Temporary increase of official controls and emergency measures governing the entry into the European Union

6 Dec 2023

The European Commission published the recently voted Commission Implementing Regulation (EU) …/... of XXX amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council.

Link to the draft Regulation: HERE.

The draft Regulation includes the following changes:

New TARIC sub-division CN codes have been introduced in the TARIC system to separate granadilla and passion fruit (Passiflora ligularis and Passiflora edulis). Therefore, it is appropriate to amend the TARIC sub-division for CN code ex 0810 90 20 in the entry on granadilla and passion fruit (Passiflora ligularis and Passiflora edulis) from Colombia in Annex I to Implementing Regulation (EU) 2019/1793.

Mint (Mentha) from Israel has been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2023. The official controls carried out on that commodity by the Member States indicate an overall satisfactory degree of compliance with the relevant requirements provided for in Union legislation. Therefore, an increased level of official controls is no longer justified for that commodity and its entry in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted.

In relation to consignments of yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from India, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 5 and 6 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 % in Annex I to Implementing Regulation (EU) 2019/1793.

In relation to consignments of yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from Sri Lanka, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Sri Lanka. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 20 % of consignments entering the Union.

In relation to consignments of granadilla and passion fruit (Passiflora ligularis and Passiflora edulis) from Thailand, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of those commodities from Thailand. Those commodities should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

In relation to consignments of durian (Durio zibethius) from Vietnam, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks to human health, due to a possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Vietnam. That commodity should therefore be included in Annex I to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 10 % of consignments entering the Union.

In relation to consignments of peppers of the genus Capsicum (other than sweet) from India, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pesticide residues was detected during official controls performed by the Member States in accordance with Articles 7 and 8 of Implementing Regulation (EU) 2019/1793. It is therefore appropriate to increase the frequency of identity and physical checks to be performed on those consignments entering the Union to 30 % in Annex II to Implementing Regulation (EU) 2019/1793.

Implementing Regulation (EU) 2019/1793 is amended as follows:

1. in Article 1(1), point (b) is amended as follows:

(a) the introductory wording is replaced by the following: ‘special conditions governing the entry into the Union of the following categories of consignments of food and feed due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, microbiological contamination, Sudan dyes, Rhodamine B and plant toxins, in accordance with Article 53(1), point

(b), of Regulation (EC) No 178/2002:’; (b) point (ii) is deleted; 2. in Article 8, paragraphs 3 and 4 are deleted;

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.