Commission Implementing Regulation (EU) 2019/1249 of 22 July 2019 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 originText with EEA relevance.

Commission Implementing Regulation (EU) 2019/1249 of 22 July 2019 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 OJ L 165, 30.4.2004, p. 1. , and in particular Article 15(5) thereof, Whereas: (1) Commission Regulation (EC) No 669/2009 Commission Regulation (EC) No 669/2009 of 24 July 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 and amending Decision 2006/504/EC (OJ L 194, 25.7.2009, p. 11). 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 a designated point of entry (DPE) 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 biannually, taking into account the sources of information referred to in that Article. (3) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed, as established by Regulation (EC) No 178/2002 of the European Parliament and of the Council Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). , information regarding official controls performed by Member States on feed and food of non-animal origin as well as the biannual 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. (4) In particular, for consignments of jackfruit (Artocarpus heterophyllus) from Malaysia, the data resulting from notifications received through the Rapid Alert System for Food and Feed and information regarding official controls performed by Member States indicate the emergence of new risks to human health due to possible pesticide residues contamination, requiring the introduction of an increased level of official controls. In addition, for groundnuts (peanuts) from the United States of America, data resulting from notifications received through the Rapid Alert System for Food and Feed indicates risks to human health due to possible aflatoxins contamination, requiring the introduction of an increased level of official controls. Entries concerning those consignments should therefore be included in the list.

(5) Commission Regulation (EC) No 1881/2006 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5). establishes a maximum level for hydrocyanic acid (cyanide) in unprocessed whole, ground, milled, cracked, chopped apricot kernels placed on the market for the final consumer. In addition, Commission Regulation (EU) 2017/1237 Commission Regulation (EU) 2017/1237 of 7 July 2017 amending Regulation (EC) No 1881/2006 as regards a maximum level of hydrocyanic acid in unprocessed whole, ground, milled, cracked, chopped apricot kernels placed on the market for the final consumer (OJ L 177, 8.7.2017, p. 36). provides that the operator who places unprocessed whole, ground, milled, cracked, chopped apricot kernels on the market for the final consumer is to provide upon request from the competent authority evidence of compliance of the marketed product with the maximum level. For consignments of unprocessed apricot kernels from Turkey intended to be placed on the market for the final consumer, data resulting from notifications received through the Rapid Alert System for Food and Feed indicates the emergence of new risks to human health due to the presence of hydrocyanic acid (cyanide), requiring the introduction of an increased level of official controls. An entry concerning those consignments should therefore be included in the list. (6) Moreover, due to the high frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States in accordance with Regulation (EC) No 669/2009, it is appropriate to increase the frequency of identity and physical checks on tea and goji berries from China and peppers and yardlong beans from the Dominican Republic. Entries concerning those consignments should therefore be amended accordingly. (7) In addition, the list should be amended by decreasing the frequency of identity and physical checks on apricots from Turkey due to the low frequency of non-compliance with the relevant requirements provided for in Union legislation detected during official controls performed by Member States in accordance with Regulation (EC) No 669/2009. Entries concerning those consignments should therefore be amended accordingly. (8) The existing entry concerning goji berries from China in the list requires the competent authorities to test this commodity for specific pesticides which do not include nicotine. Frequent detections of nicotine in goji berries from China have been reported. It is therefore appropriate to amend the existing entry concerning goji berries from China in Annex I to Regulation (EC) No 669/2009 to require competent authorities to test this commodity for nicotine. (9) Turnips (Brassica rapa spp. Rapa) from Lebanon and from Syria prepared or preserved by brine or citric acid present the same risk as the forms of that commodity from Lebanon and from Syria currently listed. The list should therefore be amended to include turnips prepared or preserved by brine or citric acid from Lebanon and from Syria.

(10) In order to ensure consistency and clarity, it is appropriate to replace Annex I to Regulation (EC) No 669/2009 in its entirety. (11) Regulation (EC) No 669/2009 should therefore be amended accordingly. (12) 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

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. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 July 2019. For the Commission The President Jean-Claude Juncker

Annex

ANNEX

Annex

ANNEX I Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry Where only certain products under any CN code are required to be examined, the CN code is marked ex. Reference method EN ISO 6579-1 or a method validated against it in accordance with the protocol set out in EN ISO 16140-2. Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1) that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only). Residues of Amitraz. Residues of Nicotine. Residues of Tolfenpyrad. Residues of Acephate, Aldicarb (sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb), Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p, p′ and o,p′ isomers), Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and Methiocarb (sum of methiocarb and methiocarb sulfoxide and sulfone, expressed as methiocarb). Residues of Dicofol (sum of p, p′ and o,p′ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz), Thiophanate-methyl and Triforine. 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). Residues of Diafenthiuron. Residues of Carbofuran. Residues of Phenthoate. Residues of Chlorbufam. Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)), Prothiofos and Triforine. Identity and physical checks may be carried out by the competent authority of the place of destination as indicated in the CED, in accordance with Article 9 (2) of this Regulation.

Reference methods: EN 1988-1:1998, EN 1988-2:1998 or ISO 5522:1981. Residues of Prochloraz. Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl. Unprocessed products as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1). Placing on the market and final consumer as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos. Feed and food (intended use) CN codeTARIC sub-divisionCountry of originHazardFrequency of physical and identity checks (%) — Groundnuts (peanuts), in shell — 12024100 Bolivia (BO)Aflatoxins50 — Groundnuts (peanuts), shelled — 12024200 — Peanut butter — 20081110 — Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) — 20081191; 20081196; 20081198 — Black pepper (Piper) (Food – neither crushed nor ground) ex0904110010Brazil (BR)Salmonella20 Goji berries (wolfberries) (Lycium barbarum L.) (Food - fresh, chilled or dried) ex08134095; ex08109075 10 10 China (CN)Pesticide residues20 Sweet peppers (Capsicum annuum) (Food – crushed or ground) ex0904220011China (CN)Salmonella20 Tea, whether or not flavoured (Food) 0902China (CN)Pesticide residues20 Aubergines (Solanum melongena) (Food – fresh or chilled) 07093000Dominican Republic (DO)Pesticide residues20 — Sweet peppers (Capsicum annuum) — 07096010; 07108051 Dominican Republic (DO)Pesticide residues50 — Peppers (other than sweet) (Capsicum spp.) — ex07096099; ex07108059 20 20 — Yardlong beans (Vigna unguiculata ssp. sesquipedalis, vigna unguiculata ssp. unguiculata) (Food - fresh, chilled or frozen) — ex07082000; ex07102200 10 10 — Sweet peppers (Capsicum annuum) — 07096010; 07108051 Egypt (EG)Pesticide residues20 — Peppers (other than sweet) (Capsicum spp.) (Food - fresh, chilled or frozen) — ex07096099; ex07108059 20 20 Sesamum seeds (Food - fresh or chilled) 12074090Ethiopia (ET)Salmonella50 — Hazelnuts, in shell — 08022100 Georgia (GE)Aflatoxins50 — Hazelnuts, shelled — 08022200 — Flour, meal and powder of hazelnuts — ex11063090 40 — Hazelnuts, otherwise prepared or preserved (Food) — ex20081919; ex20081995; ex20081999 30 20 30 Palm oil (Food) 15111090; 15119011; Ghana (GH)Sudan dyes50ex15119019;9015119099 Okra (Food – fresh, chilled or frozen) ex07099990; ex07108095 20 30 India (IN)Pesticide residues10 Peppers (other than sweet) (Capsicum spp.) (Food - fresh, chilled or frozen) ex07096099; ex07108059 20 20 India (IN)Pesticide residues20 Beans (Vigna spp., Phaseolus spp.) (Food – fresh or chilled)

070820Kenya (KE)Pesticide residues5 Chinese celery (Apium graveolens) (Food - fresh or chilled herb) ex0709400020Cambodia (KH)Pesticide residues50 Yardlong beans (Vigna unguiculata ssp. sesquipedalis, vigna unguiculata ssp. unguiculata) (Food - fresh, chilled or frozen vegetables) ex07082000; ex07102200 10 10 Cambodia (KH)Pesticide residues50 Turnips (Brassica rapa ssp. rapa) (Food — prepared or preserved by vinegar or acetic acid) ex20019097;11; 19Lebanon (LB)Rhodamine B50 Turnips (Brassica rapa ssp. rapa) (Food — prepared or preserved by brine or citric acid, not frozen) ex2005998093Lebanon (LB)Rhodamine B50 Peppers (sweet or other than sweet) (Capsicum spp.) (Food - dried, roasted, crushed or ground) 09042110;Sri Lanka (LK)Aflatoxins50ex09042190;20ex09042200;11; 19ex2008999979 — Groundnuts (peanuts), in shell — 12024100 Madagascar (MG)Aflatoxins50 — Groundnuts (peanuts), shelled — 12024200 — Peanut butter — 20081110 — Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) — 20081191; 20081196; 20081198 Jackfruit (Artocarpus heterophyllus) (Food – fresh) ex0810902020Malaysia (MY)Pesticide residues20 Sesamum seeds (Food - fresh or chilled) 12074090Nigeria (NG)Salmonella50 Peppers (other than sweet) (Capsicum spp.) (Food - fresh, chilled or frozen) ex07096099; ex07108059 20 20 Pakistan (PK)Pesticide residues20 Raspberries (Food - frozen) ex08112011; ex08112019; 08112031 10 10 Serbia (RS)Norovirus10 Sesamum seeds (Food - fresh or chilled) 12074090Sudan (SD)Salmonella50 Watermelon (Egusi, Citrullus spp.) seeds and derived products (Food) ex12077000; ex12089000; ex20089999 10 10 50 Sierra Leone (SL)Aflatoxins50 — Groundnuts (peanuts), in shell — 12024100 Senegal (SN)Aflatoxins50 — Groundnuts (peanuts), shelled — 12024200 — Peanut butter — 20081110 — Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) — 20081191; 20081196; 20081198 Turnips (Brassica rapa ssp. rapa) (Food — prepared or preserved by vinegar or acetic acid) ex20019097;11; 19Syria (SY)Rhodamine B50 Turnips (Brassica rapa spp. rapa) (Food — prepared or preserved by brine or citric acid, not frozen) ex2005998093Syria (SY)Rhodamine B50 Peppers (other than sweet) (Capsicum spp.) (Food - fresh, chilled or frozen) ex07096099; ex07108059 20 20 Thailand (TH)Pesticide residues10 — Dried apricots — 08131000 Turkey (TR)Sulphites10 — Apricots, otherwise prepared or preserved (Food) — 20085061 Dried grapes (including dried grapes cut or crushed into a paste, without any further treatment) (Food) 080620Turkey (TR)Ochratoxin A5 Lemons (Citrus limon, Citrus limonum) (Food – fresh, chilled or dried) 08055010Turkey (TR)Pesticide residues10 Pomegranates (Food - fresh or chilled) ex0810907530Turkey (TR)Pesticide residues10 Sweet Peppers (Capsicum annuum) (Food - fresh, chilled or frozen) 07096010; 07108051 Turkey (TR)Pesticide residues10 Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer (Food) ex1212999520Turkey (TR)Cyanide50

Peppers (other than sweet) (Capsicum spp.) (Food - fresh, chilled or frozen) ex07096099 ex07108059 20 20 Uganda (UG)Pesticide residues20 Sesamum seeds (Food - fresh or chilled) 12074090Uganda (UG)Salmonella50 — Groundnuts (peanuts), in shell — 12024100 United States (US)Aflatoxins10 — Groundnuts (peanuts), shelled — 12024200 — Peanut butter — 20081110 — Groundnuts (peanuts), otherwise prepared or preserved (Feed and food) — 20081191; 20081196; 20081198 — Pistachios, in shell — 08025100 United States (US)Aflatoxins10 — Pistachios, shelled — 08025200 — Pistachios, roasted (Food) — ex20081913; ex20081993 20 20 — Dried apricots — 08131000 Uzbekistan (UZ)Sulphites50 — Apricots, otherwise prepared or preserved (Food) — 20085061 — Coriander leaves — ex07099990 72Vietnam (VN)Pesticide residues50 — Basil (holy, sweet) — ex12119086 20 — Mint — ex12119086 30 — Parsley (Food - fresh or chilled herbs) — ex07099990 40 Okra (Food – fresh, chilled or frozen) ex07099990 ex07108095 20 30 Vietnam (VN)Pesticide residues50 Peppers (other than sweet) (Capsicum spp.) (Food - fresh, chilled or frozen) ex07096099; ex07108059 20 20 Vietnam (VN)Pesticide residues50