Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (Text with EEA relevance)Text with EEA relevance

• Published date: 27 May 2020
• Subject Matter: Animal feedingstuffs,Foodstuffs,Approximation of laws
• Official Gazette Publication: Official Journal of the European Union, L 277, 29 October 2019

02019R1793 — EN — 23.11.2021 — 004.001

---

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (Text with EEA relevance) (OJ L 277 29.10.2019, p. 89)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION IMPLEMENTING REGULATION (EU) 2020/625 of 6 May 2020	L 144	13	7.5.2020
M2	COMMISSION IMPLEMENTING REGULATION (EU) 2020/1540 of 22 October 2020	L 353	4	23.10.2020
►M3	COMMISSION IMPLEMENTING REGULATION (EU) 2021/608 of 14 April 2021	L 129	119	15.4.2021
►M4	COMMISSION IMPLEMENTING REGULATION (EU) 2021/1900 of 27 October 2021	L 387	78	3.11.2021

---

▼B

COMMISSION IMPLEMENTING REGULATION (EU) 2019/1793

of 22 October 2019

on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660

(Text with EEA relevance)

SECTION 1

COMMON PROVISIONS

Article 1

Subject matter and scope

1.

This Regulation lays down:

(a)

the list of food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at their entry into the Union, established in Annex I, falling within the CN Codes and TARIC classifications laid down in that Annex, in accordance with Article 47(2)(b) of Regulation (EU) 2017/625;

(b)

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, pentachlorophenol and dioxins and microbiological contamination, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002:

(i)

consignments of food and feed of non-animal origin from third countries or parts of those third countries listed in Table 1 to Annex II and falling within the CN Codes and TARIC classifications laid down in that Annex;

▼M4

(ii)

consignments of food consisting of two or more ingredients, containing any of the food listed in Table 1 to Annex II 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 and falling within the CN codes laid down in Table 2 to that Annex;

▼M1

(ba)

suspension of the entry into the Union of the food and feed listed in Annex IIa;

▼B

(c)

rules on the frequency of identity checks and physical checks for the consignments of food and feed referred to in points (a) and (b) of this paragraph;

(d)

rules on the methods to be used for sampling and for laboratory analyses for the consignments of food and feed referred to in points (a) and (b) of this paragraph, in accordance with Article 34(6)(a) of Regulation (EU) 2017/625;

(e)

rules concerning the model official certificate required to accompany consignments of food and feed referred to in point (b) of this paragraph and the requirements for such official certificate, in accordance with Article 53(1)(b) of Regulation (EC) No 178/2002;

(f)

rules for the issuance of replacement official certificates required to accompany consignments of food and feed referred to in point (b) of this paragraph, in accordance with Article 90(c) of Regulation (EU) 2017/625.

2.

This Regulation applies to consignments of food and feed referred to in points (a) and (b) of paragraph 1 intended for placing on the Union market.

▼M1

3.

This Regulation does not apply to the following categories of consignments of food and feed referred to in points (a) and (b) of paragraph 1 unless their net weight exceeds 30 kg:

(a)

consignments of food and feed sent as trade samples, laboratory samples or as display items for exhibitions, which are not intended to be placed on the market;

(b)

consignments of food and feed which form part of passengers personal luggage and are intended for personal consumption or use;

(c)

non-commercial consignments of food and feed sent to natural persons which are not intended to be placed on the market;

(d)

consignments of food and feed intended for scientific purposes.

▼B

4.

This Regulation does not apply to food and feed referred to in points (a) and (b) of paragraph 1 on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers.

5.

In case of doubt on the intended use of the food and feed referred in points (b) and (c) of paragraph (3), the burden of proof lies with the owner of the personal luggage and with the recipient of the consignment, respectively.

Article 2

Definitions

1.

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘consignment’ means ‘consignment’ as defined in Article 3(37) of Regulation (EU) 2017/625;

(b)

‘placing on the market’ means ‘placing on the market’ as defined in point (8) of Article 3 of Regulation (EC) No 178/2002.

▼M4

(c)

‘country of origin’ means:

(i)

the country where the goods originate from, were grown, harvested or produced, where food and feed is listed in the Annexes due to a possible risk of contamination by mycotoxins, including aflatoxins, or by plant toxins, or due to possible non-compliance with maximum allowed levels of pesticide residues;

(ii)

the country where the goods were produced, manufactured or wrapped where food and feed is listed in the Annexes due to the risk of presence of Salmonella or due to other hazards than those specified in point (i).

▼B

2.

However, for the purposes of Articles 7, 8, 9, 10 and 11 and of Annex IV, a ‘consignment’ means:

(a)

a ‘lot’ as referred to in Annex I to Regulation (EC) No 401/2006 and in Annex I to Regulation (EC) No 152/2009, in relation to food and feed listed in Annex II due to contamination risk by mycotoxins, including aflatoxins;

(b)

a ‘lot’ as referred to in the Annex to Directive 2002/63/EC, in relation to food and feed listed in Annex II due to contamination risk by pesticides and pentachlorophenol.

Article 3

Sampling and analyses

The sampling and the analyses to be carried out by competent authorities at border control posts or at control points referred to in Article 53(1)(a) of Regulation (EU) 2017/625, as part of physical checks on consignments of food and feed referred to in Article 1(1)(a) and (b), or in third countries for the purposes of the results of analyses which are required to accompany the consignments of food and feed referred to in Article 1(1)(b) as provided for in this Regulation shall be performed in accordance with the following requirements:

(a)

for food listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 401/2006;

(b)

for feed listed in Annexes I and II due to possible contamination risk by mycotoxins, including aflatoxins, the sampling and the analyses shall be performed in accordance with Regulation (EC) No 152/2009;

(c)

for food and feed listed in Annexes I and II due to possible non-compliance with the maximum allowed levels of pesticides residues the sampling shall be performed in accordance with Directive 2002/63/EC;

(d)

for guar gum listed in Annex II due to possible contamination with pentachlorophenol and dioxins the sampling for the analysis of pentachlorophenol shall be performed in accordance with Directive 2002/63/EC and the sampling and analyses for the control of dioxins in feed shall be performed in accordance with Regulation (EC) No 152/2009;

(e)

for food listed in Annexes I and II due to the risk of presence of Salmonella, the sampling and the analyses for the control of Salmonella shall be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex III;

(f)

the methods of sampling and analyses referred to in the footnotes to Annexes I and II shall be applied in relation to hazards other than those referred to in points (a), (b), (c), (d) and (e).

Article 4

Release for free circulation

The custom authorities shall only allow the release for free circulation of consignments of food and feed listed in Annexes I and II upon presentation of a duly finalised Common Health Entry Document (CHED) as provided for in Article 57(2)(b) of Regulation (EU) 2017/625, which confirms that the consignment is in compliance with the applicable rules referred to in Article 1(2) of that Regulation.

SECTION 2

TEMPORARY INCREASE OF OFFICIAL CONTROLS AT BORDER CONTROL POSTS AND CONTROL...