
Article 1 
Regulation (EC) No 1152/2009 is amended as follows:

((1)) Article 1 is replaced by the following:
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Article 1 

1. This Regulation shall apply to the import of the following foodstuffs and of the foodstuffs processed and compound thereof:
(a) the following foodstuffs originating in or consigned from Brazil:
((i)) Brazil nuts in shell falling within category CN code 0801 21 00;
((ii)) mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell;
(b) the following foodstuffs originating in or consigned from China:
((i)) groundnuts falling within CN code 1202 41 00 or 1202 42 00;
((ii)) groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
((iii)) roasted groundnuts falling within CN code 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
(c) the following foodstuffs originating in or consigned from Egypt:
((i)) groundnuts falling within CN code 1202 41 00 or 1202 42 00;
((ii)) groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
((iii)) roasted groundnuts falling within CN code 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
(d) the following foodstuffs originating in or consigned from Iran:
((i)) pistachios falling within CN code 0802 51 00 or 0802 52 00;
((ii)) roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);
(e) the following foodstuffs originating in or consigned from Turkey:
((i)) dried figs falling within CN code 0804 20 90;
((ii)) hazelnuts (Corylus spp.) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00;
((iii)) pistachios falling within CN code 0802 51 00 or 0802 52 00;
((iv)) mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios;
((v)) fig paste, pistachio paste and hazelnut paste falling within CN codes 2007 10 or 2007 99;
((vi)) hazelnuts and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19 and figs, prepared or preserved, falling within CN code 2008 99, including mixtures falling within CN code 2008 97;
((vii)) flour, meal and powder of hazelnuts, figs and pistachios falling within CN code 1106 30 90;
((viii)) cut, sliced and broken hazelnuts falling within CN 0802 22 00 and 2008 19;
(f) the following foodstuffs originating in or consigned from the United States of America:
((i)) almonds in shell or shelled falling within CN code 0802 11 or 0802 12;
((ii)) roasted almonds falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);
((iii)) mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds.
2. Paragraph 1 shall not apply to consignments of foodstuffs of a gross weight not exceeding 20 kg, or to processed or compound foodstuffs containing the foodstuffs referred to in points (b) to (f) of paragraph 1 in a quantity below 20 %';
((2)) in Article 4, paragraph 6 is deleted;
((3)) in Article 7, paragraphs 4 and 5 are replaced by the following:
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4. The competent authority at the designated point of import shall carry out an identity check and shall take a sample for analysis of aflatoxin B1 and total aflatoxin contamination on certain consignments with a frequency indicated in paragraph 5 and in accordance with Annex I to Regulation (EC) No 401/2006 before release for free circulation into the Union.
5. The identity check and the sampling for analysis referred to in paragraph 4 shall be carried out on:
(a) approximately 50 % of the consignments of foodstuffs from Brazil;
(b) approximately 20 % of the consignments of foodstuffs from China;
(c) approximately 20 % of the consignments of foodstuffs from Egypt;
(d) approximately 50 % of the consignments of foodstuffs from Iran;
(e) approximately 5 % of the consignments for each category of hazelnuts and derived products from Turkey referred to in Article 1(1)(e)(ii) and (iv) to (viii), approximately 20 % of the consignments for each category of dried figs and derived products from Turkey referred to in Article 1(1)(e)(i) and (iv) to (vii) and approximately 50 % of the consignments for each category of pistachios and derived products from Turkey referred to in Article 1(1)(e)(iii) to (vii);
(f) a random basis for consignments of foodstuffs from the United States of America, referred to in Article 1(1)(f).'.
Article 2 
By derogation to Articles 4(1) and 7(2), foodstuffs originating in or consigned from the United States referred to in Article 1(1)(f) which have left the United States before the entry into force of this Regulation and which are not accompanied by the Voluntary Aflatoxin Sampling Plan certificate, can be imported into the EU on the condition that they are subject to a physical check, including sampling and analysis.
Article 3 
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, 27 March 2012.
For the Commission
The President
José Manuel BARROSO