EN    EN EN 
SANCO/10814/2009 Rev. 2 (POOL/E5/2009/10814/10814R2-EN.doc)  
EN    EN  EUROPEAN COMMISSION 
Brussels, 
C(2010) final 
Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 669/2009 implem enting Regulation (EC) No 882/2004 of 
the European Parliament and of the Council as regards the increased level of official 
controls on imports of certain feed  and food of non-animal origin  
(Text with EEA relevance)  
EN 2   EN Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 669/2009 implem enting Regulation (EC) No 882/2004 of 
the European Parliament and of the Council as regards the increased level of official 
controls on imports of certain feed  and food of non-animal origin  
(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 genera l principles and requirements of food law, 
establishing the European Food Safety Authorit y and laying down procedures in matters of 
food safety
1, and in particular Ar ticle 53(1) thereof, 
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the 
Council of 29 April 2004 on official controls performed to ensure the verification of 
compliance with feed and food law, animal health and animal welfare rules2, and in particular 
Articles 15(5) and 63(1) thereof, 
Whereas: (1) Commission Regulati on (EC) No 669/2009
3 lays down rules concerning the increased 
level of official controls to be carried out  on imports of certain feed and food of non-
animal origin at points of entry into the territories listed in Annex I to Regulation (EC) No 882/2004. In particular, Annex I to Re gulation (EC) No 669/2009 lists feed and 
food of non-animal origin that is to be subjec t to an increased level of official controls. 
(2) Article 19 of Regulation (EC) No 669/2009 c ontaining transitional measures needs to 
be amended so that the terminology used th erein is consistent with that used in 
Article 8(1)(b) of that Regulat ion, in order to avoid any diffi culties in interpreting that 
Article. 
(3) After the publication of Re gulation (EC) No 669/2009, a nu mber of Member States 
advised the Commission of the need for more precise definitions for certain CN codes 
used in Part A of Anne x I to that Regulation, in order to  facilitate the identification of 
                                                
 
1 OJ L 31, 1.2.2002, p. 1. 
2 OJ L 165, 30.4.2004, p. 1. 
3 OJ L 194, 25.7.2009, p. 11.  
EN 3   EN the products covered by those definitions, as well as the need for technical 
clarifications to be provided in  certain footnotes in that Annex. 
(4) The Commission was also advised of the need  to include a specific list of pesticide 
residues as hazards in vegetables, fresh, chilled or frozen (food), in the list in Part A of 
Annex I to Regulation (EC) No 669/2009, in orde r to take into consideration the Rapid 
Alert System for Food and Feed notifications  received during the last three years. 
(5) In the interests of clarity, further technical clarifications are needed with reference to 
the notes for guidance for the common entry document set out in Annex II to Regulation (EC) No 669/2009. 
(6) Regulation (EC) No 669/2009 should therefore be amended accordingly. 
(7) Regulation (EC) No 669/2009 is to apply from 25 January 2010. Accordingly, this 
Regulation should also a pply from that date. 
(8) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 669/2009 is amended as follows: 
(1) Article 19 is replaced by the following:  
'Article 19  
Transitional measures 
1. For a period of five years from the date  of entry into force of this Regulation, 
where a designated point of entry is not equipped with the facilities required to 
carry out identity and physical checks as provided for in Article 8(1)(b), those checks may be carried out at another poi nt of control in the same Member 
State, authorised for that purpose by th e competent authority, before goods are 
declared for release for free circula tion, provided that su ch control point 
complies with the minimum requirements laid down in Article 4.  
2. Member States shall make publicly avai lable, by electronic publication on their 
website, a list of the control points au thorised in accordance with paragraph 1.' 
(2) The Annexes are amended in accordance with the Annex to this Regulation.' 
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 
It shall apply from 25 January 2010.  
EN 4   EN This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Commission 
 José Manuel BARROSO  The President   
EN 5   EN ANNEX  
Annexes I and II are amended as follows: 
(1) Annex I is amended as follows: 
(a) Part A is replaced by the following: 
'ANNEX I  
(A) Feed and food of non-animal origin subject to an increased level of official 
controls at the designated point of entry  
Feed and food 
(intended use) CN code(1)  Country of 
origin Hazard Frequency 
of physical 
and 
identity 
checks (%)
Groundnuts (peanuts) and 
derived products (feed and 
food) 1202 10 90; 1202 20 00;  
2008 11 Argentina  Aflatoxins  10 
Groundnuts (peanuts) and 
derived products (feed and 
food) 1202 10 90; 1202 20 00;  
2008 11  Brazil  Aflatoxins 50 
Trace elements (feed and 
food)(2) 2817 00 00; 2820; 28 21; 
2825 50 00; 2833 25 00; 
2833 29 20; 2833 29 80; 2836 99 China Cadmium 
and lead 50 
Groundnuts (peanuts) and 
derived products (feed and 
food), in particular peanut 
butter (food) 1202 10 90; 1202 20 00;  
2008 11  Ghana Aflatoxins 50 
Spices (food): 
• Capsicum spp  (dried 
fruits thereof, whole or 
ground, including 
chillies, chilli powder, 
cayenne and paprika) 
• Myristica fragrans 
(nutmeg) 
• Zingiber officinale 
(ginger) 
• Curcuma longa 
(turmeric) 0904 20; 0908 10 00;  
0908 20 00; 0910 10 00;  
0910 30 00 India Aflatoxins  50 
Groundnuts (peanuts) and 
derived products (feed and 
food) 1202 10 90; 1202 20 00; 
2008 11 India Aflatoxins 10 
Melon (egusi) seeds and 
derived products(3) (food) ex 1207 99 Nigeria Aflatoxins 50 
Dried vine fruit (food) 0806 20 Uzbekistan Ochratoxin A 50  
EN 6   EN Chilli, chilli products, 
curcuma and palm oil (food) 0904 20 90; 0910 91 05; 
0910 30 00; ex 1511 10 
90 All third 
countries Sudan dyes 20 
Groundnuts (peanuts) and 
derived products (feed and 
food) 1202 10 90; 1202 20 00; 
2008 11 Vietnam Aflatoxins  10 
Basmati rice for direct 
human consumption (food) ex 1006 30  Pakistan Aflatoxins  50 
Basmati rice for direct 
human consumption (food) ex 1006 30  India  Aflatoxins  10 
Mangos, yard long beans 
(Vigna sesquipedalis), 
melon bitter (Momordica charantia), Lauki, (Lagenaria siceraria), 
peppers and aubergines 
(food) ex 0804 50 00; 
0708 20 00; 0807 11 00; 
ex 0709 90 90; 0709 60; 
0709 30 00 Dominican 
Republic  Pesticide 
residues 
analysed with Multiresidue methods 
based on GC-
MS and LC-MS or with Single residue methods(
*) 50 
Bananas 0803 00 19 Dominican 
Republic  Pesticide 
residues 
analysed with Multiresidue methods 
based on GC-
MS and LC-MS or with Single residue methods(
*) 10 
Vegetables, fresh, chilled or 
frozen (peppers, courgettes 
and tomatoes) 0709 60; 0709 90 70; 
0702 00 00 Turkey Pesticides: 
methomyl 
and oxamyl 10 
Pears 0808 20 10; 0808 20 50 Turkey Pesticide: 
amitraz 10 
Vegetables, fresh, chilled or 
frozen (food) 
• yard long beans 
(Vigna sesquipedalis) 
• aubergines 
• Brassica vegetables  0708 20 00; 0709 30 00; 
0704; Thailand Pesticide 
residues 
analysed with Multi-residue methods 
based on GC-
MS and LC-MS or with Single residue methods
(**) 50  
EN 7   EN (*) In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carb endazim, Chlorfenapyr, 
Chlorpyrifos, CS2 (Dithiocarbamates ), Diafenthiuron, Diazinon, Di chlorvos, Dicofol, Dimethoate, 
Endosulfan, Fenamidone, Imidacloprid, Malathio n, Methamidophos, Methiocarb, Methomyl, 
Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid. 
(**) In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, 
Chlorpyriphos-ethyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, 
Monocrotophos, Omethoate, Prophenophos, Prothiophos, Guinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine. 
(1) Where only certain products under any CN code  are required to be examined and no specific 
subdivision under that code exists in the goods nomenclature, the CN code is marked 'ex' (for example, ex 1006 30: only Basmati rice for direct human consumption is included). 
(2) The trace elements referred to in this entry are the trace elements belonging to the f unctional group of 
compounds of trace elements referred to in point 3(b) of Annex I to Regulation (EC) No 1831/2003 of 
the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 29). 
(3) Pending the establishment of maximum levels for aflatoxin in melon seeds, the maximum levels 
established for aflatoxins in groundnuts and derived products listed in points 2.1.1 and 2.1.3 of Section 2 of the Annex to Commission Regulation (EC) No 1881/2006 (OJ L 364, 20.12.2006, p. 5) 
shall be the reference points for action.'
 
(b) In Part B, point (d) is replaced by the following: 
'(d) 'palm oil', means red palm oil falling within CN code 1511 10 90, 
intended for direct human consumption;' 
(2) In Annex II, the Notes for guidance for the CED  are replaced by the following:  
EN 8   EN 'Notes for guidance for the CED  
General : Complete the common entry document in capital letters. Notes are shown 
against the relevant box number. 
Part I This Part is to be completed by  the feed and food business operator or  
their representative, unless otherwise indicated.  
Box I.1. Consignor: name and full address of the natural or legal person (feed and food 
business operator) dispatching the c onsignment. Information concerning 
telephone and fax numbers or em ail address is recommended. 
Box I.2. This box must be filled in by the co mpetent authorities of  the designated point 
of entry (DPE). 
Box I.3. Consignee: name and full address of the natural or legal person (feed and food 
business operator) to whom the consignment is destined. Information concerning telephone and fax numbers or  email address is recommended. 
Box I.4. The person responsible for the consignment: the person (feed and food 
business operator or their representativ e or person making the declaration on 
their behalf) who is in char ge of the consignment when it is presented at the 
DPE and who makes the necessary declarat ions to the competent authority at 
the DPE on behalf of the importer. Insert the name and full address. 
Information on telephone and fax numbers  or email address is recommended. 
Box I.5. Third country of origin: this refers to the third country where the commodity is 
originating from, grown, harvested or produced. 
Box I.6. Third country from where consigned: this refers to the th ird country where the 
consignment was placed aboard the means of final transport for the journey to 
the Union. 
Box I.7. Importer: name and full address. Information on telephone and fax numbers or 
email address is recommended. 
Box I.8. Place of destination: delivery addr ess in the Union. Information on telephone 
and fax numbers or email address is recommended. 
Box I.9. Arrival at DPE: insert the estimated  date on which the consignment is expected 
to arrive at the DPE. 
Box I.10. Documents: insert the date of i ssue and the number of official documents 
accompanying the consignment, as appropriate. 
Box I.11. Give full details of the means of arrival transport: for aircrafts the flight 
number, for vessels the ship name, for road vehicles the registration number 
plate with trailer number if appropriat e, for railways the train identity and 
wagon number. 
 Documentary references: number of airway bill, bill of lading or commercial 
number for railway or road vehicle.  
EN 9   EN Box I.12. Description of the commodity: provid e a detailed descripti on of the commodity 
(including for feed the type of feed).  
Box I.13. Commodity or HS code of the Harmonized System of the World Customs 
Organization. 
Box I.14. Gross weight: overall weight in kg. This  is defined as the aggregate mass of the 
products and of the immediate containers  and all their packaging, but excluding 
transport containers and ot her transport equipment. 
 Net weight: weight of actual produc t in kg, excluding packaging. This is 
defined as the mass of the products them selves without immediate containers 
or any packaging. 
Box I.15. Number of packages. Box I.16. Temperature: tick the appropriate mode of transport/sto rage temperature. 
Box I.17. Type of packages: identify the type of packaging of products. 
Box I.18. Commodity intended for: tick the appropriate box depending on whether the 
commodity is destined for human consum ption without prior sorting or other 
physical treatment (in this case tick "human consumption") or is intended for human consumption after such treatment (tic k "further process" in this case), or 
is intended for use as "feedingstuff" (in this case tick "feedingstuffs").  
Box I.19. Give all seal and container identification numbers where relevant. 
Box I.20. Transfer to a control point: Duri ng the transitional period provided for in 
Article 19(1), the DPE shall tick this box to allow onward transportation to 
another point of control. 
Box I.21. Not applicable. Box I.22. For import: this box is to be ticked where the consignment is intended for 
importation into the Union (Article 8).  
Box I.23. Not applicable. Box I.24. Tick the appropriate means of transport. 
Part II This Part is to be completed by the competent authority.
 
Box II.1. Use the same reference number as in Box I.2. 
Box II.2. For use by customs services, if necessary. Box II.3. Documentary check: to be completed for all consignments. Box II.4. The competent authority of the DPE shall indicate whether the consignment is 
selected for physical checks, which duri ng the transitional period referred to in 
Article 19(1) may be carried out at  a different point of control.  
EN 10   EN Box II.5. The competent authority of the DP E shall indicate, during the transitional 
period provided for in Article 19(1), following a satisfactory documentary check, to which point of control the c onsignment may be transported in order 
for identity and physical checks to be carried out.  
Box II.6. Indicate clearly the action to be taken in the case of  rejection of the 
consignment due to the unsatisfactory outcome of the documentary checks. The address of the establishment of de stination in case of 'Re-dispatching', 
'Destruction', 'Transformation' and 'Use for other purpose' must be entered in 
Box II.7. 
Box II.7. Give as appropriate approval number and address (or ship name and port) for 
all destinations where further control of the consignment is required, for 
example for Box II.6, ‘Re-disp atching’, ‘Destruction’, ‘Transformation’ or 'Use 
for other purpose'. 
Box II.8. Put the official stamp of the competent authority of the DPE here. 
Box II.9. Signature of the responsible official  of the competent authority of the DPE. 
Box II.10. Not applicable. Box II.11. The competent authority of the DPE or, during the transi tional period referred 
to in Article 19(1), the competent auth ority of the point of control, shall 
indicate the results of the identity checks here. 
Box II.12. The competent authority of the DPE or, during the transi tional period referred 
to in Article 19(1), the competent auth ority of the point of control, shall 
indicate the results of the physical checks here. 
Box II.13. The competent authority of the DPE or, during the transi tional period referred 
to in Article 19(1), the competent auth ority of the point of control, shall 
indicate the results of the laboratory test here. Complete this box with the 
category of substance or pathogen for whic h a laboratory test is carried out.  
Box II.14. This box is to be used for all consig nments to be released  for free circulation 
within the Union.  
Box II.15. Not applicable. Box II.16. Indicate clearly the action to be taken in the case of  rejection of the 
consignment due to the unsatisfactory outcome of the identity or physical 
checks. The address of the establishm ent of destination in case of 'Re-
dispatching', 'Destruction', 'Transformati on' and 'Use for other purpose' must be 
entered in Box II.18.  
Box II.17. Reasons for refusal: use, as appropr iate, to add relevant information. Tick the 
appropriate box. 
Box II.18. Give, as appropriate, the approval nu mber and address (or ship name and port) 
for all destinations where further cont rol of the consignment is required, for  
EN 11   EN example, for Box II.16, ‘Re-dispatching’ , ‘Destruction’, ‘Transformation’ or 
'Use for other purpose'.  
Box II.19. Use this box when the original seal  recorded on a consignm ent is destroyed on 
opening the container. A consolidated list of all seals that have been used for 
this purpose must be kept. 
Box II.20. Put the official stamp of the compet ent authority of the DP E here or, during the 
transitional period referred to in Article 19(1), of the competent authority of the 
point of control. 
Box II.21. Signature of the responsible official  of the competent authority of the DPE or, 
during the transitional period referred to  in Article 19(1), of the competent 
authority of the point of control. 
Part III This Part is to be completed by the competent authority.  
Box III.1. Details on re-dispatching: the comp etent authority of the DPE or, during the 
transitional period referred to in Article  19(1), the competent authority of the 
point of control, shall i ndicate the means of transpor t used, its identification 
details, the country of destination and the date of re-dispatching, as soon as 
they are known. 
Box III.2. Follow-up: indicate the Local Co mpetent Authority Unit responsible, as 
appropriate, for the supervis ion in case of 'Destruction', 'Transformation' or 
'Use for other purpose' of the consignment.  That authority shall report the result 
of the arrival of the consignment and th e correspondence of the consignment in 
this box. 
Box III.3. Signature of the responsible official  for the competent authority of the DPE or, 
during the transitional period  referred to in Article 19(1), the responsible 
official for the point of control, in cas e of 'Re-dispatching' . Signature of the 
responsible official for the local compet ent authority in case  of 'Destruction', 
'Transformation' or 'Use for other purpose'.'