Welsh Statutory Instruments

2022 No. 1330 (W. 269)

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 2022

Made

14 December 2022

Laid before Senedd Cymru

16 December 2022

Coming into force

17 January 2023

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

Articles 47(2)(b) and 54(4)(a) and (b) of Regulation (EU) 2017/625 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( 1);
Article 53(1)(b) of Regulation (EC) No 178/2002laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety( 2).

As required by Article 144(7) of Regulation (EU) 2017/625, before making these Regulations the Welsh Ministers have consulted such bodies and persons as appear to the Welsh Ministers to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Welsh Ministers consider appropriate.

As required by Article 9 of Regulation (EC) No 178/2002, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, extent, application and commencement

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 2022.

(2) These Regulations—

(a) extend to England and Wales;

(b) apply in relation to Wales;

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( 3) is amended as follows.

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

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

(4) For Annex 2a, substitute the Annex 2a contained in Schedule 3 to these Regulations.

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

14 December 2022

Regulation 2(2)

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

“ANNEX 1 Food 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 (%)
⁽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 III to this Regulation.
⁽³⁾ Residues of Triclopyr & Haloxyfop.
⁽⁴⁾ 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 III to this Regulation.
⁽⁵⁾ 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( 4) 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).
⁽⁶⁾ Residues of Tolfenpyrad.
⁽⁷⁾ 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).
⁽⁸⁾ 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.
⁽⁹⁾ 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).
⁽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 foodstuffs( 5) .
⁽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 from the 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. ”
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
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		Aflatoxins	10
	Groundnuts (peanuts), in shell (Food and feed)	1202 41 00		Pesticide residues ⁽³⁾	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
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
	Sweet peppers ( Capsicum annuum ) (Food – crushed or ground)	ex0904 22 00	11	Salmonella ⁽⁴⁾	20
	Tea, whether or not flavoured (Food)	0902		Pesticide residues ⁽⁵⁾ ⁽⁶⁾	20
Dominican Republic (DO)	Aubergines ( Solanum melongena ) (Food – fresh or chilled)	0709 30 00		Pesticide residues ⁽⁵⁾	20
	Sweet peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen)	0709 60 10		Pesticide residues ⁽⁵⁾ ⁽⁷⁾	50
		0710 80 51
	Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen)	ex0709 60 99	20
		ex0710 80 59	20
	Yardlong beans ( Vigna unguiculata ssp. sesquipedalis , Vigna unguiculata ssp. unguiculata ) (Food – fresh, chilled or frozen)	ex0708 20 00	10
		ex0710 22 00	10
Egypt (EG)	Sweet peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen)	0709 60 10		Pesticide residues ⁽⁵⁾ ⁽⁸⁾	20
		0710 80 51
	Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen)	ex0709 60 99	20
		ex0710 80 59	20
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 ⁽⁹⁾	50
		1511 90 11
		ex1511 90 19	90
		1511 90 99
India (IN)	Curry leaves ( Bergera/ Murraya koenigii ) (Food – fresh, chilled, frozen or dried)	ex1211 90 86	10	Pesticide residues ⁽⁵⁾ ⁽¹⁰⁾	50
	Okra (Food – fresh, chilled or frozen )	ex0709 99 90	20	Pesticide residues ⁽⁵⁾ ⁽¹¹⁾	20
	Okra (Food – fresh, chilled or frozen )	ex0710 80 95	30	Pesticide residues ⁽⁵⁾ ⁽¹¹⁾	20
Kenya (KE)	Beans ( Vigna spp., Phaseolus spp.) (Food – fresh or chilled )	0708 20		Pesticide residues ⁽⁵⁾	10
Cambodia (KH)	Chinese celery ( Apium graveolens ) (Food – fresh or chilled herb)	ex0709 40 00	20	Pesticide residues ⁽⁵⁾ ⁽¹²⁾	50
	Yardlong beans ( Vigna unguiculata ssp. sesquipedalis , Vigna unguiculata ssp. unguiculata ) (Food – fresh, chilled or frozen vegetables )	ex0708 20 00	10	Pesticide residues ⁽⁵⁾ ⁽¹³⁾	50
		ex0710 22 00	10	Pesticide residues ⁽⁵⁾ ⁽¹³⁾	50
Lebanon (LB)	Turnips ( Brassica rapa ssp. rapa ) (Food – prepared or preserved by vinegar or acetic acid)	ex2001 90 97	11; 19	Rhodamine B	50
Lebanon (LB)	Turnips ( Brassica rapa ssp. rapa ) (Food – prepared or preserved by brine or citric acid, not frozen)	ex2005 99 80	93	Rhodamine B	50
Madagascar (MG)	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 ⁽⁵⁾	50
Nigeria (NG)	Sesamum seeds (Food)	1207 40 90		Salmonella ⁽²⁾	50
Pakistan (PK)	Spice mixes (Food)	0910 91 10		Aflatoxins	50
Pakistan (PK)	Spice mixes (Food)	0910 91 90		Aflatoxins	50
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
Syria (SY)	Turnips ( Brassica rapa ssp. rapa ) (Food – prepared or preserved by vinegar or acetic acid)	ex2001 90 97	11; 19	Rhodamine B	50
Syria (SY)	Turnips ( Brassica rapa ssp. 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	10
	Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen )	ex0709 60 99	20	Pesticide residues ⁽⁵⁾ ⁽¹⁴⁾	20
		ex0710 80 59	20	Pesticide residues ⁽⁵⁾ ⁽¹⁴⁾	20
Turkey (TR)	Hazelnuts ( Corylus spp.) in shell (Food)	0802 21 00		Aflatoxins	5
	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
	Lemons ( Citrus limon, Citrus limonum ) (Food – fresh, chilled or dried)	0805 50 10		Pesticide residues ⁽⁵⁾ ⁽¹⁵⁾	20
	Mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids (Food – fresh or dried)	0805 21		Pesticide residues ⁽⁵⁾	20
		0805 22
		0805 29
	Oranges (Food – fresh or dried)	0805 10		Pesticide residues ⁽⁵⁾	20
	Pomegranates (Food – fresh or chilled)	ex0810 90 75	30	Pesticide residues ⁽⁵⁾ ⁽¹⁶⁾	20
	Sweet Peppers ( Capsicum annuum ) (Food – fresh, chilled or frozen)	0709 60 10		Pesticide residues ⁽⁵⁾ ⁽¹⁷⁾	20
		0710 80 51		Pesticide residues ⁽⁵⁾ ⁽¹⁷⁾	20
	Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen )	ex0709 60 99	20	Pesticide residues ⁽⁵⁾	20
		ex0710 80 59	20	Pesticide residues ⁽⁵⁾	20
	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 Capsicum species (other than sweet) (Food – fresh, chilled or frozen)	ex0709 60 99	20	Pesticide residues ⁽⁵⁾	50
Uganda (UG)		ex0710 80 59	20	Pesticide residues ⁽⁵⁾	50
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
Uzbekistan (UZ)	Dried apricots (Food)	0813 10 00		Sulphites ⁽²⁰⁾	50
Uzbekistan (UZ)	Apricots, otherwise prepared or preserved (Food)	2008 50		Sulphites ⁽²⁰⁾	50
Vietnam (VN)	Coriander leaves (Food – fresh or chilled herbs)	ex0709 99 90	72	Pesticide residues ⁽⁵⁾ ⁽²¹⁾	50
	Basil (holy, sweet) (Food – fresh or chilled herbs)	ex1211 90 86	20
	Mint (Food – fresh or chilled herbs)	ex1211 90 86	30
	Parsle y (Food – fresh or chilled herbs)	ex0709 99 90	40
	Okra (Food – fresh, chilled or frozen)	ex0709 99 90	20	Pesticide residues ⁽⁵⁾ ⁽²¹⁾	50
	Okra (Food – fresh, chilled or frozen)	ex0710 80 95	30	Pesticide residues ⁽⁵⁾ ⁽²¹⁾	50
	Peppers of the Capsicum species (other than sweet) (Food – fresh, chilled or frozen)	ex0709 60 99	20	Pesticide residues ⁽⁵⁾ ⁽²¹⁾	50
		ex0710 80 59	20	Pesticide residues ⁽⁵⁾ ⁽²¹⁾	50

Regulation 2(3)

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

“ANNEX 2 Food 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 1

Food 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 (%)
⁽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 III 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 III to this Regulation.
⁽⁴⁾ 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.
⁽⁵⁾ 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).
⁽⁶⁾ Residues of Carbofuran.
⁽⁷⁾ Residues of ethylene oxide (sum of ethylene oxide and 2-chloro-ethanol, expressed as ethylene oxide).
⁽⁸⁾ Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram) and metrafenone.
⁽⁹⁾ Residues of dithiocarbamates (dithiocarbamates expressed as CS2, including maneb, mancozeb, metiram, propineb, thiram and ziram), Phenthoate and Quinalphos.
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
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
Ethiopia (ET)	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
	Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices (Food – dried spices)	0910		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
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
Indonesia (ID)	Nutmeg ( Myristica fragrans ) (Food – dried spices)	0908 11 00		Aflatoxins	20
Indonesia (ID)		0908 12 00		Aflatoxins	20
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
	Guar gum (Food and feed)	ex1302 32 90		Pentachlorophenol and dioxins ⁽⁴⁾	5
	Nutmeg ( Myristica fragrans ) (Food – dried spices)	0908 11 00		Aflatoxins	20
		0908 12 00		Aflatoxins	20
	Peppers of the Capsicum species (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 Capsicum species (other than sweet) (Food – fresh, chilled or frozen )	ex0709 60 99	20	Pesticide residues ⁽⁵⁾ ⁽⁶⁾	10
		ex0710 80 59	20	Pesticide residues ⁽⁵⁾ ⁽⁶⁾	10
	Sesamum seeds (Food)	1207 40 90		Salmonella ⁽²⁾	20
	Sesamum seeds (Food)	1207 40 90		Pesticides residues ⁽⁵⁾ ⁽⁷⁾	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
Sri Lanka (LK)	Peppers of the Capsicum species (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 Capsicum species (other than sweet) (Food – fresh, chilled or frozen)	ex0709 60 99	20	Pesticide residues ⁽⁵⁾	20
Pakistan (PK)		ex0710 80 59	20	Pesticide residues ⁽⁵⁾	20
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
	Sesamum seeds (Food)	1207 40 90		Salmonella ⁽²⁾	50
Turkey (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 ⁽⁵⁾ ⁽⁸⁾	50
Uganda (UG)	Sesamum seeds (Food)	1207 40 90		Salmonella ⁽²⁾	20
Vietnam (VN)	Pitahaya (dragon fruit) (Food – fresh or chilled)	ex0810 90 20	10	Pesticide residues ⁽⁵⁾ ⁽⁹⁾	10

Table 2

Compound 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
⁽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. ”
ex 1704 90	Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated.
ex 1806	Chocolate and other food preparations containing cocoa.
ex 1905	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⁾ .

Regulation 2(4)

SCHEDULE 3 Annex to be substituted for Annex 2a to Commission Implementing Regulation (EU) 2019/1793

“ANNEX 2a Food and feed from certain third countries subject to suspension of entry into Great Britain referred to in Article 11a

Country of origin	Food and feed (intended use)	CN code ⁽¹⁾	Hazard
⁽¹⁾ Where only certain products under any CN code are required to be examined, the CN code is marked ‘ex’. ”
Nigeria (NG)	Food consisting of dried beans (Food)	0713 35 00	Pesticide residues
		0713 39 00
		0713 90 00

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 (“ Regulation 2019/1793”).

Regulation 2 substitutes, with amendments, Annexes 1, 2 and 2a to Regulation 2019/1793. The substitution of Annex 1 is made using powers in Articles 47(2)(b) and 54(4)(a) of Regulation (EU) 2017/625 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. The substitution of Annexes 2 and 2a is made using powers in Article 53 of Regulation (EC) No 178/2002laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and Article 54(4)(b) of Regulation (EU) 2017/625.

Annex 1 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.

The frequency of checks on black pepper from Brazil (for Salmonella) is increased from 20% to 50%.
The entry for groundnuts (peanuts) and associated products from Brazil (for aflatoxins) is transferred into Annex 1 (from Annex 2, Table 1). There is no change to the prescribed frequency of checks, which remains at 10%.
A new entry for groundnuts (peanuts) and associated products from Brazil (for pesticide residues). The frequency of checks is prescribed at 20%.
The entry for goji berries from China (for pesticide residue) has been removed.
The entry for groundnuts (peanuts) and associated products from China (for aflatoxins) is transferred into Annex 1 (from Annex 2, Table 1). The frequency of checks is decreased from 20% to 10%.
The entry for sesamum seeds from Ethiopia (for Salmonella) has been removed (the entry is transferred into Annex 2, Table 1).
The frequency of checks on hazelnuts and associated products from Georgia (for aflatoxins) is decreased from 50% to 20%.
The frequency of checks on okra from India (for pesticide residues) is increased from 10% to 20%.
The entry for peppers of theCapsicumspecies (sweet or other than sweet) from Sri Lanka (for aflatoxins) has been removed (the entry is transferred into Annex 2, Table 1).
The frequency of checks on jackfruit from Malaysia (for pesticide residues) is increased from 20% to 50%.
A new entry for food containing or consisting of betel leaves (Piper betle) from Thailand (for Salmonella). The frequency of checks is prescribed at 10%.
The frequency of checks on peppers of theCapsicumspecies (other than sweet) from Thailand (for pesticide residues) is increased from 10% to 20%.
The entry for dried grapes (including dried grapes cut or crusted into a paste without further treatment) from Turkey (for Ochratoxin A) has been removed.
The entry for hazelnuts and associated products from Turkey (for aflatoxins) is transferred into Annex 1 (from Annex 2, Table 1). There is no change to the prescribed frequency of checks, which remains at 5%.
A new entry for lemons from Turkey (for pesticide residues). The frequency of checks is prescribed at 20%.
The frequency of checks for mandarins (including tangerines and satsumas), clementine, wilkings and similar citrus hybrids from Turkey (for pesticide residues) is increased from 5% to 20%.
The frequency of checks on oranges from Turkey (for pesticide residues) is increased from 10% to 20%.
The frequency of checks on sweet peppers (Capsicum annum)from Turkey (for pesticide residues) is increased from 10% to 20%).
A new entry for peppers of theCapsicumspecies (other than sweet) from Turkey (for pesticide residues). The frequency of checks is prescribed at 20%.
The frequency of checks on peppers of theCapsicumspecies (other than sweet) from Uganda (for pesticide residues) is increased from 20% to 50%.
The entry for pistachios and associated products from the United States (for aflatoxins) has been removed.

Annex 2, 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 food containing or consisting of betel leaves (Piper betle) from Bangladesh (for Salmonella). The frequency of checks is prescribed at 50%.
The entry for groundnuts (peanuts) and associated products from Brazil (for aflatoxins) has been removed (the entry is transferred into Annex 1).
The entry for groundnuts (peanuts) and associated products from China (for aflatoxins) has been removed (the entry is transferred into Annex 1).
The entry for sesamum seeds from Ethiopia (for Salmonella) is transferred into Annex 2, Table 1 (from Annex 1). There is no change to the prescribed frequency of checks, which remains at 50%
The entry for betel leaves (Piper betle) from India has been amended as follows.
- The scope of the entry is extended to include food containing betel leaves.
- The TARIC sub-division has been removed.
The frequency of checks on groundnuts (peanuts) and associated products from India (for aflatoxins) is increased from 10% to 50%.
The TARIC sub-division for guar gum from India has been removed.
The entry for peppers of theCapsicumspecies (sweet or other than sweet) from Sri Lanka (for aflatoxins) is transferred into Annex 2, Table 1 (from Annex 1). There is no change to the prescribed frequency of checks, which remains at 50%.
The frequency of checks for sesamum seeds from Sudan (for Salmonella) is increased from 20% to 50%.
The entry for hazelnuts and associated products from Turkey (for aflatoxins) has been removed (the entry is transferred into Annex 1).
The frequency of checks on vine leaves from Turkey (for pesticide residues) is increased from 20% to 50%.

Annex 2, 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. The change being made to Table 2 of Annex 2 is to add a new entry for mixtures of spices.

Annex 2a contains the list of food and feed of non-animal origin that is prohibited from entering Great Britain. The entry in Annex 2a for food containing or consisting of betel leaves (Piper betle) from Bangladesh (for Salmonella) has been removed (but see the new entry for this in Annex 2, Table 1).

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.

( 1)

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.

( 2)

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

( 3)

EUR 2019/1793, amended by S.I. 2020/1631.

( 4)

EUR 2005/396, amended by S.I. 2019/557. S.I. 2019/557was amended by S.I. 2020/1376.

( 5)

EUR 2004/852, amended by S.I. 2019/642; there are other amending instruments but none is relevant.

Statutory Instruments made by the National Assembly for Wales

Status: