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Document 32023R1110

Commission Implementing Regulation (EU) 2023/1110 of 6 June 2023 amending Implementing Regulation (EU) 2019/1793 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 (Text with EEA relevance)

C/2023/3571

OJ L 147, 7.6.2023, p. 111–141 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg_impl/2023/1110/oj

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Official Journal

7.6.2023

Official Journal of the European Union

L 147/111

COMMISSION IMPLEMENTING REGULATION (EU) 2023/1110

of 6 June 2023

amending Implementing Regulation (EU) 2019/1793 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

(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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1), point (b)(ii), thereof,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2), and in particular Article 47(2), first subparagraph, point (b), and Article 54(4), first subparagraph, points (a) and (b), thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2019/1793 (3) lays down rules on the temporary increase of official controls at the entry into the Union on certain consignments of food and feed of non-animal origin from certain third countries listed in Annex I to that Implementing Regulation, and on the imposition of special conditions governing the entry into the Union of certain consignments of food and feed from certain third countries due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, microbiological contamination, Sudan dyes, Rhodamine B and plant toxins listed in Annex II to that Implementing Regulation.

(2)

Article 12 of Implementing Regulation (EU) 2019/1793 lays down the obligation of the Commission to review at regular intervals not exceeding six months the lists set out in the Annexes to that Implementing Regulation, in order to take into account new information related to risks to human health and non-compliance with Union legislation. Such new information includes the data resulting from notifications received through the Rapid Alert System for Food and Feed (‘RASFF’) established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks carried out by Member States and communicated to the Commission.

(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 %.

(9)

In relation to consignments of rice 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 10 %.

(10)

In relation to consignments of guava (Psidium guajava) 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 30 %.

(11)

Peppers of the genus Capsicum (sweet or other than sweet) from India 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 2016. The official controls carried out by the Member States show improvements 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 does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Commission Regulation (EC) No 1881/2006 (5). 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 on peppers of the genus Capsicum (sweet or other than sweet) from India 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 10 % of consignments entering the Union.

(12)

Locust beans (carob), locust beans seeds, not decorticated, crushed or ground, and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds, from India and guar gum from India 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 ethylene oxide since January 2022. The official controls carried out by the Member States show improvements 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 does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005. 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 entries on locust beans (carob), locust beans seeds, not decorticated, crushed or ground, and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds, from India and guar gum from India 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 20 % of consignments entering the Union.

(13)

Guar gum from India has been subjected to an increased level of official controls and to special conditions at its entry into the Union due to the risk of contamination by pentachlorophenol and dioxins since February 2015. The official controls carried out by the Member States show improvements 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 does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Union requirements. 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 on guar gum from India 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.

(14)

In relation to consignments of cumin seeds from India, 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 possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from India. 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.

(15)

Instant noodles containing spices/seasonings or sauces from South Korea 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 ethylene oxide since December 2021. The official controls carried out by the Member States show improvements 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 does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005. 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 on instant noodles containing spices/seasonings or sauces from South Korea 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 20 % of consignments entering the Union.

(16)

In relation to consignments of gotukola (Centella asiatica) and mukunuwenna (Alternanthera sessilis) from Sri Lanka, 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 50 %.

(17)

Locust beans (carob), locust beans seeds, not decorticated, crushed or ground, and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds, from Malaysia have been subjected to an increased level of official controls due to the risk of contamination by ethylene oxide since December 2021. Those commodities have not been imported into the Union for more than one year. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

(18)

In relation to consignments of green papaya (Carica papaya) from Mexico, 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 Mexico. 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.

(19)

Watermelon (Egusi, Citrullus spp.) seeds and derived products from Nigeria have been subjected to an increased level of official controls 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, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

(20)

Peppers of the genus Capsicum (other than sweet) from Pakistan 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 pesticide residues since January 2019. Those commodities have not been imported into the Union for more than three years. Therefore, the entry on peppers of the genus Capsicum (other than sweet) from Pakistan 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 20 % 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 pesticide residues.

(21)

Groundnuts and products produced from groundnuts from Senegal have been subjected to an increased level of official controls due to the risk of contamination by aflatoxins since July 2017. Those commodities have not been imported into the Union for more than three years. Therefore, their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

(22)

Groundnuts and products produced from groundnuts from Sudan 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 Sudan 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.

(23)

In relation to consignments of tahini and halva from Syria, 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 Salmonella. It is therefore necessary to require an increased level of official controls on entries of those commodities from Syria. Those commodities 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.

(24)

In relation to consignments of pomegranates from Türkiye, 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 %.

(25)

Locust beans (carob), locust beans seeds, not decorticated, crushed or ground, and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds, from Türkiye 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 ethylene oxide since December 2021. The official controls carried out by the Member States show improvements 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 does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005. 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 on locust beans (carob), locust beans seeds, not decorticated, crushed or ground, and mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds, from Türkiye 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 20 % of consignments entering the Union.

(26)

Dried apricots and apricots, otherwise prepared or preserved, from Uzbekistan have been subjected to an increased level of official controls due to the risk of contamination by sulphites since April 2015. The official controls carried out on those commodities by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for these commodities and their entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

(27)

Instant noodles containing spices/seasonings or sauces from Vietnam 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 ethylene oxide since December 2021. The official controls carried out by the Member States show improvements 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 does not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005. 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 on instant noodles containing spices/seasonings or sauces from Vietnam 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 20 % of consignments entering the Union.

(28)

In order to ensure efficient protection against potential health risks arising from a possible contamination of groundnuts by aflatoxins, in the entry for Bolivia, in the column referring to ‘food and feed (intended use)’, in the table in point 1 of Annex II to Implementing Regulation (EU) 2019/1793, the wording ‘including mixtures’ should be added in the row referring to ‘groundnuts (peanuts), otherwise prepared or preserved’. Equally, in the column referring to ‘CN code’, the CN codes for mixtures should be added.

(29)

In relation to consignments of groundnuts and products produced from groundnuts from Egypt, a high rate 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 the Member States in accordance with Articles 7 and 8 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 %.

(30)

In relation to the entry relating to Sesamum seeds from India, 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 Salmonella and ethylene oxide, the intended use was extended to ‘feed’ since October 2021. Since then, that commodity has not been imported into the Union for the intended use as ‘feed’. Therefore, an increased level of official controls and special conditions due to the risk of contamination by Salmonella in Sesamum seeds from India intended to be used as ‘feed’ are no longer justified and in the entry for India, in the column referring to ‘food and feed (intended use)’, in the table in point 1 of Annex II to Implementing Regulation (EU) 2019/1793, the wording should be adapted accordingly in the row referring to ‘food and feed’.

(31)

In relation to consignments of oranges from Türkiye, 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 7 and 8 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 %.

(32)

Unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer 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 cyanide since July 2019. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer. In particular, all consignments of unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Regulation (EC) No 1881/2006. The results of sampling and analyses should be attached to that certificate. Therefore, the entry of unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to point 1 of Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

(33)

Pistachios and derived products from Türkiye are listed in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 because of a possible contamination by aflatoxins with a frequency of identity and physical checks set at 50 % of consignments entering the Union. Pistachios and derived products from the United States were delisted from Implementing Regulation (EU) 2019/1793 by Commission Implementing Regulation (EU) 2021/1900 (6) as the results of official controls performed by the Member States indicated an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation as regards contamination by aflatoxins and no longer required an increased level of official controls. Nonetheless, data from RASFF notifications and information regarding official controls performed by the Member States in the second semester of 2022 indicate the emergence of new risks to human health requiring special import conditions, due to a possible contamination by aflatoxins of pistachios and derived products originating in the United States and dispatched to the Union from Türkiye.

(34)

In order to ensure protection against potential health risks arising from a possible contamination by the hazards referred to in Annex II to Implementing Regulation (EU) 2019/1793, a point 3 listing food and feed of non-animal origin dispatched to the Union from a third country other than the country of origin should be added in that Annex.

(35)

In light of the new information related to consignments of pistachios and derived products originating in the United States and dispatched to the Union from Türkiye, it is necessary to establish special conditions governing their entry into the Union. Therefore, pistachios and derived products originating in the United States and dispatched to the Union from Türkiye should be included in point 3 of Annex II to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 50 % of consignments entering the Union, and should be accompanied by an official certificate issued by the competent authorities of Türkiye stating that all the results of sampling show compliance with Regulation (EC) No 1881/2006.

(36)

In order to ensure legal certainty for the entry into the Union of consignments that have already been dispatched from the country of origin or from another third country if that country is different from the country of origin, when this Regulation enters into force, it is appropriate to provide for a transitional period for consignments of unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer and for consignments of pistachios and derived products originating in the United States and dispatched to the Union from Türkiye, which are not accompanied by the results of sampling and analyses and an official certificate. At the same time, public health protection is ensured for consignments of unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer and for consignments of pistachios and derived products originating in the United States and dispatched to the Union from Türkiye, since those commodities are subject to identity and physical checks at a frequency of 50 % of consignments entering the Union.

(37)	Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly. In order to ensure consistency and clarity, it is appropriate to replace Annexes I and II to Implementing Regulation (EU) 2019/1793 in their entirety by the text set out in the Annex to this Regulation.

(38)	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:

Article 1

Implementing Regulation (EU) 2019/1793 is amended as follows:

in Article 1(1), point (b) is replaced by the following:

‘(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, microbiological contamination, Sudan dyes, Rhodamine B and plant toxins, in accordance with Article 53(1), point (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 containing any of the food and feed listed in the table in point 1 of Annex II and falling within the CN codes and TARIC classifications laid down in that Annex;

(ii)

consignments of food consisting of two or more ingredients, containing any of the food listed in the table in point 1 of 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 the table in point 2 of that Annex;

(iii)

consignments of food and feed of non-animal origin dispatched to the Union from a third country other than the country of origin and containing any of the food and feed listed in the table in point 3 of Annex II;’;

Article 14 is replaced by the following:

‘Article 14

Transitional periods

1. Consignments of unprocessed apricot kernels from Türkiye intended to be placed on the market for the final consumer, which have been dispatched to the Union from Türkiye, or from another third country if that country is different from the country of origin, before the date of entry into force of Commission Implementing Regulation (EU) 2023/1110 (*1), may enter the Union until 27 August 2023 without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11.

2. Consignments of pistachios and derived products originating in the United States, which have been dispatched to the Union from Türkiye before the date of entry into force of Implementing Regulation (EU) 2023/1110, may enter the Union until 27 August 2023 without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11.

(*1) Commission Implementing Regulation (EU) 2023/1110 of 6 June 2023 amending Implementing Regulation (EU) 2019/1793 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 (OJ L 147, 7.6.2023, p. 111).’ "

3.	Annexes I and II are replaced by the text set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 6 June 2023.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 31, 1.2.2002, p. 1.

(2) OJ L 95, 7.4.2017, p. 1.

(3) 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 (OJ L 277, 29.10.2019, p. 89).

(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).

(5) 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).

(6) Commission Implementing Regulation (EU) 2021/1900 of 27 October 2021 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulation (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (OJ L 387, 3.11.2021, p. 78).

ANNEX

‘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

Row

Country of origin

Food and feed (intended use)

CN code (1)

TARIC sub-division

Hazard

Frequency of identity and physical checks (%)

—	Hazelnuts (Corylus sp.), in shell

0802 21 00

—	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

—	Hazelnut paste

ex 2007 10 10 ;

ex 2007 10 99 ;

ex 2007 99 39 ;

05; 06

ex 2007 99 50 ;

ex 2007 99 97

—	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 ;

Azerbaijan (AZ)

ex 2008 97 14 ;

Aflatoxins

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 ;

—	Flours, meals and powder of hazelnuts

ex 1106 30 90

—	Hazelnut oil

ex 1515 90 99

(Food)

—	Brazil nuts in shell

0801 21 00 ;

—	Mixtures of nuts or dried fruits containing Brazil nuts in shell

(Food)

ex 0813 50 31 ;

ex 0813 50 39 ;

Aflatoxins

ex 0813 50 91 ;

ex 0813 50 99

—	Groundnuts (peanuts), in shell

1202 41 00

—	Groundnuts (peanuts), shelled

1202 42 00

—	Peanut butter

2008 11 10

Brazil (BR)

—	Groundnuts (peanuts), otherwise prepared or preserved

2008 11 91 ;

Pesticide residues (3)

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

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Palm oil

1511 10 90

Côte d’Ivoire (CI)

(Food)

1511 90 11

Sudan dyes (14)

ex 1511 90 19

1511 90 99

—	Groundnuts (peanuts), in shell

1202 41 00

—	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

Aflatoxins

China (CN)

—	Groundnut flours and meals

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Sweet peppers (Capsicum

annuum)

(Food – crushed or ground)

ex 0904 22 00

Salmonella (4)

Tea, whether or not flavoured

(Food)

0902

Pesticide residues (3) (5)

Colombia (CO)

Granadilla and passion fruit (Passiflora ligularis and Passiflora edulis)

(Food)

ex 0810 90 20

Pesticide residues (3)

Dominican Republic (DO)

—	Sweet peppers (Capsicum annuum)

0709 60 10

Pesticide residues (3) (17)

0710 80 51

—	Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99

ex 0710 80 59

—	Sweet peppers (Capsicum annuum)

0709 60 10

0710 80 51

Pesticide residues (3) (6)

Egypt (EG)

—	Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99

ex 0710 80 59

Oranges

(Food – fresh or dried)

0805 10

Pesticide residues (3)

Sugar apple (Annona squamosa)

(Food – fresh or chilled)

ex 0810 90 75

Pesticide residues (3)

—	Hazelnuts (Corylus sp.), in shell

0802 21 00

—	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

—	Hazelnut paste

ex 2007 10 10 ;

ex 2007 10 99 ;

ex 2007 99 39 ;

05; 06

ex 2007 99 50 ;

ex 2007 99 97

—	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 ;

Georgia (GE)

ex 2008 97 14 ;

Aflatoxins

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 ;

—	Flours, meals and powder of hazelnuts

ex 1106 30 90

—	Hazelnut oil

ex 1515 90 99

(Food)

The Gambia (GM)

—	Groundnuts (peanuts), in shell

1202 41 00

—	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 ;

ex 2008 19 19 ;

Aflatoxins

ex 2008 19 92 ;

ex 2008 19 95 ;

ex 2008 19 99

—	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

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Israel (IL) (16)

Basil (Ocimum basilicum)

(Food)

ex 1211 90 86

Pesticide residues (3)

Mint (Mentha)

(Food)

ex 1211 90 86

Pesticide residues (3)

Betel leaves (Piper betle L.)

(Food)

ex 1404 90 00 (10)

Salmonella (4)

Okra

ex 0709 99 90 ;

Pesticide residues (3) (7) (13)

(Food – fresh, chilled or frozen)

ex 0710 80 95

Drumsticks (Moringa oleifera)

ex 0709 99 90

Pesticide residues (3)

(Food fresh, chilled or frozen)

ex 0710 80 95

Rice

(Food)

1006

Aflatoxins and

Ochratoxin A

Pesticide residues (3)

Yardlong beans

(Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)

(Food – fresh, chilled or frozen

vegetables)

ex 0708 20 00 ;

Pesticide residues (3)

ex 0710 22 00

Guava (Psidium guajava)

(Food)

ex 0804 50 00

Pesticide residues (3)

Nutmeg (Myristica fragrans)

(Food – dried spices)

0908 11 00 ;

0908 12 00

Aflatoxins

India (IN)

Peppers of the genus Capsicum

(sweet or other than sweet)

(Food – dried, roasted,

crushed or ground)

0904 21 10

Aflatoxins

ex 0904 22 00

11; 19

ex 0904 21 90

ex 2005 99 10

10; 90

ex 2005 99 80

—	Locust beans (carob)

1212 92 00

Pesticide residues (13)

—	Locust beans seeds, not decorticated, crushed or ground

1212 99 41

—	Mucilages and thickeners, whether or not modified, derived from locust beans or locust bean seeds

(Food and feed)

1302 32 10

Guar gum

(Food and feed)

ex 1302 32 90

Pesticide residues (13)

Pentachlorophenol and dioxins

—	Cumin seeds

0909 31 00

Pesticide residues (3)

—	Cumin seeds crushed or ground

(Food)

0909 32 00

Kenya (KE)

Beans (Vigna spp., Phaseolus spp.)

0708 20

Pesticide residues (3)

(Food – fresh or chilled)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (3)

ex 0710 80 59

South Korea (KR)

Food supplements containing botanicals (15)

(Food)

ex 1302

ex 2106

Pesticide residues (13)

Instant noodles containing spices/seasonings or sauces

(Food)

ex 1902 30 10

Pesticide residues (13)

Sri Lanka (LK)

Gotukola (Centella asiatica)

(Food)

ex 1211 90 86

Pesticide residues (3)

Mukunuwenna (Alternanthera sessilis)

(Food)

ex 0709 99 90

Pesticide residues (3)

Madagascar (MG)

Black eyed beans (Vigna unguiculata)

(Food)

0713 35 00

Pesticide residues (3)

Mexico (MX)

Green papaya (Carica papaya)

(Food – fresh and chilled)

0807 20 00

Pesticide residues (3)

Malaysia (MY)

Jackfruit (Artocarpus heterophyllus)

(Food – fresh)

ex 0810 90 20

Pesticide residues (3)

Spice mixes

(Food)

0910 91 10 ;

0910 91 90

Aflatoxins

Rice

(Food)

1006

Aflatoxins and

Ochratoxin A

Pakistan (PK)

Pesticide residues (3)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (3)

ex 0710 80 59

Rwanda (RW)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (3)

ex 0710 80 59

—	Groundnuts (peanuts), in shell

1202 41 00

—	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 ;

Sudan (SD)

2008 11 98 ;

Aflatoxins

ex 2008 19 12 ;

ex 2008 19 19 ;

ex 2008 19 92 ;

ex 2008 19 95 ;

ex 2008 19 99

—	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

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

ex 2007 10 99

( Food and feed )

ex 2007 99 39

07; 08

Syria (SY)

Tahini and halva from Sesamum seeds

(Food)

ex 1704 90 99

ex 1806 20 95

ex 1806 90 50

ex 1806 90 60

ex 2008 19 19

ex 2008 19 99

12; 92

13; 93

11; 91

Salmonella (2)

Thailand (TH)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (3) (8)

ex 0710 80 59

Lemons (Citrus limon, Citrus

limonum)

( Food – fresh, chilled or dried )

0805 50 10

Pesticide residues (3)

Grapefruits

(Food)

0805 40 00

Pesticide residues (3)

Pomegranates

(Food – fresh or chilled)

ex 0810 90 75

Pesticide residues (3) (9)

—	Sweet peppers (Capsicum annuum)

0709 60 10

0710 80 51

Pesticide residues (3) (10)

Türkiye (TR)

—	Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99

ex 0710 80 59

—	Cumin seeds

0909 31 00

Pyrrolizidine alkaloids

—	Cumin seeds crushed or ground

(Food)

0909 32 00

Dried oregano

(Food)

ex 1211 90 86

Pyrrolizidine alkaloids

Sesamum seeds

(Food)

1207 40 90

Salmonella (2)

ex 2008 19 19

ex 2008 19 99

—	Locust beans (carob)

1212 92 00

Pesticide residues (13)

—	Locust beans seeds, not decorticated, crushed or ground

1212 99 41

—	Mucilages and thickeners, whether or not modified, derived from locust beans or locust beans seeds

(Food and feed)

1302 32 10

Uganda (UG)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (3)

ex 0710 80 59

Pesticide residues (13)

—	Groundnuts (peanuts), in shell

1202 41 00

—	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

United States (US)

—	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

Aflatoxins

—	Groundnut flours and meals

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Vietnam (VN)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (3) (12)

ex 0710 80 59

Instant noodles containing spices/seasonings or sauces

(Food)

ex 1902 30 10

Pesticide residues (13)

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, microbiological contamination, Sudan dyes, Rhodamine B and plant toxins

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

Row

Country of origin

Food and feed (intended use)

CN code (18)

TARIC sub-division

Hazard

Frequency of identity and physical checks (%)

Bangladesh (BD)

Foodstuffs containing or consisting of betel leaves (Piper betle)

(Food)

ex 1404 90 00 (25)

Salmonella (22)

—	Groundnuts (peanuts), in shell

1202 41 00

—	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 ;

ex 2008 19 19 ;

Bolivia (BO)

ex 2008 19 92 ;

Aflatoxins

ex 2008 19 95 ;

ex 2008 19 99

—	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

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Brazil (BR)

Black pepper (Piper nigrum)

(Food – neither crushed nor

ground)

ex 0904 11 00

Salmonella (19)

China (CN)

Xanthan gum

(Food and feed)

ex 3913 90 00

Pesticide residues (26)

Aubergines (Solanum

melongena)

(Food – fresh or chilled)

0709 30 00

Pesticide residues (20)

Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata)

(Food – fresh, chilled or frozen)

ex 0708 20 00

Pesticide residues (20) (28)

Dominican

Republic (DO)

ex 0710 22 00

—	Groundnuts (peanuts), in shell

1202 41 00

—	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 ;

ex 2008 19 19 ;

Egypt (EG)

ex 2008 19 92 ;

Aflatoxins

ex 2008 19 95 ;

ex 2008 19 99

—	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

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

—	Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta

0904

Aflatoxins

Ethiopia (ET)

—	Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Sesamum seeds

(Food)

1207 40 90

Salmonella (22)

ex 2008 19 19

ex 2008 19 99

—	Groundnuts (peanuts), in shell

1202 41 00

—	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 ;

ex 2008 19 19 ;

Aflatoxins

ex 2008 19 92 ;

Ghana (GH)

ex 2008 19 95 ;

ex 2008 19 99

—	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

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Palm oil

1511 10 90

(Food)

1511 90 11

Sudan dyes (27)

ex 1511 90 19

1511 90 99

Indonesia (ID)

Nutmeg (Myristica fragrans)

(Food – dried spices)

0908 11 00 ;

0908 12 00

Aflatoxins

Curry leaves (Bergera/Murraya koenigii)

(Food – fresh, chilled, frozen or dried)

ex 1211 90 86

Pesticide residues (20) (29)

—	Groundnuts (peanuts), in shell

1202 41 00

—	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 ;

ex 2008 19 19 ;

Aflatoxins

ex 2008 19 92 ;

ex 2008 19 95 ;

ex 2008 19 99

—	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

India (IN)

—	Groundnut flours and meals

ex 1208 90 00

—	Groundnuts paste

ex 2007 10 10

( Food and feed )

ex 2007 10 99

ex 2007 99 39

07; 08

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex 0709 60 99 ;

Pesticide residues (20) (21)

ex 0710 80 59

Sesamum seeds

( Food )

1207 40 90

Salmonella (22)

ex 2008 19 19

ex 2008 19 99

Sesamum seeds

( Food and feed )

1207 40 90

Pesticide residues (26)

ex 2008 19 19

ex 2008 19 99

Mixtures of food additives containing locust bean gum or guar gum

(Food)

ex 2106 90 92

ex 2106 90 98

ex 3824 99 93

ex 3824 99 96

Pesticide residues (26)

Pepper of the genus Piper; dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta

(Food – dried spices)

0904

Pesticide residues (26)

Vanilla

(Food – dried spices)

0905

Pesticide residues (26)

Cinnamon and cinnamon-tree flowers

(Food – dried spices)

0906

Pesticide residues (26)

Cloves (whole fruit, cloves and stems)

(Food – dried spices)

0907

Pesticide residues (26)

Nutmeg, mace and cardamoms

(Food – dried spices)

0908

Pesticide residues (26)

Seeds of anise, badian, fennel, coriander, cumin or caraway, juniper berries

(Food – dried spices)

0909

Pesticide residues (26)

Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Pesticide residues (26)

Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flours and meals and prepared mustard

(Food)

2103

Pesticide residues (26)

Calcium carbonate

(Food and feed)

ex 2106 90 92

ex 2106 90 98

ex 2530 90 70

2836 50 00

Pesticide residues (26)

Food supplements containing botanicals (30)

(Food)

ex 1302

ex 2106

Pesticide residues (26)

—	Pistachios, in shell

0802 51 00

—	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

—	Pistachio paste

ex 2007 10 10 ;

ex 2007 10 99 ;

ex 2007 99 39 ;

03; 04

ex 2007 99 50 ;

ex 2007 99 97

Iran (IR)

—	Pistachios, prepared or preserved, including mixtures

ex 2008 19 13 ;

Aflatoxins

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

—	Flours, meals and powder of pistachios

ex 1106 30 90

(Food)

Lebanon (LB)

Turnips (Brassica rapa ssp. rapa)

(Food – prepared or preserved by vinegar or acetic acid)

ex 2001 90 97

11; 19

Rhodamine B (31)

Turnips (Brassica rapa ssp. rapa)

(Food – prepared or preserved by brine or citric acid, not frozen)

ex 2005 99 80

Rhodamine B (31)

Sri Lanka (LK)

Peppers of the genus Capsicum

(sweet or other than sweet)

(Food – dried, roasted, crushed or ground)

0904 21 10

Aflatoxins

ex 0904 21 90

ex 0904 22 00

11; 19

ex 2005 99 10

10; 90

ex 2005 99 80

Malaysia (MY)

Mixtures of food additives containing locust bean gum

(Food)

ex 2106 90 92

Pesticide residues (26)

ex 2106 90 98

ex 3824 99 93

ex 3824 99 96

Nigeria (NG)

Sesamum seeds

(Food)

1207 40 90

Salmonella (22)

ex 2008 19 19

ex 2008 19 99

Sesamum seeds

1207 40 90

Salmonella (22)

Sudan (SD)

(Food)

ex 2008 19 19

ex 2008 19 99

—	Dried figs

0804 20 90

—	Mixtures of nuts or dried fruits containing figs

ex 0813 50 99

—	Dried fig paste

ex 2007 10 10 ;

ex 2007 10 99 ;

ex 2007 99 39 ;

01; 02

ex 2007 99 50 ;

ex 2007 99 97

—	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 ;

Türkiye (TR)

ex 2008 97 51 ;

Aflatoxins

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

—	Flours, meals and powder of dried figs

ex 1106 30 90

(Food)

—	Pistachios, in shell

0802 51 00

—	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

—	Pistachio paste

ex 2007 10 10 ;

ex 2007 10 99 ;

ex 2007 99 39 ;

03; 04

ex 2007 99 50 ;

ex 2007 99 97

—	Pistachios, otherwise prepared or preserved, including mixtures

ex 2008 19 13 ;

Aflatoxins

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

—	Flours, meals and powder of pistachios

ex 1106 30 90

(Food)

Vine leaves

(Food)

ex 2008 99 99

11; 19

Pesticide residues (20) (23)

Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids

(Food – fresh or dried)

0805 21 ;

0805 22 00 ;

0805 29 00

Pesticide residues (20)

Oranges

(Food – fresh or dried)

0805 10

Pesticide residues (20)

Mixtures of food additives containing locust bean gum

(Food)

ex 2106 90 92

ex 2106 90 98

ex 3824 99 93

ex 3824 99 96

Pesticide residues (26)

Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (32) (33)

(Food)

ex 1212 99 95

Cyanide

Uganda (UG)

Sesamum seeds

(Food)

1207 40 90

Salmonella (22)

ex 2008 19 19

ex 2008 19 99

United States (US)

Vanilla extract

(Food)

1302 19 05

Pesticide residues (26)

Okra

(Food – fresh, chilled or frozen)

ex 0709 99 90 ;

Pesticide residues (20) (24)

Vietnam (VN)

ex 0710 80 95

Pitahaya (dragon fruit)

(Food – fresh or chilled)

ex 0810 90 20

Pesticide residues (20) (24)

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

Row	Food consisting of two or more ingredients, containing any of the individual products listed in the table in point 1 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 (34)	Description (35)
1	ex 1704 90	Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated
2	ex 1806	Chocolate and other food preparations containing cocoa
3	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

3. Food and feed of non-animal origin referred to in Article 1(1), point (b)(iii)

Row

Country of origin

Country from where consign-ments are dispatched to the Union

Food and feed (intended use)

CN code (36)

TARIC sub-division

Hazard

Frequency of identity and physical checks (%)

United States (US)

Türkiye (TR) (37)

—	Pistachios, in shell

0802 51 00

Aflatoxins

—	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

—	Pistachio paste

ex 2007 10 10 ;

ex 2007 10 99 ;

ex 2007 99 39 ;

03; 04

ex 2007 99 50 ;

ex 2007 99 97

—	Pistachios, otherwise 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

—	Flours, meals and powder of pistachios

ex 1106 30 90

(Food)

’

(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(a) of Annex III.

(3) 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).

(4) 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.

(5) Residues of Tolfenpyrad.

(6) 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.

(7) Residues of Diafenthiuron.

(8) Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine.

(9) Residues of Prochloraz.

(10) Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

(11) Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981.

(12) Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

(13) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). In case of food additives, the applicable maximum residue level (MRL) is 0,1 mg/kg (limit of quantification (LOQ)). Prohibition of use of Ethylene Oxide provided for in Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).

(14) 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 Sudan dyes, using a method of analysis with an LOQ, shall be lower than 0,5 mg/kg).

(15) Both finished products and raw materials containing any botanicals intended for the production of food supplements declared under CN codes mentioned in column ‘CN code’.

(16) Hereinafter understood as the State of Israel, excluding the territories under the administration of the State of Israel after 5 June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(17) Residues of Acephate.

(18) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

(19) 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.

(20) 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).

(21) Residues of Carbofuran.

(22) 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.

(23) Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Metrafenone.

(24) Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

(25) Foodstuffs containing or consisting of betel leaves (Piper betle) including, but not limited to, those declared under CN code 1404 90 00.

(26) Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide). In case of food additives, the applicable MRL is 0,1 mg/kg (LOQ). Prohibition of use of Ethylene Oxide provided for in Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1).

(27) 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 Sudan dyes, using a method of analysis with an LOQ, shall be lower than 0,5 mg/kg.

(28) Residues of Amitraz (amitraz including the metabolites containing the 2,4-dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p’ and o,p’ isomers) and Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram).

(29) Residues of Acephate.

(30) Both finished products and raw materials containing any botanicals intended for the production of food supplements declared under CN codes mentioned in column ‘CN code’.

(31) For purpose of this Annex, residues of Rhodamine B, using a method of analysis with an LOQ, shall be lower than 0,1 mg/kg.

(32) ‘Unprocessed products’ as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

(33) ‘Placing on the market’ and ‘final consumer’ as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(34) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

(35) 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 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(36) Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’.

(37) In accordance with Articles 10 and 11, consignments shall be accompanied by the results of sampling and analyses performed on those consignments and by the official certificate issued by the country from where consignments are dispatched to the Union.

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