# Commission Implementing Regulation (EU) 2019/35 of 8 January 2019 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance)

EU Regulation 2019/35 · adopted 8 January 2019

Commission Implementing Regulation (EU) 2019/35 of 8 January 2019 amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin (Text with EEA relevance)

## Introductory text

Commission Implementing Regulation (EU) 2019/35
of 8 January 2019
amending Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, and in particular Article 15(5) and 63(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 669/2009 lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at a designated point of entry (‘DPE’) into the territories referred to in Annex I to Regulation (EC) No 882/2004.
(2)
Pursuant to Regulation (EC) No 669/2009, Member States are required to submit to the Commission biannually a report on consignments of feed and food in the list, including details of each consignment, the number of consignments subjected to sampling for analysis and the results of the official controls carried out in accordance with Regulation (EC) No 669/2009. Certain Member States register the common entry documents issued by their respective competent authorities in accordance with Regulation (EC) No 669/2009 on a voluntary basis in the Trade Control and Expert System (TRACES) established by Commission Decisions 2003/24/EC and 2004/292/EC, thus providing the Commission with details of each consignment, the number of consignments subjected to sampling for analysis and the results of the checks provided for in Regulation (EC) No 669/2009. The reporting obligation should therefore be deemed to be satisfied where Member States register in TRACES the common entry documents issued in accordance with Regulation (EC) No 669/2009 during the reporting period set out in that Regulation.
(3)
Article 19(1) of Regulation (EC) No 669/2009 provides for a transitional period during which the minimum requirements for the DPEs may be progressively implemented and identity and physical checks may be carried out at control points other than DPEs. This transitional period was extended by Commission Implementing Regulation (EU) No 718/2014 until 14 August 2019, pending the outcome of the review of the provisions applicable to DPEs and to border controls in general. That review resulted in the adoption of Regulation (EU) 2017/625 of the European Parliament and of the Council, which is to apply from 14 December 2019. That Regulation provides that delegated acts are to be established concerning rules establishing the cases where and the conditions under which identity and physical checks on consignments of goods subject to a temporary increase of official controls may be performed by competent authorities at control points other than border control posts. Since those rules are to apply from 14 December 2019, it is appropriate to extend the transitional period until the day before that date.
(4)
Article 2 of Regulation (EC) No 669/2009 provides that the list in Annex I to that Regulation is to be reviewed on a regular basis, and at least biannually, taking into account the sources of information referred to in that Article.
(5)
The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council, information regarding official controls performed by Member States on feed and food of non-animal origin as well as the biannual reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009, indicate that the list should be amended.
(6)
In particular, for consignments of aubergines from the Dominican Republic, beans from Kenya and peppers (other than sweet) from Uganda, the relevant sources of information indicate the emergence of new risks to human health due to possible pesticide residues contamination, requiring the introduction of an increased level of official controls. In addition, for consignments of black pepper from Brazil, sweet peppers from China and sesamum seeds from Ethiopia, the relevant sources of information indicate the emergence of new risks to human health due to possible Salmonella contamination requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.
(7)
In addition, it is appropriate to delete the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entry in the list concerning pineapples from Benin should therefore be deleted.
(8)
Moreover, it is appropriate to increase the frequency of identity and physical checks on commodities for which the relevant sources of information indicate a degree of non-compliance with the relevant requirements provided for in Union legislation warranting an increased level of official controls. The entries in the list concerning sweet peppers and peppers (other than sweet) from Egypt, peppers (other than sweet) from India and Pakistan, peppers (sweet or other than sweet) from Sri Lanka and hazelnuts from Georgia should therefore be amended accordingly.
(9)
The scope of the entry concerning hazelnuts from Georgia should be amended to include forms of the product other than the ones currently listed, where those other forms present the same risk. It is therefore appropriate to amend the existing entry concerning hazelnuts from Georgia to include flour, meal and powder of hazelnuts and hazelnuts, otherwise prepared or preserved.
(10)
In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:

## 1 Amendments to Regulation (EC) No 669/2009

Regulation (EC) No 669/2009 is amended as follows:
(1) In Article 15, the following paragraph 4 is added:
‘4. The reporting obligations set out in paragraphs 1 and 2 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 this Regulation during the reporting period set out in paragraph 1.’
(2) In Article 19, paragraph 1 is replaced by the following:
‘1. Until 13 December 2019, where a designated point of entry is not equipped with the facilities required to carry out identity and physical checks as provided for in Article 8(1)(b), those checks may be carried out at another control point in the same Member State, authorised for that purpose by the competent authority, before goods are declared for release for free circulation, provided that such control point complies with the minimum requirements laid down in Article 4.’
(3) Annex I is replaced by the text set out in the Annex to this Regulation.

## 2 Entry into force and application

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

## Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 January 2019.
For the Commission
The President
Jean-Claude Juncker

## 

‘ANNEX I
Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry
Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists, the CN code is marked ‘ex’.
Reference method EN/ISO 6579-1 or a method validated against it in accordance with the most recent version of EN/ISO 16140 or other internationally accepted similar protocols.
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).
Residues of Amitraz.
Residues of Tolfenpyrad.
Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p′ and o,p′ isomers), Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb).
Residues of Dicofol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine.
For the purposes of this Annex, ‘Sudan dyes’ refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6).
Residues of Diafenthiuron.
Residues of Carbofuran.
Residues of Phenthoate.
Residues of Chlorbufam.
Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.
Identity and physical checks may be carried out by the competent authority of the place of destination as indicated in the CED, in accordance with Article 9(2) of this Regulation.
Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.
Residues of Prochloraz.
Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.
Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.
Feed and food(intended use)
CN code
TARIC sub-division
Country of origin
Hazard
Frequency of physical and identity checks (%)
—
Groundnuts (peanuts), in shell
—
1202 41 00
Bolivia (BO)
Aflatoxins
50
—
Groundnuts (peanuts), shelled
—
1202 42 00
—
Peanut butter
—
2008 11 10
—
Groundnuts (peanuts), otherwise prepared or preserved
(Feed and food)
—
2008 11 91;
2008 11 96;
2008 11 98
—
Black pepper (Piper)
(Food – neither crushed nor ground)
ex 0904 11 00
10
Brazil (BR)
Salmonella
20
Goji berries (wolfberries) (Lycium barbarum L.)
(Food — fresh, chilled or dried)
ex 0813 40 95;
ex 0810 90 75
10
10
China (CN)
Pesticide residues
10
Sweet peppers (Capsicum annuum)
(Food – crushed or ground)
ex 0904 22 00
11
China (CN)
Salmonella
20
Tea, whether or not flavoured
(Food)
0902
China (CN)
Pesticide residues
10
Aubergines
(Solanum melongena)
(Food – fresh or chilled)
0709 30 00
Dominican Republic (DO)
Pesticide residues
20
—
Sweet peppers (Capsicum annuum)
—
0709 60 10;
0710 80 51
Dominican Republic (DO)
Pesticide residues
20
—
Peppers (other than sweet) (Capsicum spp.)
—
ex 0709 60 99;
ex 0710 80 59
20
20
—
Yardlong beans
(Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)
(Food — fresh, chilled or frozen)
—
ex 0708 20 00;
ex 0710 22 00
10
10
—
Sweet peppers (Capsicum annuum)
—
0709 60 10;
0710 80 51
Egypt (EG)
Pesticide residues
20
—
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
—
ex 0709 60 99;
ex 0710 80 59
20
20
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Ethiopia (ET)
Salmonella
50
—
Hazelnuts, in shell
—
0802 21 00
Georgia (GE)
Aflatoxins
50
—
Hazelnuts, shelled
—
0802 22 00
—
Flour, meal and powder of hazelnuts
—
ex 1106 30 90
40
—
Hazelnuts, otherwise prepared or preserved
(Food)
—
ex 2008 19 19;
ex 2008 19 95;
ex 2008 19 99
30
20
30
Palm oil
(Food)
1511 10 90;
1511 90 11;
Ghana (GH)
Sudan dyes
50
ex 1511 90 19;
1511 90 99
90
—
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
(Feed and food)
—
2008 11 91;
2008 11 96;
2008 11 98
Okra
(Food – fresh, chilled or frozen)
ex 0709 99 90;
ex 0710 80 95
20
30
India (IN)
Pesticide residues
10
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex 0709 60 99;
ex 0710 80 59
20
20
India (IN)
Pesticide residues
20
Beans (Vigna spp., Phaseolus spp.)
(Food – fresh or chilled)
0708 20
Kenya (KE)
Pesticide residues
5
Chinese celery (Apium graveolens)
(Food — fresh or chilled herb)
ex 0709 40 00
20
Cambodia (KH)
Pesticide residues
50
Yardlong beans
(Vigna unguiculata spp. sesquipedalis, vigna unguiculata spp. unguiculata)
(Food — fresh, chilled or frozen vegetables)
ex 0708 20 00;
ex 0710 22 00
10
10
Cambodia (KH)
Pesticide residues
50
Turnips (Brassica rapa spp. Rapa)
(Food — prepared or preserved by vinegar or acetic acid)
ex 2001 90 97
11; 19
Lebanon (LB)
Rhodamine B
50
Peppers (sweet or other than sweet) (Capsicum spp.)
(Food — dried, roasted, crushed or ground)
ex 2008 99 99;
79
Sri Lanka (LK)
Aflatoxins
50
0904 21 10;
ex 0904 21 90;
ex 0904 22 00
20
11; 19
—
Groundnuts (peanuts), in shell
—
1202 41 00
Madagascar (MG)
Aflatoxins
50
—
Groundnuts (peanuts), shelled
—
1202 42 00
—
Peanut butter
—
2008 11 10
—
Groundnuts (peanuts), otherwise prepared or preserved
(Feed and food)
—
2008 11 91;
2008 11 96;
2008 11 98
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Nigeria (NG)
Salmonella
50
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex 0709 60 99;
ex 0710 80 59
20
20
Pakistan (PK)
Pesticide residues
20
Raspberries
(Food — frozen)
0811 20 31;
Serbia (RS)
Norovirus
10
ex 0811 20 11;
ex 0811 20 19
10
10
—
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
(Feed and food)
—
2008 11 91;
2008 11 96;
2008 11 98
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Sudan (SD)
Salmonella
50
Watermelon (Egusi, Citrullus spp.) seeds and derived products
(Food)
ex 1207 70 00;
ex 1106 30 90;
ex 2008 99 99
10
30
50
Sierra Leone (SL)
Aflatoxins
50
—
Groundnuts (peanuts), in shell
—
1202 41 00
Senegal (SN)
Aflatoxins
50
—
Groundnuts (peanuts), shelled
—
1202 42 00
—
Peanut butter
—
2008 11 10
—
Groundnuts (peanuts), otherwise prepared or preserved
(Feed and food)
—
2008 11 91;
2008 11 96;
2008 11 98
Turnips (Brassica rapa spp. Rapa)
(Food — prepared or preserved by vinegar or acetic acid)
ex 2001 90 97
11; 19
Syria (SY)
Rhodamine B
50
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex 0709 60 99;
ex 0710 80 59
20
20
Thailand (TH)
Pesticide residues
10
—
Dried apricots
—
0813 10 00
Turkey (TR)
Sulphites
20
—
Apricots, otherwise prepared or preserved
(Food)
—
2008 50 61
Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment)
(Food)
0806 20
Turkey (TR)
Ochratoxin A
5
Lemons (Citrus limon, Citrus limonum)
(Food – fresh, chilled or dried)
0805 50 10
Turkey (TR)
Pesticide residues
10
Pomegranates
(Food — fresh or chilled)
ex 0810 90 75
30
Turkey (TR)
Pesticide residues
10
Sweet Peppers (Capsicum annuum)
(Food — fresh, chilled or frozen)
0709 60 10;
0710 80 51
Turkey (TR)
Pesticide residues
10
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex 0709 60 99
ex 0710 80 59
20
20
Uganda (UG)
Pesticide residues
20
Sesamum seeds
(Food — fresh or chilled)
1207 40 90
Uganda (UG)
Salmonella
50
—
Pistachios, in shell
—
0802 51 00
United States (US)
Aflatoxins
10
—
Pistachios, shelled
—
0802 52 00
—
Pistachios, roasted
(Food)
—
ex 2008 19 13;
ex 2008 19 93
20
20
—
Dried apricots
—
0813 10 00
Uzbekistan (UZ)
Sulphites
50
—
Apricots, otherwise prepared or preserved
(Food)
—
2008 50 61
—
Coriander leaves
—
ex 0709 99 90
72
Vietnam (VN)
Pesticide residues
50
—
Basil (holy, sweet)
—
ex 1211 90 86
20
—
Mint
—
ex 1211 90 86
30
—
Parsley
(Food — fresh or chilled herbs)
—
ex 0709 99 90
40
Okra
(Food – fresh, chilled or frozen)
ex 0709 99 90
ex 0710 80 95
20
30
Vietnam (VN)
Pesticide residues
50
Peppers (other than sweet) (Capsicum spp.)
(Food — fresh, chilled or frozen)
ex 0709 60 99;
ex 0710 80 59
20
20
Vietnam (VN)
Pesticide residues
50
’

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Source: https://www.legislation.gov.uk/eur/2019/35 (the official version)
Page: https://openlegislation.uk/eu-regulation-2019-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.