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Document 02009R0669-20191017

Consolidated text: Commission Regulation (EC) No 669/2009 of 24 July 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 and amending Decision 2006/504/EC (Text with EEA relevance)Text with EEA relevance

ELI: http://data.europa.eu/eli/reg/2009/669/2019-10-17

02009R0669 — EN — 17.10.2019 — 038.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

COMMISSION REGULATION (EC) No 669/2009

of 24 July 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 and amending Decision 2006/504/EC

(Text with EEA relevance)

(OJ L 194 25.7.2009, p. 11)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION REGULATION (EU) No 212/2010 of 12 March 2010

  L 65

16

13.3.2010

 M2

COMMISSION REGULATION (EU) No 878/2010 of 6 October 2010

  L 264

1

7.10.2010

 M3

COMMISSION REGULATION (EU) No 1099/2010 of 26 November 2010

  L 312

9

27.11.2010

 M4

COMMISSION REGULATION (EU) No 187/2011 of 25 February 2011

  L 53

45

26.2.2011

 M5

COMMISSION IMPLEMENTING REGULATION (EU) No 433/2011 of 4 May 2011

  L 115

5

5.5.2011

 M6

COMMISSION IMPLEMENTING REGULATION (EU) No 799/2011 of 9 August 2011

  L 205

15

10.8.2011

 M7

COMMISSION IMPLEMENTING REGULATION (EU) No 1277/2011 of 8 December 2011

  L 327

42

9.12.2011

 M8

COMMISSION IMPLEMENTING REGULATION (EU) No 294/2012 of 3 April 2012

  L 98

7

4.4.2012

 M9

COMMISSION IMPLEMENTING REGULATION (EU) No 514/2012 of 18 June 2012

  L 158

2

19.6.2012

 M10

COMMISSION IMPLEMENTING REGULATION (EU) No 889/2012 of 27 September 2012

  L 263

26

28.9.2012

 M11

COMMISSION IMPLEMENTING REGULATION (EU) No 1235/2012 of 19 December 2012

  L 350

44

20.12.2012

 M12

COMMISSION IMPLEMENTING REGULATION (EU) No 91/2013 of 31 January 2013

  L 33

2

2.2.2013

 M13

COMMISSION IMPLEMENTING REGULATION (EU) No 270/2013 of 21 March 2013

  L 82

47

22.3.2013

 M14

COMMISSION IMPLEMENTING REGULATION (EU) No 618/2013 of 26 June 2013

  L 175

34

27.6.2013

 M15

COMMISSION IMPLEMENTING REGULATION (EU) No 925/2013 of 25 September 2013

  L 254

12

26.9.2013

 M16

COMMISSION IMPLEMENTING REGULATION (EU) No 1355/2013 of 17 December 2013

  L 341

35

18.12.2013

►M17

COMMISSION IMPLEMENTING REGULATION (EU) No 323/2014 of 28 March 2014

  L 95

12

29.3.2014

 M18

COMMISSION IMPLEMENTING REGULATION (EU) No 718/2014 of 27 June 2014

  L 190

55

28.6.2014

 M19

COMMISSION IMPLEMENTING REGULATION (EU) No 1021/2014 of 26 September 2014

  L 283

32

27.9.2014

 M20

COMMISSION IMPLEMENTING REGULATION (EU) No 1295/2014 of 4 December 2014

  L 349

33

5.12.2014

 M21

COMMISSION IMPLEMENTING REGULATION (EU) 2015/525 of 27 March 2015

  L 84

23

28.3.2015

 M22

COMMISSION IMPLEMENTING REGULATION (EU) 2015/943 of 18 June 2015

  L 154

8

19.6.2015

 M23

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1012 of 23 June 2015

  L 162

26

27.6.2015

 M24

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1607 of 24 September 2015

  L 249

7

25.9.2015

 M25

COMMISSION IMPLEMENTING REGULATION (EU) 2015/2383 of 17 December 2015

  L 332

57

18.12.2015

 M26

COMMISSION IMPLEMENTING REGULATION (EU) 2016/24 of 8 January 2016

  L 8

1

13.1.2016

 M27

COMMISSION IMPLEMENTING REGULATION (EU) 2016/166 of 8 February 2016

  L 32

143

9.2.2016

 M28

COMMISSION IMPLEMENTING REGULATION (EU) 2016/443 of 23 March 2016

  L 78

51

24.3.2016

►M29

COMMISSION IMPLEMENTING REGULATION (EU) 2016/1024 of 24 June 2016

  L 168

1

25.6.2016

 M30

COMMISSION IMPLEMENTING REGULATION (EU) 2016/2107 of 1 December 2016

  L 327

50

2.12.2016

 M31

COMMISSION IMPLEMENTING REGULATION (EU) 2017/186 of 2 February 2017

  L 29

24

3.2.2017

 M32

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1142 of 27 June 2017

  L 165

29

28.6.2017

►M33

COMMISSION IMPLEMENTING REGULATION (EU) 2017/2298 of 12 December 2017

  L 329

26

13.12.2017

►M34

COMMISSION IMPLEMENTING REGULATION (EU) 2018/941 of 2 July 2018

  L 166

7

3.7.2018

 M35

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1660 of 7 November 2018

  L 278

7

8.11.2018

►M36

COMMISSION IMPLEMENTING REGULATION (EU) 2019/35 of 8 January 2019

  L 9

77

11.1.2019

 M37

COMMISSION IMPLEMENTING REGULATION (EU) 2019/890 of 27 May 2019

  L 142

48

29.5.2019

►M38

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1249 of 22 July 2019

  L 195

5

23.7.2019

►M39

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1714 of 30 September 2019

  L 261

1

14.10.2019




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COMMISSION REGULATION (EC) No 669/2009

of 24 July 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 and amending Decision 2006/504/EC

(Text with EEA relevance)



Article 1

Subject matter

This Regulation lays down rules concerning the increased level of official controls to be carried out pursuant to Article 15(5) of Regulation (EC) No 882/2004 at the points of entry into the territories referred to Annex I thereto, on imports of the feed and food of non-animal origin listed in Annex I to this Regulation.

Article 2

Updates to Annex I

In order to set up and regularly amend the list in Annex I, at least the following sources of information shall be taken into account:

(a) data resulting from notifications received through the RASFF;

(b) reports and information resulting from the activities of the Food and Veterinary Office;

(c) reports and information received from third countries;

(d) information exchanged between the Commission and Member States, and the European Food Safety Authority;

(e) scientific assessments, where appropriate.

▼M29

The list in Annex I shall be reviewed on a regular basis, and at least biannually.

▼B

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

▼M39

(a) ‘common entry document (CED)’ means the document to be completed by the feed and food business operator or its representative as provided for in Article 6, models of which are set out in Annex II and in Part 2 of Annex III, and by the competent authority confirming completion of official controls;

▼B

(b) ‘designated point of entry (DPE)’ means the point of entry provided for in the first indent of Article 17(1) of Regulation (EC) No 882/2004, into one of the territories referred to in Annex I thereto; ►M34  in the case of consignments entering the Union by sea or by air transport from a third country, which are unloaded for the purposes of being loaded on respectively another vessel or aircraft in the same port or airport for onward travel to another port or airport in one of the territories referred to in Annex I to Regulation (EC) No 882/2004, the designated point of entry shall be the latter port or airport; ◄

(c) ‘consignment’ means a quantity of any of the feed or food of non-animal origin listed in Annex I to this Regulation of the same class or description, covered by the same document(s), conveyed by the same means of transport and coming from the same third country or part of such country.

Article 4

Minimum requirements for designated points of entry

Without prejudice to Article 19, the designated points of entry shall have at least the following available:

(a) a sufficient number of suitably qualified and experienced staff to perform the prescribed checks on consignments;

(b) appropriate facilities for the competent authority to undertake the necessary checks;

(c) detailed instructions regarding sampling for analysis and the sending of such samples for analysis to a laboratory designated pursuant to Article 12(1) of Regulation (EC) No 882/2004 (the designated laboratory);

(d) facilities to store consignments (and containerised consignment) in appropriate conditions during the period of detention, where appropriate, awaiting the results of the analysis referred to in point (c), and a sufficient number of storage rooms, including cold stores, in cases where a controlled temperature is required due to the nature of the consignment;

(e) unloading equipment and appropriate equipment for carrying out sampling for analysis;

(f) the possibility to perform the unloading and the sampling for analysis in a sheltered place, where appropriate;

(g) a designated laboratory which can perform the analysis referred to in point (c), situated at a place to which the samples can be transported within a short period of time.

Article 5

List of designated points of entry

The Member States shall maintain and make publicly available on the Internet for each of the products listed in Annex I an up-to-date list of the designated points of entry. The Member States shall communicate the Internet addresses of these lists to the Commission.

The Commission shall display the national links to those lists on the Commission’s website, for information purposes.

Article 6

Prior notification of consignments

Feed and food business operators or their representatives shall give adequate prior notification of the estimated date and time of physical arrival of the consignment at the designated point of entry and of the nature of the consignment.

For that purpose, they shall complete Part I of the common entry document and transmit that document to the competent authority at the designated point of entry, at least one working day prior to the physical arrival of the consignment.

Article 7

Language of common entry documents

Common entry documents shall be drawn up in the official language, or in one of the official languages, of the Member State where the designated point of entry is located.

However, a Member State may consent to common entry documents being drawn up in another official language of the Community.

▼M39

Article 7a

Requirements for completing an electronic CVED

1.  Where an electronic CED is used, it shall be completed in the TRACES system and meet all of the following requirements:

(a) it complies with the model set out in Part 2 of Annex III;

(b) it is signed with the electronic signature of the operator responsible for the consignment;

(c) it is signed with the advanced or qualified electronic signature of the official inspector at:

(i) either the designated point of entry; or

(ii) the designated point of import; or

(iii) the control point, during the transitional period provided for in Article 19(1);

(d) it bears the advanced or qualified electronic seal of the issuing competent authority to which the official inspector belongs;

(e) it is sealed by the TRACES System with an advanced or qualified electronic seal.

2.  Each of the operations referred to in paragraph 1 shall be timestamped with a qualified electronic time stamp.

▼B

Article 8

Increased level of official controls at designated points of entry

1.  The competent authority at the designated point of entry shall carry out without undue delay:

(a) documentary checks on all consignments within 2 working days from the time of arrival at the DPE, unless exceptional and unavoidable circumstances arise;

(b) identity and physical checks, including laboratory analysis, at the frequencies set out in Annex I, and in such a way that it is not possible for feed and food business operators or their representatives to predict whether any particular consignment will be subjected to such checks; the results of physical checks must be available as soon as technically possible.

2.  After completion of the checks provided for in paragraph 1, the competent authority shall:

(a) complete the relevant part of Part II of the common entry document; and the responsible official of the competent authority shall stamp and sign the original of that document;

(b) make and retain a copy of the signed and stamped common entry document.

The original of the common entry document shall accompany the consignment on its onward transport until it reaches its destination as indicated in the CED.

The competent authority at the DPE may authorise onward transportation of the consignment pending the results of the physical checks. Where authorisation is given, the competent authority at the DPE shall notify the competent authority at the point of destination and appropriate arrangements shall be put in place to ensure that the consignment remains under the continuous control of the competent authorities and cannot be tampered with in any manner pending the results of the physical checks.

In cases where the consignment is transported pending the availability of results from the physical checks, a certified copy of the original CED shall be issued for that purpose.

Article 9

Special circumstances

1.  On request of the Member State concerned, the Commission may authorise the competent authorities of certain designated points of entry operating under specific geographical constraints to carry out physical checks at the premises of a feed and food business operator, provided that the following conditions are met:

(a) the efficiency of controls carried out at the DPE is not adversely affected;

(b) the premises fulfil the requirements indicated in Article 4, as relevant, and are approved for that purpose by the Member State;

(c) appropriate arrangements are in place to guarantee that the consignment remains under the continuous control of the competent authorities of the DPE as from the moment of its arrival at the DPE and cannot be tampered with in any manner throughout all checks.

▼M33

2.  By way of derogation from Article 8(1), under exceptional circumstances, the Commission may provide in respect of a product listed in Annex I, that identity and physical checks on consignments of such products can be carried out by the competent authority of the place of destination as indicated in the CED, if appropriate at the premises of the feed and food business operator if the conditions laid down in paragraph 1 (b) and (c) are satisfied, provided that the following conditions are met:

(a) the highly perishable nature of the product or the specific characteristics of the packaging are such that the performance of sampling operations at the DPE would inevitably result in a serious risk to food safety or in the product being damaged to an unacceptable extent;

(b) appropriate cooperation arrangements are put in place by the competent authorities at the DPE and the competent authorities performing the physical checks to ensure that:

(i) the consignment cannot be tampered with in any manner throughout all checks;

(ii) the reporting requirements laid down in Article 15 are fully met.

▼B

Article 10

Release for free circulation

The release for free circulation of consignments shall be subject to the presentation by the feed and food business operator or their representative to the custom authorities of a common entry document or its electronic equivalent duly completed by the competent authority once all controls required in accordance with Article 8(1) have been carried out and favourable results from physical checks, where such checks are required, are known.

Article 11

Obligations of feed and food business operators

In cases where the special characteristics of the consignment so warrant, feed and food business operator or their representative shall make available to the competent authority:

(a) sufficient human resources and logistics to unload the consignment, in order that the official controls may take place;

(b) the appropriate equipment for sampling for analysis as regards special transport and/or specific packaging forms, insofar as such sampling cannot be representatively performed with standard sampling equipment.

Article 12

Splitting of consignments

Consignments shall not be split until the increased level of official controls has been completed, and the common entry document has been completed by the competent authority as provided for in Article 8.

In the case of subsequent splitting of the consignment, an authenticated copy of the common entry document shall accompany each part of the consignment until it is released for free circulation.

▼M34

Article 13

Non-compliance

1.  If the official controls establish non-compliance, the responsible official of the competent authority shall complete Part III of the common entry document and action shall be taken pursuant to Articles 19, 20 and 21 of Regulation (EC) No 882/2004.

2.  Where the competent authority at the designated point of entry does not permit the introduction of a consignment of feed and food listed in Annex I due to non-compliance with a maximum residue level set out in Regulation (EC) No 396/2005, it shall immediately notify such border rejection in accordance with Article 19(3) of Regulation (EC) No 882/2004.

▼B

Article 14

Fees

1.  Member States shall ensure the collection of fees occasioned by the increased level of official controls provided for in this Regulation in accordance with Article 27(4) of Regulation (EC) No 882/2004, and the criteria laid down in Annex VI to Regulation (EC) No 882/2004.

2.  Feed and food business operators responsible for the consignment or their representatives shall pay the fees referred to in paragraph 1.

Article 15

Reporting to the Commission

1.  Member States shall submit to the Commission a report on consignments, for the purposes of a continuous assessment of the feed and food of non-animal origin listed in Annex I.

▼M29

They shall submit that report biannually by the end of the month following each semester.

▼B

2.  The report shall include the following information:

(a) details of each consignment, including:

(i) the size in terms of net weight of the consignment;

(ii) the country of origin of each consignment;

(b) the number of consignments subjected to sampling for analysis;

(c) the results of the checks as provided for in Article 8(1);

3.  The Commission shall compile the reports received pursuant to paragraph 2 and make them available to the Member States.

▼M36

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.

▼B

Article 16

Amendment to Decision 2006/504/EC

Decision 2006/504/EC is amended as follows:

1. in Article 1, point (a) (iii), (iv) and (v) are deleted,

2. in Article 5, paragraph 2 (a) is replaced by the following:

‘(a) each consignment of foodstuffs from Brazil’,

3. in Article 7, paragraph 3 is deleted.

Article 17

Repeal of Decision 2005/402/EC

Commission Decision 2005/402/EC is repealed.

Article 18

Applicability

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 25 January 2010.

▼M1

Article 19

Transitional measures

▼M36

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.

▼M1

2.  Member States shall make publicly available, by electronic publication on their website, a list of the control points authorised in accordance with paragraph 1.

▼B

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

▼M38




ANNEX I

Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry



Feed and food

(intended use)

CN code (1)

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 (2)

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 (3) (4) (5)

20

Sweet peppers (Capsicum annuum)

(Food – crushed or ground)

ex 0904 22 00

11

China (CN)

Salmonella (2)

20

Tea, whether or not flavoured

(Food)

0902

 

China (CN)

Pesticide residues (3) (6)

20

Aubergines (Solanum melongena)

(Food – fresh or chilled)

0709 30 00

 

Dominican Republic (DO)

Pesticide residues (3)

20

—  Sweet peppers (Capsicum annuum)

—  0709 60 10 ;

0710 80 51

 

Dominican Republic (DO)

Pesticide residues (3) (7)

50

—  Peppers (other than sweet) (Capsicum spp.)

—  ex 0709 60 99 ;

ex 0710 80 59

20

20

—  Yardlong beans

(Vigna unguiculata ssp. sesquipedalis, vigna unguiculata ssp. 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 (3) (8)

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 (2)

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 (9)

50

ex 1511 90 19 ;

90

1511 90 99

 

Okra

(Food – fresh, chilled or frozen)

ex 0709 99 90 ;

ex 0710 80 95

20

30

India (IN)

Pesticide residues (3) (10)

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 (3) (11)

20

Beans (Vigna spp., Phaseolus spp.)

(Food – fresh or chilled)

0708 20

 

Kenya (KE)

Pesticide residues (3)

5

Chinese celery (Apium graveolens)

(Food - fresh or chilled herb)

ex 0709 40 00

20

Cambodia (KH)

Pesticide residues (3) (12)

50

Yardlong beans

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

(Food - fresh, chilled or frozen vegetables)

ex 0708 20 00 ;

ex 0710 22 00

10

10

Cambodia (KH)

Pesticide residues (3) (13)

50

Turnips (Brassica rapa ssp. rapa)

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

ex 2001 90 97 ;

11 ; 19

Lebanon (LB)

Rhodamine B

50

Turnips (Brassica rapa ssp. rapa)

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

ex 2005 99 80

93

Lebanon (LB)

Rhodamine B

50

Peppers (sweet or other than sweet) (Capsicum spp.)

(Food - dried, roasted, crushed or ground)

0904 21 10 ;

 

Sri Lanka (LK)

Aflatoxins

50

ex 0904 21 90 ;

20

ex 0904 22 00 ;

11 ; 19

ex 2008 99 99

79

—  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

Jackfruit (Artocarpus heterophyllus)

(Food – fresh)

ex 0810 90 20

20

Malaysia (MY)

Pesticide residues (3)

20

Sesamum seeds

(Food - fresh or chilled)

1207 40 90

 

Nigeria (NG)

Salmonella (2)

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 (3)

20

Raspberries

(Food - frozen)

ex 0811 20 11 ;

ex 0811 20 19 ;

0811 20 31

10

10

Serbia (RS)

Norovirus

10

Sesamum seeds

(Food - fresh or chilled)

1207 40 90

 

Sudan (SD)

Salmonella (2)

50

Watermelon (Egusi, Citrullus spp.) seeds and derived products

(Food)

ex 1207 70 00 ;

ex 1208 90 00 ;

ex 2008 99 99

10

10

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 ssp. rapa)

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

ex 2001 90 97 ;

11 ; 19

Syria (SY)

Rhodamine B

50

Turnips (Brassica rapa spp. rapa)

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

ex 2005 99 80

93

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 (3) (14)

10

—  Dried apricots

—  0813 10 00

 

Turkey (TR)

Sulphites (16)

10

—  Apricots, otherwise prepared or preserved (15)

(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 (3)

10

Pomegranates

(Food - fresh or chilled)

ex 0810 90 75

30

Turkey (TR)

Pesticide residues (3) (17)

10

Sweet Peppers (Capsicum annuum)

(Food - fresh, chilled or frozen)

0709 60 10 ;

0710 80 51

 

Turkey (TR)

Pesticide residues (3) (18)

10

Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (19) (20)

(Food)

ex 1212 99 95

20

Turkey (TR)

Cyanide

50

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 (3)

20

Sesamum seeds

(Food - fresh or chilled)

1207 40 90

 

Uganda (UG)

Salmonella (2)

50

—  Groundnuts (peanuts), in shell

—  1202 41 00

 

United States (US)

Aflatoxins

10

—  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

—  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 (16)

50

—  Apricots, otherwise prepared or preserved (15)

(Food)

—  2008 50 61

—  Coriander leaves

—  ex 0709 99 90

72

Vietnam (VN)

Pesticide residues (3) (21)

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 (3) (21)

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 (3) (21)

50

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

(2)   Reference method EN ISO 6579-1 or a method validated against it in accordance with the protocol set out in EN ISO 16140-2.

(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)   Residues of Amitraz.

(5)   Residues of Nicotine.

(6)   Residues of Tolfenpyrad.

(7)   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).

(8)   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.

(9)   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).

(10)   Residues of Diafenthiuron.

(11)   Residues of Carbofuran.

(12)   Residues of Phenthoate.

(13)   Residues of Chlorbufam.

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

(15)   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.

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

(17)   Residues of Prochloraz.

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

(19)   ‘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).

(20)   ‘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).

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

▼M17




ANNEX II

COMMON ENTRY DOCUMENT (CED)

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Notes for guidance for the CED

General: Complete the common entry document in capital letters. Notes are shown against the relevant box number.

Part I    This Part is to be completed by the feed and food business operator or their representative, unless otherwise indicated.

Box I.1. Consignor: name and full address of the natural or legal person (feed and food business operator) dispatching the consignment. Information concerning telephone and fax numbers or an e-mail address is recommended.

Box I.2. Information related to the CED reference number shall be provided by the competent authority of the designated point of entry (DPE). The feed and food business operator shall indicate the designated point of entry to which the consignment shall arrive.

Box I.3. Consignee: name and full address of the natural or legal person (feed and food business operator) to whom the consignment is destined. Information on telephone and fax numbers or an e-mail address is recommended.

Box I.4. The person responsible for the consignment: the person (feed and food business operator or their representative or the person making the declaration on their behalf) who is in charge of the consignment when it is presented at the DPE and who makes the necessary declarations to the competent authority at the DPE on behalf of the importer. Insert the name and full address. Information on telephone and fax numbers or an e- mail address is recommended.

Box I.5. Country of origin: this refers to the third country where the commodity is originating from, grown, harvested or produced.

Box I.6. Country from where consigned: this refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union.

Box I.7. Importer: name and full address. Information on telephone and fax numbers or an e-mail address is recommended.

Box I.8. Place of destination: delivery address in the Union. Information on telephone and fax numbers or an e-mail address is recommended.

Box I.9. Arrival at DPE: insert the estimated date on which the consignment is expected to arrive at the DPE.

Box I.10. Documents: insert the date of issue and the number of official documents accompanying the consignment, as appropriate.

Box I.11. Give full details of the means of arrival transport: for aircrafts the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railway vehicles the train identity and wagon number.

Documentary references: number of airway bill, bill of lading or commercial number for railway or road vehicle.

Box I.12. Description of the commodity: provide a detailed description of the commodity (including for feed the type of feed).

Box I.13. Commodity code: use the code identifying the commodity as listed in Annex I (including the TARIC sub-division, if applicable).

Box I.14. Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.

Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.

Box I.15. Number of packages.

Box I.16. Temperature: tick the appropriate mode of transport/storage temperature.

Box I.17. Type of packages: identify the type of packaging of products.

Box I.18. Commodity intended for: tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick ‘human consumption’) or is intended for human consumption after such treatment (tick ‘further process’ in this case), or is intended for use as ‘feedingstuff’ (in this case tick ‘feedingstuffs’).

Box I.19. Give all seal and container identification numbers where relevant.

Box I.20. Transfer to a control point: During the transitional period provided for in Article 19(1), the DPE shall tick this box to allow transfer to another control point.

Box I.21. Not applicable.

Box I.22. For import: this box is to be ticked where the consignment is intended for importation into the Union (Article 8).

Box I.23. Not applicable.

Box I.24. Tick the appropriate means of transport.

Part II    This Part is to be completed by the competent authority.

Box II.1. Use the same reference number as in Box I.2.

Box II.2. For use by customs services, if necessary.

Box II.3. Documentary check: to be completed for all consignments.

Box II.4. The competent authority of the DPE shall indicate whether the consignment is selected for physical checks, which during the transitional period provided for in Article 19(1) may be carried out at a different control point.

Box II.5. The competent authority of the DPE shall indicate, during the transitional period provided for in Article 19(1), following a satisfactory documentary check, to which control point the consignment may be transported in order for identity and physical checks to be carried out.

The competent authority of the DPE shall also indicate if the consignment is authorised for the onward transportation provided for in Article 8. Onward transportation can only be authorised if the identity checks have been carried out at the DPE and if their result is satisfactory. Box II.11 shall therefore be filled in at the same time as onward transportation is authorised, while Box II.12 shall be filled in once the results of laboratory tests are available.

Box II.6. Indicate clearly the action to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the documentary checks. The address of the establishment of destination in case of ‘Re-dispatching’, ‘Destruction’, ‘Transformation’ and ‘Use for other purpose’ must be entered in Box II.7.

Box II.7. Give as appropriate approval number and address (or ship name and port) for all destinations where further control of the consignment is required, for example for Box II.6, ‘Re- dispatching’, ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’.

Box II.8. Put the official stamp of the competent authority of the DPE here.

Box II.9. Signature of the responsible official of the competent authority of the DPE.

Box II.10. Not applicable.

Box II.11. The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the identity checks here.

Box II.12. The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the physical checks here.

Box II.13. The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the laboratory test here. Complete this box with the category of substance or pathogen for which a laboratory test has been carried out.

Box II.14. This box is to be used for all consignments to be released for free circulation within the Union.

Box II.15. Not applicable.

Box II.16. Indicate clearly the action to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the identity or physical checks. The address of the establishment of destination in case of ‘Re-dispatching’, ‘Destruction’, ‘Transformation’ and ‘Use for other purpose’ must be entered in Box II.18.

Box II.17. Reasons for refusal: use, as appropriate, to add relevant information. Tick the appropriate box.

Box II.18. Give, as appropriate, the approval number and address (or ship name and port) for all destinations where further control of the consignment is required, for example, for Box II.16, ‘Re-dispatching’, ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’.

Box II.19. Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept.

Box II.20. Put the official stamp of the competent authority of the DPE here or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.

Box II.21. Signature of the responsible official of the competent authority of the DPE or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.

Part III    This Part is to be completed by the competent authority.

Box III.1. Details on re-dispatching: the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the means of transport used, its identification details, the country of destination and the date of re- dispatching, as soon as they are known.

Box III.2. Follow-up: indicate the Local Competent Authority Unit responsible, as appropriate, for the supervision in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’ of the consignment. That authority shall report the result of the arrival of the consignment and the correspondence of the consignment in this box.

Box III.3. Signature of the responsible official for the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the responsible official for the control point, in case of ‘Re-dispatching’. Signature of the responsible official for the local competent authority in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’.

▼M39




ANNEX III

PART 1

Notes for guidance for the common entry document — model 2 (CED2)

GENERAL

Part I is to be completed by the feed and food business operator or their representative, unless otherwise indicated.

Parts II and III are to be completed by the competent authority.

The entries specified in this Part constitute the data dictionaries for the electronic version of the CED2.

Paper copies of an electronic CED2 must bear a unique machine-readable optical label which hyperlinks to the electronic version.

Where a box allows you to select one or more options, only the option(s) you select will be displayed in the electronic version of the CED2.

Where a box is not compulsory, its contents will appear as strike-through text.

The sequences of boxes in the model of CED2, the size and shape of those boxes are indicative.

Where a stamp is required, its electronic equivalent is an electronic seal.



PART I – DESCRIPTION OF CONSIGNMENT

Box

Description

I.1.

Consignor/Exporter

 

Indicate the name and full address of the natural or legal person (feed and food business operator) dispatching the consignment. Information concerning telephone and fax numbers or an email address is recommended.

I.2

CED reference

 

This is the unique alpha-numeric code assigned by TRACES (repeated in boxes II.2 and III.2).

I.3

Local reference

 

Indicate the unique alpha-numeric code assigned by the competent authority.

I.4

Designated point of entry

 

Select the name of the designated point of entry (DPE) or control point where appropriate.

I.5

Designated point of entry code

 

This is the unique alpha-numeric code assigned by TRACES to the DPE or control point where appropriate.

I.6

Consignee/Importer

 

Indicate the name and full address. Information on telephone and fax numbers or an email address is recommended.

I.7

Place of destination

 

Indicate the delivery address in the Union. Information on telephone and fax numbers or an email address is recommended.

I.8

Operator responsible for the consignment

 

This is the person (feed and food business operator or their representative or the person making the declaration on their behalf) who is in charge of the consignment when it is presented at the DPE and who makes the necessary declarations to the competent authority at the DPE on behalf of the importer. Insert the name and full address. Information on telephone and fax numbers or an e- mail address is recommended.

I.9

Accompanying documents

 

Insert the date of issue and the number of official documents accompanying the consignment, as appropriate.

Commercial document reference: the airway bill number, the bill of lading number or the commercial number of the train or road vehicle.

I.10

Prior notification

 

Insert the estimated date and time on which the consignment is expected to arrive at the DPE or control point where appropriate.

I.11

Country of origin

 

This refers to the third country where the commodity is originating from, grown, harvested or produced.

I.12

Not applicable

I.13

Means of transport

 

Give full details of the means of arrival transport: for aircrafts the flight number, for vessels the ship name, for road vehicles the registration number plate with trailer number if appropriate, for railway vehicles the train identity and wagon number.

I.14

Country of dispatch

 

This refers to the third country where the consignment was placed aboard the means of final transport for the journey to the Union.

I.15

Not applicable

I.16

Transport conditions

 

Select the appropriate temperature during transport.

I.17

Container number/Seal number

 

Give all seal and container identification numbers where relevant.

For official seal, indicate the official seal number as indicated in the official certificate and tick ‘official seal’ or indicate any other seal as mentioned in the accompanying documents.

I.18

Certified as or for

 

Select the intended use of the commodity as specified in the official certificate (where required) or commercial document.

Tick the appropriate box depending on whether the commodity is destined for human consumption without prior sorting or other physical treatment (in this case tick ‘human consumption’) or is intended for human consumption after such treatment (in this case tick ‘further process’), or is intended for use as ‘feedingstuffs’ (in this case tick ‘feedingstuffs’) or other.

I.19

Not applicable

I.20

For transfer to

 

During the transitional period provided for in Article 19(1), the DPE shall select this box to allow the transfer to another control point, following a satisfactory documentary check at the DPE.

I.21

For onward transportation

 

Indicate the preferred place to which the consignment selected for identity and physical checks will be transported if authorised by the DPE, pending the results of physical checks, in accordance with Article 8.

I.22

Not applicable

I.23

For internal market

 

Tick this box where the consignment is intended for importation into the Union (Article 8).

I.24

Not applicable

I.25

Not applicable

I.26

Not applicable

I.27

Means of transport after DPE

 

Select the appropriate means of transport in case of transfer to control point or onward transportation (see guidance note in box I.13).

I.28

Not applicable

 

 

I.29

Not applicable

 

 

I.30

Not applicable

I.31

Description of consignment

 

Provide a detailed description of the goods (including for feed the type of feed).

Use the code identifying the goods as listed in Annex I (including the TARIC sub-division, if applicable).

Identify the type of packaging.

I.32

Total number of packages

 

Indicate the total number of packages in the consignment, where appropriate.

I.33

Total quantity

 

Indicate the number of pieces or volume, where appropriate.

I.34

Total net weight/total gross weight (kg)

 

Net weight: weight of actual product in kg, excluding packaging. This is defined as the mass of the products themselves without immediate containers or any packaging.

Gross weight: overall weight in kg. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment.

I.35

Declaration

 

The declaration must be signed by the natural person responsible for the consignment:

I, the undersigned operator responsible for the consignment detailed above, certify that to the best of my knowledge and belief the statements made in Part I of this document are true and complete, and I agree to comply with the requirements of Regulation (EC) No 882/2004 on official controls, including payment for official controls, and consequent official measures in case of non-compliance with the feed and food law.



PART II – CONTROLS

Box

Description

II.1.

Previous CED

 

Indicate in this box the unique alpha-numeric code assigned by TRACES for the CED used before transfer to a control point or before onward transportation.

II.2

CED reference

 

This is the unique alpha-numeric code indicated in box I.2.

II.3

Documentary check

 

To be completed for all consignments.

II.4

Identity check

 

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the identity checks.

II.5

Physical check

 

The competent authority of the DPE shall indicate whether the consignment is selected for physical checks that, during the transitional period provided for in Article 19(1), may be carried out at a different control point.

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the physical checks.

II.6

Laboratory test

 

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the results of the laboratory test here. Complete this box with the category of substance or pathogen for which a laboratory test has been carried out.

II.7

Not applicable

II.8

Not applicable

II.9

Acceptable for transfer to

 

The competent authority of the DPE shall indicate, during the transitional period provided for in Article 19(1), following a satisfactory documentary check, to which control point the consignment may be transported in order for identity and physical checks to be carried out.

II.10

Acceptable for onward transportation to

 

The competent authority of the DPE shall indicate if the consignment is authorised for the onward transportation provided for in Article 8. Onward transportation can only be authorised if the identity checks have been carried out at the DPE and if their result is satisfactory. Box II.4 shall therefore be filled in at the same time as onward transportation is authorised, while Box II.5 shall be filled in once the results of laboratory tests are available.

II.11

Not applicable

II.12

Acceptable for internal market

 

This box is to be used for all consignments to be released for free circulation within the Union.

II.13

Not applicable

II.14

Not applicable

II.15

Not applicable

II.16

Not acceptable

 

Indicate clearly the date by which the action has to be taken in the case of rejection of the consignment due to the unsatisfactory outcome of the checks.

II.17

Reason for refusal

 

Tick the appropriate box.

II.18

Details of controlled destinations (II.9, II.10 and II.16)

 

Give, as appropriate, approval number and address (or ship name and port) for all destinations where further control of the consignment is required.

II.19

Consignment resealed

 

Use this box when the original seal recorded on a consignment is destroyed on opening the container. A consolidated list of all seals that have been used for this purpose must be kept.

II.20

Identification of DPE or control point

 

Put the official stamp of the competent authority of the DPE here or, during the transitional period provided for in Article 19(1), of the competent authority of the control point.

II.21

Certifying officer

 

Signature of the responsible official of the competent authority of the DPE or, during the transitional period provided for in Article 19(1), of the competent authority of the control point:

I, the undersigned official inspector of the DPE/control point, certify that the checks on the consignment have been carried out in accordance with Union requirements.

II.22

Inspection fees

 

This box may be used to indicate inspection fees.

II.23

Customs document reference

 

For use by customs services, if necessary.

II.24

Subsequent CED

 

Indicate the unique alphanumeric code assigned by TRACES for the CED used after transfer to control point or after onward transportation.



PART III – FOLLOW-UP

Box

Description

III.1

Previous CED

This is the unique alpha-numeric code indicated in box II.1.

III.2

CED reference

This is the unique alpha-numeric code indicated in box I.2.

III.3

Subsequent CED

Indicate the alphanumeric code of one or more CEDs indicated in box II.24.

III.4

Details on re-dispatch

The competent authority of the DPE or, during the transitional period provided for in Article 19(1), the competent authority of the control point, shall indicate the means of transport used, its identification details, the country of destination and the date of re- dispatch, as soon as they are known. The indication of the name of the exit BIP or DPE is optional.

III.5

Follow-up

Indicate the Local Competent Authority Unit responsible, as appropriate, for the supervision in case of ‘Destruction’, ‘Transformation’ or ‘Use for other purpose’ of the consignment. That authority shall report the result of the arrival of the consignment and the correspondence of the consignment in this box.

III.6

Certifying officer

In the case of ‘re-dispatch’, this refers to the signature of the responsible official for the competent authority of the DPE or, during the transitional period provided for in Article 19(1), the responsible official for the control point.

In the case of ‘destruction’, ‘transformation’ or ‘use for other purpose’, this refers to the signature of the responsible official for the local competent authority.

PART 2

Model for the CED2

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