02019R1793 — EN — 26.10.2020 — 002.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (Text with EEA relevance) (OJ L 277 29.10.2019, p. 89)

Amended by:









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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793

of 22 October 2019

on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660

(Text with EEA relevance)







SECTION 1

COMMON PROVISIONS

Article 1

Subject matter and scope

1. This Regulation lays down: (a) the list of food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at their entry into the Union, established in Annex I, falling within the CN Codes and TARIC classifications laid down in that Annex, in accordance with Article 47(2)(b) of Regulation (EU) 2017/625; (b) special conditions governing the entry into the Union of the following categories of consignments of food and feed due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002: (i) consignments of food and feed of non-animal origin from third countries or parts of those third countries listed in Table 1 to Annex II and falling within the CN Codes and TARIC classifications laid down in that Annex; (ii) consignments of compound food containing any of the food listed in Table 1 to Annex II due to the risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of those products and falling within the CN Codes laid down in Table 2 to that Annex; ▼M1 (ba) suspension of the entry into the Union of the food and feed listed in Annex IIa; ▼B (c) rules on the frequency of identity checks and physical checks for the consignments of food and feed referred to in points (a) and (b) of this paragraph; (d) rules on the methods to be used for sampling and for laboratory analyses for the consignments of food and feed referred to in points (a) and (b) of this paragraph, in accordance with Article 34(6)(a) of Regulation (EU) 2017/625; (e) rules concerning the model official certificate required to accompany consignments of food and feed referred to in point (b) of this paragraph and the requirements for such official certificate, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002; (f) rules for the issuance of replacement official certificates required to accompany consignments of food and feed referred to in point (b) of this paragraph, in accordance with Article 90(c) of Regulation (EU) 2017/625.

2. This Regulation applies to consignments of food and feed referred to in points (a) and (b) of paragraph 1 intended for placing on the Union market.

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3. This Regulation does not apply to the following categories of consignments of food and feed referred to in points (a) and (b) of paragraph 1 unless their net weight exceeds 30 kg: (a) consignments of food and feed sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market; (b) consignments of food and feed which form part of passengers personal luggage and are intended for personal consumption or use; (c) non-commercial consignments of food and feed sent to natural persons which are not intended to be placed on the market; (d) consignments of food and feed intended for scientific purposes.

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4. This Regulation does not apply to food and feed referred to in points (a) and (b) of paragraph 1 on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers.

5. In case of doubt on the intended use of the food and feed referred in points (b) and (c) of paragraph (3), the burden of proof lies with the owner of the personal luggage and with the recipient of the consignment, respectively.

Article 2

Definitions

1. For the purposes of this Regulation, the following definitions shall apply: (a) ‘consignment’ means ‘consignment’ as defined in Article 3(37) of Regulation (EU) 2017/625; (b) ‘placing on the market’ means ‘placing on the market’ as defined in point (8) of Article 3 of Regulation (EC) No 178/2002.

2. However, for the purposes of Articles 7, 8, 9, 10 and 11 and of Annex IV, a ‘consignment’ means: (a) a ‘lot’ as referred to in Annex I to Regulation (EC) No 401/2006 and in Annex I to Regulation (EC) No 152/2009, in relation to food and feed listed in Annex II due to contamination risk by mycotoxins, including aflatoxins; (b) a ‘lot’ as referred to in the Annex to Directive 2002/63/EC, in relation to food and feed listed in Annex II due to contamination risk by pesticides and pentachlorophenol.

Article 3

Sampling and analyses

The sampling and the analyses to be carried out by competent authorities at border control posts or at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625, as part of physical checks on consignments of food and feed referred to in Article 1(1)(a) and (b), or in third countries for the purposes of the results of analyses which are required to accompany the consignments of food and feed referred to in Article 1(1)(b) as provided for in this Regulation shall be performed in accordance with the following requirements:

(a) for food listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 401/2006;

(b) for feed listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 152/2009;

(c) for food and feed listed in Annexes I and II due to possible non-compliance with the maximum allowed levels of pesticides residues the sampling shall be performed in accordance with Directive 2002/63/EC;

(d) for guar gum listed in Annex II due to possible contamination with pentachlorophenol and dioxins the sampling for the analysis of pentachlorophenol shall be performed in accordance with Directive 2002/63/EC and the sampling and analyses for the control of dioxins in feed shall be performed in accordance with Regulation (EC) No 152/2009;

(e) for food listed in Annexes I and II due to the risk of presence of Salmonella, the sampling and the analyses for the control of Salmonella shall be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex III;

(f) the methods of sampling and analyses referred to in the footnotes to Annexes I and II shall be applied in relation to hazards other than those referred to in points (a), (b), (c), (d) and (e).

Article 4

Release for free circulation

The custom authorities shall only allow the release for free circulation of consignments of food and feed listed in Annexes I and II upon presentation of a duly finalised Common Health Entry Document (CHED) as provided for in Article 57(2)(b) of Regulation (EU) 2017/625, which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2) of that Regulation.







SECTION 2

TEMPORARY INCREASE OF OFFICIAL CONTROLS AT BORDER CONTROL POSTS AND CONTROL POINTS ON CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES

Article 5

List of food and feed of non-animal origin

1. Consignments of food and feed listed in Annex I shall be subject to a temporary increase of official controls at border control posts at their entry into the Union and at control points.

2. The identification of the food and feed referred to in paragraph 1 for official controls shall be made on the basis of the codes from the Combined Nomenclature and the TARIC sub-division indicated in Annex I.

Article 6

Frequency of identity checks and physical checks

1. The competent authorities at border control posts and at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625 shall carry out identity and physical checks, including sampling and laboratory analyses, on consignments of food and feed listed in Annex I at the frequency set out in that Annex.

2. The frequency of identity and physical checks set out in an entry in Annex I shall be applied as an overall frequency for all products falling under that entry.







SECTION 3

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SPECIAL CONDITIONS GOVERNING THE ENTRY INTO THE UNION AND SUSPENSION OF ENTRY INTO THE UNION OF CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES

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Article 7

Entry into the Union

1. Consignments of food and feed listed in Annex II shall only enter into the Union in accordance with the conditions laid down in this section.

2. The identification of the food and feed referred to in paragraph 1 for official controls shall be made on the basis of the codes from the Combined Nomenclature and the TARIC sub-division indicated in Annex II.

3. Consignments referred to in paragraph 1 shall be subject to official controls at border control posts at their entry into the Union and at control points.

Article 8

Frequency of identity checks and physical checks

1. The competent authorities at border control post and at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625 shall carry out identity and physical checks, including sampling and laboratory analyses, on consignments of food and feed listed in Annex II, at the frequency set out in that Annex.

2. The frequency of identity and physical checks set out in an entry in Annex II shall be applied as an overall frequency for all products falling under that entry.

3. Compound food listed in Table 2 to Annex II which contains products falling only under one entry in Table 1 to Annex II shall be subject to the overall frequency of identity and physical checks set out in Table 1 to Annex II for that entry.

4. Compound food listed in Table 2 to Annex II which contains products falling under several entries for the same hazard in Table 1 to Annex II shall be subject to the highest overall frequency of identity and physical checks set out in Table 1 to Annex II for these entries.

Article 9

Identification code

1. Each consignment of food and feed listed in Annex II shall be identified with an identification code.

2. Each individual bag or packaging form of the consignment shall be identified with that identification code.

3. By way of derogation from paragraph 2, in case of consignments of food and feed listed in Annex II due to the risk of contamination by mycotoxins and where the packaging is combining several small packages, it is not necessary for the identification code of the consignment to be mentioned individually on all the separate small packages as long as it is mentioned at least on the package combining these small packages.

Article 10

Results of sampling and analyses performed by the competent authorities of the third country

1. Each consignment of food and feed listed in Annex II shall be accompanied by the results of sampling and analyses performed on that consignment by the competent authorities of the third country of origin or of the country where the consignment is consigned from if that country is different from the country of origin.

2. On the basis of the results referred to in paragraph 1, the competent authorities shall ascertain: (a) compliance with Regulation (EC) No 1881/2006 and Directive 2002/32/EC on maximum levels of relevant mycotoxins, for consignments of food and feed listed in Annex II due to contamination risk by mycotoxins; (b) compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides, for consignments of food and feed listed in Annex II due to contamination risk by pesticide residues; (c) that the product does not contain more than 0,01 mg/kg pentachlorophenol (PCP), for consignments of food and feed listed in Annex II due to contamination risk by pentachlorophenol and dioxins; (d) the absence of Salmonella in 25 g, for consignments of food listed in Annex II due to risk of microbiological contamination by Salmonella.

3. Each consignment of food and feed listed in Annex II due to contamination risk by pentachlorophenol and dioxins shall be accompanied by an analytical report which shall comply with the requirements set out in Annex II.

The analytical report shall include the results of the analyses referred to in paragraph 1.

4. The results of sampling and analyses referred to in paragraph 1 shall bear the identification code of the consignment to which they relate referred to in Article 9(1).

5. The analyses referred to in paragraph 1 shall be performed by laboratories accredited in accordance with the standard ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories’.

Article 11

Official certificate

1. Each consignment of food and feed listed in Annex II shall be accompanied by an official certificate in accordance with the model set out in Annex IV (‘official certificate’).

2. The official certificate shall comply with the following requirements: a) it shall be issued by the competent authority of the third country of origin or of the third country where the consignment is consigned from if that country is different from the country of origin; b) it shall bare the identification code of the consignment to which it relates referred to in Article 9(1); c) it shall be issued before the consignment to which it relates leaves the control of the competent authority of the third country issuing the certificate; d) it shall be valid for not more than four months from the date of issue, but in any case no longer than six months from the date of the results of the laboratory analyses referred to in paragraph 1 of Article 10.

3. An official certificate which is not submitted in the Information Management System for Official Controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC) by the competent authority of the third country issuing the certificate shall also meet the requirements for model official certificates not submitted in IMSOC laid down in Article 3 of Implementing Regulation (EU) 2019/628.

4. Competent authorities may issue a replacement official certificate only in accordance with the rules laid down in Article 5 of Implementing Regulation (EU) 2019/628.

5. The official certificate referred to in paragraph 1 shall be completed on the basis of the notes set out in Annex IV.

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Article 11a

Suspension of entry into the Union

1. Member States shall prohibit the entry into the Union of the food and feed listed in Annex IIa.

2. Paragraph 1 shall apply to food and feed intended for placing on the Union market, and to food and feed intended for private use or consumption within the custom territory of the Union.

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SECTION 4

FINAL PROVISIONS

Article 12

Updates to Annexes

The Commission shall review the lists set out in Annexes I and II on a regular basis not exceeding a period of six months, in order to take into account new information related to risks and non-compliance.

Article 13

Repeal

1. Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2017/186, (EU) 2015/175 and (EU) 2018/1660 are repealed with effect from 14 December 2019.

2. References to Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2017/186, (EU) 2015/175 and (EU) 2018/1660 shall be construed as references to this Regulation.

3. References to ‘the designated point of entry within the meaning of point (b) of Article 3 of Regulation (EC) No 669/2009’ or to ‘the designated point of entry’ in acts other than those referred to in paragraph 1 shall be construed as references to a ‘border control post’ within the meaning of Article 3(38) of Regulation (EU) 2017/625.

4. References to ‘the common entry document (CED) referred to in point (a) of Article 3 of Regulation (EC) No 669/2009’, to ‘the common entry document (CED) referred to in Annex II to Regulation (EC) No 669/2009’ or to ‘the common entry document (CED)’ in acts other than those referred to in paragraph 1 shall be construed as references to the ‘Common Health Entry Document (CHED)’ referred to in Article 56 of Regulation (EU) 2017/625.

5. References to the definition laid down in Article 3(c) of Regulation (EC) No 669/2009 in acts other than those referred to in paragraph 1 shall be construed as references to the definition of ‘consignment’ laid down in Article 3(37) of Regulation (EU) 2017/625.

Article 14

Transitional period

1. The reporting obligations set out in Article 15 of Regulation (EC) No 669/2009, Article 13 of Regulation (EU) No 884/2014, Article 12 of Regulation (EU) 2018/1660, Article 12 of Regulation (EU) 2015/175 and Article 12 of Regulation (EU) 2017/186 shall continue to apply until 31 January 2020.

Such reporting obligations shall cover the period until 31 December 2019.

2. The reporting obligations referred to in paragraph 1 shall be deemed to be satisfied where Member States have registered in TRACES the common entry documents issued by their respective competent authorities in accordance with Regulation (EC) No 669/2009, Regulation (EU) No 884/2014, Regulation (EU) 2015/175, Regulation (EU) 2017/186 and Regulation (EU) 2018/1660 during the reporting period set out in the provisions referred to in paragraph 1.

3. Consignments of food and feed listed in Annex II accompanied by the relevant certificates issued before 14 February 2020 in accordance with the provisions of Regulation (EU) No 884/2014, Regulation (EU) 2018/1660, Regulation (EU) 2015/175 and Regulation (EU) 2017/186 respectively in force on 13 December 2019 shall be authorised for the entry into the Union until 13 June 2020.

Article 15

Entry into force and date of application

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

It shall apply from 14 December 2019.

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

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ANNEX I

Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points













ANNEX II

Food and feed from certain third countries subject to special conditions for the entry into the Union due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination

1. Food and feed of non-animal origin referred to in Article 1(1)(b)(i)







Food and feed (intended use) CN code (1) TARIC sub-division Country of origin Hazard Frequency of identity and physical checks (%) — Groundnuts (peanuts), in shell — 1202 41 00 Argentina (AR) Aflatoxins 5 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals (Food and feed) — ex 1208 90 00 20 — Hazelnuts (Corylus sp.) in shell — 0802 21 00 Azerbaijan (AZ) Aflatoxins 20 — Hazelnuts (Corylus sp.) shelled — 0802 22 00 — Mixtures of nuts or dried fruits containing hazelnuts — ex 0813 50 39 ; — ex 0813 50 91 ; — ex 0813 50 99 70 70 70 — Hazelnut paste — ex 2007 10 10 ; — ex 2007 10 99 ; — ex 2007 99 39 ; — ex 2007 99 50 ; — ex 2007 99 97 70 40 05; 06 33 23 — Hazelnuts, otherwise prepared or preserved, including mixtures — ex 2008 19 12 ; — ex 2008 19 19 ; — ex 2008 19 92 ; — ex 2008 19 95 ; — ex 2008 19 99 ; — ex 2008 97 12 ; — ex 2008 97 14 ; — ex 2008 97 16 ; — ex 2008 97 18 ; — ex 2008 97 32 ; — ex 2008 97 34 ; — ex 2008 97 36 ; — ex 2008 97 38 ; — ex 2008 97 51 ; — ex 2008 97 59 ; — ex 2008 97 72 ; — ex 2008 97 74 ; — ex 2008 97 76 ; — ex 2008 97 78 ; — ex 2008 97 92 ; — ex 2008 97 93 ; — ex 2008 97 94 ; — ex 2008 97 96 ; — ex 2008 97 97 ; — ex 2008 97 98 30 30 30 20 30 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 — Flour, meal and powder of hazelnuts — ex 1106 30 90 40 — Hazelnut oil (Food) — ex 1515 90 99 20 — Brazil nuts in shell — 0801 21 00 Brazil (BR) Aflatoxins 50 — Mixtures of nuts or dried fruits containing Brazil nuts in shell. (Food) — ex 0813 50 31 ; — ex 0813 50 39 ; — ex 0813 50 91 ; — ex 0813 50 99 20 20 20 20 — Groundnuts (peanuts), in shell — 1202 41 00 Brazil (BR) Aflatoxins 10 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals (Food and feed) — ex 1208 90 00 20 — Groundnuts (peanuts), in shell — 1202 41 00 China (CN) Aflatoxins 20 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals ( Food and feed ) — ex 1208 90 00 20 — Groundnuts (peanuts), in shell — 1202 41 00 Egypt (EG) Aflatoxins 20 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals ( Food and feed ) — ex 1208 90 00 20 — Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta — 0904 Ethiopia (ET) Aflatoxins 50 — Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices (Food – dried spices) — 0910 — Groundnuts (peanuts), in shell — 1202 41 00 Ghana (GH) Aflatoxins 50 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals (Food and feed) — ex 1208 90 00 20 — Groundnuts (peanuts), in shell — 1202 41 00 Gambia (GM) Aflatoxins 50 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals (Food and feed) — ex 1208 90 00 20 Nutmeg (Myristica fragrans) (Food – dried spices) 0908 11 00 ; 0908 12 00 Indonesia (ID) Aflatoxins 20 Betel leaves (Piper betle L.) (Food) ex 1404 90 00 10 India (IN) Salmonella (2) 10 Peppers of the Capsicum species (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 21 10 ; India (IN) Aflatoxins 20 ex 0904 22 00 ; 11; 19 ex 0904 21 90 ; 20 ex 2005 99 10 ; 10; 90 ex 2005 99 80 94 Nutmeg (Myristica fragrans) (Food – dried spices) — 0908 11 00 ; — 0908 12 00 India (IN) Aflatoxins 20 — Groundnuts (peanuts), in shell — 1202 41 00 India (IN) Aflatoxins 10 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals (Food and feed) — ex 1208 90 00 20 Guar gum (Food and feed) ex 1302 32 90 10 India (IN) Pentachlorophenol and dioxins (3) 5 Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen) ex 0709 60 99 ; ex 0710 80 59 20 20 India (IN) Pesticide residues (4) (5) 10 Sesamum seeds (Food) 1207 40 90 India (IN) Salmonella (6) 20 — Pistachios, in shell — 0802 51 00 Iran (IR) Aflatoxins 50 — Pistachios, shelled — 0802 52 00 — Mixtures of nuts or dried fruits containing pistachios — ex 0813 50 39 ; — ex 0813 50 91 ; — ex 0813 50 99 60 60 60 — Pistachio paste — ex 2007 10 10 ; — ex 2007 10 99 ; — ex 2007 99 39 ; — ex 2007 99 50 ; — ex 2007 99 97 60 30 03; 04 32 22 — Pistachios, prepared or preserved, including mixtures — ex 2008 19 13 ; — ex 2008 19 93 ; — ex 2008 97 12 ; — ex 2008 97 14 ; — ex 2008 97 16 ; — ex 2008 97 18 ; — ex 2008 97 32 ; — ex 2008 97 34 ; — ex 2008 97 36 ; — ex 2008 97 38 ; — ex 2008 97 51 ; — ex 2008 97 59 ; — ex 2008 97 72 ; — ex 2008 97 74 ; — ex 2008 97 76 ; — ex 2008 97 78 ; — ex 2008 97 92 ; — ex 2008 97 93 ; — ex 2008 97 94 ; — ex 2008 97 96 ; — ex 2008 97 97 ; — ex 2008 97 98 20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 — Flour, meal and powder of pistachios (Food) — ex 1106 30 90 50 Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) ex 1207 70 00 ; ex 1208 90 00 ; ex 2008 99 99 10 10 50 Nigeria (NG) Aflatoxins 50 Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen) ex 0709 60 99 ; ex 0710 80 59 20 20 Pakistan (PK) Pesticide residues (4) 20 — Groundnuts (peanuts), in shell — 1202 41 00 Sudan (SD) Aflatoxins 50 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 — Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil — 2305 00 00 — Groundnut flours and meals (Food and feed) — ex 1208 90 00 20 Sesamum seeds (Food) 1207 40 90 Sudan (SD) Salmonella (6) 20 — Dried figs — 0804 20 90 Turkey (TR) Aflatoxins 20 — Mixtures of nuts or dried fruits containing figs — ex 0813 50 99 50 — Dried fig paste — ex 2007 10 10 ; — ex 2007 10 99 ; — ex 2007 99 39 ; — ex 2007 99 50 ; — ex 2007 99 97 50 20 01; 02 31 21 — Dried figs, prepared or preserved, including mixtures — ex 2008 97 12 ; — ex 2008 97 14 ; — ex 2008 97 16 ; — ex 2008 97 18 ; — ex 2008 97 32 ; — ex 2008 97 34 ; — ex 2008 97 36 ; — ex 2008 97 38 ; — ex 2008 97 51 ; — ex 2008 97 59 ; — ex 2008 97 72 ; — ex 2008 97 74 ; — ex 2008 97 76 ; — ex 2008 97 78 ; — ex 2008 97 92 ; — ex 2008 97 93 ; — ex 2008 97 94 ; — ex 2008 97 96 ; — ex 2008 97 97 ; — ex 2008 97 98 ; — ex 2008 99 28 — ex 2008 99 34 ; — ex 2008 99 37 ; — ex 2008 99 40 ; — ex 2008 99 49 ; — ex 2008 99 67 ; — ex 2008 99 99 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 10 10 10 10 60 95 60 — Flour, meal or powder of dried figs (Food) — ex 1106 30 90 60 — Hazelnuts (Corylus sp.) in shell — 0802 21 00 Turkey (TR) Aflatoxins 5 — Hazelnuts (Corylus sp.) shelled — 0802 22 00 — Mixtures of nuts or dried fruits containing hazelnuts — ex 0813 50 39 ; — ex 0813 50 91 ; — ex 0813 50 99 70 70 70 — Hazelnut paste — ex 2007 10 10 ; — ex 2007 10 99 ; — ex 2007 99 39 ; — ex 2007 99 50 ; — ex 2007 99 97 70 40 05; 06 33 23 — Hazelnuts, otherwise prepared or preserved, including mixtures — ex 2008 19 12 ; — ex 2008 19 19 ; — ex 2008 19 92 ; — ex 2008 19 95 ; — ex 2008 19 99 ; — ex 2008 97 12 ; — ex 2008 97 14 ; — ex 2008 97 16 ; — ex 2008 97 18 ; — ex 2008 97 32 ; — ex 2008 97 34 ; — ex 2008 97 36 ; — ex 2008 97 38 ; — ex 2008 97 51 ; — ex 2008 97 59 ; — ex 2008 97 72 ; — ex 2008 97 74 ; — ex 2008 97 76 ; — ex 2008 97 78 ; — ex 2008 97 92 ; — ex 2008 97 93 ; — ex 2008 97 94 ; — ex 2008 97 96 ; — ex 2008 97 97 ; — ex 2008 97 98 30 30 30 20 30 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 — Flour, meal and powder of hazelnuts — ex 1106 30 90 40 — Hazelnut oil (Food) — ex 1515 90 99 20 — Pistachios, in shell — 0802 51 00 Turkey (TR) Aflatoxins 50 — Pistachios, shelled — 0802 52 00 — Mixtures of nuts or dried fruits containing pistachios — ex 0813 50 39 ; — ex 0813 50 91 ; — ex 0813 50 99 60 60 60 — Pistachio paste — ex 2007 10 10 ; — ex 2007 10 99 60 30 — Pistachios, prepared or preserved, including mixtures — ex 2007 99 39 ; — ex 2007 99 50 ; — ex 2007 99 97 ; — ex 2008 19 13 ; — ex 2008 19 93 ; — ex 2008 97 12 ; — ex 2008 97 14 ; — ex 2008 97 16 ; — ex 2008 97 18 ; — ex 2008 97 32 ; — ex 2008 97 34 ; — ex 2008 97 36 ; — ex 2008 97 38 ; — ex 2008 97 51 ; — ex 2008 97 59 ; — ex 2008 97 72 ; — ex 2008 97 74 ; — ex 2008 97 76 ; — ex 2008 97 78 ; — ex 2008 97 92 ; — ex 2008 97 93 ; — ex 2008 97 94 ; — ex 2008 97 96 ; — ex 2008 97 97 ; — ex 2008 97 98 03; 04 32 22 20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 — Flour, meal and powder of pistachios (Food) — ex 1106 30 90 50 Vine leaves (Food) ex 2008 99 99 11; 19 Turkey (TR) Pesticide residues (4) (7) 20 ▼M2 Sesamum seeds (Food) 1207 40 90 India (IN) Salmonella (9) 20 Pesticides residues (10) (11) 50 ▼M1 Pitahaya (dragon fruit) (Food – fresh or chilled) ex 0810 90 20 10 Vietnam (VN) Pesticide residues (4) (8) 10 ( 1 ) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’. ( 2 ) The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex III to this Regulation. ( 3 ) The analytical report referred to in Article 10(3) of this Regulation shall be issued by a laboratory accredited in accordance with EN ISO/IEC 17025 for the analysis of PCP in food and feed. a) the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin; b) the measurement uncertainty of the analytical result; c) the limit of detection (LOD) of the analytical method; and d) the limit of quantification (LOQ) of the analytical method. ( 4 ) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 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 monitored in/on products of plant origin only). ( 5 ) Residues of Carbofuran. ( 6 ) The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation. ( 7 ) Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and metrafenone. ( 8 ) Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos. ( 9 ) The sampling and the analyses shall be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex III to this Regulation. ( 10 ) Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 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 monitored in/on products of plant origin only). ( 11 ) Residues of ethylene oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).

2. Compound food referred to in Article 1(1)(b)(ii)







Compound food containing any of the individual products listed in table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of products listed CN Code (1) Description (2) ex 1704 90 Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated ex 1806 Chocolate and other food preparations containing cocoa ex 1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products ( 1 ) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’. ( 2 ) The description of the goods is as laid down in the description column of the CN in Annex I to Regulation (EEC) No 2658/87. For further explanation of the exact coverage of the Common Customs Tariff, please refer to the latest amendment to that Annex.

▼M1









ANNEX IIa

Food and feed from certain third countries subject to suspension of entry into the Union referred to in Article 11a







Food and feed (intended use) CN code (1) TARIC sub-division Country of origin Hazard — Foodstuffs containing or consisting of betel leaves (‘Piper betle’) (Food) — 1404 90 00 (2) Bangladesh (BD) (3) Salmonella — Foodstuffs consisting of dried beans (Food) — 0713 35 00 — 0713 39 00 — 0713 90 00 Nigeria (NG) Pesticide residues ( 1 ) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’. ( 2 ) Foodstuffs containing or consisting of betel leaves (‘Piper betle’) including, but not limited to, those declared under CN code 1404 90 00 . ( 3 ) Country of origin and/or country of dispatch.

▼B









ANNEX III

(1) Sampling procedures and analytical reference methods referred to in Article 3(e)

1. Sampling procedures and analytical reference methods for the control of presence of Salmonella in food

(a) In the case where Annexes I or II to this Regulation provide for the application of the sampling procedures and analytical reference methods laid down in point 1(a) of Annex III to this Regulation, the following rules shall apply:



Analytical reference method (1) Weight of consignment Number of sample units (n) Sampling procedures Analytical result required for each sample unit of the same consignment EN ISO 6579-1 Less than 20 tonnes 5 n sample units are collected of a minimum of 100 g each. If batches are identified in the CHED, the sample units shall be collected from the different batches randomly chosen from the consignment. If batches cannot be identified, the sample units are collected randomly from the consignment. Pooling of sample units is not allowed. Each sample unit shall be tested separately. No detection of Salmonella in 25 g Greater than or equal to 20 tonnes 10 ( 1 ) The most recent version of the analytical reference method shall be used or a method validated against it in accordance with the protocol set out in EN ISO 16140-2.

(b) In the case where Annexes I or II to this Regulation provide for the application of the sampling procedures and analytical reference methods laid down in point 1(b) of Annex III to this Regulation, the following rules shall apply:



Analytical reference method (1) Weight of consignment Number of sample units (n) Sampling procedures Analytical result required for each sample unit of the same consignment EN ISO 6579-1 Any weight 5 n sample units are collected of a minimum of 100 g each. If batches are identified in the CHED, the sample units shall be collected from the different batches randomly chosen from the consignment. If batches cannot be identified, the sample units are collected randomly from the consignment. Pooling of sample units is not allowed. Each sample unit shall be tested separately. No detection of Salmonella in 25 g ( 1 ) The most recent version of the analytical reference method shall be used or a method validated against it in accordance with the protocol set out in EN ISO 16140-2.









ANNEX IV

MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED

NOTES ON THE COMPLETION OF THE MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED

General

To positively select any option, please tick or mark the relevant box with a cross (X).

Whenever mentioned, ‘ISO’ means the international standard two-letter code for a country, in accordance with the international standard ISO 3166 alpha-2 ( 1 ).

Only one of the options may be selected in boxes I.15, I.18, I.20.

Unless otherwise indicated, the boxes are compulsory.

If the consignee, the entry border control post (BCP) or the transport details (that is to say, the means and date) change after the certificate has been issued, the operator responsible for the consignment must advise the competent authority of the Member State of entry. Such a change shall not result in a request for a replacement certificate.

In case the certificate is submitted in IMSOC, the following applies:

— the entries or boxes specified in Part I constitute the data dictionaries for the electronic version of the official certificate;

— the sequences of boxes in part I of the model official certificate and the size and shape of those boxes are indicative;

— where a stamp is required, its electronic equivalent is an electronic seal. Such seal shall comply with the rules for the issuance of electronic certificates referred to in Article 90(f) of Regulation (EU) 2017/625.

Part I: Details of the dispatched consignment







Country: The name of the third country issuing the certificate. Box I.1. Consignor/Exporter: the name and address (street, city and region, province or state, as appropriate) of the natural or legal person dispatching the consignment that must be located in the third country. Box I.2. Certificate reference No: the unique mandatory code assigned by the competent authority of the third country in accordance with its own classification. This box is compulsory for all certificates not submitted in IMSOC. Box I.2.a IMSOC reference No: the unique reference code automatically assigned by IMSOC, if the certificate is registered in IMSOC. This box must not be completed if the certificate is not submitted in IMSOC. Box I.3. Central competent authority: name of the central authority in the third country issuing the certificate. Box I.4. Local competent authority: if applicable, the name of the local authority in the third country issuing the certificate. Box I.5. Consignee/Importer: name and address of the natural or legal person to whom the consignment is intended in the Member State. Box I.6. Operator responsible for the consignment: the name and address of the person in the European Union in charge of the consignment when presented to the BCP and who makes the necessary declarations to the competent authorities either as the importer or on behalf of the importer. This box is optional. Box I.7. Country of origin: the name and ISO code of the country where the goods are originating from, grown, harvested or produced. Box I.8. Not applicable. Box I.9. Country of destination: the name and ISO code of the European Union country of destination of the products. Box I.10. Not applicable. Box I.11. Place of dispatch: the name and address of the holdings or establishments from which the products come from. Any unit of a company in the food or feed sector. Only the establishment shipping the products is to be named. In the case of trade involving more than one third country (triangular movement), the place of dispatch is the last third-country establishment of the export chain from which the final consignment is transported to the European Union. Box I.12. Place of destination: this information is optional. For the placing on the market: the place where the products are sent for final unloading. Give the name, address and approval number of the holdings or establishments of the place of destination, if applicable. Box I.13. Place of loading: not applicable. Box I.14. Date and time of departure: the date when the means of transport departs (aeroplane, vessel, railway or road vehicle). Box I.15. Means of transport: means of transport leaving the country of dispatch. Mode of transport: aeroplane, vessel, railway, road vehicle or other. ‘Other’ means modes of transport not covered by Council Regulation (EC) No 1/2005 (1). Identification of the means of transport: for aeroplanes the flight number, for vessels the ship name(s), for railways the train identity and wagon number, for road transports the registration number plate with trailer number plate if applicable. In the case of a ferry, state the identification of the road vehicle, the registration number plate with trailer number plate if applicable, and the name of the scheduled ferry. Box I.16. Entry BCP: state the name of the BCP and its identification code assigned by IMSOC. Box I.17. Accompanying documents: Laboratory report: indicate the reference number and the date of issuance of the report/results of laboratory analyses referred to in Article 10 of Implementing Regulation (EU) 2019/1793 (this Regulation). Other: the type and reference number of document must be stated when a consignment is accompanied by the other documents such a commercial document (for example, the airway bill number, the bill of lading number or the commercial number of the train or road vehicle). Box I.18. Transport conditions: category of required temperature during the transport of products (ambient, chilled, frozen). Only one category may be selected. Box I.19. Container No/Seal No: if applicable, the corresponding numbers. The container number must be provided if the goods are transported in closed containers. Only the official seal number must be stated. An official seal applies if a seal is affixed to the container, truck or rail wagon under the supervision of the competent authority issuing the certificate. Box I.20. Goods certified as: state the intended use for products as specified in the relevant European Union official certificate. Human consumption: concerns only products intended for human consumption. Feedingstuff: concerns only products intended for animal feed. Box I.21. Not applicable Box I.22. For internal market: for all consignments destined to be placed on the market in the European Union. Box I.23. Total number of packages: the number of packages. In the case of bulk consignments, this box is optional. Box I.24. Quantity: Total net weight: this is defined as the mass of the goods themselves without immediate containers or any packaging. Total gross weight: overall weight in kilograms. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment. Box I.25. Description of goods: State the relevant Harmonised System code (HS code) and the title defined by the World Customs Organisation as referred to in Council Regulation (EEC) No 2658/87 (2). This customs description shall be supplemented, if necessary, by additional information required to classify the products. Indicate the species, types of products, the number of packages, type of packaging, batch number, net weight, and final consumer (i.e. products are packed for final consumer). Species: the scientific name or as defined in accordance with European Union legislation. Type of packaging: identify the type of packaging according to the definition given in Recommendation No 21 (3) of UN/CEFACT (United Nations Centre for Trade Facilitation and Electronic Business). ( 1 ) Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1). ( 2 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). ( 3 ) Last version: Revision 9 Annexes V and VI as published on: http://www.unece.org/tradewelcome/un-centre-for-trade-facilitation-and-e-business-uncefact/outputs/cefactrecommendationsrec-index/list-of-trade-facilitation-recommendations-n-21-to-24.ahtml.

Part II: Certification

This part must be completed by a certifying officer authorised by the competent authority of the third country to sign the official certificate, as provided for in Article 88(2) of Regulation (EU) 2017/625.







Box II. Health information: please complete this part in accordance with the specific European Union health requirements relating to the nature of the products and as defined in the equivalence agreements with certain third countries or in other European Union legislation, such as that for certification. Select among points II.2.1, II.2.2, II.2.3 and II.2.4, the point corresponding to the category of product and the hazard for which the certification is given. In case the official certificates is not submitted in IMSOC, the statements which are not relevant must be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate. In case the certificate is submitted in IMSOC, the statements which are not relevant must be crossed out or completely removed from the certificate. Box II.a. Certificate reference No: same reference code as in box I.2. Box II.b. IMSOC reference No: same reference code as in box I.2.a. Mandatory only for official certificates issued in IMSOC. Certifying officer: Official of the competent authority of the third country authorised to sign official certificates by such authorities: Indicate the name in capital letters, qualification and title, where applicable, identification number and original stamp of the competent authority and date of signature.