Commission Implementing Regulation (EU) 2021/2246 of 15 December 2021 amending Implementing Regulation (EU) 2019/1793 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 (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 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 (1), and in particular Article 53(1), point (b)(ii), thereof,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2), and in particular Article 47(2), point (b), and Article 54(4), points (a) and (b), thereof,

Whereas:

(1) Commission Implementing Regulation (EU) 2019/1793 (3) lays down rules on the temporary increase of official controls at the entry into the Union on certain food and feed of non-animal origin from certain third countries listed in Annex I to that Implementing Regulation, and on the imposition of special conditions governing the entry into the Union of certain consignments of food and feed from certain third countries due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins, and microbiological contamination, listed in Annex II to that Implementing Regulation.

(2) Article 12 of Implementing Regulation (EU) 2019/1793 provides that the lists set out in Annexes I and II to that Implementing Regulation are to be reviewed at regular intervals not exceeding 6 months, in order to take into account new information related to risks to human health and non-compliance with Union legislation, such as the data resulting from notifications received through the rapid alert system established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks communicated by the Member States to the Commission.

(3) The occurrence and relevance of recent food incidents notified through the Rapid Alert System for Food and Feed (‘RASFF’) indicating the existence of a serious direct or indirect risk to human health deriving from food or feed, as established by Regulation (EC) No 178/2002, and information regarding official controls performed by Member States on food and feed of non-animal origin in the first semester of 2021 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union.

(4) Groundnuts and products produced from groundnuts from Argentina have been subject to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Those results provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. As a consequence, it is not necessary to continue to provide that each consignment is accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 of the European Parliament and of the Council (4). At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry concerning groundnuts from Argentina in Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 5 % of consignments entering the Union.

(5) Hazelnuts and products produced from hazelnuts from Azerbaijan have been subject to an increased level of official controls due to the risk of contamination by aflatoxins since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Those results provide evidence that the entry of those foodstuffs into the Union does not constitute a serious risk for human health. As a consequence, it is not necessary to continue to provide that each consignment has been accompanied by an official certificate stating that all results of sampling and analysis show compliance with the Regulation (EC) No 396/2005. At the same time, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. Therefore, the entry concerning hazelnuts from Azerbaijan in Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, maintaining the level of frequency of identity and physical checks at 20 % of consignments entering the Union.

(6) Black pepper (Piper nigrum) from Brazil has been subject to an increased level of official controls due to the risk of contamination by Salmonella since January 2019. The official controls carried out on those foodstuffs by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.

(7) It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of black pepper (Piper nigrum) from Brazil. In particular, all consignments of black pepper from Brazil should be accompanied by an official certificate stating that all results of sampling and analysis show the absence of Salmonella in 25 g. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on black pepper from Brazil in Annex I to Implementing Regulation (EU) 2019/1793 should be transferred to Annex II to that Implementing Regulation with a frequency of identity and physical checks set at 50 % of consignments entering the Union.

(8) In relation to consignments of Galia melons (Cucumis melo var. reticulatus) from Honduras, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by Salmonella Braenderup. It is therefore necessary to require an increased level of official controls on entries of those commodities from Honduras. Such commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

(9) Sweet peppers (Capsicum annum) from China have been subjected to an increased level of official controls due to the risk of contamination by Salmonella since January 2019. The official controls carried out by the Member States and available information show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls at the level of 20 % of consignments entering the Union is no longer justified for this commodity. However, Member States should continue to carry out controls to ensure that the current level of compliance will be maintained. The corresponding entry in Annex I to Implementing Regulation (EU) 2019/1793 should be modified and the frequency of identity and physical checks decreased to 10 % of consignments entering the Union.

(10) Aubergines (Solanum melongena) from the Dominican Republic have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2019. The official controls carried out on those foodstuffs by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.

(11) It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to aubergines (Solanum melongena) from the Dominican Republic. In particular, all consignments of that commodity from the Dominican Republic should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on aubergines (Solanum melongena) from the Dominican Republic in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks maintained at 50 % of consignments entering the Union.

(12) Peppers of the genus Capsicum and Yardlong beans from the Dominican Republic have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2010. The official controls carried out on those foodstuffs by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.

(13) It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to peppers of the genus Capsicum and Yardlong beans from the Dominican Republic. In particular, all consignments of peppers of the genus Capsicum and Yardlong beans from the Dominican Republic should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on peppers of the genus Capsicum and Yardlong beans from the Dominican Republic in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks maintained at 50 %.

(14) In relation to consignments of drumsticks (Moringa oleifera) from India, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of this commodity from India. Such commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.

(15) In relation to consignments of peppers of the genus Capsicum (other than sweet) from India, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex II to Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 20 %.

(16) In relation to consignments of rice from India and Pakistan, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by aflatoxins and ochratoxine A. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of those commodities from India and Pakistan should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.

(17) In relation to consignments of gotukola (Centella asiatica) and mukunuwenna (Alternanthera sessilis) from Sri Lanka, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of those commodities from Sri Lanka should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.

(18) Hazelnuts and products produced from hazelnuts from Turkey have been subject to an increased level of official controls due to the risk of contamination by aflatoxins April 2021. The official controls carried out on those foodstuffs by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for this commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

(19) In relation to consignments of grapefruits from Turkey, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of that commodity from Turkey should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 %.

(20) Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey have been subject to an increased level of official controls due to the risk of contamination by pesticide residues since January 2020. The official controls carried out on those foodstuffs by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those results provide evidence that the entry of those foodstuffs into the Union constitutes a serious risk for human health.

(21) It is therefore necessary, in addition to the increased level of official controls, to provide for the imposition of special conditions in relation to mandarins and oranges from Turkey. In particular, all consignments of mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids and oranges from Turkey should be accompanied by an official certificate stating that all results of sampling and analysis show compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides for consignments of food and feed listed in Annex II to Implementing Regulation (EU) 2019/1793 due to the contamination risk by pesticide residues. The results of the sampling and analysis should be attached to that certificate. Therefore, the entry on mandarins and oranges from Turkey in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation with a frequency of identity and physical checks raised to 20 %.

(22) In relation to consignments of cumin seeds and dried oregano from Turkey, the data resulting from notifications in the RASFF and information regarding official controls performed by Member States indicate the emergence of new risks to human health, due to a possible contamination by pyrrolizidine alkaloids. It is therefore necessary to require an increased level of official controls on entries of such consignments. Entries of these commodities from Turkey should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

(23) In relation to pitahaya (dragon fruit) from Vietnam, a high frequency of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by Member States in accordance with Annex II to Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on such consignments to 20 %.

(24) The risk arising from contamination of groundnuts by aflatoxins is associated as well with groundnuts paste. Therefore to ensure efficient protection against potential health risks arising from contamination of groundnuts paste by aflatoxins, in the columns referring to ‘Food and feed (intended use)’ and ‘CN code’ in Annex I and in Table 1 of Annex II to Implementing Regulation (EU) 2019/1793, the category ‘groundnuts paste’ and relevant CN codes for groundnuts paste should be added for the entries relating to groundnuts for Argentina, Bolivia, Brazil, China, Madagascar, Senegal and for the United States in Annex I and for Egypt, Ghana, Gambia, India and Sudan in Annex II.

(25) Sesamum seeds from India have been subjected to an increased level of official controls in view of a risk of contamination by pesticide residues including ethylene oxide since October 2020. The official controls carried out by Member States and available information show improvement in compliance with the relevant requirements in Union legislation regarding pesticide residues other than ethylene oxide. Therefore, an increased level of official controls of consignments of sesamum seed for the possible contamination with pesticide residues that can be analysed with multi-residues methods is no longer necessary for this commodity. Therefore the corresponding entry in Annex II to Implementing Regulation (EU) 2019/1793 should be modified accordingly.