
Article 1 
This Regulation shall apply to the introduction of the foods listed in Annex I.
Article 2 
For the purpose of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002, in Article 2 of Regulation (EC) No 882/2004 and in Article 3 of Regulation (EC) No 669/2009 shall apply.
Article 3 
The food business operator shall ensure that:

((a)) consignments of foods referred to in Annex I (‘food’) shall only be introduced into the Union in accordance with the procedures laid down in this Regulation;
((b)) consignments of foods shall only be introduced into the Union through the designated point of entry (‘DPE’).
Article 4 

1. Each consignment of foods shall be accompanied by the results of sampling and analysis performed by the competent authority of the third country of dispatch verifying the absence of the hazard specified in Annex I.
2. The sampling and the analysis referred to in paragraph 1 shall be performed in accordance with Chapter III ‘Sampling and analysis’ in Title II of Regulation (EC) No 882/2004. In particular, the sampling shall be performed in accordance with the relevant standards of the ISO (International Organisation for Standardisation) and the guidelines of the Codex Alimentarius used as reference and the analysis for Salmonella shall be performed according to the reference method EN/ISO 6579 (the latest updated version of the detection method) or a method validated against it in accordance with the protocol set out in EN/ISO 16140 or other internationally accepted similar protocols.
Article 5 

1. The consignments of foods listed in Annex I shall be accompanied by a health certificate in accordance with the model set out in Annex III.
2. The health certificate shall be signed and stamped by an authorised representative of the competent authority of the third country of dispatch.
3. The health certificate and its attachments shall be drawn up in the official language, or in one of the official languages, of the Member State where the DPE is located. However, the Member State of the DPE may consent to health certificates being drawn up in another official language of the Union.
4. The health certificate shall be valid for a period of four months from the date of issue, but no longer than six months from the date of the last microbiological laboratory analysis.
Article 6 
Each consignment of foods shall be identified with an identification code (consignment code) which corresponds to the identification code referred to on the results of the sampling and analysis referred to in Article 4 and the health certificate referred to in Article 5. Each individual bag, or other packaging form, of the consignment shall be identified with that identification code.
Article 7 

1. Food business operators or their representatives shall give prior notification of the estimated date and time of physical arrival of consignments of food and of the nature of the consignment to the competent authority of the DPE.
2. For the purpose of prior notification, food business operators or their representatives shall complete Part I of the common entry document (‘CED’) and transmit that document to the competent authority of the DPE, at least one working day prior to the physical of arrival of the consignment.
3. For the completion of the CED, food business operators or their representatives shall take into account the notes for guidance for the CED laid down in Annex II to Regulation (EC) No 669/2009.
4. CEDs shall be drawn up in the official language, or in one of the official languages, of the Member State where the DPE is located. However, a Member State of the DPE may consent to CEDs being drawn up in another official language of the Union.
Article 8 

1. The competent authority at the DPE shall carry out documentary checks for each consignment of food to ascertain compliance with the requirements laid down in Articles 4 and 5.
2. The identity checks and physical checks on food shall be carried out in accordance with Articles 8, 9 and 19 of Regulation (EC) No 669/2009 at the frequency set out in Annex II to this Regulation.
3. Where a consignment of food is not accompanied by the results of sampling and analysis referred to in Article 4 and the health certificate referred to in Article 5 or where those results or that health certificate do not comply with the requirements laid down in this Regulation, the consignment shall not be imported into the Union and shall be re-dispatched to the third country of origin or destroyed.
4. After completion of the identity checks and physical checks, the competent authorities shall:
(a) complete the relevant entries of Part II of the CED;
(b) attach the results of sampling and analysis carried out, in accordance with paragraph 2 of this Article;
(c) provide the CED with the CED reference number;
(d) stamp and sign the original of the CED;
(e) make and retain a copy of the signed and stamped CED.
5. The originals of the CED and the health certificate referred to in Article 5 with the accompanying results of sampling and analysis referred to in Article 4 shall accompany the consignment during transportation and until it is released for free circulation. In case of authorisation of onward transportation of the consignments pending the results of the physical checks, a certified copy of the original CED shall be issued. 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.
Article 9 

1. Consignments shall not be split until all checks have been completed, and the CED has been fully filled in by the competent authorities of the DPE as provided for in Article 8.
2. In the case of subsequent splitting of the consignment, an authenticated copy of the CED shall accompany each part of the consignment during its transport and until it is released for free circulation.
Article 10 
The release for free circulation of consignments of food listed in Annex I shall be subject to the presentation (physically or electronically) by the food business operators or their representatives to the customs authorities of a CED duly filled in by the competent authority of the DPE once all official controls have been carried out and favourable results from physical checks, where such checks are required, are known. The customs authorities shall only release the consignment for free circulation if a favourable decision by the competent authority is indicated in box II.14 and signed in box II.21 of the CED.
Article 11 
If the official controls establish non-compliance with the relevant provisions of Regulation (EC) No 852/2004, the competent authority of the DPE shall complete Part III of the CED and shall take actions as laid down in provisions of Articles 19, 20 and 21 of Regulation (EC) No 882/2004.
Article 12 
Member States shall submit to the Commission a report of all analytical results on consignments of foods pursuant to Article 8 of this Regulation.
That report shall cover a period of six months and shall be submitted biannually by the end of the month following each semester.
The report shall include the following information:

((a)) number of consignments introduced, including size in terms of net weight and country of origin of each consignment;
((b)) number of consignments subjected to sampling for analysis;
((c)) results of the identity checks and physical checks referred to in Article 8(2).
Article 13 
All costs resulting from the official controls provided for in Article 8, including sampling, analysis, storage and any measures taken in case of non-compliance as referred to in Article 11, shall be borne by the food business operators.
Article 14 
Member States shall authorise introduction of consignments of food which left the third country of dispatch, prior to the date of entry into force of this Regulation without being accompanied by a health certificate as referred to in Article 5 and the results of sampling and analysis as referred to in Article 4.
Article 15 
Implementing Regulation (EU) 2016/166 is repealed.
Article 16 
Regulation (EC) No 669/2009 is amended in accordance with Annex IV to this Regulation.
Article 17 
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, 2 February 2017.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX I

Food(intended use) CN code TARIC sub-division Country of origin Hazard
Sesame seeds (Sesamum seeds)(Food — fresh or chilled) 1207 40 90  India (IN) Salmonella
Betel leaves (Piper betle L.)(Food) ex 1404 90 00 10 India (IN) Salmonella

ANNEX II

Food(intended use) CN code TARIC sub-division Country of origin Hazard Frequency of physical and identity checks (%)
Sesame seeds (Sesamum seeds)(Food — fresh or chilled) 1207 40 90  India (IN) Salmonella 20
Betel leaves (Piper betle L.)(Food) ex 1404 90 00 10 India (IN) Salmonella 10


ANNEX III

ANNEX IV

In Annex I to Regulation (EC) No 669/2009, the following entry is deleted:
'
Sesamum seeds(Food — fresh or chilled) 1207 40 90  India (IN) Salmonella (12) 20'
