L 158/4
EN
Official Journal of the European Union
13.6.2022
(16)
Nutmeg from India, under CN codes 0908 11 00 and 0908 12 00, has been subject to an increased level of official controls due to the risk of contamination by aflatoxins since July 2019.
The official controls carried out by the Member States and available information show improvements in compliance with the relevant requirements provided for in Union legislation.
Those controls and that information provide evidence that the entry of this foodstuff into the Union no longer constitutes a serious risk to human health.
Consequently, it is not necessary to continue to require that all consignments of nutmeg from India, under CN codes 0908 11 00 and 0908 12 00, are to be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Commission Regulation (EC) No 1881/2006 (4).
At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained.
Therefore, the entry concerning nutmeg from India, under CN codes 0908 11 00 and 0908 12 00, in the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union.
(17)
In relation to consignments of peppers of the genus Capsicum (other than sweet) from Thailand, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex I to Implementing Regulation (EU) 2019/1793.
It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 30 % of consignments entering the Union.
(18)
Several CN codes do not match the commodities referred to in certain entries in Annex I to Implementing Regulation (EU) 2019/1793 and are therefore redundant.
The following CN codes should be deleted in Annex I to that Implementing Regulation: CN code ex 0807 19 00 70 in the entry on galia melon (C.melo var.reticulatus) from Honduras, CN code ex 0709 99 90 25 in the entry on gotukola (Centella asiatica) from Sri Lanka and CN code 1211 90 86 10 in the entry on dried oregano from Turkey.
(19)
To allow for a more precise identification of commodities subject to increased official controls, it is appropriate to specify the TARIC sub-division for CN code ex 0709 99 90 in the entry on drumsticks (Moringa oleifera) from India and for CN code ex 1211 90 86 in the entry on gotukola (Centella asiatica) from Sri Lanka in Annex I to Implementing Regulation (EU) 2019/1793.
(20)
In relation to consignments of nutmeg from Indonesia, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins was detected during official controls performed by Member States in accordance with the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793.
It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 30 % of consignments entering the Union.
(21)
The potential health risk from contamination by ethylene oxide affects mixtures of food additives containing locust bean gum or guar gum.
Therefore, in the columns referring to ‘food and feed (intended use)’ and ‘CN code’ in the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793 in the entry related to India, the category ‘mixtures of food additives containing locust bean gum or guar gum’ and relevant CN codes for mixtures of food additives should be added.
Equally, in the entries related to Malaysia and to Turkey, the category ‘mixtures of food additives containing locust bean gum’ and relevant CN codes for mixtures of food additives should be added.
A frequency of identity and physical checks should be set at 20 % for such consignments entering the Union from India, Malaysia and Turkey.
(22)
In relation to spices from India, CN code 0910 covers commodities in the form of roots, flowers and leaves, such as turmeric (curcuma) root.
Taking into account that no contamination by ethylene oxide was detected during official controls performed by Member States in accordance with the table in point 1, of Annex II to Implementing Regulation (EU) 2019/1793, such commodities can be excluded from increased official controls.
Therefore, it is appropriate to indicate in Annex II to Implementing Regulation (EU) 2019/1793 that only dried spices from India should be subject to official controls at border control posts, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.
(4) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).