
Article 1 
For the purposes of this Regulation, references to China are to be understood as references to the People’s Republic of China.
Article 2 

1. The import into the Community of products containing milk, milk products, soya or soya products intended for the particular nutritional use of infants and young children within the meaning of Directive 2009/39/EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses, originating or consigned from the People’s Republic of China shall be prohibited.
2. Member States shall ensure that any such product found on the market shall be immediately withdrawn and destroyed.
Article 3 
Feed and food business operators or their representatives shall give prior notification to the control point referred to in Article 4(3) of the estimated date and time of arrival of all consignments originating in or consigned from China of ammonium bicarbonate intended for food and feed and of feed and food containing milk, milk products, soya or soya products.
Article 4 

1. The competent authorities of the Member States shall carry out documentary, identity and physical checks, including laboratory analysis on the consignments originating in or consigned from China, which are to be imported into the Community, of ammonium bicarbonate intended for food and feed and of feed and food containing milk, milk products, soya or soya products other than those referred to in Article 2(1).Identity and physical checks, including sampling and analysis to control the presence of melamine, shall be carried out on approximately 20 % of such consignments.Member States may carry out random physical checks on other feed and food products with a high protein content originating from China, which are to be imported into the Community.The physical checks referred to in this paragraph shall in particular aim at ascertaining the level of melamine, if any, in the product. Consignments shall be kept under official control pending the availability of the results of the laboratory analysis.
2. Any product found to contain more than 2,5 mg/kg melamine, following controls performed in accordance with paragraph 1, shall not enter the feed and food chain and shall be safely disposed of.
3. The checks referred to in paragraph 1 shall be carried out at control points specifically designated by the Member States for that purpose.Member States shall make the list of control points available to the public and communicate it to the Commission.
4. 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 the evidence that the official controls referred to in paragraph 1 have been carried out and favourable results from physical checks, where such checks are required, are known.
Article 5 
Member States shall submit to the Commission every three months a report of all analytical results of the controls referred to in Article 4(1). Those reports shall be submitted during the month following each quarter.
Article 6 
All costs resulting from the official controls referred to in Article 4(1), including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the feed and food business operator.
Article 7 
Commission Decision 2008/798/EC is repealed.
References to the repealed Decision shall be construed as references to this Regulation.
Article 8 
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 the date of entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 25 November 2009.
For the Commission
Androulla VASSILIOU
Member of the Commission