HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 90/14
EN
Official Journal of the European Union
28.3.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 274/2012
of 27 March 2012
amending Regulation (EC) No 1152/2009 imposing special conditions governing the import of
certain foodstuffs from certain third countries due to contamination risk by aflatoxins
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
reduce the frequency of controls for these foodstuffs. For
reasons of clarity and to ensure consistency with other
Having regard to the Treaty on the Functioning of the European
EU legislation, it is appropriate to explicitly mention that
Union,
the identity checks are to be performed at the same
frequency as the physical control (sampling and analysis).
Having regard to Regulation (EC) No 178/2002 of the European
(6) Therefore,
Regulation
(EC)
No
1152/2009
should
be
Parliament and of the Council of 28 January 2002 laying down
amended accordingly.
the general principles and requirements of food law, establishing
the European Food Safety Authority and laying down
procedures in matters of food safety (
(7) The
measures
provided
for
in
this
Regulation
are
in

1 ), and in particular
Article 53(1)(b)(ii) thereof,
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
Whereas:
HAS ADOPTED THIS REGULATION:
(1) Article
53
of
Regulation
(EC)
No
178/2002
provides
the
Article 1
Commission with the possibility to adopt emergency
measures, where it is evident that food and feed
Amending provisions
imported from a third country is likely to constitute a
serious risk to human health, animal health or the
Regulation (EC) No 1152/2009 is amended as follows:
environment, and that such risk cannot be contained
satisfactorily by means of measures taken by the
(1) Article 1 is replaced by the following:
Member States individually.
‘Article 1
(2) By
Commission
Regulation
(EC)
No
1152/2009
( 2 ) the
Scope
Commission has imposed special conditions on the
import from certain third countries of certain foodstuffs
1. This
Regulation
shall
apply
to
the
import
of
the
in which the maximum levels of aflatoxins set by
following foodstuffs and of the foodstuffs processed and
Commission Regulation (EC) No 1881/2006
( 3 )
compound thereof:
appeared to be frequently exceeded.
(a) the following foodstuffs originating in or consigned
(3) Since
the
Combined
Nomenclature
(CN)
code
has
from Brazil:
changed for certain food categories covered by Regu
lation (EC) No 1152/2009, it is appropriate to change
(i) Brazil nuts in shell falling within category CN code
the CN codes in that Regulation accordingly.
0801 21 00;
(4)
It is appropriate to repeal the transitional provision for
(ii) mixtures of nuts or dried fruits falling within
foodstuffs imported from the United States of America,
CN code 0813 50 and containing Brazil nuts in
which are not covered by the Voluntary Aflatoxin
shell;
Sampling Plan, as sufficient time has been provided to
operators in the United States of America to implement
(b) the following foodstuffs originating in or consigned
the Voluntary Aflatoxin Sampling Plan.
from China:
(5)
In the light of the number and nature of notifications in
(i) groundnuts falling within CN code 1202 41 00 or
the Rapid Alert System for Food and Feed, trade volumes,
1202 42 00;
the outcome of inspections of the Food and Veterinary
Office and the outcome of controls, the frequency of
sampling for analysis should be reduced in some cases.
(ii) groundnuts falling within CN code 2008 11 91 (in
For hazelnuts from Turkey and Brazil nuts from Brazil
immediate packings of a net content exceeding
only a very low number of non-compliance has been
1 kg) or 2008 11 98 (in immediate packings of a
observed at import. It is therefore appropriate to
net content not exceeding 1 kg);
(iii) roasted groundnuts falling within CN code
( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 313, 28.11.2009, p. 40.
2008 11 96 (in immediate packings of a net
( 3 ) OJ L 364, 20.12.2006, p. 5.
content not exceeding 1 kg);

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EN
28.3.2012 Official
Journal
of
the
European
Union L
90/15
(c) the following foodstuffs originating in or consigned
content exceeding 1
kg) and 2008
19
93 (in
from Egypt:
immediate packings of a net content not
exceeding 1 kg);
(i) groundnuts falling within CN code 1202 41 00 or
1202 42 00;
(iii) mixtures of nuts or dried fruits falling within
CN code 0813 50 and containing almonds.
(ii) groundnuts falling within CN code 2008 11 91 (in
immediate packings of a net content exceeding
2. Paragraph
1
shall
not
apply
to
consignments
of
food
1 kg) or 2008 11 98 (in immediate packings of a
stuffs of a gross weight not exceeding 20 kg, or to
net content not exceeding 1 kg);
processed or compound foodstuffs containing the foodstuffs
referred to in points (b) to (f) of paragraph 1 in a quantity
(iii) roasted groundnuts falling within CN code
below 20 %’;
2008 11 96 (in immediate packings of a net
content not exceeding 1 kg);
(2) in Article 4, paragraph 6 is deleted;
(d) the following foodstuffs originating in or consigned
(3) in Article 7, paragraphs 4 and 5 are replaced by the
from Iran:
following:
(i) pistachios falling within CN code 0802 51 00 or
‘4. The
competent
authority
at
the
designated
point
of
0802 52 00;
import shall carry out an identity check and shall take a
sample for analysis of aflatoxin B1 and total aflatoxin
(ii) roasted pistachios falling within CN codes
contamination on certain consignments with a frequency
2008 19 13 (in immediate packings of a net
indicated in paragraph 5 and in accordance with Annex I
content exceeding 1
kg) and 2008
19
93 (in
to Regulation (EC) No 401/2006 before release for free
immediate packings of a net content not exceeding
circulation into the Union.
1 kg);
(e) the following foodstuffs originating in or consigned
5. The
identity
check
and
the
sampling
for
analysis
from Turkey:
referred to in paragraph 4 shall be carried out on:
(i) dried figs falling within CN code 0804 20 90;
(a) approximately 50 % of the consignments of foodstuffs
from Brazil;
(ii) hazelnuts (Corylus spp.) in shell or shelled falling
within CN code 0802 21 00 or 0802 22 00;
(b) approximately 20 % of the consignments of foodstuffs
from China;
(iii) pistachios falling within CN code 0802 51 00 or
0802 52 00;
(c) approximately 20 % of the consignments of foodstuffs
from Egypt;
(iv) mixtures of nuts or dried fruits falling within
CN code 0813 50 and containing figs, hazelnuts
(d) approximately 50 % of the consignments of foodstuffs
or pistachios;
from Iran;
(v) fig paste, pistachio paste and hazelnut paste falling
(e) approximately 5 % of the consignments for each
within CN codes 2007 10 or 2007 99;
category of hazelnuts and derived products from
Turkey referred to in Article 1(1)(e)(ii) and (iv) to
(vi) hazelnuts and pistachios, prepared or preserved,
(viii), approximately 20 % of the consignments for
including mixtures falling within CN code
each category of dried figs and derived products from
2008 19 and figs, prepared or preserved, falling
Turkey referred to in Article 1(1)(e)(i) and (iv) to (vii)
within CN code 2008 99, including mixtures
and approximately 50 % of the consignments for each
falling within CN code 2008 97;
category of pistachios and derived products from Turkey
referred to in Article 1(1)(e)(iii) to (vii);
(vii) flour, meal and powder of hazelnuts, figs and
pistachios falling within CN code 1106 30 90;
(f) a random basis for consignments of foodstuffs from the
United States of America, referred to in Article 1(1)(f).’.
(viii) cut, sliced and broken hazelnuts falling within
CN 0802 22 00 and 2008 19;
Article 2
(f) the following foodstuffs originating in or consigned
Transitional measures
from the United States of America:
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)
(i) almonds in shell or shelled falling within CN code
which have left the United States before the entry into force of
0802 11 or 0802 12;
this Regulation and which are not accompanied by the
Voluntary Aflatoxin Sampling Plan certificate, can be imported
(ii) roasted almonds falling within CN codes
into the EU on the condition that they are subject to a physical
2008 19 13 (in immediate packings of a net
check, including sampling and analysis.

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L 90/16
EN
Official Journal of the European Union
28.3.2012
Article 3
Entry into force
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

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Document Outline

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