HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 218/4
EN
Official Journal of the European Union
24.8.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 844/2011
of 23 August 2011
approving the pre-export checks carried out by Canada on wheat and wheat flour as regards the
presence of ochratoxin A
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
authorities of Canada on the ochratoxin A contamination
in wheat (common and durum) and wheat flour intended
for export to the European Union.
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
Commission
has
assessed
in
detail
the
information
provided by the Canadian Grain Commission, the
Having regard to Regulation (EC) No 882/2004 of the European
competent authority of Canada under the responsibility
Parliament and of the Council of 29 April 2004 on official
of which the pre-export checks will be performed, and
controls performed to ensure the verification of compliance
considers that the guarantees provided are satisfactory
with feed and food law, animal health and animal welfare
and justify the approval of the pre-export checks on
rules (
wheat and wheat flour as regards the presence of

1 ), and in particular Article 23 thereof,
ochratoxin A.
Whereas:
(7) It
is
therefore
appropriate
to
grant
approval
of
pre-export
checks carried out by Canada on wheat and wheat flour
ensuring compliance with the maximum levels of
(1) Commission
Regulation
(EC)
No
1881/2006 of
ochratoxin A laid down in Union law.
19 December 2006 setting maximum levels for certain
contaminants in foodstuffs
( 2 ) lays down permitted
maximum levels of ochratoxin A in foodstuffs. Only
(8) According
to
Article
16(2)
of
Regulation
(EC)
No
foodstuffs complying with the maximum level may be
882/2004 Member States are required to adjust the
placed on the Union market.
frequency of physical checks on imports to the risk
associated with different categories of food and taking
into account, among other things, the guarantees
(2) Regulation
(EC)
No
882/2004
provides
an
obligation
for
provided by the competent authorities of the third
the Member States to ensure that official controls are
country of origin of the food in question. Systematic
carried out regularly, on a risk basis and with appropriate
pre-export checks carried out under the authority of
frequency in order to achieve the objectives of the Regu
the Canadian Grain Commission in conformity with
lation, which are inter alia preventing, eliminating or
the Union approval and in accordance with Article 23
reducing to acceptable levels risks to humans and
of Regulation 882/2004 provide a satisfactory level of
animals.
guarantees in relation to the ochratoxin A contamination
in wheat and wheat flour and therefore allow Member
States to reduce the frequency of physical checks
(3) Article
23
of
Regulation
(EC)
No
882/2004
provides
that
performed on those commodities.
specific pre-export checks that a third country carries out
on feed and food immediately prior to export to the
European Union with a view to verifying that the
(9) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
exported products satisfy Union requirements may be
Committee on the Food Chain and Animal Health,
approved.


HAS ADOPTED THIS REGULATION:
(4) Such
an
approval
may
only
be
granted
to
a
third
country
if an European Union audit has shown that feed or food
exported to the European Union meets Union
Article 1
requirements or equivalent requirements and that the
Approval of pre-export checks
controls carried out in the third country prior to
dispatch are considered sufficiently effective and
Pre-export checks as regards the presence of ochratoxin A,
efficient as to replace or reduce the documentary,
carried out by the Canadian Grain Commission immediately
identity and physical checks laid down in Union law.
prior to export to the European Union, are approved for the
following foodstuffs
(5) On
8
October
2007
Canada
has
submitted
to
the (a) wheat falling within HS/CN code 1001, produced on the
Commission an application for obtaining an approval
territory of Canada, and
of the pre-export checks performed by the competent
( 1 ) OJ L 165, 30.4.2004, p. 1.
(b) wheat flour falling within HS/CN code 1101 00, produced
( 2 ) OJ L 364, 20.12.2006, p. 5.
on the territory of Canada.

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EN
24.8.2011 Official
Journal
of
the
European
Union L
218/5
Article 2
Article 3
Conditions for approval of pre-export checks
Splitting of consignments
1. Each
consignment
of
products
referred
to
in
Article
1
If a consignment is split, copies of the certificate provided for in
shall be accompanied by:
Article 2 (1) (b) and certified by the competent authority of the
Member State on whose territory the splitting has taken place,
shall accompany each part of the split consignment until it is
(a) a report containing the results of sampling and analysis
released for free circulation.
performed in accordance with the provisions of Commission
Regulation (EC) No 401/2006 of 23 February 2006 laying
down the methods of sampling and analysis for the official
Article 4
control of mycotoxins in foodstuffs ( 1 ), or with equivalent
requirements, by a laboratory approved for that purpose by
Official controls
the Canadian Grain Commission;
In accordance with the provisions of Article 16 (2) and
Article 23(2) of Regulation (EC) 882/2004, the frequency of
(b) a certificate in accordance with the model set out in the
the physical checks carried out by the Member States on
Annex, completed, verified and signed by a representative of
consignments of products referred to in Article 1 shall be
the Canadian Grain Commission; the certificate shall be
reduced to a maximum of 1 % of the number of consignments
valid for four months from the date of issuance.
presented in accordance with Article 2.
2. The
report
and
certificate
referred
to
in
paragraph
1
may
Article 5
be provided electronically, after the practical modalities have
been agreed upon.
Entry into force
This Regulation shall enter into force on the twentieth day
3. Each
consignment
of
foodstuffs
shall
bear
an
identification following its publication in the Official Journal of the European
code which shall be reproduced on the report and on the
Union.
certificate referred to in paragraph 1. Each individual bag, or
other packaging form, of the consignment shall be identified
with the same code.
It shall apply from 1 October 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 August 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 70, 9.3.2006, p. 12.

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L 218/6
EN
Official Journal of the European Union
24.8.2011
ANNEX

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EN
24.8.2011 Official
Journal
of
the
European
Union L
218/7

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