
Article 1 
This Regulation shall apply to crude and refined sunflower seed oil, falling within CN code 1512 11 91 or TARIC Code 1512 19 90 10 (hereafter referred to as sunflower oil), originating in or consigned from Ukraine.
Article 2 
For the purpose of this Regulation, ‘mineral paraffin’ means saturated hydrocarbons in the range C10-C56 from external sources minus the alkanes C27, C29 and C31 which are considered to be of endogenous origin for sunflower oil.
Article 3 

1. Sunflower oil imported into the Community shall not contain more than 50 mg/kg mineral paraffin.
2. Each consignment of sunflower oil presented for import shall be accompanied by a certificate as laid down in Annex, certifying that the product does not contain more than 50 mg/kg mineral paraffin and by an analytical report, issued by a laboratory accredited according to EN ISO/IEC 17025 for the analysis of mineral oil in sunflower oil, indicating the results of sampling and analysis for the presence of mineral oil, the measurement uncertainty of the analytical result, as well as the limit of detection (LOD) and the limit of quantification (LOQ) of the analytical method.
3. The certificate accompanied by the analytical report shall be signed by an authorised representative of the Ministry of Health of Ukraine.
4. Each consignment of sunflower oil shall be identified by means of a code which shall be indicated on the health certificate, on the analytical report containing the results of sampling and analysis, and on the commercial documents accompanying the consignment.
5. The analysis referred to in paragraph 2 must be performed on a sample, taken in accordance with the provisions of Regulation (EC) No 333/2007 and the international standard ISO 5555:2003.
6. Feed and food business operators or their representatives shall give prior notification to the first point of entry of the estimated date and time of physical arrival of the consignment at least one working day prior to the physical arrival of the consignment.
Article 4 

1. The competent authorities of a Member State shall check that each consignment of sunflower oil presented for import is accompanied by a certificate and an analytical report as provided for in Article 3(2).Member States shall sample and analyse for the presence of mineral paraffin certain, selected on a random basis, consignments of sunflower oil presented for import into the Community, in order to ensure that the consignment does not contain more than 50 mg/kg mineral paraffin.Member States shall inform the Commission through the rapid alert system for food and feed of all consignments which are found to contain mineral paraffin above 50 mg/kg taking into account the measurement uncertainty.
2. All official controls before the acceptance for release for free circulation into the Community shall be performed within 15 working days from the moment the consignment is offered for import and physically available for sampling.
Article 5 
Consignments shall not be split until the official controls by the competent authority as provided for in Article 4 have been completed.
In the case of subsequent splitting of the consignment, a copy of the official documents provided for in Article 3(2), to be authenticated by the competent authority of the Member State on whose territory the splitting has taken place, shall accompany each part of the consignment until it is released for free circulation.
Article 6 
Measures in respect of non-compliant consignments of sunflower oil shall be taken in accordance with Article 19 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official control performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules.
Article 7 
All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the feed and food business operator.
Article 8 
Decision 2008/433/EC is hereby repealed.
References to the repealed Decision shall be construed as references to this Regulation.
Article 9 
By way of derogation from Article 3(2), Member States shall authorise the imports of consignments of sunflower oil originating in or consigned from Ukraine which left Ukraine prior to 1 January 2010, accompanied by the certificate provided for in Article 1 of Decision 2008/433/EC.
Article 10 
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 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 27 November 2009.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX
