Commission Implementing Regulation (EU) 2019/1793Dangos y teitl llawn

SECTION 1 U.K. COMMON PROVISIONS

Article 1 U.K. Subject matter and scope

1. This Regulation lays down:

(a) the list of food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at their entry into [F1 Great Britain], established in Annex I, falling within the CN Codes and TARIC classifications laid down in that Annex, in accordance with Article 47(2)(b) of Regulation (EU) 2017/625;

(b) special conditions governing the entry into [F2 Great Britain] of the following categories of consignments of food and feed due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002:

(i)

consignments of food and feed of non-animal origin from third countries or parts of those third countries listed in Table 1 to Annex II and falling within the CN Codes and TARIC classifications laid down in that Annex;

(ii)

consignments of compound food containing any of the food listed in Table 1 to Annex II 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 and falling within the CN Codes laid down in Table 2 to that Annex;

[F3 (ba ) suspension of the entry into [F4 Great Britain] of the food and feed listed in Annex IIa;]

(c) rules on the frequency of identity checks and physical checks for the consignments of food and feed referred to in points (a) and (b) of this paragraph;

(d) rules on the methods to be used for sampling and for laboratory analyses for the consignments of food and feed referred to in points (a) and (b) of this paragraph, in accordance with Article 34(6)(a) of Regulation (EU) 2017/625;

(e) rules concerning the model official certificate required to accompany consignments of food and feed referred to in point (b) of this paragraph and the requirements for such official certificate, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002;

(f) rules for the issuance of replacement official certificates required to accompany consignments of food and feed referred to in point (b) of this paragraph, in accordance with Article 90(c) of Regulation (EU) 2017/625.

2. This Regulation applies to consignments of food and feed referred to in points (a) and (b) of paragraph 1 intended for placing on [F5 the market in Great Britain].

[F6 3 . This Regulation does not apply to the following categories of consignments of food and feed referred to in points (a) and (b) of paragraph 1 unless their net weight exceeds 30 kg:

( a ) consignments of food and feed sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;

( b ) consignments of food and feed which form part of passengers personal luggage and are intended for personal consumption or use;

( c ) non-commercial consignments of food and feed sent to natural persons which are not intended to be placed on the market;

( d ) consignments of food and feed intended for scientific purposes.]

4. This Regulation does not apply to food and feed referred to in points (a) and (b) of paragraph 1 on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers.

5. In case of doubt on the intended use of the food and feed referred in points (b) and (c) of paragraph (3), the burden of proof lies with the owner of the personal luggage and with the recipient of the consignment, respectively.

Textual Amendments

F1 Words in Art. 1(1)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(a) (with regs. 33-36)

F2 Words in Art. 1(1)(b) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(a) (with regs. 33-36)

F3 Inserted by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020 amending 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 implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2015/943 and Commission Implementing Decision 2014/88/EU (Text with EEA relevance).

F4 Words in Art. 1(1)(ba) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(a) (with regs. 33-36)

F5 Words in Art. 1(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(2)(b) (with regs. 33-36)

F6 Substituted by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020 amending 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 implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2015/943 and Commission Implementing Decision 2014/88/EU (Text with EEA relevance).

Article 2 U.K. Definitions

1. For the purposes of this Regulation, the following definitions shall apply:

(a) ‘consignment’ means ‘consignment’ as defined in Article 3(37) of Regulation (EU) 2017/625;

(b) ‘placing on the market’ means ‘placing on the market’ as defined in point (8) of Article 3 of Regulation (EC) No 178/2002.

[F7 (c) “appropriate computerised information management system” means the computerised information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.]

2. However, for the purposes of Articles 7, 8, 9, 10 and 11 and of Annex IV, a ‘consignment’ means:

(a) a ‘lot’ as referred to in Annex I to Regulation (EC) No 401/2006 and in Annex I to Regulation (EC) No 152/2009, in relation to food and feed listed in Annex II due to contamination risk by mycotoxins, including aflatoxins;

(b) a ‘lot’ as referred to in the Annex to Directive 2002/63/EC, in relation to food and feed listed in Annex II due to contamination risk by pesticides and pentachlorophenol.

Textual Amendments

F7 Art. 2(1)(c) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(3) (with regs. 33-36)

[F8 Article 2A U.K. References to CN codes and TARIC classifications

For the purpose of this Regulation, any reference to the Combined Nomenclature, CN codes, TARIC classifications, or a sub-division in respect of those codes or classifications, shall be read as a reference to the relevant corresponding provisions in the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018.]

Textual Amendments

F8 Art. 2A inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(4) (with regs. 33-36)

Article 3 U.K. Sampling and analyses

The sampling and the analyses to be carried out by competent authorities at border control posts or at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625, as part of physical checks on consignments of food and feed referred to in Article 1(1)(a) and (b), or in third countries for the purposes of the results of analyses which are required to accompany the consignments of food and feed referred to in Article 1(1)(b) as provided for in this Regulation shall be performed in accordance with the following requirements:

(a)

for food listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 401/2006;

(b)

for feed listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 152/2009;

(c)

for food and feed listed in Annexes I and II due to possible non-compliance with the maximum allowed levels of pesticides residues the sampling shall be performed in accordance with [F9 the methods described in the Annex to] Directive 2002/63/EC;

(d)

for guar gum listed in Annex II due to possible contamination with pentachlorophenol and dioxins the sampling for the analysis of pentachlorophenol shall be performed in accordance with [F10 the methods described in the Annex to] Directive 2002/63/EC and the sampling and analyses for the control of dioxins in feed shall be performed in accordance with Regulation (EC) No 152/2009;

(e)

for food listed in Annexes I and II due to the risk of presence of Salmonella, the sampling and the analyses for the control of Salmonella shall be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex III;

(f)

the methods of sampling and analyses referred to in the footnotes to Annexes I and II shall be applied in relation to hazards other than those referred to in points (a), (b), (c), (d) and (e).

Textual Amendments

F9 Words in Art. 3(c) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(5) (with regs. 33-36)

F10 Words in Art. 3(d) inserted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(5) (with regs. 33-36)

Article 4 U.K. Release for free circulation

The custom authorities shall only allow the release for free circulation of consignments of food and feed listed in Annexes I and II upon presentation of a duly finalised Common Health Entry Document (CHED) as provided for in Article 57(2)(b) of Regulation (EU) 2017/625, which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2) of that Regulation.

SECTION 2 U.K. TEMPORARY INCREASE OF OFFICIAL CONTROLS AT BORDER CONTROL POSTS AND CONTROL POINTS ON CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES

Article 5 U.K. List of food and feed of non-animal origin

1. Consignments of food and feed listed in Annex I shall be subject to a temporary increase of official controls at border control posts at their entry into [F11 Great Britain] and at control points.

2. The identification of the food and feed referred to in paragraph 1 for official controls shall be made on the basis of the codes from the Combined Nomenclature and the TARIC sub-division indicated in Annex I.

Textual Amendments

F11 Words in Art. 5(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(6) (with regs. 33-36)

Article 6 U.K. Frequency of identity checks and physical checks

1. The competent authorities at border control posts and at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625 shall carry out identity and physical checks, including sampling and laboratory analyses, on consignments of food and feed listed in Annex I at the frequency set out in that Annex.

2. The frequency of identity and physical checks set out in an entry in Annex I shall be applied as an overall frequency for all products falling under that entry.

SECTION 3 U.K. [F6 SPECIAL CONDITIONS GOVERNING THE ENTRY INTO [F12 GREAT BRITAIN] AND SUSPENSION OF ENTRY INTO [F12 GREAT BRITAIN] OF CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES]

Article 7 U.K. Entry into [F13 Great Britain]

1. Consignments of food and feed listed in Annex II shall only enter into [F14 Great Britain] in accordance with the conditions laid down in this section.

2. The identification of the food and feed referred to in paragraph 1 for official controls shall be made on the basis of the codes F15 ... indicated in Annex II.

3. Consignments referred to in paragraph 1 shall be subject to official controls at border control posts at their entry into [F16 Great Britain] and at control points.

Textual Amendments

F13 Words in Art. 7 heading substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(8)(a) (with regs. 33-36)

F14 Words in Art. 7(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(8)(b) (with regs. 33-36)

F15 Words in Art. 7(2) omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(8)(c) (with regs. 33-36)

F16 Words in Art. 7(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(8)(d) (with regs. 33-36)

Article 8 U.K. Frequency of identity checks and physical checks

1. The competent authorities at border control post and at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625 shall carry out identity and physical checks, including sampling and laboratory analyses, on consignments of food and feed listed in Annex II, at the frequency set out in that Annex.

2. The frequency of identity and physical checks set out in an entry in Annex II shall be applied as an overall frequency for all products falling under that entry.

3. Compound food listed in Table 2 to Annex II which contains products falling only under one entry in Table 1 to Annex II shall be subject to the overall frequency of identity and physical checks set out in Table 1 to Annex II for that entry.

4. Compound food listed in Table 2 to Annex II which contains products falling under several entries for the same hazard in Table 1 to Annex II shall be subject to the highest overall frequency of identity and physical checks set out in Table 1 to Annex II for these entries.

Article 9 U.K. Identification code

1. Each consignment of food and feed listed in Annex II shall be identified with an identification code.

2. Each individual bag or packaging form of the consignment shall be identified with that identification code.

3. By way of derogation from paragraph 2, in case of consignments of food and feed listed in Annex II due to the risk of contamination by mycotoxins and where the packaging is combining several small packages, it is not necessary for the identification code of the consignment to be mentioned individually on all the separate small packages as long as it is mentioned at least on the package combining these small packages.

Article 10 U.K. Results of sampling and analyses performed by the competent authorities of the third country

1. Each consignment of food and feed listed in Annex II shall be accompanied by the results of sampling and analyses performed on that consignment by the competent authorities of the third country of origin or of the country where the consignment is consigned from if that country is different from the country of origin.

2. On the basis of the results referred to in paragraph 1, the competent authorities shall ascertain:

(a) compliance with Regulation (EC) No 1881/2006 [F17 , Part 4 of the Animal Feed (Scotland) Regulation 2010, Part 6 of the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 and Part 6 of the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016] on maximum levels of relevant mycotoxins, for consignments of food and feed listed in Annex II due to contamination risk by mycotoxins;

(b) compliance with Regulation (EC) No 396/2005 on maximum residue levels of pesticides, for consignments of food and feed listed in Annex II due to contamination risk by pesticide residues;

(c) that the product does not contain more than 0,01 mg/kg pentachlorophenol (PCP), for consignments of food and feed listed in Annex II due to contamination risk by pentachlorophenol and dioxins;

(d) the absence of Salmonella in 25 g, for consignments of food listed in Annex II due to risk of microbiological contamination by Salmonella.

3. Each consignment of food and feed listed in Annex II due to contamination risk by pentachlorophenol and dioxins shall be accompanied by an analytical report which shall comply with the requirements set out in Annex II.

The analytical report shall include the results of the analyses referred to in paragraph 1.

4. The results of sampling and analyses referred to in paragraph 1 shall bear the identification code of the consignment to which they relate referred to in Article 9(1).

5. The analyses referred to in paragraph 1 shall be performed by laboratories accredited in accordance with the standard ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories’.

Textual Amendments

F17 Words in Art. 10(2)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(9) (with regs. 33-36)

Article 11 U.K. Official certificate

1. Each consignment of food and feed listed in Annex II shall be accompanied by an official certificate in accordance with the model [F18 published by the appropriate authority, as amended from time to time].

2. The official certificate shall comply with the following requirements:

(a) it shall be issued by the competent authority of the third country of origin or of the third country where the consignment is consigned from if that country is different from the country of origin;

(b) it shall bare the identification code of the consignment to which it relates referred to in Article 9(1);

(c) it shall be issued before the consignment to which it relates leaves the control of the competent authority of the third country issuing the certificate;

(d) it shall be valid for not more than four months from the date of issue, but in any case no longer than six months from the date of the results of the laboratory analyses referred to in paragraph 1 of Article 10.

3. An official certificate which is not submitted in the [F19 appropriate computerised information management system] by the competent authority of the third country issuing the certificate shall also meet the requirements for model official certificates not submitted in [F20 the appropriate computerised information management system] laid down in Article 3 of Implementing Regulation (EU) 2019/628.

4. Competent authorities may issue a replacement official certificate only in accordance with the rules laid down in Article 5 of Implementing Regulation (EU) 2019/628.

5. The official certificate referred to in paragraph 1 shall be completed on the basis of [F21 guidance which the appropriate authority may publish on its website, as amended from time to time].

Textual Amendments

F18 Words in Art. 11(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(10)(a) (with regs. 33-36)

F19 Words in Art. 11(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(10)(b)(i) (with regs. 33-36)

F20 Word in Art. 11(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(10)(b)(ii) (with regs. 33-36)

F21 Words in Art. 11(5) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(10)(c) (with regs. 33-36)

[F3 Article 11a U.K. Suspension of entry into [F22 Great Britain]

1 . [F23 Competent authorities] shall prohibit the entry into [F24 Great Britain] of the food and feed listed in Annex IIa.

2 . Paragraph 1 shall apply to food and feed intended for placing on [F25 the market in Great Britain], and to food and feed intended for private use or consumption within [F26 Great Britain].]

Textual Amendments

F3 Inserted by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020 amending 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 implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) 2015/943 and Commission Implementing Decision 2014/88/EU (Text with EEA relevance).

F22 Words in Art. 11a heading substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(11)(a) (with regs. 33-36)

F23 Words in Art. 11a(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(11)(b) (with regs. 33-36)

F24 Words in Art. 11a(1) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(11)(a) (with regs. 33-36)

F25 Words in Art. 11a(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(11)(c)(i) (with regs. 33-36)

F26 Words in Art. 11a(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(11)(c)(ii) (with regs. 33-36)

Textual Amendments

F12 Words in s. 3 heading substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(6) (with regs. 33-36)

SECTION 4 U.K. FINAL PROVISIONS

Article 12 U.K. Updates to Annexes

The [F27 appropriate authority must] review the lists set out in Annexes I and II on a regular basis not exceeding a period of six months, in order to take into account new information related to risks and non-compliance.

Textual Amendments

F27 Words in Art. 12 substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(12) (with regs. 33-36)

Article 13 U.K. Repeal

1. Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2017/186, (EU) 2015/175 and (EU) 2018/1660 are repealed with effect from 14 December 2019.

2. References to Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2017/186, (EU) 2015/175 and (EU) 2018/1660 shall be construed as references to this Regulation.

3. References to ‘the designated point of entry within the meaning of point (b) of Article 3 of Regulation (EC) No 669/2009’ or to ‘the designated point of entry’ in acts other than those referred to in paragraph 1 shall be construed as references to a ‘border control post’ within the meaning of Article 3(38) of Regulation (EU) 2017/625.

4. References to ‘the common entry document (CED) referred to in point (a) of Article 3 of Regulation (EC) No 669/2009’, to ‘the common entry document (CED) referred to in Annex II to Regulation (EC) No 669/2009’ or to ‘the common entry document (CED)’ in acts other than those referred to in paragraph 1 shall be construed as references to the ‘Common Health Entry Document (CHED)’ referred to in Article 56 of Regulation (EU) 2017/625.

5. References to the definition laid down in Article 3(c) of Regulation (EC) No 669/2009 in acts other than those referred to in paragraph 1 shall be construed as references to the definition of ‘consignment’ laid down in Article 3(37) of Regulation (EU) 2017/625.

F28 Article 14 U.K. Transitional period

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Art. 14 omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(13) (with regs. 33-36)

Article 15 U.K. Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 14 December 2019.

F29 ...

Textual Amendments

F29 Words omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 22(14) (with regs. 33-36)