02019R1793 — EN — 23.11.2021 — 004.001

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:









▼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)







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; ▼M4 (ii) consignments of food consisting of two or more ingredients, 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.

▼B

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. ▼M4 (c) ‘country of origin’ means: (i) the country where the goods originate from, were grown, harvested or produced, where food and feed is listed in the Annexes due to a possible risk of contamination by mycotoxins, including aflatoxins, or by plant toxins, or due to possible non-compliance with maximum allowed levels of pesticide residues; (ii) the country where the goods were produced, manufactured or wrapped where food and feed is listed in the Annexes due to the risk of presence of Salmonella or due to other hazards than those specified in point (i). ▼B

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

▼B

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.

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3. Food consisting of two or more ingredients 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. Food consisting of two or more ingredients 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.

▼B

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’.

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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) the official certificate 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) the official certificate shall bear the identification code of the consignment to which it relates, referred to in Article 9(1); (c) the official certificate shall bear the signature of the certifying officer and the official stamp; (d) where the official certificate contains multiple or alternative statements, the statements which are not relevant shall be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate; (e) the official certificate shall consist of one of the following: (i) a single sheet of paper; (ii) several sheets of paper where all sheets are indivisible and constitute an integrated whole; (iii) a sequence of pages with each page numbered so as to indicate that it is a particular page in a finite sequence; (f) where the official certificate consists of a sequence of pages as referred to in point (e)(iii) of this paragraph, each page shall bear the unique code referred to in Article 89(1)(a) of Regulation (EU) 2017/625, the signature of the certifying officer and the official stamp; (g) the official certificate shall be presented to the competent authority of the border control post of entry into the Union where the consignment is subjected to official controls; (h) the official certificate shall be issued before the consignment to which it relates leaves the control of the competent authorities in the third country issuing the certificate; (i) the official certificate shall be drawn up in the official language, or in one of the official languages, of the Member State of the border control post of entry into the Union; (j) the official certificate 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 Article 10(1).

3. By way of derogation from point (i) of paragraph 2, a Member State may consent to official certificates being drawn up in another official language of the Union and accompanied, if necessary, by an authenticated translation.

4. The colour of the signature and of the stamp other than an embossed or watermarked stamp, which are referred to in point (c) of paragraph 2, shall be different to the colour of the printing.

5. Points (c) to (g) of paragraph 2 and paragraph 4 shall not apply to electronic official certificates issued in accordance with the requirements of Article 39(1) of Commission Implementing Regulation (EU) 2019/1715 ( 1 ).

6. Points (d), (e) and (f) of paragraph 2 shall not apply to official certificates issued in paper and completed in, and printed from, TRACES.

7. Competent authorities may issue a replacement official certificate only in accordance with the rules laid down in Article 6 of Commission Implementing Regulation (EU) 2020/2235 ( 2 ).

8. The official certificate 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.

▼B







SECTION 4

FINAL PROVISIONS

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Article 12

Updates to Annexes

The Commission shall review the lists set out in Annexes I, II and IIa 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.

▼B

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.

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Article 14

Transitional period

Consignments of Sesamum seeds from Ethiopia and consignments of peppers of the genus Capsicum (sweet or other than sweet) from Sri Lanka which are not accompanied by an official certificate and the results of sampling and analysis in accordance with this Regulation shall be accepted for entry into the Union until 13 January 2022.

▼B

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 to microbiological contamination

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







Row Food and feed (intended use) CN code (1) TARIC sub-division Country of origin Hazard Frequency of identity and physical checks (%) 1 — 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, including mixtures — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 ; — ex 2008 19 12 ; 40 — ex 2008 19 13 ; 40 — ex 2008 19 19 ; 50 — ex 2008 19 92 ; 40 — ex 2008 19 93 ; 40 — ex 2008 19 95 ; 40 — ex 2008 19 99 50 — 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 2 — 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 ; 70 ex 0813 50 91 ; 70 ex 0813 50 99 70 — Hazelnut paste — ex 2007 10 10 ; 70 ex 2007 10 99 ; 40 ex 2007 99 39 ; 05; 06 ex 2007 99 50 ; 33 ex 2007 99 97 23 — Hazelnuts, otherwise prepared or preserved, including mixtures — ex 2008 19 12 ; 30 ex 2008 19 19 ; 30 ex 2008 19 92 ; 30 ex 2008 19 95 ; 20 ex 2008 19 99 ; 30 ex 2008 97 12 ; 15 ex 2008 97 14 ; 15 ex 2008 97 16 ; 15 ex 2008 97 18 ; 15 ex 2008 97 32 ; 15 ex 2008 97 34 ; 15 ex 2008 97 36 ; 15 ex 2008 97 38 ; 15 ex 2008 97 51 ; 15 ex 2008 97 59 ; 15 ex 2008 97 72 ; 15 ex 2008 97 74 ; 15 ex 2008 97 76 ; 15 ex 2008 97 78 ; 15 ex 2008 97 92 ; 15 ex 2008 97 93 ; 15 ex 2008 97 94 ; 15 ex 2008 97 96 ; 15 ex 2008 97 97 ; 15 ex 2008 97 98 ; 15 — Flour, meal and powder of hazelnuts — ex 1106 30 90 40 — Hazelnut oil (Food) — ex 1515 90 99 20 3 — Foodstuffs containing or consisting of betel leaves (Piper betle) (Food) ex 1404 90 00 (10) 10 Bangladesh (BD) Salmonella (6) 50 4 — 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 ; 20 ex 0813 50 39 ; 20 ex 0813 50 91 ; 20 ex 0813 50 99 20 5 — 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, including mixtures — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 ; — ex 2008 19 12 ; 40 — ex 2008 19 13 ; 40 — ex 2008 19 19 ; 50 — ex 2008 19 92 ; 40 — ex 2008 19 93 ; 40 — ex 2008 19 95 ; 40 — ex 2008 19 99 50 — 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 6 — 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 7 Sesamum seeds (Food) — 1207 40 90 Ethiopia (ET) Salmonella (6) 50 — ex 2008 19 19 40 ex 2008 19 99 40 8 — 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, including mixtures — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 ; — ex 2008 19 12 ; 40 — ex 2008 19 13 ; 40 — ex 2008 19 19 ; 50 — ex 2008 19 92 ; 40 — ex 2008 19 93 ; 40 — ex 2008 19 95 ; 40 — ex 2008 19 99 50 — 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 9 — 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, including mixtures — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 ; — ex 2008 19 12 ; 40 — ex 2008 19 13 ; 40 — ex 2008 19 19 ; 50 — ex 2008 19 92 ; 40 — ex 2008 19 93 ; 40 — ex 2008 19 95 ; 40 — ex 2008 19 99 50 — 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 10 Nutmeg (Myristica fragrans) (Food – dried spices) 0908 11 00 ; 0908 12 00 Indonesia (ID) Aflatoxins 20 11 Betel leaves (Piper betle L.) (Food) ex 1404 90 00 10 India (IN) Salmonella (2) 10 12 Peppers of the genus Capsicum (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 13 Nutmeg (Myristica fragrans) (Food – dried spices) 0908 11 00 ; 0908 12 00 India (IN) Aflatoxins 20 14 — Groundnuts (peanuts), in shell — 1202 41 00 India (IN) Aflatoxins 50 — Groundnuts (peanuts), shelled — 1202 42 00 — Peanut butter — 2008 11 10 — Groundnuts (peanuts), otherwise prepared or preserved, including mixtures — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 ; — ex 2008 19 12 ; 40 — ex 2008 19 13 ; 40 — ex 2008 19 19 ; 50 — ex 2008 19 92 ; 40 — ex 2008 19 93 ; 40 — ex 2008 19 95 ; 40 — ex 2008 19 99 50 — 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 15 Guar gum (Food and feed) ex 1302 32 90 10 India (IN) Pentachlorophenol and dioxins (3) 5 16 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex 0709 60 99 ; 20 India (IN) Pesticide residues (4) (5) 10 ex 0710 80 59 20 17 Sesamum seeds (Food and feed) — 1207 40 90 India (IN) Salmonella (6) Pesticide residues (4) (11) 20 50 — ex 2008 19 19 40 ex 2008 19 99 40 18 — 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 ; 60 ex 0813 50 91 ; 60 ex 0813 50 99 60 — Pistachio paste — ex 2007 10 10 ; 60 ex 2007 10 99 ; 30 ex 2007 99 39 ; 03; 04 ex 2007 99 50 ; 32 ex 2007 99 97 22 — Pistachios, prepared or preserved, including mixtures — ex 2008 19 13 ; 20 ex 2008 19 93 ; 20 ex 2008 97 12 ; 19 ex 2008 97 14 ; 19 ex 2008 97 16 ; 19 ex 2008 97 18 ; 19 ex 2008 97 32 ; 19 ex 2008 97 34 ; 19 ex 2008 97 36 ; 19 ex 2008 97 38 ; 19 ex 2008 97 51 ; 19 ex 2008 97 59 ; 19 ex 2008 97 72 ; 19 ex 2008 97 74 ; 19 ex 2008 97 76 ; 19 ex 2008 97 78 ; 19 ex 2008 97 92 ; 19 ex 2008 97 93 ; 19 ex 2008 97 94 ; 19 ex 2008 97 96 ; 19 ex 2008 97 97 ; 19 ex 2008 97 98 19 — Flour, meal and powder of pistachios (Food) — ex 1106 30 90 50 19 Peppers of the genus Capsicum (sweet or other than sweet) (Food – dried, roasted, crushed or ground) 0904 21 10 ; Sri Lanka (LK) Aflatoxins 50 ex 0904 21 90 ; 20 ex 0904 22 00 ; 11; 19 ex 2005 99 10 ; 10; 90 ex 2005 99 80 94 20 Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) ex 1207 70 00 ; 10 Nigeria (NG) Aflatoxins 50 ex 1208 90 00 ; 10 ex 2008 99 99 50 21 Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled or frozen) ex 0709 60 99 ; 20 Pakistan (PK) Pesticide residues (4) 20 ex 0710 80 59 20 22 — 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, including mixtures — 2008 11 91 ; — 2008 11 96 ; — 2008 11 98 ; — ex 2008 19 12 ; 40 — ex 2008 19 13 ; 40 — ex 2008 19 19 ; 50 — ex 2008 19 92 ; 40 — ex 2008 19 93 ; 40 — ex 2008 19 95 ; 40 — ex 2008 19 99 50 — 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 23 Sesamum seeds (Food) — 1207 40 90 Sudan (SD) Salmonella (6) 50 — ex 2008 19 19 40 — ex 2008 19 99 40 24 — 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 ; 50 ex 2007 10 99 ; 20 ex 2007 99 39 ; 01; 02 ex 2007 99 50 ; 31 ex 2007 99 97 21 — Dried figs, prepared or preserved, including mixtures — ex 2008 19 12 ; 11 ex 2008 19 14 ; 11 ex 2008 97 16 ; 11 ex 2008 97 18 ; 11 ex 2008 97 32 ; 11 ex 2008 97 34 ; 11 ex 2008 97 36 ; 11 ex 2008 97 38 ; 11 ex 2008 97 51 ; 11 ex 2008 97 59 ; 11 ex 2008 97 72 ; 11 ex 2008 97 74 ; 11 ex 2008 97 76 ; 11 ex 2008 97 78 ; 11 ex 2008 97 92 ; 11 ex 2008 97 93 ; 11 ex 2008 97 94 ; 11 ex 2008 97 96 ; 11 ex 2008 97 97 ; 11 ex 2008 97 98 ; 11 ex 2008 99 28 ; 10 ex 2008 99 34 ; 10 ex 2008 99 37 ; 10 ex 2008 99 40 ; 10 ex 2008 99 49 ; 60 ex 2008 99 67 ; 95 ex 2008 99 99 60 — Flour, meal and powder of dried figs — (Food) — ex 1106 30 90 60 25 — 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 ; 60 ex 0813 50 91 ; 60 ex 0813 50 99 60 — Pistachio paste — ex 2007 10 10 ; 60 ex 2007 10 99 ; 30 ex 2007 99 39 ; 03; 04 ex 2007 99 50 ; 32 ex 2007 99 97 22 — Pistachios, prepared or preserved, including mixtures — ex 2008 19 13 ; 20 ex 2008 19 93 ; 20 ex 2008 97 12 19 ex 2008 97 14 ; 19 ex 2008 97 16 ; 19 ex 2008 97 18 ; 19 ex 2008 97 32 ; 19 ex 2008 97 34 ; 19 ex 2008 97 36 ; 19 ex 2008 97 38 ; 19 ex 2008 97 51 ; 19 ex 2008 97 59 ; 19 ex 2008 97 72 ; 19 ex 2008 97 74 ; 19 ex 2008 97 76 ; 19 ex 2008 97 78 ; 19 ex 2008 97 92 ; 19 ex 2008 97 93 ; 19 ex 2008 97 94 ; 19 ex 2008 97 96 ; 19 ex 2008 97 97 ; 19 ex 2008 97 98 19 — Flour, meal and powder of pistachios (Food) — ex 1106 30 90 50 26 Vine leaves (Food) ex 2008 99 99 11; 19 Turkey (TR) Pesticide residues (4) (7) 50 27 Sesamum seeds (Food) — 1207 40 90 Uganda (UG) Salmonella (6) 20 — ex 2008 19 19 40 — ex 2008 19 99 40 28 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. ( 3 ) The analytical report referred to in Article 10(3) shall be issued by a laboratory accredited in accordance with EN ISO/IEC 17025 for the analysis of pentachlorophenol (PCP) in food and feed.

The analytical report shall indicate: (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.

The extraction before analysis shall be performed with an acidified solvent. The analysis shall be carried out according to the modified version of the QuEChERS method as set out on the websites of the European Union Reference Laboratories for Residues of Pesticides or according to an equally reliable 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. ( 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 description of the goods is as laid down in the description column of the CN in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). ( 10 ) Foodstuffs containing or consisting of betel leaves (Piper betle) including, but not limited to, those declared under CN code 1404 90 00. ( 11 ) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).

2. Food referred to in Article 1(1)(b)(ii)







Row Food consisting of two or more ingredients, containing any of the individual products listed in the table in point 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) 1 ex 1704 90 Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated 2 ex 18 06 Chocolate and other food preparations containing cocoa 3 ex 19 05 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 Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).









ANNEX IIa

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







Row Food and feed (intended use) CN code TARIC sub-division Country of origin Hazard 1 — Foodstuffs consisting of dried beans (Food) — 0713 35 00 — 0713 39 00 — 0713 90 00 Nigeria (NG) Pesticide residues

▼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.

▼M4









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 FOR THE COMPLETION OF THE 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

General

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

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

Select among points II.2.1, II.2.2, II.2.3 and II.2.4, the point(s) corresponding to the category of product and the hazard(s) for which the certification is given.

Unless otherwise indicated, all 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 the information management system for official controls (IMSOC), the following applies:

— the statements which are not relevant are crossed out,

— 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.

In case the official certificate is not submitted in the IMSOC, the statements which are not relevant must be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate.







PART I – DESCRIPTION OF CONSIGNMENT Box Description Country Indicate the name of the third country issuing the certificate. I.1 Consignor/Exporter Indicate the name and address, country and ISO country code (1), of the natural or legal person dispatching the consignment. This person shall be established in a third country, except for the re-entry of consignments originating in the Union. I.2 Certificate reference Indicate the unique alphanumeric code assigned by the competent authority of the third country. This box is not compulsory for certificates submitted in the IMSOC. Repeated in box II.a I.2a IMSOC reference This is the unique alphanumeric code assigned by the IMSOC. Repeated in box II.b This box shall not be completed if the certificate is not submitted in the IMSOC. I.3 Central competent authority Indicate the name of the central authority in the third country issuing the certificate. I.4 Local competent authority Indicate, if applicable, the name of the local authority in the third country issuing the certificate. I.5 Consignee/Importer Indicate the name and address of the natural or legal person to whom the consignment is destined in the Member State of destination. I.6 Operator responsible for the consignment Indicate the name and address, country and ISO country code, of the natural or legal person in the Member State in charge of the consignment when presented at the Border Control Post (BCP) who makes the necessary declarations to the competent authorities as the importer or on behalf of the importer. This operator may be the same as indicated in box I.5. This box is optional. I.7 Country of origin Indicate the name and ISO country code of the country where the goods originate from, were grown, harvested or produced for food and feed listed in the Annexes due to a possible risk of contamination by mycotoxins, including aflatoxins, or by plant toxins, or due to possible non-compliance with the maximum allowed levels of pesticide residues. Indicate the name and ISO country code of the country where the goods were produced, manufactured or wrapped for food and feed listed in the Annexes due to the risk of presence of Salmonella or due to other hazards than those specified in the first paragraph. I.8 Region of origin Not applicable. I.9 Country of destination Indicate the name and ISO country code of Member State of destination of the products. I.10 Region of destination Not applicable. I.11 Place of dispatch Indicate the name and address, country and ISO country code of the establishment(s) from where the products come from. Where required by Union legislation, indicate its registration or approval number. For other products: 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 trade), the place of dispatch is the last third-country establishment of the export chain from which the final consignment is transported to the Union. I.12 Place of destination Indicate the name and address, country and ISO country code, of the place where the consignment is being delivered for final unloading. Where applicable, also indicate the registration or approval number of the establishment of destination. I.13 Place of loading Not applicable. I.14 Date and time of departure Indicate the date when the means of transport departs (aircraft, vessel, railway or road vehicle). I.15 Means of transport Select one or more of the following means of transport for goods leaving the country of dispatch, and indicate its identification: — aircraft (indicate the flight number); — vessel (indicate the vessel name and number); — railway (indicate the train identity and wagon number); — road vehicle (indicate the registration number with trailer number, if applicable). In the case of a ferry, tick ‘vessel’ and identify the road vehicle(s) with registration number (with trailer number, if applicable), in addition to the name and number of the scheduled ferry. I.16 Entry Border Control Post Indicate the name of the BCP of entry into the Union for certificates not submitted in the IMSOC or select the name of the BCP of entry into the Union and its unique alphanumeric code assigned by the IMSOC. I.17 Accompanying documents Indicate the type of required document: analytical report/results of sampling and analyses referred to in Article 10 of Implementing Regulation (EU) 2019/1793, and indicate the unique code of required accompanying documents and country of issue. Other documents: indicate the type and reference number of document when a consignment is accompanied by other documents such as commercial documents (for example, the airway bill number, the bill of lading number or the commercial number of the train or road vehicle). I.18 Transport conditions Indicate the category of required temperature during the transport of products (ambient, chilled, frozen). I.19 Container number/Seal number Where applicable, indicate the container number and seal number (more than one possible). 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. I.20 Certified as or for Select the intended use of goods as specified in the relevant Union legislation: Feedstuffs: concerns only products intended for animal feed. Products for human consumption: concerns only products intended for human consumption for which an official certificate is required by Union legislation. I.21 For transit Not applicable. I.22 For internal market Tick this box where consignments are intended to be placed on the Union market. I.23 For re-entry Not applicable. I.24 Total number of packages Indicate the total number of packages in the consignment, where appropriate: In the case of bulk consignments, this box is optional. I.25 Total quantity Not applicable. I.26 Total net weight/gross weight (kg) The total net weight is the mass of goods themselves, without immediate containers or any packaging. It is automatically calculated by the IMSOC on the basis of the information entered in box I.27. The declared net weight of glazed food shall be exclusive of the glaze. Indicate the total gross weight, i.e. the aggregate mass of the goods, plus immediate containers and all their packaging, but excluding transport containers and other transport equipment. I.27 Description of consignment Indicate the relevant Harmonised System (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. In addition, state any specific requirements relating to the nature/processing of the products as defined in the relevant Union legislation. Indicate the species, and approval number of establishments when applicable together with ISO country code, number of packages, type of packaging, batch number, and net weight. Tick ‘final consumer’ where products are packaged for final consumers. Species: indicate the scientific name or as defined in accordance with 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 ) International standard two-letter code for a country in accordance with the ISO 3166 alpha-2 international standard; http://www.iso.org/iso/country_codes/iso-3166-1_decoding_table.htm ( 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: www.unece.org/uncefact/codelistrecs.html







PART II – Certification Box Description Country Indicate the name of the third country issuing the certificate. Certificate model This box refers to the specific title of each model of certificate. II Health information This box refers to the specific Union health requirements applicable to the nature of the products and as defined in the equivalence agreements with certain third countries or in other Union legislation, such as that for certification. II.2a Certificate reference This is the unique alphanumeric code indicated in box I.2. II.2b IMSOC reference This is the unique alphanumeric code indicated in box I.2a Certifying officer This box refers to the signature of the certifying officer as defined in point (26) of Article 3 of Regulation (EU) 2017/625. Indicate the name in capital letters, qualification and title, where applicable, of the signatory, and the name and original stamp of the competent authority the signatory is attached to and date of signature.