The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2024

Made: 31 January 2024

Laid before Senedd Cymru: 2 February 2024

Coming into force: 7 March 2024

Articles 34(6), 47(2)(b), 54(4)(a) and (b) and 144(6)(a) of Regulation (EU) 2017/625 of the European Parliament and of the Council 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[^f00001];

Articles 53(1)(b) and 57a(6)(a) of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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[^f00002].

There has been consultation as required by Article 144(7) of Regulation (EU) 2017/625 and as required by Article 9 of Regulation (EC) No 178/2002.

Title, extent, application and coming into force

1

• (1) The title of these Regulations is the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2024.

• (2) These Regulations—

• (a) extend to England and Wales;

• (b) apply in relation to Wales;

• (c) come into force on 7 March 2024.

Amendment of Commission Implementing Regulation (EU) 2019/1793

2

• (1) Commission 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[^f00003] is amended as follows.

• (2) In Article 3 (sampling and analyses)—

• (a) after paragraph (e) insert—

(ea) for food listed in Annex 2 due to the risk of presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex 3a;

• (b) in paragraph (f), for “and (e)” substitute “, (e) and (ea)”.

• (3) In Article 10 (results of sampling and analyses performed by the competent authorities of the third country), in paragraph (2), after sub-paragraph (d) insert—

(e) the absence of Listeria in 25 g, for consignments of food listed in Annex 2 due to risk of microbiological contamination by Listeria.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) After Annex 3, insert the Annex 3a contained in Schedule 3 to these Regulations.

Amendment of the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2022

3

In the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2022[^f00004]—

• (a) in regulation 2 (amendment of Commission Implementing Regulation (EU) 2019/1793), omit paragraphs (2) and (3);

• (b) omit Schedules 1 and 2.

SCHEDULE 1 — Annex to be substituted for Annex 1 to Commission Implementing Regulation (EU) 2019/1793

SCHEDULE 2 — Annex to be substituted for Annex 2 to Commission Implementing Regulation (EU) 2019/1793

SCHEDULE 3 — Annex 3a to be inserted into Commission Implementing Regulation (EU) 2019/1793

Signed

Lynne Neagle — Deputy Minister for Mental Health and Wellbeing, under the authority of the Minister for Health and Social Services, one of the Welsh Ministers — 31 January 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend, in relation to Wales, Commission 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 (EUR 2019/1793).

Regulation 2 makes provision to update the lists of high-risk food and feed of non-animal origin in Annexes 1 and 2 to EUR 2019/1793. Regulation 2(4) and (5), and Schedules 1 and 2, substitute those Annexes. The substitution of Annex 1 is made using powers in Articles 47(2)(b) and 54(4)(a) of Regulation (EU) 2017/625 of the European Parliament and of the Council 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 (EUR 2017/625). The substitution of Annex 2 is made using powers in Article 53 of Regulation (EC) No 178/2002 of the European Parliament and of the Council 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 (EUR 2002/178) and Article 54(4)(b) of EUR 2017/625.

Regulation 2(2), (3) and (6), and Schedule 3, amend EUR 2019/1793 to make provision in relation to sampling and analysis for the hazard Listeria. The prescribed sampling procedure and analytical reference method for the control of presence of Listeria in food is set out in the new Annex 3a to EUR 2019/1793 (inserted by regulation 2(6) and Schedule 3).

Regulation 3 makes consequential amendments to the Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (Wales) Regulations 2022 (S.I. 2022/1330 (W. 269), to remove earlier amendments to EUR 2019/1793 that are superseded by the amendments made by these Regulations.

Annex 1 to EUR 2019/1793 contains the list of food and feed of non-animal origin that is subject to a temporary increase in official controls at border control posts or at control points in Great Britain. The changes being made to Annex 1 are as follows.

• A new entry for groundnuts paste from Bolivia (for aflatoxins). The frequency of checks is prescribed at 50%.

• The entries for groundnuts (peanuts) and associated products, from Brazil, (for aflatoxins) have been removed.

• A correction to the table footnote reference in the entry for groundnuts (peanuts) and associated products, from Brazil (for pesticides residues).

• A new entry for groundnuts paste from Brazil (for pesticide residues). The frequency of checks is prescribed at 20%.

• A new entry for groundnuts paste from China (for aflatoxins). The frequency of checks is prescribed at 10%.

• The frequency of checks on sweet peppers (Capsicum annum) from China (for Salmonella) is decreased to 10% (from 20%).

• A new entry for granadilla (Passiflora ligularis) and passion fruit (Passiflora edulis) from Colombia (for pesticide residues). The frequency of checks is prescribed at 10%.

• A correction to the entry for yardlong beans from the Dominican Republic (for pesticides residues).

• A new entry for bananas from Ecuador (for pesticide residues). The frequency of checks is prescribed at 5%.

• A new entry for oranges from Egypt (for pesticide residues). The frequency of checks is prescribed at 10%.

• The frequency of checks on palm oil from Ghana (for Sudan dyes) is decreased to 20% (from 50%).

• A new entry for cinnamon and cinnamon-tree flowers from India (for pesticide residues). The frequency of checks is prescribed at 10%.

• A new entry for cloves (whole fruit, cloves and stems) from India (for pesticide residues). The frequency of checks is prescribed at 10%.

• A new entry for drumsticks (Moringa oleifera) from India (for pesticide residues). The frequency of checks is prescribed at 20%.

• A new entry for ginger, saffron, turmeric (Curcuma), thyme, bay leaves, curry and other spices, from India (for pesticide residues). The frequency of checks is prescribed at 10%.

• A new entry for nutmeg, mace and cardamoms from India (for pesticide residues). The frequency of checks is prescribed at 10%.

• New entries for rice from India (for aflatoxins and ochratoxin A, and for pesticide residues). The frequencies of checks for aflatoxins and ochratoxin A, and for pesticide residues are prescribed at 5%.

• A new entry for seeds of anise, badian, fennel, coriander, cumin or caraway, and for juniper berries, from India (for pesticide residues). The frequency of checks is prescribed at 10%.

• A new entry for melon seeds from Iran (for aflatoxins). The frequency of checks is prescribed at 10%.

• A new entry for peppers of the genus Capsicum(other than sweet) from Kenya (for pesticide residues). The frequency of checks is prescribed at 10%.

• A correction to the entry for yardlong beans from Cambodia (for pesticides residues).

• A new entry for cow peas (Vigna unguiculatasubspp.) from Madagascar (for pesticide residues). The frequency of checks is prescribed at 10%.

• New entries for rice from Pakistan (for aflatoxins and ochratoxin A, and for pesticide residues). The frequencies of checks for aflatoxins and ochratoxin A, and for pesticide residues are prescribed at 5%.

• The entry for spice mixes from Pakistan (for aflatoxins) has been removed. The entry is transferred into Annex 2, Table 1 with a decrease to the frequency of checks (from 50% to 10%).

• A new entry for groundnuts paste from Senegal (for aflatoxins). The frequency of checks is prescribed at 50%.

• A new entry for Sesamum seeds from Syria. The frequency of checks is prescribed at 10%.

• A new entry for tahini and halva from Sesamum seeds, from Syria. The frequency of checks is prescribed at 10%.

• The frequency of checks on peppers of the genus Capsicum (other than sweet) from Thailand is increased to 50% (from 20%).

• The entries for hazelnuts (Corylusspp.) and associated products, from Türkiye, (for aflatoxins) have been removed.

• A new entry for groundnuts paste from the United States (for aflatoxins). The frequency of checks is prescribed at 10%.

• A new entry for pitahaya (dragon fruit) from Vietnam (for pesticide residues). The frequency of checks is prescribed at 50%. The entry is transferred into Annex 1 (from Annex 2, Table 1) with an increase in the frequency of checks (from 10%).

In Annex 2 to EUR 2019/1793, Table 1 contains the list of food and feed of non-animal origin for which special conditions are prescribed governing their entry into Great Britain. The changes being made to Annex 2, Table 1, are as follows.

• A new entry for enoki mushrooms from China (for Listeria). The frequency of checks is prescribed at 20%.

• A new entry for groundnuts paste from Egypt (for aflatoxins). The frequency of checks is prescribed at 20%.

• A new entry for vine leaves from Egypt (for pesticide residues). The frequency of checks is prescribed at 20%.

• A new entry for groundnuts paste from Ghana (for aflatoxins). The frequency of checks is prescribed at 50%.

• A new entry for groundnuts paste from The Gambia (for aflatoxins). The frequency of checks is prescribed at 50%.

• The frequency of checks on nutmeg (Myristica fragrans) from Indonesia (for aflatoxins) is decreased to 10% (from 20%).

• A new entry for groundnuts paste from India (for aflatoxins). The frequency of checks is prescribed at 50%.

• A new entry for peppers of the genus Capsicum (sweet or other than sweet) (food – dried, roasted, crushed or ground) from India (for pesticide residues). The frequency of checks is prescribed at 20%.

• The frequency of checks on peppers of the genus Capsicum (other than sweet) (food – fresh, chilled or frozen) from India (for pesticide residues) is increased to 20% (from 10%).

• A new entry for enoki mushrooms from South Korea (for Listeria). The frequency of checks is prescribed at 20%.

• A new entry for spice mixes from Pakistan (for aflatoxins). The frequency of checks is prescribed at 10%. The entry is transferred into Annex 2, Table 1 (from Annex 1) with a decrease to the frequency of checks (from 50%).

• A new entry for groundnuts paste from Sudan (for aflatoxins). The frequency of checks is prescribed at 50%.

• The entry for pitahaya (dragon fruit) from Vietnam (for pesticides residues) has been removed. The entry is transferred into Annex 1 with an increase in the frequency of checks (from 10% to 50%).

In Annex 2 to EUR 2019/1793, Table 2 contains a list of compound food containing any of the food listed in Table 1 to Annex 2 due to the risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of those products. Table 2 is restated with no changes.

Annex 2a to EUR 2019/1793 contains the list of food and feed of non-animal origin that is prohibited from entering Great Britain. There are no changes being made to Annex 2a.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: EUR 2017/625, amended by S.I. 2020/1481; there are other amending instruments but none is relevant. The term “the appropriate authority” is defined in Article 3(2A) of EUR 2017/625.

[^f00002]: EUR 2002/178, amended by S.I. 2019/641 and 2022/377. S.I. 2019/641 was amended by S.I. 2020/1504. The term “appropriate authority” is defined in Article 3(19) of EUR 2002/178.

[^f00003]: EUR 2019/1793, amended by S.I. 2020/1631 and 2022/1330 (W. 269); there are other amending instruments but none is relevant.

[^f00004]: S.I. 2022/1330 (W. 269).

Editorial notes

[^key-697d078bc34ed9aeed0da7360e608dab]: Reg. 2 in force at 7.3.2024, see reg. 1(2)(c)

[^key-4d8e291d885d265ce5347df1597794cf]: Reg. 1 in force at 7.3.2024, see reg. 1(2)(c)

[^key-e047eb06926bda2360485db4885a7d4b]: Sch. 3 in force at 7.3.2024, see reg. 1(2)(c)

[^key-904a868d5df988e9935dcd16796f4e1e]: Reg. 3 in force at 7.3.2024, see reg. 1(2)(c)

[^key-2f5ca754a6c5745a6dfc7687d3186514]: Sch. 1 omitted (18.12.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (No. 2) (Wales) Regulations 2024 (S.I. 2024/1214), regs. 1(2)(c), 3(b)

[^key-698dd7938c6807a76d983b9ac51e0e94]: Sch. 2 omitted (18.12.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (No. 2) (Wales) Regulations 2024 (S.I. 2024/1214), regs. 1(2)(c), 3(b)