COMMISSION IMPLEMENTING REGUL ATION (EU) 2019/35 
of 8 Januar y 2019 
amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the 
European Parliament and of the Council as regards the increased level of official controls on 
impor ts of certain feed and food of non-animal origin 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 Apr il 2004 on 
official controls perf ormed to ensure the verification of compliance with feed and food law, animal health and animal 
welf are rules (1), and in particular Article 15(5) and 63(1) thereof, 
Whereas: 
(1)  Commission Regulation (EC) No 669/2009 (2) lays down rules concer ning the increased level of official controls 
to be carried out on impor ts of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at 
a designated point of entr y (‘DPE’) into the territori es referred to in Annex I to Regulation (EC) No 882/2004. 
(2)  Pursuant to Regulation (EC) No 669/2009, Member States are required to submit to the Commission biannually 
a repor t on consignments of feed and food in the list, including details of each consignment, the number of 
consignments subjected to sam pling for analysis and the results of the official controls carried out in accordance 
with Regulation (EC) No 669/2009. Certain Member States register the common entr y documents issued by their 
respective compe tent author ities in accordance with Regulation (EC) No 669/2009 on a volun tary basis in the 
Trade Control and Exper t System (TRA CES) established by Commission Decisions 2003/24/EC (3) and 
2004/292/EC (4), thus provid ing the Commission with details of each consignment, the number of consignments 
subjecte d to sampling for analysis and the results of the chec ks provid ed for in Regulation (EC) No 669/2009. 
The repor ting oblig ation should theref ore be deemed to be satisfi ed where Member State s register in TRA CES the 
common entr y documents issued in accordance with Regulation (EC) No 669/2009 during the repor ting period 
set out in that Regulation. 
(3)  Article 19(1) of Regulation (EC) No 669/2009 provi des for a transitional period during which the minimum 
requirements for the DPEs may be progressively implemen ted and identity and physical checks may be carried 
out at control points other than DPEs. This transitional period was extended by Commission Implementing 
Regulation (EU) No 718/2014 (5) until 14 August 2019, pending the outcome of the review of the provisions 
applicable to DPEs and to border controls in general. That review result ed in the adopt ion of Regulation 
(EU) 2017/625 of the European Parliament and of the Council (6), which is to apply from 14 December 2019. 
That Regulation provid es that delegat ed acts are to be established concer ning rules establishing the cases where 
and the conditions under which identity and physical chec ks on consignments of goods subject to a temporar y 11.1.2019 L 9/77 Official Jour nal of the European Union EN     
(1)OJ L 165, 30.4.2004, p. 1. 
(2)Commission Regulation (EC) No 669/2009 of 24 July 2009 implem enting Regulation (EC) No 882/2004 of the European Parliament 
and of the Council as regards the increased level of official controls on impor ts of certain feed and food of non-animal origin and 
amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11). 
(3)Commission Decision 2003/24/EC of 30 December 2002 concer ning the development of an integrat ed compu terised veterinar y system 
(OJ L 8, 14.1.2003, p. 44). 
(4)Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC 
(OJ L 94, 31.3.2004, p. 63). 
(5)Commission Implementing Regulation (EU) No 718/2014 of 27 June 2014 amending Regulation (EC) No 669/2009 implementing 
Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on 
impo rts of certain feed and food of non-animal origin (OJ L 190, 28.6.2014, p. 55). 
(6)Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official 
activities perf ormed 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). increase of official controls may be performed by compet ent author ities at control points other than border 
control posts. Since those rules are to apply from 14 December 2019, it is appropr iate to extend the transitional 
period until the day before that date. 
(4)  Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I to that Regulation is to be reviewed 
on a regular basis, and at least biannually , taking into account the sources of information refer red to in that 
Article. 
(5)  The occur rence and relevance of recent food incidents notified through the Rapid Aler t System for Food and 
Feed, as established by Regulation (EC) No 178/2002 (7) of the European Parliament and of the Council, 
information rega rding official controls perf ormed by Member States on feed and food of non-animal origin as 
well as the biannual repor ts on consignments of feed and food of non-animal origin submitte d by Member States 
to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009, indicate that the list should 
be amended. 
(6)  In particular , for consignments of aubergines from the Dominican Republic, beans from Ken ya and peppers 
(other than sweet) from Uganda, the relevant sources of information indicate the emerg ence of new risks to 
human health due to possible pesticide residues contamination, requir ing the introduction of an increased level of 
official controls. In addition, for consignments of blac k pepper from Brazil, sweet peppers from China and 
sesamum seeds from Ethiopia, the relevant sources of information indicate the emergence of new risks to human 
health due to possible Salmonella contamination requir ing the introduction of an increased level of official 
controls. Entr ies concer ning those consignments should theref ore be included in the list. 
(7)  In addition, it is appropr iate to delet e the entr ies for commodities for which the available information indicates 
an overall satisf actory degree of compliance with the relevant safety requirements provid ed for in Union 
legislation and for whic h an increased level of official controls is theref ore no long er justified. The entr y in the 
list concer ning pineapples from Benin should theref ore be deleted. 
(8)  Moreover , it is appropr iate to increase the frequency of identity and physical chec ks on commodities for whic h 
the relevant sources of information indicate a degree of non-comp liance with the relevant requirements provid ed 
for in Union legislation warranting an increased level of official controls. The entr ies in the list concer ning sweet 
peppers and peppers (other than sweet) from Egyp t, peppers (other than sweet) from India and Pakistan, peppers 
(sweet or other than sweet) from Sri Lanka and hazelnuts from Georgia should theref ore be amended 
according ly. 
(9)  The scope of the entr y concer ning hazelnuts from Georgia should be amended to include forms of the product 
other than the ones currently listed, where those other forms present the same risk. It is theref ore appropr iate to 
amend the existing entr y concer ning hazelnuts from Georgia to include flour , meal and powder of hazelnuts and 
hazelnuts, other wise prepared or preser ved. 
(10)  In order to ensure consistency and clarity, it is appropr iate to replace Annex I to Regulation (EC) No 669/2009 
by the text set out in the Annex to this Regulation. 
(11)  The measures provi ded for in this Regulation are in accordance with the opinion of the Standing Committee on 
Plants, Animals, Food and Feed, 
HAS ADOPTED THIS REGUL ATION: 
Article 1 
Amendments to Regulation (EC) No 669/2009 
Regulation (EC) No 669/2009 is amended as follows:  
(1) In Article 15, the following paragraph 4 is added: 
‘4. The repor ting obligations set out in paragraphs 1 and 2 shall be deemed to be satisfied where Member States 
have registere d in TRA CES the common entr y documents issued by their respective compet ent author ities in 
accordance with this Regulation during the repor ting period set out in paragraph 1.’ 11.1.2019 L 9/78 Official Jour nal of the European Union EN     
(7)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 Safet y Authority and laying down procedures in matt ers of food safet y 
(OJ L 31, 1.2.2002, p. 1). (2) In Article 19, paragraph 1 is replaced by the followi ng: 
‘1. Until 13 December 2019, where a designate d point of entr y is not equipped with the facilities required to 
carry out identity and physical chec ks as provided for in Article 8(1)(b), those chec ks may be carried out at another 
control point in the same Member State , author ised for that purpose by the compet ent author ity, before goods are 
declared for release for free circulation, provid ed that such control point compl ies with the minimum requirements 
laid down in Article 4.’  
(3) Annex I is replaced by the text set out in the Annex to this Regulation. 
Article 2 
Entr y into force and application 
This Regulation shall enter into force on the third day followi ng 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 State s. 
Done at Brussels, 8 Januar y 2019. 
For the Commission 
The President 
Jean-Claude JUNCK ER  11.1.2019 L 9/79 Official Jour nal of the European Union EN     ANNEX 
‘ANNEX I 
Feed and food of non-animal origin subject to an increased level of official controls at the 
designated point of entr y 
Feed and food 
(intended use) CN code (1) TARIC  
sub-division Countr y of origin Hazard Frequency of 
physical and 
identity 
checks (%) 
—  Groundnuts (peanuts), in shell —  1202 41 00  Bolivia (BO) Aflatoxins 50 
—  Groundnuts (peanuts), shelled —  1202 42 00 
—  Peanut butter —  2008 11 10 
—  Groundnuts (peanuts), other wise 
prepared or preser ved 
(Feed and food) —  2008 11 91; 
2008 11 96; 
2008 11 98 
—  Black pepper (Piper) 
(Food – neither crushed nor ground) ex 0904 11 00 10 Brazil (BR) Salmonella (2) 20 
Goji berries (wolfber ries) (Lycium bar­
barum L.) 
(Food — fresh, chilled or dried) ex 0813 40 95; 
ex 0810 90 75 10 
10 China (CN) Pesticide  
residues (3)(4) 10 
Sweet peppers (Capsicum annuum) 
(Food – crushed or ground) ex 0904 22 00 11 China (CN) Salmonella (2) 20 
Tea, whether or not flavour ed 
(Food) 0902  China (CN) Pesticide  
residues (3)(5) 10 
Aubergines 
(Solanum melongena) 
(Food – fresh or chilled) 0709 30 00  Dominican 
Republic (DO) Pesticide  
residues (3) 20 
—  Sweet peppers (Capsicum annuum) —  0709 60 10; 
0710 80 51  Dominican 
Republic (DO) Pesticide  
residues (3)(6) 20 
—Peppers (other than sweet) (Cap ­
sicum spp.) —  ex 0709 60 99; 
ex 0710 80 59 20 
20 
—  Yardlong beans 
(Vigna unguiculata spp. sesquipedalis, 
vigna unguiculata spp. unguiculata) 
(Food — fresh, chilled or frozen) —  ex 0708 20 00; 
ex 0710 22 00 10 
10 
—  Sweet peppers (Capsicum annuum) —  0709 60 10; 
0710 80 51  Egypt (EG) Pesticide  
residues (3)(7) 20 
—Peppers (other than sweet) (Cap ­
sicum spp.) 
(Food — fresh, chilled or frozen) —  ex 0709 60 99; 
ex 0710 80 59 20 
20 
Sesamum seeds 
(Food — fresh or chilled) 1207 40 90  Ethiopia (ET) Salmonella (2) 50 11.1.2019 L 9/80 Official Jour nal of the European Union EN     Feed and food 
(intended use) CN code (1) TARIC  
sub-division Countr y of origin Hazard Frequency of 
physical and 
identity 
checks (%) 
—  Hazelnuts, in shell —  0802 21 00  Georgia (GE) Aflatoxins 50 
—  Hazelnuts, shelled —  0802 22 00 
—Flour , meal and powder of hazel ­
nuts —  ex 1106 30 90 40 
—  Hazelnuts, other wise prepared or 
preser ved 
(Food) —  ex 2008 19 19; 
ex 2008 19 95; 
ex 2008 19 99 30 
20 
30 
Palm oil 
(Food) 1511 10 90; 
1511 90 11;  Ghana (GH) Sudan dyes (8) 50 
ex 1511 90 19; 
1511 90 99 90 
—  Groundnuts (peanuts), in shell —  1202 41 00  Gambia (GM) Aflatoxins 50 
—  Groundnuts (peanuts), shelled —  1202 42 00 
—  Peanut butter —  2008 11 10 
—  Groundnuts (peanuts), other wise 
prepared or preser ved 
(Feed and food) —  2008 11 91; 
2008 11 96; 
2008 11 98 
Okra 
(Food – fresh, chilled or frozen) ex 0709 99 90; 
ex 0710 80 95 20 
30 India (IN) Pesticide  
residues (3)(9) 10 
Peppers (other than sweet) (Capsicum 
spp.) 
(Food — fresh, chilled or frozen) ex 0709 60 99; 
ex 0710 80 59 20 
20 India (IN) Pesticide  
residues (3)(10) 20 
Beans (Vigna spp., Phaseolus spp.) 
(Food – fresh or chilled) 0708 20  Kenya (KE) Pesticide  
residues (3) 5 
Chinese celer y (Apium graveolens) 
(Food — fresh or chilled herb) ex 0709 40 00 20 Cambodia (KH) Pesticide  
residues (3)(11) 50 
Yardlong beans 
(Vigna unguiculata spp. sesquipedalis, 
vigna unguiculata spp. unguiculata) 
(Food — fresh, chilled or frozen 
vegetables) ex 0708 20 00; 
ex 0710 22 00 10 
10 Cambodia (KH) Pesticide  
residues (3)(12) 50 
Turnips (Brassica rapa spp. Rapa) 
(Food — prepar ed or preser ved by 
vineg ar or acet ic acid) ex 2001 90 97 11; 19 Lebanon (LB) Rhodamine B 50 
Peppers (sweet or other than sweet) 
(Capsicum spp.) 
(Food — dried, roasted, crushed or 
ground) ex 2008 99 99; 79 Sri Lanka (LK) Aflatoxins 50 
0904 21 10;  
ex 0904 21 90; 
ex 0904 22 00 20 
11; 19 11.1.2019 L 9/81 Official Jour nal of the European Union EN     Feed and food 
(intended use) CN code (1) TARIC  
sub-division Countr y of origin Hazard Frequency of 
physical and 
identity 
checks (%) 
—  Groundnuts (peanuts), in shell —  1202 41 00  Madagascar (MG) Aflatoxins 50 
—  Groundnuts (peanuts), shelled —  1202 42 00 
—  Peanut butter —  2008 11 10 
—  Groundnuts (peanuts), other wise 
prepared or preser ved 
(Feed and food) —  2008 11 91; 
2008 11 96; 
2008 11 98 
Sesamum seeds 
(Food — fresh or chilled) 1207 40 90  Niger ia (NG) Salmonella (2) 50 
Peppers (other than sweet) (Capsicum 
spp.) 
(Food — fresh, chilled or frozen) ex 0709 60 99; 
ex 0710 80 59 20 
20 Pakis tan (PK) Pesticide  
residues (3) 20 
Raspber ries 
(Food — frozen) 0811 20 31;  Serbia (RS) Norov irus 10 
ex 0811 20 11; 
ex 0811 20 19 10 
10 
—  Groundnuts (peanuts), in shell —  1202 41 00  Sudan (SD) Aflatoxins 50 
—  Groundnuts (peanuts), shelled —  1202 42 00 
—  Peanut butter —  2008 11 10 
—  Groundnuts (peanuts), other wise 
prepared or preser ved 
(Feed and food) —  2008 11 91; 
2008 11 96; 
2008 11 98 
Sesamum seeds 
(Food — fresh or chilled) 1207 40 90  Sudan (SD) Salmonella (2) 50 
Waterm elon (Egusi, Citrullus spp.) seeds 
and derived products 
(Food) ex 1207 70 00; 
ex 1106 30 90; 
ex 2008 99 99 10 
30 
50 Sier ra Leone (SL) Aflatoxins 50 
—  Groundnuts (peanuts), in shell —  1202 41 00  Senegal (SN) Aflatoxins 50 
—  Groundnuts (peanuts), shelled —  1202 42 00 
—  Peanut butter —  2008 11 10 
—  Groundnuts (peanuts), other wise 
prepared or preser ved 
(Feed and food) —  2008 11 91; 
2008 11 96; 
2008 11 98 
Turnips (Brassica rapa spp. Rapa) 
(Food — prepar ed or preser ved by 
vineg ar or acet ic acid) ex 2001 90 97 11; 19 Syria (SY) Rhodamine B 50 
Peppers (other than sweet) (Capsicum 
spp.) 
(Food — fresh, chilled or frozen) ex 0709 60 99; 
ex 0710 80 59 20 
20 Thailand (TH) Pesticide  
residues (3)(13) 10 11.1.2019 L 9/82 Official Jour nal of the European Union EN     Feed and food 
(intended use) CN code (1) TARIC  
sub-division Countr y of origin Hazard Frequency of 
physical and 
identity 
checks (%) 
—  Dried apricots —  0813 10 00  Turke y (TR) Sulphites (15) 20 
—  Apr icots, other wise prepared or 
preser ved (14) 
(Food) —  2008 50 61 
Dried grapes (including dried grapes 
cut or crushed into a paste, without 
any further treatment) 
(Food) 0806 20  Turke y (TR) Ochrat oxin A 5 
Lemons (Citr us limon, Citrus limonum) 
(Food – fresh, chilled or dried) 0805 50 10  Turke y (TR) Pesticide  
residues (3) 10 
Pomegranates 
(Food — fresh or chilled) ex 0810 90 75 30 Turke y (TR) Pesticide  
residues (3)(16) 10 
Sweet Peppers (Capsicum annuum) 
(Food — fresh, chilled or frozen) 0709 60 10; 
0710 80 51  Turke y (TR) Pesticide  
residues (3)(17) 10 
Peppers (other than sweet) (Capsicum 
spp.) 
(Food — fresh, chilled or frozen) ex 0709 60 99 
ex 0710 80 59 20 
20 Uganda (UG) Pesticide  
residues (3) 20 
Sesamum seeds 
(Food — fresh or chilled) 1207 40 90  Uganda (UG) Salmonella (2) 50 
—  Pistachios, in shell —  0802 51 00  United States 
(US) Aflatoxins 10 
—  Pistachios, shelled —  0802 52 00 
—  Pistachios, roasted 
(Food) —  ex 2008 19 13; 
ex 2008 19 93 20 
20 
—  Dried apricots —  0813 10 00  Uzbekist an (UZ) Sulphites (15) 50 
—  Apr icots, other wise prepared or 
preser ved (14) 
(Food) —  2008 50 61 
—  Coriander leaves —  ex 0709 99 90 72 Vietnam (VN) Pesticide  
residues (3)(18) 50 
—  Basil (holy , sweet) —  ex 1211 90 86 20 
—  Mint —  ex 1211 90 86 30 
—  Parsle y 
(Food — fresh or chilled herbs) —  ex 0709 99 90 40 
Okra 
(Food – fresh, chilled or frozen) ex 0709 99 90 
ex 0710 80 95 20 
30 Vietnam (VN) Pesticide  
residues (3)(18) 50 11.1.2019 L 9/83 Official Jour nal of the European Union EN     Feed and food 
(intended use) CN code (1) TARIC  
sub-division Countr y of origin Hazard Frequency of 
physical and 
identity 
checks (%) 
Peppers (other than sweet) (Capsicum 
spp.) 
(Food — fresh, chilled or frozen) ex 0709 60 99; 
ex 0710 80 59 20 
20 Vietnam (VN) Pesticide  
residues (3)(18) 50  
(1) Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is 
marked ‘ex’. 
(2)Reference method EN/ISO 6579-1 or a method validated again st it in accordance with the most recent version of EN/ISO 16140 or other inter ­
nationally accept ed similar prot ocols.  
(3) Residues of at least those pesticides listed in the control programme adopt ed in accordance with Article 29(2) of 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) that can be analysed with multi-residue methods based 
on GC-MS and LC-MS (pesticides to be monit ored in/on products of plant origin only).  
(4) Residues of Amitraz.  
(5) Residues of Tolfen pyrad.  
(6) Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites 
containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicof ol (sum of p, p′ and o,p′ isomers), Dithiocarbamates 
(dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and 
methiocarb sulfoxide and sulfone, expressed as methiocarb).  
(7) Residues of Dicof ol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Proc hloraz (sum of prochloraz and its metabolites containing the 
2,4,6- Trichlorophenol moiety expressed as proc hloraz), Thiophanate-meth yl and Triforine.  
(8) For the purposes of this Annex, ‘Sudan dyes’ refers to the following chem ical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II 
(CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).  
(9) Residues of Diafenthiuron.  
(10) Residues of Carbofuran.  
(11) Residues of Phenthoate.  
(12) Residues of Chlorbufam.  
(13) Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydroc hlor ide)), Prothiof os and Triforine.  
(14) Identity and physical chec ks may be carried out by the compet ent author ity of the place of destination as indicat ed in the CED, in accordance 
with Article 9(2) of this Regulation.  
(15) Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.  
(16) Residues of Prochloraz.  
(17) Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydroc hlor ide)) and Thiophanate-meth yl.  
(18) Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), 
Phenthoate and Quinalphos.’    11.1.2019 L 9/84 Official Jour nal of the European Union EN