# Commission Implementing Regulation (EU) No 718/2014Show full title

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 imports            of certain feed and food of non-animal origin (Text with EEA relevance)         

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U.K.

# 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 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 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,                        

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(2), and in particular Articles 15(5) and 63(1) thereof,                        

Whereas:

(1)Commission Regulation (EC) No 669/2009(3) 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.

(3)The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings                              of audits 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 table grapes originating from Peru and dried apricots originating from Turkey, the relevant                              sources of information indicate the emergence of new risks requiring the introduction of an increased level of official controls.                              Entries concerning those consignments should therefore be included in the list.

(5)In addition, the list should be amended by deleting the entries for commodities for which the available information indicates                              an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for                              which an increased level of official controls is therefore no longer justified. On this basis, the entry in the list concerning                              curry from India should be deleted.

(6)Finally, the list should also be amended by increasing the frequency of official controls for the commodities for which the                              same sources of information show a higher degree of non-compliance with the relevant Union legislation, thereby warranting                              an increased level of official controls. The entry in the list concerning *Brassica oleracea* from China should therefore be amended accordingly.

(7)In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009.

(8)Article 19 of Regulation (EC) No 669/2009 provides for a transitional period of five years from the entry into force of that                              Regulation during which the minimum requirements for designated points of entry (DPEs) may be progressively implemented. Accordingly,                              the competent authorities of the Member States should be allowed, during that transitional period, to carry out the required                              identity and physical checks at control points other than the DPEs. In those cases, such control points should comply with                              the minimum requirements for DPEs set out in that Regulation. This transitional period will expire on 14 August 2014.

(9)A number of Member States have indicated to the Commission that they still face practical difficulties with the application                              of the minimum requirements for DPEs. In addition, a review of the provisions applicable to DPEs and to border controls in                              general is currently ongoing, following the adoption by the Commission of a proposal for a Regulation of the European Parliament                              and of the Council on official controls and other official activities(4). This may result in changes to the requirements applicable to DPEs and to border controls in general. Pending the outcome                              of this review, it is appropriate to extend the transitional period referred to in Article 19 of Regulation (EC) No 669/2009                              for an additional term of five years, so as to allow the smooth entry into force of any new requirement that might result                              from that review.

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

(11)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 1U.K.

Regulation (EC) No 669/2009 is amended as follows:

Paragraph 1 of Article 19 is replaced by the following:

‘1.For a period of 10 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 control point in the same Member State, authorised for that purpose by the competent authority,                                    before goods are declared for release for free circulation, provided that such control point complies with the minimum requirements                                    laid down in Article 4.’                           

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

# Article 2U.K.

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 July 2014.

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

Done at Brussels, 27 June 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

### “‘ANNEX IFeed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

1

OJ L 31, 1.2.2002, p. 1.                           

2

OJ L 165, 30.4.2004, p. 1.                           

3

Commission Regulation (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 (OJ L 194, 25.7.2009, p. 11).                           

4

Commission proposal for a Regulation of the European Parliament and of the Council on official controls and other official                              activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant                              reproductive material, plant protection products and amending Regulations (EC) No 999/2001, (EC) No 1829/2003 and (EC) No                              1831/2003, Council Regulation (EC) No 1/2005, Regulation of the European Parliament and of the Council (EC) No 396/2005, Council                              Regulations (EC) No 834/2007 and (EC) No 1099/2009, Regulations of the European Parliament and of the Council (EC) No 1069/2009,                              (EC) No 1107/2009, (EU) No 1151/2012 and (EU) No 652/2014, and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC                              and 2008/120/EC and Directive of the European Parliament and of the Council 2009/128/EC (Official controls Regulation) (COM(2013) 265                              final).