L 147/112
EN
Official Journal of the European Union
7.6.2023
(3)
Recent notifications received through the RASFF indicate the existence of serious direct or indirect risk to human health deriving from some food or feed.
Additionally, official controls performed by the Member States on some food and feed of non-animal origin in the second semester of 2022 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union.
(4)
Sweet peppers (Capsicum annuum) and peppers of the genus Capsicum (other than sweet) from the Dominican Republic have been subject to an increased level of official controls and to special conditions at their entry into the Union, due to the risk of contamination by pesticide residues since January 2010.
The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation.
The results of those controls provide evidence that the entry of those foodstuffs into the Union no longer constitutes a serious risk for human health.
Consequently, it is not necessary to continue to provide that each consignment be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council (4).
At the same time, Member States should continue to carry out official controls to ensure that the current level of compliance will be maintained.
Therefore, the entry of sweet peppers (Capsicum annuum) and peppers of the genus Capsicum (other than sweet) from Dominican Republic in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 50 % of consignments entering the Union.
(5)
In relation to consignments of sweet peppers (Capsicum annuum), peppers of the genus Capsicum (other than sweet) and oranges from Egypt, a high rate 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 the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793.
It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 %.
(6)
In relation to consignments of sugar apple (Annona squamosa) from Egypt, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues.
It is therefore necessary to require an increased level of official controls on entries of that commodity from Egypt.
That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.
(7)
Groundnuts and products produced from groundnuts from The Gambia have been subjected to an increased level of official controls and to special conditions at their entry into the Union due to the risk of contamination by aflatoxins since January 2019.
Those commodities have not been imported into the Union for more than three years.
Therefore, the entry on groundnuts and products produced from groundnuts from The Gambia 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 50 % of consignments entering the Union.
Member States should continue to carry out official controls to ensure that after the lifting of the special conditions, when trade potentially restarts, those commodities introduced into the Union comply with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins.
(8)
In relation to consignments of drumsticks (Moringa oleifera) from India, a high rate 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 the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793.
It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 20 %.
(4) 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).