Commission Regulation (EU) No 878/2010

of 6 October 2010

amending Annex I to 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 [1], and in particular Article 15(5) thereof,

Whereas:

(1) Commission Regulation (EC) No 669/2009 [2] 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, 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 in Annex I thereto 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) Occurrence and relevance of food incidents notified through the Rapid Alert System for Feed and Food (RASFF), findings of the missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports which Member States have to make available as regards the official controls performed at their borders according to Article 15 of Regulation (EC) No 669/2009 indicate that there is need to review the list in Annex I to the above Regulation. In particular, Annex I thereto must be reviewed by removing those commodities for which the above information sources show an overall satisfactory degree of compliance with the relevant EU safety requirements and for which an increased level of official control is therefore no longer justified, and by adding other commodities for which the same sources show a degree of non-compliance with the relevant EU safety requirements that warrants the introduction of increased level of official controls.

(4) The amendments to Annex I of Regulation (EC) No 669/2009 provided for in this Regulation should become applicable as soon as possible so that the increased level of official controls can, on one hand, cease for those commodities which are removed from the list and, on the other hand, start for those newly added.

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

(6) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I of Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 7 October 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2010.

For the Commission

The President

José Manuel Barroso

[1] OJ L 165, 30.4.2004, p. 1.

[2] OJ L 194, 25.7.2009, p. 11.

--------------------------------------------------

ANNEX

"ANNEX I

A. 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 [6] | Country of origin | Hazard | Frequency of physical and identity checks (%) |

—Groundnuts (peanuts), in shell | 12021090 | Argentina | Aflatoxins | 10 |

—Groundnuts (peanuts), shelled | 12022000 |

—Peanut butter | 20081110 |

—Groundnuts (peanuts), otherwise prepared or preserved | 20081191; 20081196; 20081198 |

(Feed and food) | |

—Groundnuts (peanuts), in shell | 12021090 | Brazil | Aflatoxins | 50 |

—Groundnuts (peanuts), shelled | 12022000 |

—Peanut butter | 20081110 |

—Groundnuts (peanuts), otherwise prepared or preserved | 20081191; 20081196; 20081198 |

(Feed and food) | |

Dried Noodles (Food) | ex1902 | China | Aluminium | 10 |

Trace elements [7] (Feed and food) | ex28170000; ex28209010; ex28209090; ex28211000; ex28255000; ex28332500; ex28332920; ex28332980; ex28369911; ex28369917 | China | Cadmium and lead | 50 |

—Mangoes | ex08045000 | Dominican Republic | Pesticide residues analysed with Multiresidue methods based on GC-MS and LC-MS or with Single residue methods [1] | 50 |

—Yardlong beans (Vigna sesquipedalis) | ex07082000; ex07102200 |

—Bitter melon (Momordica charantia) | ex07099090; ex07108095 |

—Lauki (Lagenaria siceraria) | ex07099090; ex07108095 |

—Peppers | 07096010; 07096099; 07108051; 07108059 |

—Aubergines | 07093000; ex07108095 |

(Food – fresh, chilled or frozen fruit and vegetables) | |

—Oranges (fresh or dried) | 08051020; 08051080 | Egypt | Pesticide residues analysed with Multiresidue methods based on GC-MS and LC-MS or with Single residue methods [2] | 10 |

—Peaches | 08093090 |

—Pomegranates | ex08109095 |

—Strawberries | 08101000 |

—Green beans | ex07082000 |

(Food – fresh fruits and vegetables) | |

—Groundnuts (peanuts), in shell | 12021090 | Ghana | Aflatoxins | 50 |

—Groundnuts (peanuts), shelled | 12022000 |

—Peanut butter | 20081110 |

(Feed and Food) | |

Curry leaves (Bergera/Murraya koenigii) (Food – fresh herbs) | ex12119085 | India | Pesticide residues analysed with multiresidue methods based on GC-MS and LC-MS or with Single residue methods [3] | 10 |

—Chilli (Capsicum annuum), whole | ex09042010 | India | Aflatoxins | 50 |

—Chilli (Capsicum annuum), crushed or ground | ex09042090 |

—Nutmeg (Myristica fragrans) | 09081000 |

—Mace (Myristica fragrans) | 09082000 |

—Ginger (Zingiber officinale) | 09101000 |

—Curcuma longa (turmeric) | 09103000 |

(Food – dried spices) | |

—Groundnuts (peanuts), in shell | 12021090 | India | Aflatoxins | 10 |

—Groundnuts (peanuts), shelled | 12022000 |

—Peanut butter | 20081110 |

—Groundnuts (peanuts), otherwise prepared or preserved | 20081191; 20081196; 20081198 |

(Feed and food) | |

Watermelon (egusi, Citrullus lanatus) seeds and derived products (Food) | ex12079997; ex11063090; ex20089999; | Nigeria | Aflatoxins | 50 |

Basmati rice for direct human consumption (Food – milled rice) | ex100630 | Pakistan | Aflatoxins | 20 |

—Chilli (Capsicum annuum), whole | ex09042010 | Peru | Aflatoxins and Ochratoxin A | 10 |

—Chilli (Capsicum annuum), crushed or ground | ex09042090 |

(Food – dried spice) | |

—Coriander leaves | ex07099090 | Thailand | Salmonella [4] | 10 |

—Basil (holy, sweet) | ex12119085 |

—Mint | ex12119085 |

(Food – fresh herbs) | |

—Coriander leaves | ex07099090 | Thailand | Pesticide residues analysed with Multi-residue methods based on GC-MS and LC-MS or with Single residue methods [5] | 20 |

—Basil (holy, sweet) | ex12119085 |

(Food – fresh herbs) | |

—Yardlong beans (Vigna sesquipedalis) | ex07082000; ex07102200 | Thailand | Pesticide residues analysed with Multi-residue methods based on GC-MS and LC-MS or with Single residue methods [5] | 50 |

—Aubergines | 07093000; ex07108095 |

—Brassica vegetables | 0704; ex07108095 |

(Food – fresh, chilled or frozen vegetables) | |

—Peppers | 07096010; 07096099; 07108051; 07108059 | Turkey | Pesticides: methomyl and oxamyl | 10 |

—Courgettes | 07099070; ex07108095 |

—Tomatoes | 07020000; 07108070 |

(Food – fresh, chilled or frozen vegetables) | |

Pears (Food) | 08082010; 08082050 | Turkey | Pesticide: amitraz | 10 |

Dried grapes (vine fruit) (Food) | 080620 | Uzbekistan | Ochratoxin A | 50 |

—Groundnuts (peanuts), in shell | 12021090 | Vietnam | Aflatoxins | 10 |

—Groundnuts (peanuts), shelled | 12022000 |

—Peanut butter | 20081110 |

—Groundnuts (peanuts), otherwise prepared or preserved | 20081191; 20081196; 20081198 |

(Feed and food) | |

—Chilli (Capsicum annuum), crushed or ground | ex09042090 | All third countries | Sudan dyes | 20 |

—Chilli products (curry) | 09109105 |

—Curcuma longa (turmeric) | 09103000 |

(Food – dried spices) | |

—Red palm oil | ex15111090 |

(Food) | |

B. Definitions

For the purposes of this Annex, "Sudan dyes" refers to the following chemical substances:

(i) Sudan I (CAS Number 842-07-9);

(ii) Sudan II (CAS Number 3118-97-6);

(iii) Sudan III (CAS Number 85-86-9);

(iv) Scarlet Red; or Sudan IV (CAS Number 85-83-6)."

[*] In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

[**] In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

[***] In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

[****] Reference method EN/ISO 6579.

[*****] In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-ethyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

[6] Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked "ex" (for example, ex100630: only Basmati rice for direct human consumption is included).

[7] The trace elements referred to in this entry are the trace elements belonging to the functional group of compounds of trace elements referred to in point 3(b) of Annex I to Regulation (EC) No 1831/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 29). They should be subject to the increased controls provided for in this Regulation also when imported to be used in food.

--------------------------------------------------