2024 No. 119 (W. 27)

Agriculture, Wales
Food, Wales

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

Laid before Senedd Cymru

Coming into force

The Welsh Ministers make these Regulations in exercise of the powers conferred by—

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 force1

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) 2019/17932

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 countries3 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

For Annex 1, substitute the Annex 1 contained in Schedule 1 to these Regulations.

5

For Annex 2, substitute the Annex 2 contained in Schedule 2 to these Regulations.

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 20223

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 20224

a

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

b

omit Schedules 1 and 2.

Lynne NeagleDeputy Minister for Mental Health and Wellbeing, under the authority of the Minister for Health and Social Services, one of the Welsh Ministers

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

Regulation 2(4)

ANNEX 1Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points

Country of origin

Food and feed (intended use)

CN code (1)

TARIC sub-division

Hazard

Frequency of physical and identity checks (%)

Bolivia

(BO)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Brazil

(BR)

Black pepper (Piper)

(Food – neither crushed nor ground)

ex0904 11 00

10

Salmonella(2)

50

Groundnuts (peanuts),

in shell

(Food and feed)

1202 41 00

Pesticide residues (4)

20

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

China

(CN)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

10

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Sweet peppers (Capsicum annuum)

(Food – crushed or ground)

ex0904 22 00

11

Salmonella(3)

10

Tea, whether or not flavoured

(Food)

0902

Pesticide residues (4)(5)

20

Colombia

(CO)

Granadilla (Passiflora ligularis) and passion fruit (Passiflora edulis)

(Food)

ex0810 90 20

30

Pesticide residues (4)

10

Dominican Republic

(DO)

Aubergines (Solanum

melongena)

(Food – fresh or

chilled)

0709 30 00

Pesticide residues (4)

20

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)(6)

50

ex0710 80 59

20

Sweet peppers

(Capsicum annuum)

(Food – fresh, chilled or frozen)

0709 60 10

Pesticide residues (4)(6)

50

0710 80 51

Yardlong beans

(Vigna unguiculata

subsp. sesquipedalis)

(Food – fresh, chilled or frozen)

ex0708 20 00

10

Pesticide residues (4)(6)

50

ex0710 22 00

10

Ecuador

(EC)

Bananas

(Food - fresh or dried)

0803 90 10

Pesticide residues (4)

5

0803 90 90

Egypt

(EG)

Oranges

(Food – fresh or dried)

0805 10

Pesticide residues (4)

10

Peppers of the genus Capsicum (other than sweet) (Food – fresh, chilled

or frozen)

ex0709 60 99

20

Pesticide residues (4)(7)

20

ex0710 80 59

20

Sweet peppers

(Capsicum annuum)

(Food – fresh, chilled

or frozen)

0709 60 10

Pesticide residues (4)(7)

20

0710 80 51

Georgia (GE)

Hazelnuts (Corylus spp.), in shell

(Food)

0802 21 00

Aflatoxins

20

Hazelnuts (Corylus spp.), shelled

(Food)

0802 22 00

Flour, meal and

powder of hazelnuts

(Food)

ex1106 30 90

40

Hazelnuts, otherwise prepared or preserved

(Food)

ex2008 19 19

30

ex2008 19 95

20

ex2008 19 99

30

Ghana

(GH)

Palm oil

(Food)

1511 10 90

Sudan dyes (8)

20

1511 90 11

ex1511 90 19

90

1511 90 99

India

(IN)

Cinnamon and cinnamon-tree flowers

(Food – dried spices)

0906

Pesticide residues (4)(9)

10

Cloves (whole fruit, cloves and stems)

(Food – dried spices)

0907

Pesticide residues (4)(9)

10

Curry leaves (Bergera/

Murraya koenigii)

(Food – fresh,

chilled, frozen or

dried)

ex1211 90 86

10

Pesticide residues (4)(10)

50

Drumsticks (Moringa oleifera)

(Food – fresh, chilled or frozen)

ex0709 99 90

10

Pesticide residues (4)

20

ex0710 80 95

75

Ginger, saffron, turmeric (Curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Pesticide residues (4)(9)

10

Nutmeg, mace and cardamoms

(Food – dried spices)

0908

Pesticide residues (4)(9)

10

Okra

(Food – fresh,

chilled or frozen)

ex0709 99 90

20

Pesticide residues (4)(11)

20

ex0710 80 95

30

Rice

(Food)

1006

Aflatoxins and Ochratoxin A

5

Pesticide residues (4)

5

Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries

(Food – dried spices)

0909

Pesticide residues (4)(9)

10

Iran

(IR)

Melon seeds

(Food)

1207 70

Aflatoxins

10

Kenya

(KE)

Beans (Vigna spp.,

Phaseolus spp.)

(Food – fresh or chilled)

0708 20

Pesticide residues (4)

10

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)

10

ex 0710 80 59

20

Cambodia

(KH)

Chinese celery (Apium graveolens)

(Food – fresh or

chilled herb)

ex0709 40 00

20

Pesticide residues (4)(12)

50

Yardlong beans

(Vigna unguiculata

subsp. sesquipedalis)

(Food – fresh, chilled or frozen)

ex0708 20 00

10

Pesticide residues (4)(13)

50

ex0710 22 00

10

Lebanon

(LB)

Turnips (Brassica rapa subsp. rapa)

(Food – prepared or preserved by vinegar or acetic acid)

ex2001 90 97

11; 19

Rhodamine B

50

Turnips (Brassica rapa subsp. rapa)

(Food – prepared

or preserved by

brine or citric acid, not frozen)

ex2005 99 80

93

Rhodamine B

50

Madagascar

(MG)

Cow peas (Vigna unguiculata subspp.)

(Food)

0713 35 00

Pesticide residues (4)

10

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts),

shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts),

otherwise prepared or

preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other

solid residues, whether or not ground

or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Malaysia

(MY)

Jackfruit (Artocarpus

heterophyllus)

(Food – fresh)

ex0810 90 20

20

Pesticide residues (4)

50

Nigeria

(NG)

Sesamum seeds

(Food)

1207 40 90

Salmonella(2)

50

Pakistan

(PK)

Rice

(Food)

1006

Aflatoxins and Ochratoxin A

5

Pesticide residues (4)

5

Sierra Leone

(SL)

Watermelon (egusi,

Citrullus spp.) seeds and derived products

(Food)

ex1207 70 00

10

Aflatoxins

50

ex1208 90 00

10

ex2008 99 99

50

Senegal

(SN)

Groundnuts (peanuts),

in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts),

shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts),

otherwise prepared or

preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and

meals

(Food and feed)

ex1208 90 00

20

Oilcake and other

solid residues, whether or not ground

or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Syria

(SY)

Sesamum seeds

(Food)

1207 40 90

Salmonella(2)

10

Tahini and halva from Sesamum seeds

(Food)

ex

1704 90 99

12; 92

Salmonella(2)

10

ex

1806 20 95

13; 93

ex

1806 90 50

10

ex1806 90 60

11; 91

ex2008 19 19

40

ex2008 19 99

40

Turnips (Brassica rapa subsp. rapa)

(Food – prepared or preserved by vinegar or acetic acid)

ex2001 90 97

11; 19

Rhodamine B

50

Turnips (Brassica rapa subsp. rapa)

(Food – prepared

or preserved by brine or citric acid, not frozen)

ex2005 99 80

93

Rhodamine B

50

Thailand

(TH)

Food containing or consisting of betel leaves (Piper betle) (Food)

ex1404 90 00

Salmonella(3)

10

Peppers of the genus Capsicum (other than sweet)

(Food – fresh,

chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)(14)

50

ex0710 80 59

20

Türkiye

(TR)

Lemons (Citrus limon, Citrus limonum)

(Food – fresh, chilled or dried)

0805 50 10

Pesticide residues (4)(15)

20

Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids

(Food – fresh or dried)

0805 21

Pesticide residues (4)

20

0805 22

0805 29

Oranges

(Food – fresh or dried)

0805 10

Pesticide residues (4)

20

Pomegranates

(Food – fresh or

chilled)

ex0810 90 75

30

Pesticide residues (4)(16)

20

Peppers of the genus Capsicum (other than sweet)

(Food – fresh,

chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)

20

ex0710 80 59

20

Sweet Peppers

(Capsicum annuum)

(Food – fresh,

chilled or frozen)

0709 60 10

Pesticide residues (4)(17)

20

0710 80 51

Unprocessed whole, ground, milled, cracked, chopped apricot kernels intended to be placed on the market for the final consumer(18)(19)

(Food)

ex1212 99 95

20

Cyanide

50

Uganda

(UG)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh,

chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)

50

ex0710 80 59

20

United States

(US)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

10

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex

2007 99 39

07; 08

Uzbekistan

(UZ)

Dried apricots

(Food)

0813 10 00

Sulphites (20)

50

Apricots, otherwise prepared or preserved

(Food)

2008 50

Vietnam

(VN)

Basil (holy, sweet)

(Food – fresh or chilled herbs)

ex1211 90 86

20

Pesticide residues (4)(21)

50

Coriander leaves

(Food – fresh or chilled herbs)

ex0709 99 90

72

Pesticide residues (4)(21)

50

Mint

(Food – fresh or chilled herbs)

ex1211 90 86

30

Pesticide residues (4)(21)

50

Okra

(Food – fresh, chilled or frozen)

ex0709 99 90

20

Pesticide residues (4)(21)

50

ex0710 80 95

30

Parsley

(Food – fresh or chilled herbs)

ex0709 99 90

40

Pesticide residues (4)(21)

50

Peppers of the genus Capsicum (other than sweet)

(Food – fresh,

chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)(21)

50

ex0710 80 59

20

Pitahaya (dragon fruit)

(Food – fresh or chilled)

ex0810 90 20

10

Pesticide residues (4)(21)

50

(1)

Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

(2)

The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex 3 to this Regulation.

(3)

The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex 3 to this Regulation.

(4)

Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin5 that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

(5)

Residues of Tolfenpyrad.

(6)

Residues of Amitraz (amitraz including the metabolites containing the 2,4 -dimethylaniline moiety expressed as amitraz), Diafenthiuron, Dicofol (sum of p,p’ and o,p’ isomers) and Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram).

(7)

Residues of Dicofol (sum of p,p’ and o,p’ isomers), Dinotefuran, Folpet, Prochloraz (sum of prochloraz, BTS 44595 (M201-04) and BTS 44596 (M201-03), expressed as prochloraz), Thiophanate-methyl and Triforine.

(8)

For the purposes of this Annex, “Sudan dyes” refers to the following chemical substances: (i) Sudan I (CAS Number 842-07-9); (ii) Sudan II (CAS Number 3118-97-6); (iii) Sudan III (CAS Number 85-86-9); (iv) Scarlet Red or Sudan IV (CAS Number 85-83-6).

(9)

Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).

(10)

Residues of Acephate.

(11)

Residues of Diafenthiuron.

(12)

Residues of Phenthoate.

(13)

Residues of Chlorbufam.

(14)

Residues of Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) Prothiofos and Triforine.

(15)

Residues of chlorpyrifos/chlorpyrifos-methyl and fenbutatin oxide.

(16)

Residues of Prochloraz (sum of prochloraz, BTS 44595 (M201-04) and BTS 44596 (M201-03), expressed as prochloraz).

(17)

Residues of Diafenthiuron, Formetanate (sum of formetanate and its salts expressed as formetanate (hydrochloride)) and Thiophanate-methyl.

(18)

Unprocessed products” as defined in Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs6.

(19)

“Placing on the market” and “final consumer” as defined in 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.

(20)

The following reference methods may be used: (1) BS EN 1988-1:1998 “Foodstuffs. Determination–of sulfite - Optimized Monier-Williams method”, published by the British Standards Institution on 15 June 1998 (ISBN 0 580 29239 8), available from the British Standards Institution at https://knowledge.bsigroup.com; (2) BS EN 1988-2:1998 “Foodstuffs. Determination–of sulfite - Enzymatic method”, published by the British Standards Institution on 15 June 1998 (ISBN 0 580 29240 1), available from the British Standards Institution at https://knowledge.bsigroup.com; (3) ISO 5522:1981 “Fruits, vegetables and derived products — Determination of total sulphur dioxide content”, published by the International Organization for Standardization in September 1981, edition 1, available fromthe ISO at https://www.iso.org.

(21)

Residues of Dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.

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

Regulation 2(5)

ANNEX 2Food and feed from certain third countries subject to special conditions for the entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination

Table 1Food and feed of non-animal origin referred to in Article 1(1)(b)(i)

Country of origin

Food and feed (intended use)

CN code (1)

TARIC sub-division

Hazard

Frequency of physical and identity checks (%)

Argentina

(AR)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

5

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Azerbaijan

(AZ)

Hazelnuts (Corylus

spp.), in shell

(Food)

0802 21 00

Aflatoxins

20

Hazelnuts (Corylus

spp.), shelled

(Food)

0802 22 00

Mixtures of nuts or dried fruits containing hazelnuts

(Food)

ex0813 50 39

70

ex0813 50 91

70

ex0813 50 99

70

Hazelnut paste

(Food)

ex2007 10 10

70

ex2007 10 99

40

ex2007 99 39

05; 06

ex2007 99 50

33

ex2007 99 97

23

Hazelnuts, otherwise prepared or preserved, including mixtures

(Food)

ex2008 19 12

30

ex2008 19 19

30

ex2008 19 92

30

ex2008 19 95

20

ex2008 19 99

30

ex2008 97 12

15

ex2008 97 14

15

ex2008 97 16

15

ex2008 97 18

15

ex2008 97 32

15

ex2008 97 34

15

ex2008 97 36

15

ex2008 97 38

15

ex2008 97 51

15

ex2008 97 59

15

ex2008 97 72

15

ex2008 97 74

15

ex2008 97 76

15

ex2008 97 78

15

ex2008 97 92

15

ex2008 97 93

15

ex2008 97 94

15

ex2008 97 96

15

ex2008 97 97

15

ex2008 97 98

15

Flour, meal and powder of hazelnuts

(Food)

ex1106 30 90

40

Hazelnut oil

(Food)

ex1515 90 99

20

Bangladesh

(BD)

Food containing or consisting of betel leaves (Piper betle)

(Food)

ex1404 90 00

Salmonella(2)

50

Brazil

(BR)

Brazil nuts, in shell

(Food)

0801 21 00

Aflatoxins

50

Mixtures of nuts or dried fruits containing Brazil nuts in shell

(Food)

ex0813 50 31

20

ex0813 50 39

20

ex0813 50 91

20

ex0813 50 99

20

China

(CN)

Enoki Mushrooms

(Food)

ex0709 59 00

Listeria

20

Egypt

(EG)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

20

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Vine leaves

(Food)

ex2008 99 99

11; 19

Pesticide residues (4)(5)

20

Ethiopia

(ET)

Ginger, saffron, turmeric (Curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Aflatoxins

50

Pepper of the

genus Piper, dried or crushed or ground fruit of the genus

Capsicum or of the genus Pimenta

(Food – dried spices)

0904

Aflatoxins

50

Sesamum seeds

(Food)

1207 40 90

Salmonella(2)

50

Ghana

(GH)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

The Gambia

(GM)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Indonesia

(ID)

Nutmeg (Myristica fragrans)

(Food – dried

spices)

0908 11 00

Aflatoxins

10

0908 12 00

India

(IN)

Food containing or consisting of betel leaves (Piper betle)

(Food)

ex1404 90 00

Salmonella(3)

10

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Guar gum

(Food and feed)

ex1302 32 90

Pentachlorophenol and

dioxins(6)

5

Nutmeg (Myristica fragrans)

(Food – dried

spices)

0908 11 00

Aflatoxins

20

0908 12 00

Peppers of the genus Capsicum (sweet or other than sweet)

(Food – dried,

roasted, crushed or

ground)

0904 21 10

Aflatoxins

20

ex0904 22 00

11; 19

ex0904 21 90

20

ex2005 99 10

10; 90

ex2005 99 80

94

Peppers of the genus Capsicum (sweet or other than sweet)

(Food – dried, roasted, crushed or ground)

0904

Pesticide residues (4)(7)

20

ex2005 99 10

10; 90

ex2005 99 80

94

Peppers of the genus Capsicum (other than sweet)

(Food – fresh,

chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)(7)

20

ex0710 80 59

20

Sesamum seeds

(Food)

1207 40 90

Salmonella(2)

20

Pesticides residues (4)(8)

50

Iran

(IR)

Pistachios, in shell

(Food)

0802 51 00

Aflatoxins

50

Pistachios, shelled

(Food)

0802 52 00

Mixtures of nuts or dried fruits containing pistachios

(Food)

ex0813 50 39

60

ex0813 50 91

60

ex0813 50 99

60

Pistachio paste

(Food)

ex2007 10 10

60

ex2007 10 99

30

ex2007 99 39

03; 04

ex2007 99 50

32

ex2007 99 97

22

Pistachios, prepared or preserved, including mixtures

(Food)

ex2008 19 13

20

ex2008 19 93

20

ex2008 97 12

19

ex2008 97 14

19

ex2008 97 16

19

ex2008 97 18

19

ex2008 97 32

19

ex2008 97 34

19

ex2008 97 36

19

ex2008 97 38

19

ex2008 97 51

19

ex2008 97 59

19

ex2008 97 72

19

ex2008 97 74

19

ex2008 97 76

19

ex2008 97 78

19

ex2008 97 92

19

ex2008 97 93

19

ex2008 97 94

19

ex2008 97 96

19

ex2008 97 97

19

ex2008 97 98

19

Flour, meal and

powder of pistachios

(Food)

ex1106 30 90

50

South Korea

(KR)

Enoki mushrooms

(Food)

ex0709 59 00

Listeria

20

Sri Lanka

(LK)

Peppers of the genus Capsicum (sweet or other than sweet)

(Food – dried,

roasted, crushed or ground)

0904 21 10

Aflatoxins

50

ex0904 21 90

20

ex0904 22 00

11; 19

ex2005 99 10

10; 90

ex2005 99 80

94

Nigeria

(NG)

Watermelon (egusi, Citrullus spp.) seeds and derived products

(Food)

ex1207 70 00

10

Aflatoxins

50

ex1208 90 00

10

ex2008 99 99

50

Pakistan

(PK)

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex0709 60 99

20

Pesticide residues (4)

20

ex0710 80 59

20

Spice mixes

(Food)

0910 91 10

Aflatoxins

10

0910 91 90

Sudan

(SD)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

80

ex2007 10 99

50

ex2007 99 39

07; 08

Sesamum seeds

(Food)

1207 40 90

Salmonella(2)

50

Türkiye

(TR)

Dried figs

(Food)

0804 20 90

Aflatoxins

20

Mixtures of nuts or dried fruits containing figs

(Food)

ex0813 50 99

50

Dried fig paste

(Food)

ex2007 10 10

50

ex2007 10 99

20

ex2007 99 39

01; 02

ex2007 99 50

31

ex2007 99 97

21

Dried figs, prepared or preserved, including mixtures

(Food)

ex2008 97 12

11

ex2008 97 14

11

ex2008 97 16

11

ex2008 97 18

11

ex2008 97 32

11

ex2008 97 34

11

ex2008 97 36

11

ex2008 97 38

11

ex2008 97 51

11

ex2008 97 59

11

ex2008 97 72

11

ex2008 97 74

11

ex2008 97 76

11

ex2008 97 78

11

ex2008 97 92

11

ex2008 97 93

11

ex2008 97 94

11

ex2008 97 96

11

ex2008 97 97

11

ex2008 97 98

11

ex2008 99 28

10

ex2008 99 34

10

ex2008 99 37

10

ex2008 99 40

10

ex2008 99 49

60

ex2008 99 67

95

ex2008 99 99

60

Flour, meal or

powder of dried figs

(Food)

ex1106 30 90

60

Pistachios, in shell

(Food)

0802 51 00

Aflatoxins

50

Pistachios, shelled

(Food)

0802 52 00

Mixtures of nuts or dried fruits containing pistachios

(Food)

ex0813 50 39

60

ex0813 50 91

60

ex0813 50 99

60

Pistachio paste

(Food)

ex2007 10 10

60

ex2007 10 99

30

ex2007 99 39

03; 04

ex2007 99 50

32

ex2007 99 97

22

Pistachios, prepared or preserved, including mixtures

(Food)

ex2008 19 13

20

ex2008 19 93

20

ex2008 97 12

19

ex2008 97 14

19

ex2008 97 16

19

ex2008 97 18

19

ex2008 97 32

19

ex2008 97 34

19

ex2008 97 36

19

ex2008 97 38

19

ex2008 97 51

19

ex2008 97 59

19

ex2008 97 72

19

ex2008 97 74

19

ex2008 97 76

19

ex2008 97 78

19

ex2008 97 92

19

ex2008 97 93

19

ex2008 97 94

19

ex2008 97 96

19

ex2008 97 97

19

ex2008 97 98

19

Flour, meal and

powder of pistachios

(Food)

ex1106 30 90

50

Vine leaves

(Food)

ex2008 99 99

11; 19

Pesticide residues (4)(5)

50

Uganda

(UG)

Sesamum seeds (Food)

1207 40 90

Salmonella(2)

20

(1)

Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

(2)

The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(a) of Annex 3 to this Regulation.

(3)

The sampling and the analyses must be performed in accordance with the sampling procedures and the analytical reference methods set out in point 1(b) of Annex 3 to this Regulation.

(4)

Residues of at least those pesticides listed in the control programme adopted in accordance with Article 29(2) of Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin that can be analysed with multi-residue methods based on GC-MS and LC-MS (pesticides to be monitored in/on products of plant origin only).

(5)

Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and metrafenone.

(6)

The analytical report referred to in Article 10(3) of this Regulation must be issued by a laboratory accredited for the analysis of PCP in food and feed in accordance with BS EN ISO/IEC 17025:2017 “General requirements for the competence of testing and calibration laboratories” (published by the British Standards Institution on 30 June 2018 (ISBN 978 0 539 01414 3), and available from the British Standards Institution at https://knowledge.bsigroup.com). The analytical report must indicate: (a) the results of sampling and analysis for the presence of PCP, performed by the competent authorities of the country of origin or of the country where the consignment is consigned from if that country is different from the country of origin; (b) the measurement uncertainty of the analytical result; (c) the limit of detection (LOD) of the analytical method; (d) the limit of quantification (LOQ) of the analytical method. The extraction before analysis must be performed with an acidified solvent. The analysis must be carried out according to the modified version of the QuEChERS method or according to an equally reliable method. The modified version of the QuEChERS method is set out in the document “Analytical Quality Control and Method Validation Procedures for Pesticide Residues Analysis in Food and Feed” (SANTE 2017/11813), implemented on 1 January 2020 and available at https://www.eurl-pesticides.eu/userfiles/file/EurlALL/AqcGuidance_SANTE_2019_12682.pdf.

(7)

Residues of Carbofuran.

(8)

Residues of Ethylene Oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).

Table 2Compound food referred to in Article 1(1)(b)(ii)

Compound food containing any of the individual products listed in Table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of products listed.

CN Code (1)

Description

ex1704 90

Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated.

ex1806

Chocolate and other food preparations containing cocoa.

ex1905

Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products.

0910 91

Mixtures of spices (2).

(1)

Where only certain products under any CN code are required to be examined, the CN code is marked “ex”.

(2)

Mixtures of two or more of the products of different headings are to be classified in heading 0910.

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

Regulation 2(6)

ANNEX 3aSampling procedure and analytical reference method for the control of presence of Listeria in food

Sampling procedure and analytical reference method for the control of presence of Listeria in food, referred to in Article 3(ea)

Analytical reference method(1)

Weight of consignment

Number of sample units (n)

Sampling procedures

Analytical result required for each sample unit of the same consignment

BS EN ISO 11290-1:2017(2)

Any weight

5

n sample units are collected of a minimum of 100 g each. If batches are identified in the CHED, the sample units must be collected from the different batches randomly chosen from the consignment. If batches cannot be identified, the sample units are collected randomly from the consignment. Pooling of sample units is not allowed. Each sample unit must be tested separately.

No detection of  Listeria in 25g

(1)

The listed method must be used, or a method validated against it in accordance with the protocol set out in BS EN ISO 16140-2:2016 “Microbiology of the food chain. Method validation - Protocol for the validation of alternative (proprietary) methods against a reference method”. BS EN ISO 16140-2:2016 was published by the British Standards Institution on 31 July 2016 (ISBN 978 0 580 69940 5). Available from the British Standards Institution https://knowledge.bsigroup.com.

(2)

Under reference BS EN ISO 11290-1:2017 “Microbiology of the food chain. Horizontal method for the detection and enumeration of Listeria monocytogenes and of Listeria spp. - Detection method”. Published by the British Standards Institution on 31 August 2017 (ISBN 978 0 580 77715 8). Available from the British Standards Institution https://knowledge.bsigroup.com.

EXPLANATORY NOTE

(This note is not part of the Regulations)

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 unguiculata subspp.) 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 (Corylus spp.) 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.