SECTION 3 SPECIAL CONDITIONS GOVERNING THE ENTRY INTO THE UNION OF CERTAIN FOOD AND FEED FROM CERTAIN THIRD COUNTRIES
Article 7Entry into the Union
1.Consignments of food and feed listed in Annex II shall only enter into the Union 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 from the Combined Nomenclature and the TARIC sub-division 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 the Union and at control points.
Article 8Frequency 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 9Identification 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 10Results 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 and Directive 2002/32/EC 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’.
Article 11Official certificate
1.Each consignment of food and feed listed in Annex II shall be accompanied by an official certificate in accordance with the model set out in Annex IV (‘official certificate’).
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 Information Management System for Official Controls referred to in Article 131 of Regulation (EU) 2017/625 (IMSOC) by the competent authority of the third country issuing the certificate shall also meet the requirements for model official certificates not submitted in IMSOC 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 the notes set out in Annex IV.