
COMMISSION IMPLEMENTING REGULATION (EU) 2016/1024 of 24 June 2016 amending Regulation (EC) No 669/2009 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 (Text with EEA relevance) 

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, and in particular Article 15(5) and 63(1) thereof,
Whereas:

(1) Commission Regulation (EC) No 669/2009 lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

(2) Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

(3) Experience gained over the last 6 years has shown that it is apropriate to provide for a reduction in the default frequency of the reviews of Annex I to a biannual schedule, while keeping the possibility for the Commission to revise the list more often if necessary. This simplification is expected to improve efficiency, while maintaining the main features and objectives of the Regulation. The reduction in the default frequency of Annex I reviews to a biannual schedule should be complemented by a corresponding change in the frequency of Member States reporting to the Commission. The Member States should therefore submit their reports biannually.

(4) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, the findings of audits to third countries carried out by the Directorate for Health and Food Audits and Analysis of the Commission Directorate-General for Health and Food Safety, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

(5) In particular, for consignments of hazelnuts originating from Georgia the relevant sources of information indicate the emergence of new risks requiring the introduction of an increased level of official controls. An entry concerning those consignments should therefore be included in the list.

(6) The list should also be amended by deleting the entries for commodities for which the available information indicates an overall satisfactory degree of compliance with the relevant safety requirements provided for in Union legislation and for which an increased level of official controls is therefore no longer justified. The entries in the list concerning dried grapes from Afghanistan and almonds from Australia should therefore be deleted.

(7) In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 by the text set out in the Annex to this Regulation.

(8) Regulation (EC) No 669/2009 should therefore be amended accordingly.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:

Article 1 
Regulation (EC) No 669/2009 is amended as follows:

((1)) In Article 2, the second subparagraph is replaced by the following:
'The list in Annex I shall be reviewed on a regular basis, and at least biannually.'
((2)) In Article 15(1), the second subparagraph is replaced by the following:
'They shall submit that report biannually by the end of the month following each semester.'
((3)) Annex I to Regulation (EC) No 669/2009 is replaced by the text set out in the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 24 June 2016.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX


‘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 TARIC sub-division Country of origin Hazard Frequency of physical and identity checks (%)
 — Yardlong beans 

(Vigna unguiculata spp. sesquipedalis)
  — ex 0708 20 00;
 10 Cambodia (KH) Pesticide residues 50
ex 0710 22 00 10
 — Aubergines
  — 0709 30 00;
 
ex 0710 80 95 72
(Food — fresh, chilled or frozen vegetables)  
Chinese celery (Apium graveolens)(Food — fresh or chilled herb) ex 0709 40 00 20 Cambodia (KH) Pesticide residues 50
Brassica oleracea(other edible Brassica, “Chinese Broccoli”)(Food — fresh or chilled) ex 0704 90 90 40 China (CN) Pesticide residues 50
Tea, whether or not flavoured(Food) 0902  China (CN) Pesticide residues 10
 — Yardlong beans 

(Vigna unguiculata spp. sesquipedalis)
  — ex 0708 20 00;
 10 Dominican Republic (DO) Pesticide residues 20
ex 0710 22 00 10
 — Peppers (sweet and other than sweet) (Capsicum spp.)
  — 0709 60 10;
 
0710 80 51
(Food — fresh, chilled or frozen vegetables)  — ex 0709 60 99;
 20
ex 0710 80 59 20
Strawberries(Food — fresh or chilled) 0810 10 00  Egypt (EG) Pesticide residues 10
Peppers (sweet and other than sweet) (Capsicum spp.)  — 0709 60 10;
  Egypt (EG) Pesticide residues 10
0710 80 51
(Food — fresh, chilled or frozen)  — ex 0709 60 99;
 20
ex 0710 80 59 20
 — Groundnuts (peanuts), in shell
  — 1202 41 00
  Gambia (GM) Aflatoxins 50
 — Groundnuts (peanuts), shelled
  — 1202 42 00

 — Peanut butter
  — 2008 11 10

 — Groundnuts (peanuts), otherwise prepared or preserved
  — 2008 11 91;

2008 11 96;
2008 11 98
(Feed and food) 
 — Hazelnuts, in shell
  — 0802 21 00
  Georgia (GE) Aflatoxins 20
 — Hazelnuts, shelled
  — 0802 22 00

(Food) 
Palm oil(Food) 1511 10 90;  Ghana (GH) Sudan dyes 50
1511 90 11; 
ex 1511 90 19; 90
1511 90 99 
Sesamum seeds(Food — fresh or chilled) 1207 40 90  India (IN) Salmonella 20
Enzymes; prepared enzymes(Feed and food) 3507  India (IN) Chloramphenicol 50
Peas with pods (unshelled)(Food — fresh or chilled) ex 0708 10 00 40 Kenya (KE) Pesticide residues 10
 — 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
  — 2008 11 91;

2008 11 96;
2008 11 98
(Feed and food) 
Raspberries(Food — frozen) 0811 20 31;  Serbia (RS) Norovirus 10
ex 0811 20 11; 10
ex 0811 20 19 10
Watermelon (Egusi, Citrullus spp.) seeds and derived products ex 1207 70 00; 10 Sierra Leone (SL) Aflatoxins 50
ex 1106 30 90; 30
ex 2008 99 99 50
(Food)  
 — Groundnuts (peanuts), in shell
  — 1202 41 00
  Sudan (SD) Aflatoxins 50
 — Groundnuts (peanuts), shelled
  — 1202 42 00

 — Peanut butter
  — 2008 11 10

 — Groundnuts (peanuts), otherwise prepared or preserved
  — 2008 11 91;

2008 11 96;
2008 11 98
(Feed and food) 
Peppers (other than sweet) (Capsicum spp.)(Food — fresh or chilled) ex 0709 60 99 20 Thailand (TH) Pesticide residues 10
 — Yardlong beans 

(Vigna unguiculata spp. sesquipedalis)
  — ex 0708 20 00;
 10 Thailand (TH) Pesticide residues 20
ex 0710 22 00 10
 — Aubergines
  — 0709 30 00;
 
ex 0710 80 95 72
(Food — fresh, chilled or frozen vegetables)  
 — Dried apricots
  — 0813 10 00
  Turkey (TR) Sulphites 10
 — Apricots, otherwise prepared or preserved
  — 2008 50 61

(Food) 
Lemons (Citrus limon, Citrus limonum)(Food — fresh, chilled or dried) 0805 50 10  Turkey (TR) Pesticide residues 10
Sweet peppers (Capsicum annuum) 0709 60 10;  Turkey (TR) Pesticide residues 10
0710 80 51
(Food — fresh, chilled or frozen vegetables) 
Vine leaves(Food) ex 2008 99 99 11; 19 Turkey (TR) Pesticide residues 50
 — Pistachios, in shell
  — 0802 51 00
  United States (US) Aflatoxins 20
 — Pistachios, shelled
  — 0802 52 00

(Food) 
 — Dried apricots
  — 0813 10 00
  Uzbekistan (UZ) Sulphites 50
 — Apricots, otherwise prepared or preserved
  — 2008 50 61

(Food) 
 — Coriander leaves
  — ex 0709 99 90
 72 Viet Nam (VN) Pesticide residues 50
 — Basil (holy, sweet)
  — ex 1211 90 86;
 20
ex 2008 99 99 75
 — Mint
  — ex 1211 90 86;
 30
ex 2008 99 99 70
 — Parsley
  — ex 0709 99 90
 40
(Food — fresh or chilled herbs)  
 — Okra
  — ex 0709 99 90
 20 Viet Nam (VN) Pesticide residues 50
 — Peppers (other than sweet) (Capsicum spp.)
  — ex 0709 60 99
 20
(Food — fresh or chilled)  
 — Pitahaya (dragon fruit)
(Food — fresh or chilled)  — ex 0810 90 20
 10 Viet Nam (VN) Pesticide residues 20


















