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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend 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 Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (“Regulation (EU) 2019/1793”) in relation to England.

Regulation 2 replaces the tables in Annexes 1, 2 and 2a of Regulation (EU) 2019/1793.

In the first table in Annex I to Regulation (EU) 2019/1793, the following entries have been amended in respect of the frequency of identity and physical checks:

• increase from 20% to 50% for black pepper from Brazil for Salmonella;

• decrease from 50% to 20% for hazelnuts and associated products from Georgia for aflatoxins;

• increase from 10% to 20% for okra from India for pesticide residues;

• increase from 20% to 50% for jackfruit from Malaysia for pesticide residues;

• increase from 10% to 20% for peppers of the Capsicum species (other than sweet) from Thailand for pesticide residues;

• increase from 5% to 20% for mandarins (including tangerines and satsumas), clementine, wilkings and similar citrus hybrids from Turkey for pesticide residues;

• increase from 10% to 20% for oranges from Turkey for pesticide residues;

• increase from 10% to 20% sweet peppers (capsicum annuum) from Turkey for pesticides residues;

• increase from 20% to 50% for peppers of the Capsicum species (other than sweet) from Uganda for pesticide residues.

The following entries have been inserted into Annex 1 to Regulation (EU) 2019/1793:

• groundnuts (peanuts) and associated products from Brazil in respect of pesticide residues;

• food containing or consisting of betel leaves from Thailand;

• lemons from Turkey;

• peppers of the Capsicum species (other than sweet) from Turkey.

The following entries have been transferred from the first table in Annex 2 to Regulation (EU) 2019/1793 to the table in Annex 1 with no change in the frequency of identity and physical checks:

• groundnuts (peanuts) and associated products from Brazil;

• hazelnuts and associated products from Turkey.

The entry for groundnuts and associated products from China for aflatoxins has been transferred from the first table in Annex 1 to Regulation (EU) 2019/1793 to the table in Annex 1. The frequency of physical and identity checks has been decreased from 20% to 10%.

The following entries have been omitted from the table in Annex 1 to Regulation (EU) 2019/1793:

• goji berries from China for pesticides residues;

• dried grapes (including dried grapes cut or crushed into a paste without further treatment) from Turkey for Ochratoxin A;

• pistachios and associated products from the United States for aflatoxins.

The following entries have been transferred from Annex 1 to Regulation (EU) 2019/1793 to the first table in Annex 2 with no change in the frequency of identity and physical checks:

• sesamum seeds from Ethiopia.

• peppers of the Capsicum species (sweet or other than sweet) from Sri Lanka.

The following entries in the first table in Annex 2 to Regulation (EU) 2019/1793 have been amended in respect of identity and physical checks:

• increase from 10% to 50% for groundnuts (peanuts) and associated products from India for aflatoxins;

• increase from 20% to 50% for sesamum seeds from Sudan for Salmonella;

• increase from 20% to 50% for vine leaves from Turkey for pesticides residues.

The entry for food containing or consisting of betel leaves (Piper betle) from Bangladesh has been transferred from the table in Annex 2a to Regulation (EU) 2019/1793 to the first table in Annex 2.

An entry for sesamum seeds from Uganda has been included in the first table in Annex 2 to Regulation (EU) 2019/1793.

The entry for mixtures of spices has been included in the second table in Annex 2 to Regulation (EU) 2019/1793.

The TARIC sub-division for betel leaves (Piper betle) from Bangladesh, India and Thailand has been removed.

The TARIC sub-division for Guar Gum from India has been removed to reflect changes made by HMRC.

An impact assessment has not been produced for this instrument as no, or no significant impact on the public, private or voluntary sector is foreseen. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.