# L_2012263EN.01002601.xml

| 28.9.2012 | EN | Official Journal of the European Union | L 263/26 |
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28.9.2012

EN

Official Journal of the European Union

L 263/26

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COMMISSION IMPLEMENTING REGULATION (EU) No 889/2012

of 27 September 2012

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,

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 (‘the list’), 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 (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

| (2) | Article 2 of Regulation (EC) No 669/2009 provides that the list 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 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) | The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended. |
| --- | --- |

(3)

The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

| (4) | In particular, for consignments of Brassica oleracea (‘Chinese broccoli’) from China, the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of an increased level of official controls. An entry concerning those consignments should therefore be included in the list. |
| --- | --- |

(4)

In particular, for consignments of Brassica oleracea (‘Chinese broccoli’) from China, the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of an increased level of official controls. An entry concerning those consignments should therefore be included in the list.

| (5) | In the interest of consistency and clarity of Union legislation, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text in the Annex to this Regulation. |
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(5)

In the interest of consistency and clarity of Union legislation, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text in the Annex to this Regulation.

| (6) | Regulation (EC) No 669/2009 should therefore be amended accordingly. |
| --- | --- |

(6)

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

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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 to 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 the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2012.

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

Done at Brussels, 27 September 2012.

For the Commission

The President

José Manuel BARROSO

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

1

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

2

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ANNEX

‘ANNEX I

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
  (%) |
| --- | --- | --- | --- | --- |
| Hazelnuts
  (in shell or shelled) | 0802 21 00 ; 0802 22 00 | Azerbaijan (AZ) | Aflatoxins | 10 |
| (Feed and food) | |
| — | Groundnuts (peanuts), in shell |

Feed and food

(intended use)

CN code (1)

Country of origin

Hazard

Frequency of physical and identity checks

(%)

Hazelnuts

(in shell or shelled)

0802 21 00 ; 0802 22 00

Azerbaijan (AZ)

Aflatoxins

10

(Feed and food)

—

Groundnuts (peanuts), in shell

| — | 1202 41 00 |
| --- | --- |

—

Brazil (BR)

Aflatoxins

10

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

—

Groundnuts (peanuts), shelled

| — | 1202 42 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 |
| --- | --- |

—

2008 11 91 ; 2008 11 96 ; 2008 11 98

(Feed and food)

Brassica oleracea

(other edible Brassica, “Chinese broccoli”) (13)

ex 0704 90 90

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (14)

10

(Food — fresh or chilled)

Dried noodles

ex 1902

China (CN)

Aluminium

10

(Food)

Pomelos

ex 0805 40 00

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

20

(Food — fresh)

Tea, whether or not flavoured

0902

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

10

(Food)

| — | Yardlong beans
  (Vigna unguiculata spp. sesquipedalis) |
| --- | --- |

—

Yardlong beans

(Vigna unguiculata spp. sesquipedalis)

| — | ex 0708 20 00 ; ex 0710 22 00 |
| --- | --- |

—

ex 0708 20 00 ; ex 0710 22 00

Dominican Republic (DO)

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

20

| — | Bitter melon

  (Momordica charantia) |
| --- | --- |

—

Bitter melon

(Momordica charantia)

| — | ex 0709 99 90 ; ex 0710 80 95 |
| --- | --- |

—

ex 0709 99 90 ; ex 0710 80 95

| — | Peppers (sweet and other than sweet) (Capsicum spp.) |
| --- | --- |

—

Peppers (sweet and other than sweet) (Capsicum spp.)

| — | 0709 60 10 ; ex 0709 60 99 ; 0710 80 51 ; ex 0710 80 59 |
| --- | --- |

—

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

| — | Aubergines |
| --- | --- |

—

Aubergines

| — | 0709 30 00 ; ex 0710 80 95 |
| --- | --- |

—

0709 30 00 ; ex 0710 80 95

(Food — fresh, chilled or frozen vegetables)

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

—

Oranges (fresh or dried)

| — | 0805 10 20 ; 0805 10 80 |
| --- | --- |

—

0805 10 20 ; 0805 10 80

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

10

| — | Peaches (excluding nectarines) |
| --- | --- |

—

Peaches (excluding nectarines)

| — | 0809 30 90 |
| --- | --- |

—

| — | Pomegranates |
| --- | --- |

—

Pomegranates

| — | ex 0810 90 75 |
| --- | --- |

—

| — | Strawberries |
| --- | --- |

—

Strawberries

| — | 0810 10 00 |
| --- | --- |

—

(Food — fresh fruits and vegetables)

Peppers (sweet and other than sweet) (Capsicum spp.)

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

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

10

(Food — fresh, chilled or frozen)

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

—

Groundnuts (peanuts), in shell

| — | 1202 41 00 |
| --- | --- |

—

Ghana (GH)

Aflatoxins

50

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

—

Groundnuts (peanuts), shelled

| — | 1202 42 00 |
| --- | --- |

—

| — | Peanut butter |
| --- | --- |

—

Peanut butter

| — | 2008 11 10 |
| --- | --- |

—

(Feed and food)

Curry leaves (Bergera/Murraya koenigii)

ex 1211 90 85

India (IN)

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

50

(Food — fresh herbs)

| — | Capsicum annuum, whole |
| --- | --- |

—

Capsicum annuum, whole

| — | 0904 21 10 |
| --- | --- |

—

India (IN)

Aflatoxins

20

| — | Capsicum annuum, crushed or ground |
| --- | --- |

—

Capsicum annuum, crushed or ground

| — | ex 0904 22 00 |
| --- | --- |

—

| — | Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum) |
| --- | --- |

—

Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

| — | 0904 21 90 |
| --- | --- |

—

| — | Curry (chilli products) |
| --- | --- |

—

Curry (chilli products)

| — | 0910 91 05 |
| --- | --- |

—

| — | Nutmeg

  (Myristica fragrans) |
| --- | --- |

—

Nutmeg

(Myristica fragrans)

| — | 0908 11 00 , 0908 12 00 |
| --- | --- |

—

0908 11 00 , 0908 12 00

| — | Mace

  (Myristica fragrans) |
| --- | --- |

—

Mace

(Myristica fragrans)

| — | 0908 21 00 , 0908 22 00 |
| --- | --- |

—

0908 21 00 , 0908 22 00

| — | Ginger

  (Zingiber officinale) |
| --- | --- |

—

Ginger

(Zingiber officinale)

| — | 0910 11 00 , 0910 12 00 |
| --- | --- |

—

0910 11 00 , 0910 12 00

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

—

Curcuma longa (turmeric)

| — | 0910 30 00 |
| --- | --- |

—

(Food — dried spices)

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

—

Groundnuts (peanuts), in shell

| — | 1202 41 00 |
| --- | --- |

—

India (IN)

Aflatoxins

20

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

—

Groundnuts (peanuts), in shell

| — | 1202 42 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 |
| --- | --- |

—

2008 11 91 ; 2008 11 96 ; 2008 11 98

(Feed and food)

Feed additives and premixtures

ex 2309 ; 2917 19 90 ; ex 2817 00 00 ; ex 2820 90 10 ; ex 2820 90 90 ; ex 2821 10 00 ; ex 2825 50 00 ; ex 2833 21 00 ; ex 2833 25 00 ; ex 2833 29 20 ; ex 2833 29 80 ; ex 2835 ; ex 2836 ; ex 2839 ; 2936

India (IN)

Cadmium and lead

10

(Feed)

Okra

ex 0709 99 90

India (IN)

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

50

(Food — fresh)

Nutmeg

(Myristica fragrans)

| — | 0908 11 00 , 0908 12 00 |
| --- | --- |

—

0908 11 00 , 0908 12 00

Indonesia (ID)

Aflatoxins

20

Mace

(Myristica fragrans)

| — | 0908 21 00 , 0908 22 00 |
| --- | --- |

—

0908 21 00 , 0908 22 00

(Food — dried spices)

Watermelon (Egusi, Citrullus lanatus) seeds and derived products

ex 1207 70 00 ; ex 1106 30 90 ; ex 2008 99 99

Nigeria (NG)

Aflatoxins

50

(Food)

| — | Capsicum annuum, whole |
| --- | --- |

—

Capsicum annuum, whole

| — | 0904 21 10 |
| --- | --- |

—

Peru (PE)

Aflatoxins and Ochratoxin A

10

| — | Capsicum annuum, crushed or ground |
| --- | --- |

—

Capsicum annuum, crushed or ground

| — | ex 0904 22 00 |
| --- | --- |

—

| — | Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum) |
| --- | --- |

—

Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

| — | 0904 21 90 |
| --- | --- |

—

(Food — dried spice)

Peppers (other than sweet) (Capsicum spp.)

ex 0709 60 99

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

10

(Food — fresh)

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

—

Coriander leaves

| — | ex 0709 99 90 |
| --- | --- |

—

Thailand (TH)

Salmonella (6)

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 99 90 |
| --- | --- |

—

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

20

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

—

Basil (holy, sweet)

| — | ex 1211 90 85 |
| --- | --- |

—

(Food — fresh herbs)

| — | Yardlong beans
  (Vigna unguiculata spp. sesquipedalis) |
| --- | --- |

—

Yardlong beans

(Vigna unguiculata spp. sesquipedalis)

| — | ex 0708 20 00 ; ex 0710 22 00 |
| --- | --- |

—

ex 0708 20 00 ; ex 0710 22 00

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

50

| — | Aubergines |
| --- | --- |

—

Aubergines

| — | 0709 30 00 ; ex 0710 80 95 |
| --- | --- |

—

0709 30 00 ; ex 0710 80 95

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

—

Brassica vegetables

| — | 0704 ; ex 0710 80 95 |
| --- | --- |

—

0704 ; ex 0710 80 95

(Food — fresh, chilled or frozen vegetables)

| — | Sweet peppers (Capsicum annuum) |
| --- | --- |

—

Sweet peppers (Capsicum annuum)

| — | 0709 60 10 ; 0710 80 51 |
| --- | --- |

—

0709 60 10 ; 0710 80 51

Turkey (TR)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

10

| — | Tomatoes |
| --- | --- |

—

Tomatoes

| — | 0702 00 00 ; 0710 80 70 |
| --- | --- |

—

0702 00 00 ; 0710 80 70

(Food — fresh, chilled or frozen vegetables)

Dried grapes (vine fruit)

0806 20

Uzbekistan (UZ)

Ochratoxin A

50

(Food)

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

—

Groundnuts (peanuts), in shell

| — | 1202 41 00 |
| --- | --- |

—

South Africa (ZA)

Aflatoxins

10

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

—

Groundnuts (peanuts), shelled

| — | 1202 42 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 |
| --- | --- |

—

2008 11 91 ; 2008 11 96 ; 2008 11 98

(Feed and food)

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(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).

1

(2)  In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamiprid, Indoxacarb, Mandipropamid.

2

(3)  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.

3

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

4

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

5

(6)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

6

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

7

(8)  In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.

8

(9)  In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

9

(10)  In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

10

(11)  In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate, Methidathion.

11

(12)  In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine.

12

(13)  Species of Brassica oleracea L. convar. Botrytis (L) Alef var. Italica Plenck, cultivar alboglabra. Also know as “Kai Lan”, “Gai Lan”, “Gailan”, “Kailan”, “Chinese bare Jielan”.

13

Brassica oleracea

Botrytis

Alef

(14)  In particular residues of: Chlorfenapyr, Fipronil, Carbendazim, Acetamiprid, Dimethomorph and Propiconazole.’

14

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