COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793
of 22 October 2019
on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660
(Text with EEA relevance)
SECTION 1
COMMON PROVISIONS
Article 1
Subject matter and scope
Article 2
Definitions
Article 3
Sampling and analyses
Article 4
Release for free circulation
SECTION 2
TEMPORARY INCREASE OF OFFICIAL CONTROLS AT BORDER CONTROL POSTS AND CONTROL POINTS ON CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES
Article 5
List of food and feed of non-animal origin
Article 6
Frequency of identity checks and physical checks
SECTION 3
SPECIAL CONDITIONS GOVERNING THE ENTRY INTO THE UNION OF CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES
Article 7
Entry into the Union
Article 8
Frequency of identity checks and physical checks
Article 9
Identification code
Article 10
Results of sampling and analyses performed by the competent authorities of the third country
Article 11
Official certificate
SECTION 4
FINAL PROVISIONS
Article 12
Updates to Annexes
Article 13
Repeal
Article 14
Transitional period
Article 15
Entry into force and date of application
ANNEX I
Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points
Food and feed (intended use) |
CN code(1) |
TARIC sub-division |
Country of origin |
Hazard |
Frequency of physical and identity checks (%) |
||||
|
|
|
Bolivia (BO) |
Aflatoxins |
50 |
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|
|
|
|
|
|
||||
|
|
|
|
|
|
||||
|
|
|
|
|
|
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|
|
10 |
Brazil (BR) |
Salmonella (2) |
20 |
||||
|
|
10 10 |
China (CN) |
Pesticide residues(3) (4) (5) |
20 |
||||
|
|
11 |
China (CN) |
Salmonella (2bis) |
20 |
||||
|
|
|
China (CN) |
Pesticide residues(3) (6) |
20 |
||||
|
|
|
Dominican Republic (DO) |
Pesticide residues(3) |
20 |
||||
|
|
|
Dominican Republic (DO) |
Pesticide residues(3) (10) |
50 |
||||
|
|
20 20 |
|
|
|
||||
|
|
10 10 |
|
|
|
||||
|
|
|
Egypt (EG) |
Pesticide residues(3) (8) |
20 |
||||
|
|
20 20 |
|
|
|
||||
|
|
|
Ethiopia (ET) |
Salmonella (2) |
50 |
||||
|
|
|
Georgia (GE) |
Aflatoxins |
50 |
||||
|
|
|
|
|
|
||||
|
|
40 |
|
|
|
||||
|
|
30 20 30 |
|
|
|
||||
|
|
|
Ghana (GH) |
Sudan dyes(9) |
50 |
||||
|
|
90 |
|
|
|
||||
|
|
20 30 |
India (IN) |
Pesticide residues(3) (10) |
10 |
||||
|
|
20 20 |
India (IN) |
Pesticide residues(3) (11) |
20 |
||||
|
|
|
Kenya (KE) |
Pesticide residues(3) |
5 |
||||
|
|
20 |
Cambodia (KH) |
Pesticide residues(3) (12) |
50 |
||||
|
|
10 10 |
Cambodia (KH) |
Pesticide residues(3) (13) |
50 |
||||
|
|
11; 19 |
Lebanon (LB) |
Rhodamine B |
50 |
||||
|
|
93 |
Lebanon (LB) |
Rhodamine B |
50 |
||||
|
|
|
Sri Lanka (LK) |
Aflatoxins |
50 |
||||
|
20 11; 19 79 |
|
|
|
|||||
|
|
|
Madagascar (MG) |
Aflatoxins |
50 |
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|
|
|
|
|
|
||||
|
|
|
|
|
|
||||
|
|
|
|
|
|
||||
|
|
20 |
Malaysia (MY) |
Pesticide residues(3) |
20 |
||||
|
|
|
Nigeria (NG) |
Salmonella(2) |
50 |
||||
|
|
20 20 |
Pakistan (PK) |
Pesticide residues(3) |
20 |
||||
|
|
10 10 |
Serbia (RS) |
Norovirus |
10 |
||||
|
|
|
Sudan (SD) |
Salmonella(2) |
50 |
||||
|
|
10 10 50 |
Sierra Leone (SL) |
Aflatoxins |
50 |
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|
|
|
Senegal (SN) |
Aflatoxins |
50 |
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|
|
|
|
|
|
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|
|
|
|
|
|
||||
|
|
|
|
|
|
||||
|
|
11; 19 |
Syria (SY) |
Rhodamine B |
50 |
||||
|
|
93 |
Syria (SY) |
Rhodamine B |
50 |
||||
|
|
20 20 |
Thailand (TH) |
Pesticide residues(3) (14) |
10 |
||||
|
|
|
Turkey (TR) |
Sulphites(15) |
10 |
||||
|
|
|
|
|
|
||||
|
|
|
Turkey (TR) |
Ochratoxin A |
5 |
||||
|
|
|
Turkey (TR) |
Pesticide residues(3) |
10 |
||||
|
|
30 |
Turkey (TR) |
Pesticide residues(3) (16) |
10 |
||||
|
|
|
Turkey (TR) |
Pesticide residues(3) (17) |
10 |
||||
|
|
20 |
Turkey (TR) |
Cyanide |
50 |
||||
|
|
20 20 |
Uganda (UG) |
Pesticide residues(3) |
20 |
||||
|
|
|
Uganda (UG) |
Salmonella(2) |
50 |
||||
|
|
|
United States (US) |
Aflatoxins |
10 |
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|
|
|
|
|
|
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|
|
|
|
|
|
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|
|
|
|
|
|
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|
|
|
United States (US) |
Aflatoxins |
10 |
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|
|
|
|
|
|
||||
|
|
20 20 |
|
|
|
||||
|
|
|
Uzbekistan (UZ) |
Sulphites(15) |
50 |
||||
|
|
|
|
|
|
||||
|
|
72 |
Vietnam (VN) |
Pesticide residues(3) (20) |
50 |
||||
|
|
20 |
|
|
|
||||
|
|
30 |
|
|
|
||||
|
|
40 |
|
|
|
||||
|
|
20 30 |
Vietnam (VN) |
Pesticide residues(3) (20) |
50 |
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|
|
20 20 |
Vietnam (VN) |
Pesticide residues(3) (20) |
50 |
ANNEX II
Food and feed from certain third countries subject to special conditions for the entry into the Union due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination
1.
Food and feed of non-animal origin referred to in Article 1(1)(b)(i)
Food and feed (intended use) |
CN code(1) |
TARIC sub-division |
Country of origin |
Hazard |
Frequency of physical and identity checks (%) |
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|
|
|
Argentina (AR) |
Aflatoxins |
5 |
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|
|
|
|
|
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Azerbaijan (AZ) |
Aflatoxins |
20 |
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|
|
|
|
|
|
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|
|
70 70 70 |
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|
|
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|
|
70 40 05; 06 33 23 |
|
|
|
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|
|
15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 30 30 30 20 30 |
|
|
|
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|
|
40 |
|
|
|
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|
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|
|
|
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|
|
30 30 30 20 30 |
|
|
|
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|
|
20 |
|
|
|
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|
|
|
Brazil (BR) |
Aflatoxins |
50 |
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|
|
20 20 20 20 |
|
|
|
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|
|
|
Brazil (BR) |
Aflatoxins |
10 |
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|
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China (CN) |
Aflatoxins |
20 |
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|
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Egypt (EG) |
Aflatoxins |
20 |
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Ethiopia (ET) |
Aflatoxins |
50 |
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|
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|
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Ghana (GH) |
Aflatoxins |
50 |
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Gambia (GM) |
Aflatoxins |
50 |
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|
|
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|
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|
Indonesia (ID) |
Aflatoxins |
20 |
||||
|
|
10 |
India (IN) |
Salmonella (2) |
10 |
||||
|
|
|
India (IN) |
Aflatoxins |
20 |
||||
|
11; 19 20 79 |
|
|
|
|||||
|
|
|
India (IN) |
Aflatoxins |
20 |
||||
|
|
10 |
India (IN) |
Pesticide residues(3) (4) |
20 |
||||
|
|
|
India (IN) |
Aflatoxins |
10 |
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|
|
|
|
|
|
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|
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|
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|
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|
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|
|
|
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|
|
10 |
India (IN) |
Pentachlorophenol and dioxins(5) |
5 |
||||
|
|
|
India (IN) |
Salmonella (6) |
20 |
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|
|
|
Iran (IR) |
Aflatoxins |
50 |
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|
|
|
|
|
|
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|
|
60 60 60 |
|
|
|
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|
|
60 30 03; 04 32 22 |
|
|
|
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|
|
20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 |
|
|
|
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|
|
50 |
|
|
|
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|
ex 1207 70 00 ; ex 1208 90 00 ; ex 2008 99 99 |
10 10 50 |
Nigeria (NG) |
Aflatoxins |
50 |
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|
|
|
Sudan (SD) |
Aflatoxins |
50 |
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|
|
|
|
|
|
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|
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|
|
|
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|
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|
Turkey (TR) |
Aflatoxins |
20 |
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|
|
50 |
|
|
|
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|
|
50 20 01; 02 31 21 |
|
|
|
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|
|
11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 10 10 10 10 60 95 60 |
|
|
|
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|
|
60 |
|
|
|
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|
|
|
Turkey (TR) |
Aflatoxins |
5 |
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|
|
|
|
|
|
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|
|
70 70 70 |
|
|
|
||||
|
|
70 40 05; 06 33 23 |
|
|
|
||||
|
|
15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 30 30 30 20 30 |
|
|
|
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|
|
40 |
|
|
|
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|
|
|
|
|
|
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|
|
30 30 30 20 30 |
|
|
|
||||
|
|
20 |
|
|
|
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|
|
|
Turkey (TR) |
Aflatoxins |
50 |
||||
|
|
|
|
|
|
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|
|
60 60 60 |
|
|
|
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|
|
60 30 |
|
|
|
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|
|
03; 04 32 22 20 20 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 |
|
|
|
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|
|
50 |
|
|
|
||||
|
|
11, 19 |
Turkey (TR) |
Pesticide residues(3) (8) |
20 |
||||
|
|
10 |
Vietnam (VN) |
Pesticide residues(3) (9) |
10 |
2.
Compound food referred to in Article 1(1)(b)(ii)
Compound food containing any of the individual products listed in table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20 % of either a single product or as the sum of products listed |
|
CN Code(1) |
Description(7) |
ex 1704 90 |
Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated |
ex 1806 |
Chocolate and other food preparations containing cocoa |
ex 1905 |
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |
ANNEX III
(1)
Sampling procedures and analytical reference methods referred to in Article 3(e)
Analytical reference method(1) |
Weight of consignment |
Number of sample units (n) |
Sampling procedures |
Analytical result required for each sample unit of the same consignment |
EN ISO 6579-1 |
Less than 20 tonnes |
5 |
n sample units are collected of a minimum of 100 g each. If batches are identified in the CHED, the sample units shall be collected from the different batches randomly chosen from the consignment. If batches cannot be identified, the sample units are collected randomly from the consignment. Pooling of sample units is not allowed. Each sample unit shall be tested separately. |
No detection of Salmonella in 25 g |
Greater than or equal to 20 tonnes |
10 |
Analytical reference method(2) |
Weight of consignment |
Number of sample units (n) |
Sampling procedures |
Analytical result required for each sample unit of the same consignment |
EN ISO 6579-1 |
Any weight |
5 |
n sample units are collected of a minimum of 100 g each. If batches are identified in the CHED, the sample units shall be collected from the different batches randomly chosen from the consignment. If batches cannot be identified, the sample units are collected randomly from the consignment. Pooling of sample units is not allowed. Each sample unit shall be tested separately. |
No detection of Salmonella in 25 g |
ANNEX IV
MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED
NOTES ON THE COMPLETION OF THE MODEL OFFICIAL CERTIFICATE REFERRED TO IN ARTICLE 11 OF IMPLEMENTING REGULATION (EU) 2019/1793 FOR THE ENTRY INTO THE UNION OF CERTAIN FOOD OR FEED
General
Part I: Details of the dispatched consignment
Country: |
The name of the third country issuing the certificate. |
Box I.1. |
Consignor/Exporter: the name and address (street, city and region, province or state, as appropriate) of the natural or legal person dispatching the consignment that must be located in the third country. |
Box I.2. |
Certificate reference No: the unique mandatory code assigned by the competent authority of the third country in accordance with its own classification. This box is compulsory for all certificates not submitted in IMSOC. |
Box I.2.a |
IMSOC reference No: the unique reference code automatically assigned by IMSOC, if the certificate is registered in IMSOC. This box must not be completed if the certificate is not submitted in IMSOC. |
Box I.3. |
Central competent authority: name of the central authority in the third country issuing the certificate. |
Box I.4. |
Local competent authority: if applicable, the name of the local authority in the third country issuing the certificate. |
Box I.5. |
Consignee/Importer: name and address of the natural or legal person to whom the consignment is intended in the Member State. |
Box I.6. |
Operator responsible for the consignment: the name and address of the person in the European Union in charge of the consignment when presented to the BCP and who makes the necessary declarations to the competent authorities either as the importer or on behalf of the importer. This box is optional. |
Box I.7. |
Country of origin: the name and ISO code of the country where the goods are originating from, grown, harvested or produced. |
Box I.8. |
Not applicable. |
Box I.9. |
Country of destination: the name and ISO code of the European Union country of destination of the products. |
Box I.10. |
Not applicable. |
Box I.11. |
Place of dispatch: the name and address of the holdings or establishments from which the products come from. Any unit of a company in the food or feed sector. Only the establishment shipping the products is to be named. In the case of trade involving more than one third country (triangular movement), the place of dispatch is the last third-country establishment of the export chain from which the final consignment is transported to the European Union. |
Box I.12. |
Place of destination: this information is optional. For the placing on the market: the place where the products are sent for final unloading. Give the name, address and approval number of the holdings or establishments of the place of destination, if applicable. |
Box I.13. |
Place of loading: not applicable. |
Box I.14. |
Date and time of departure: the date when the means of transport departs (aeroplane, vessel, railway or road vehicle). |
Box I.15. |
Means of transport: means of transport leaving the country of dispatch. Mode of transport: aeroplane, vessel, railway, road vehicle or other. ‘Other’ means modes of transport not covered by Council Regulation (EC) No 1/2005(2). Identification of the means of transport: for aeroplanes the flight number, for vessels the ship name(s), for railways the train identity and wagon number, for road transports the registration number plate with trailer number plate if applicable. In the case of a ferry, state the identification of the road vehicle, the registration number plate with trailer number plate if applicable, and the name of the scheduled ferry. |
Box I.16. |
Entry BCP: state the name of the BCP and its identification code assigned by IMSOC. |
Box I.17. |
Accompanying documents: Laboratory report: indicate the reference number and the date of issuance of the report/results of laboratory analyses referred to in Article 10 of Implementing Regulation (EU) 2019/1793 (this Regulation). Other: the type and reference number of document must be stated when a consignment is accompanied by the other documents such a commercial document (for example, the airway bill number, the bill of lading number or the commercial number of the train or road vehicle). |
Box I.18. |
Transport conditions: category of required temperature during the transport of products (ambient, chilled, frozen). Only one category may be selected. |
Box I.19. |
Container No/Seal No: if applicable, the corresponding numbers. The container number must be provided if the goods are transported in closed containers. Only the official seal number must be stated. An official seal applies if a seal is affixed to the container, truck or rail wagon under the supervision of the competent authority issuing the certificate. |
Box I.20. |
Goods certified as: state the intended use for products as specified in the relevant European Union official certificate. Human consumption: concerns only products intended for human consumption. Feedingstuff: concerns only products intended for animal feed. |
Box I.21. |
Not applicable |
Box I.22. |
For internal market: for all consignments destined to be placed on the market in the European Union. |
Box I.23. |
Total number of packages: the number of packages. In the case of bulk consignments, this box is optional. |
Box I.24. |
Quantity: Total net weight: this is defined as the mass of the goods themselves without immediate containers or any packaging. Total gross weight: overall weight in kilograms. This is defined as the aggregate mass of the products and of the immediate containers and all their packaging, but excluding transport containers and other transport equipment. |
Box I.25. |
Description of goods: State the relevant Harmonised System code (HS code) and the title defined by the World Customs Organisation as referred to in Council Regulation (EEC) No 2658/87(3). This customs description shall be supplemented, if necessary, by additional information required to classify the products. Indicate the species, types of products, the number of packages, type of packaging, batch number, net weight, and final consumer (i.e. products are packed for final consumer). Species: the scientific name or as defined in accordance with European Union legislation. Type of packaging: identify the type of packaging according to the definition given in Recommendation No 21(4) of UN/CEFACT (United Nations Centre for Trade Facilitation and Electronic Business). |
Part II: Certification
Box II. |
Health information: please complete this part in accordance with the specific European Union health requirements relating to the nature of the products and as defined in the equivalence agreements with certain third countries or in other European Union legislation, such as that for certification. Select among points II.2.1, II.2.2, II.2.3 and II.2.4, the point corresponding to the category of product and the hazard for which the certification is given. In case the official certificates is not submitted in IMSOC, the statements which are not relevant must be crossed out, initialled and stamped by the certifying officer, or completely removed from the certificate. In case the certificate is submitted in IMSOC, the statements which are not relevant must be crossed out or completely removed from the certificate. |
Box II.a. |
Certificate reference No: same reference code as in box I.2. |
Box II.b. |
IMSOC reference No: same reference code as in box I.2.a. Mandatory only for official certificates issued in IMSOC. |
Certifying officer: |
Official of the competent authority of the third country authorised to sign official certificates by such authorities: Indicate the name in capital letters, qualification and title, where applicable, identification number and original stamp of the competent authority and date of signature. |