# L_2010264EN.01000101.xml

| 7.10.2010 | EN | Official Journal of the European Union | L 264/1 |
| --- | --- | --- | --- |

7.10.2010

EN

Official Journal of the European Union

L 264/1

---

COMMISSION REGULATION (EU) No 878/2010

of 6 October 2010

amending Annex I to 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 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 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 rules (1), and in particular Article 15(5) thereof,

1

Whereas:

| (1) | Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto, at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004. |
| --- | --- |

(1)

Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto, at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

2

| (2) | Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I thereto is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article. |
| --- | --- |

(2)

Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I thereto is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

| (3) | Occurrence and relevance of food incidents notified through the Rapid Alert System for Feed and Food (RASFF), findings of the missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports which Member States have to make available as regards the official controls performed at their borders according to Article 15 of Regulation (EC) No 669/2009 indicate that there is need to review the list in Annex I to the above Regulation. In particular, Annex I thereto must be reviewed by removing those commodities for which the above information sources show an overall satisfactory degree of compliance with the relevant EU safety requirements and for which an increased level of official control is therefore no longer justified, and by adding other commodities for which the same sources show a degree of non-compliance with the relevant EU safety requirements that warrants the introduction of increased level of official controls. |
| --- | --- |

(3)

Occurrence and relevance of food incidents notified through the Rapid Alert System for Feed and Food (RASFF), findings of the missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports which Member States have to make available as regards the official controls performed at their borders according to Article 15 of Regulation (EC) No 669/2009 indicate that there is need to review the list in Annex I to the above Regulation. In particular, Annex I thereto must be reviewed by removing those commodities for which the above information sources show an overall satisfactory degree of compliance with the relevant EU safety requirements and for which an increased level of official control is therefore no longer justified, and by adding other commodities for which the same sources show a degree of non-compliance with the relevant EU safety requirements that warrants the introduction of increased level of official controls.

| (4) | The amendments to Annex I of Regulation (EC) No 669/2009 provided for in this Regulation should become applicable as soon as possible so that the increased level of official controls can, on one hand, cease for those commodities which are removed from the list and, on the other hand, start for those newly added. |
| --- | --- |

(4)

The amendments to Annex I of Regulation (EC) No 669/2009 provided for in this Regulation should become applicable as soon as possible so that the increased level of official controls can, on one hand, cease for those commodities which are removed from the list and, on the other hand, start for those newly added.

| (5) | Regulation (EC) No 669/2009 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 669/2009 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I of Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 7 October 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 165, 30.4.2004, p. 1.

1

(2)  OJ L 194, 25.7.2009, p. 11.

2

---

ANNEX

‘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 (6) | Country of origin | Hazard | Frequency of physical and identity checks
  (%) |
| --- | --- | --- | --- | --- |
| — | Groundnuts (peanuts), in shell |

Feed and food

(intended use)

CN code (6)

Country of origin

Hazard

Frequency of physical and identity checks

(%)

—

Groundnuts (peanuts), in shell

1202 10 90

Argentina

Aflatoxins

10

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 20 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91; 2008 11 96; 2008 11 98

(Feed and food)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 10 90

Brazil

Aflatoxins

50

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 20 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91; 2008 11 96; 2008 11 98

(Feed and food)

Dried Noodles

(Food)

ex 1902

China

Aluminium

10

Trace elements (7)

(Feed and food)

ex 2817 00 00; ex 2820 90 10; ex 2820 90 90; ex 2821 10 00; ex 2825 50 00; ex 2833 25 00; ex 2833 29 20; ex 2833 29 80; ex 2836 99 11; ex 2836 99 17

China

Cadmium and lead

50

| — | Mangoes |
| --- | --- |

—

Mangoes

ex 0804 50 00

Dominican Republic

Pesticide residues analysed with Multiresidue methods based on GC-MS and LC-MS or with Single residue methods (1)

50

| — | Yardlong beans (Vigna sesquipedalis) |
| --- | --- |

—

Yardlong beans (Vigna sesquipedalis)

ex 0708 20 00; ex 0710 22 00

| — | Bitter melon (Momordica charantia) |
| --- | --- |

—

Bitter melon (Momordica charantia)

ex 0709 90 90; ex 0710 80 95

| — | Lauki (Lagenaria siceraria) |
| --- | --- |

—

Lauki (Lagenaria siceraria)

ex 0709 90 90; ex 0710 80 95

| — | Peppers |
| --- | --- |

—

Peppers

0709 60 10; 0709 60 99; 0710 80 51; 0710 80 59

| — | Aubergines |
| --- | --- |

—

Aubergines

0709 30 00; ex 0710 80 95

(Food – fresh, chilled or frozen fruit and vegetables)

| — | Oranges (fresh or dried) |
| --- | --- |

—

Oranges (fresh or dried)

0805 10 20; 0805 10 80

Egypt

Pesticide residues analysed with Multiresidue methods based on GC-MS and LC-MS or with Single residue methods (2)

10

| — | Peaches |
| --- | --- |

—

Peaches

0809 30 90

| — | Pomegranates |
| --- | --- |

—

Pomegranates

ex 0810 90 95

| — | Strawberries |
| --- | --- |

—

Strawberries

0810 10 00

| — | Green beans |
| --- | --- |

—

Green beans

ex 0708 20 00

(Food – fresh fruits and vegetables)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 10 90

Ghana

Aflatoxins

50

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 20 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

(Feed and Food)

Curry leaves (Bergera/Murraya koenigii)

(Food – fresh herbs)

ex 1211 90 85

India

Pesticide residues analysed with multiresidue methods based on GC-MS and LC-MS or with Single residue methods (3)

10

| — | Chilli (Capsicum annuum), whole |
| --- | --- |

—

Chilli (Capsicum annuum), whole

ex 0904 20 10

India

Aflatoxins

50

| — | Chilli (Capsicum annuum), crushed or ground |
| --- | --- |

—

Chilli (Capsicum annuum), crushed or ground

ex 0904 20 90

| — | Nutmeg (Myristica fragrans) |
| --- | --- |

—

Nutmeg (Myristica fragrans)

0908 10 00

| — | Mace (Myristica fragrans) |
| --- | --- |

—

Mace (Myristica fragrans)

0908 20 00

| — | Ginger (Zingiber officinale) |
| --- | --- |

—

Ginger (Zingiber officinale)

0910 10 00

| — | Curcuma longa (turmeric) |
| --- | --- |

—

Curcuma longa (turmeric)

0910 30 00

(Food – dried spices)

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 10 90

India

Aflatoxins

10

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 20 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91; 2008 11 96; 2008 11 98

(Feed and food)

Watermelon (egusi, Citrullus lanatus) seeds and derived products

(Food)

ex 1207 99 97; ex 1106 30 90; ex 2008 99 99;

Nigeria

Aflatoxins

50

Basmati rice for direct human consumption

(Food – milled rice)

ex 1006 30

Pakistan

Aflatoxins

20

| — | Chilli (Capsicum annuum), whole |
| --- | --- |

—

Chilli (Capsicum annuum), whole

ex 0904 20 10

Peru

Aflatoxins and Ochratoxin A

10

| — | Chilli (Capsicum annuum), crushed or ground |
| --- | --- |

—

Chilli (Capsicum annuum), crushed or ground

ex 0904 20 90

(Food – dried spice)

| — | Coriander leaves |
| --- | --- |

—

Coriander leaves

ex 0709 90 90

Thailand

Salmonella (4)

10

| — | Basil (holy, sweet) |
| --- | --- |

—

Basil (holy, sweet)

ex 1211 90 85

| — | Mint |
| --- | --- |

—

Mint

ex 1211 90 85

(Food – fresh herbs)

| — | Coriander leaves |
| --- | --- |

—

Coriander leaves

ex 0709 90 90

Thailand

Pesticide residues analysed with Multi-residue methods based on GC-MS and LC-MS or with Single residue methods (5)

20

| — | Basil (holy, sweet) |
| --- | --- |

—

Basil (holy, sweet)

ex 1211 90 85

(Food – fresh herbs)

| — | Yardlong beans (Vigna sesquipedalis) |
| --- | --- |

—

Yardlong beans (Vigna sesquipedalis)

ex 0708 20 00; ex 0710 22 00

Thailand

Pesticide residues analysed with Multi-residue methods based on GC-MS and LC-MS or with Single residue methods (5)

50

| — | Aubergines |
| --- | --- |

—

Aubergines

0709 30 00; ex 0710 80 95

| — | Brassica vegetables |
| --- | --- |

—

Brassica vegetables

0704; ex 0710 80 95

(Food – fresh, chilled or frozen vegetables)

| — | Peppers |
| --- | --- |

—

Peppers

0709 60 10; 0709 60 99; 0710 80 51; 0710 80 59

Turkey

Pesticides: methomyl and oxamyl

10

| — | Courgettes |
| --- | --- |

—

Courgettes

0709 90 70; ex 0710 80 95

| — | Tomatoes |
| --- | --- |

—

Tomatoes

0702 00 00; 0710 80 70

(Food – fresh, chilled or frozen vegetables)

Pears

(Food)

0808 20 10; 0808 20 50

Turkey

Pesticide: amitraz

10

Dried grapes (vine fruit)

(Food)

0806 20

Uzbekistan

Ochratoxin A

50

| — | Groundnuts (peanuts), in shell |
| --- | --- |

—

Groundnuts (peanuts), in shell

1202 10 90

Vietnam

Aflatoxins

10

| — | Groundnuts (peanuts), shelled |
| --- | --- |

—

Groundnuts (peanuts), shelled

1202 20 00

| — | Peanut butter |
| --- | --- |

—

Peanut butter

2008 11 10

| — | Groundnuts (peanuts), otherwise prepared or preserved |
| --- | --- |

—

Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91; 2008 11 96; 2008 11 98

(Feed and food)

| — | Chilli (Capsicum annuum), crushed or ground |
| --- | --- |

—

Chilli (Capsicum annuum), crushed or ground

ex 0904 20 90

All third countries

Sudan dyes

20

| — | Chilli products (curry) |
| --- | --- |

—

Chilli products (curry)

0910 91 05

| — | Curcuma longa (turmeric) |
| --- | --- |

—

Curcuma longa (turmeric)

0910 30 00

(Food – dried spices)

| — | Red palm oil |
| --- | --- |

—

Red palm oil

ex 1511 10 90

(Food)

B.   Definitions

For the purposes of this Annex, “Sudan dyes” refers to the following chemical substances:

| (i) | Sudan I (CAS Number 842-07-9); |
| --- | --- |

(i)

Sudan I (CAS Number 842-07-9);

| (ii) | Sudan II (CAS Number 3118-97-6); |
| --- | --- |

(ii)

Sudan II (CAS Number 3118-97-6);

| (iii) | Sudan III (CAS Number 85-86-9); |
| --- | --- |

(iii)

Sudan III (CAS Number 85-86-9);

| (iv) | Scarlet Red; or Sudan IV (CAS Number 85-83-6).’ |
| --- | --- |

(iv)

Scarlet Red; or Sudan IV (CAS Number 85-83-6).’

---

(1)  In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

1

(2)  In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

2

(3)  In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

3

(4)  Reference method EN/ISO 6579.

4

(5)  In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-ethyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

5

(6)  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).

6

(7)  The trace elements referred to in this entry are the trace elements belonging to the functional 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). They should be subject to the increased controls provided for in this Regulation also when imported to be used in food.

7

---