by the following:  
‘In the case of grain samples, the designated control laboratory shall take from the homogenised laboratory sample 
four analytical samples of 240 grams (equivalent 10 000 rice grains). The four analytical samples shall be ground and 
further analysed separately. Two extractions shall be made from each analytical sample. One PCR test for each GM 
genetic element shall be made for each extraction in accordance with the screening methods detailed under point 4 
below.  
For processed products such as flour, pasta or starch one analytical sample of 125 g shall be prepared from the 
homogenised laboratory sample. This analytical sample shall be ground, and from this sample two extractions shall be 
made with one PCR test for each GM genetic element for each extraction in accordance with the screening methods 
detailed under point 4.  
The consignment shall be considered as non-compliant if at least one GM genetic element is detected in at least one 
analytical sample of the consignment according to the guidelines provided in the European Union Reference 
Laboratory for GMOs (EURL for GMOs) report.’;  
(3) in point 5, the words ‘the EU RL GMFF’ are replaced by ‘the EURL for GMOs’.EN L 162/14 Official Journal of the European Union 14.6.2013