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 No. 119 (W. 27)

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Welsh Statutory Instruments

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

31 January 2024

Laid before Senedd Cymru

2 February 2024

Coming into force

7 March 2024

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

  • Articles 34(6), 47(2)(b), 54(4)(a) and (b) and 144(6)(a) of Regulation (EU) 2017/625of 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( 1);

  • Articles 53(1)(b) and 57a(6)(a) of Regulation (EC) No 178/2002of 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( 2).

There has been consultation as required by Article 144(7) of Regulation (EU) 2017/625and as required by Article 9 of Regulation (EC) No 178/2002.

Title, extent, application and coming into force

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 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) 2019/1793

2.—(1) Commission Implementing Regulation (EU) 2019/1793on 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) 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 2022

3.  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 2022( 4)—

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

(b) omit Schedules 1 and 2.

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

31 January 2024

Regulation 2(4)

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 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( 5) 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 foodstuffs( 6) .

(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.

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

Parsle y

(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

Regulation 2(5)

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 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).

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

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.

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) .

Regulation 2(6)

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

ANNEX 3a Sampling 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
(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 .

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend, in relation to Wales, Commission Implementing Regulation (EU) 2019/1793on 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) 2017/625of 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 178/2002of 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 hazardListeria. The prescribed sampling procedure and analytical reference method for the control of presence ofListeriain 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.

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.

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.

( 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. 2020/1631and 2022/1330 (W. 269); there are other amending instruments but none is relevant.

( 5)

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

( 6)

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


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