(fra kommisjonsforordningen)

(1) Commission Implementing Regulation (EU) 2019/17933 lays down rules on the temporary increase of official controls at the entry into the Union on certain consignments of food and feed of non-animal origin from certain third countries listed in Annex I to that Implementing Regulation, and on the imposition of special conditions governing the entry into the Union of certain consignments of food and feed from certain third countries due to the risk of contamination by mycotoxins, including aflatoxins, pesticide residues, microbiological contamination, Sudan dyes and plant toxins listed in Annex II to that Implementing Regulation. 

(2) Article 12 of Implementing Regulation (EU) 2019/1793 lays down the obligation of the Commission to review at regular intervals not exceeding six months the lists set out in the Annexes to that Implementing Regulation, in order to take into account new information related to risks for human health and non-compliance. Such new information includes the data resulting from notifications received through the Rapid Alert System for Food and Feed (‘RASFF’) established by Regulation (EC) No 178/2002, as well as data and information concerning consignments and the results of the documentary, identity and physical checks carried out by Member States and communicated to the Commission. 

(3) Recent notifications received through the RASFF indicate the existence of serious direct or indirect risk for human health deriving from certain food or feed. Additionally, official controls performed by the Member States on certain food and feed of non-animal origin in the second semester of 2024 indicate that the lists set out in Annexes I and II to Implementing Regulation (EU) 2019/1793 should be amended in order to protect human health in the Union. 

(4) Furthermore, certain legal acts referred to in Articles 3 and 10 of Implementing Regulation (EU) 2019/1793 have been repealed. Therefore, the references to those legal acts should be updated, and that Implementing Regulation should be amended accordingly. 

(5) There are no commodities listed in Annex II to Implementing Regulation (EU) 2019/1793 due to possible contamination by pentachlorophenol and dioxins. The provisions concerning those contaminants in Articles 3 and 10 of that Implementing Regulation should therefore be deleted. 

(6) Article 9(3) of Implementing Regulation (EU) 2019/1793 provides for a derogation from Article 9(2) of that Implementing Regulation. That derogation should not be limited to commodities listed in Annex II to that Implementing Regulation due to possible contamination by mycotoxins. Therefore, Article 9(3) of Implementing Regulation (EU) 2019/1793 should be amended accordingly. 

(7) In relation to consignments of granadilla and passion fruit (Passiflora ligularis and Passiflora edulis) from Colombia, 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 20 % in Annex I to Implementing Regulation (EU) 2019/1793. 

(8) In relation to consignments of vine leaves from Egypt, 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 50 % in Annex I to Implementing Regulation (EU) 2019/1793. 

(9) In relation to consignments of mango (Mangifera indica) from Egypt, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks for human health, due to possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Egypt. 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. 

(10) Peppers of the genus Piper, dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta, ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices from Ethiopia have been subjected to an increased level of official controls and to special conditions at their entry into the Union due to the risk of contamination by aflatoxins since December 2019. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. The results of those controls provide evidence that the entry of those foodstuffs into the Union do not constitute a serious risk for human health. Consequently, it is not necessary to continue to provide that each consignment is to be accompanied by an official certificate stating that all the results of sampling and analysis show compliance with the relevant requirements provided for in Union legislation. However, Member States should continue to carry out controls to ensure that the current level of compliance is maintained. Therefore, the entry on peppers of the genus Piper, dried or crushed or ground fruit of the genus Capsicum or of the genus Pimenta, ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices from Ethiopia in point 1 of Annex II to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex I to that Implementing Regulation, with a frequency of identity and physical checks set, in light of the number of consignments in the last years, at 30 % of consignments entering the Union. 

(11) In relation to consignments of bottle gourd (Lagenaria siceraria) from India, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks for human health, due to possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from India. 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. 

(12) In relation to consignments of yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from Sri Lanka, 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. 

(13) In relation to consignments of tahini and halva from Sesamum seeds from Syria, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by Salmonella 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. 

(14) Grapefruits from Türkiye have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2022. The official controls carried out by the Member States show improvement in compliance with the relevant requirements provided for in Union legislation. Therefore, while an increased level of official controls is still appropriate, the level of 20 % of consignments entering the Union is no longer justified for that commodity and the frequency of controls should be decreased to 10 % of consignments entering the Union in Annex I to Implementing Regulation (EU) 2019/1793. 

(15) In relation to consignments of tomatoes (Solanum lycopersicum L.) from Türkiye, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of new risks for human health, due to possible contamination by pesticide residues. It is therefore necessary to require an increased level of official controls on entries of that commodity from Türkiye. 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. 

(16) Drumsticks (Moringa oleifera) from India have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since January 2022. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of drumsticks (Moringa oleifera) from India. In particular, all consignments of drumsticks (Moringa oleifera) from India should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on drumsticks (Moringa oleifera) from India in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. 

(17) Yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from India have been subjected to an increased level of official controls due to the risk of contamination by pesticide residues since July 2022. The official controls carried out on that commodity by the Member States show a persistent high rate of non-compliance since the establishment of the increased level of official controls. Those controls provide evidence that the entry of that commodity into the Union constitutes a serious risk for human health. It is therefore necessary, in addition to the increased level of official controls, to provide for special conditions in relation to the importation of yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from India. In particular, all consignments of yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from India should be accompanied by an official certificate stating that all the results of sampling and analyses show compliance with Union requirements. The results of sampling and analyses should be attached to that certificate. Therefore, the entry on yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from India in Annex I to Implementing Regulation (EU) 2019/1793 should be deleted and transferred to Annex II to that Implementing Regulation, with a frequency of identity and physical checks set, in light of the number of consignments in the last years, at 50 % of consignments entering the Union. 

(18) In relation to dried figs, mixtures and products produced from dried figs from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins 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. 

(19) In addition, for consignments of dried figs, mixtures and products produced from dried figs from Türkiye, data from RASFF notifications and information regarding official controls performed by the Member States indicate the emergence of a risk for human health, due to possible contamination by Ochratoxin A. As aflatoxins and Ochratoxin A are both mycotoxins which present similar risks for human health and as the level of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by aflatoxins and Ochratoxin A is similar , it is appropriate to include the additional hazard Ochratoxin A for consignments of dried figs, mixtures and products produced from dried figs from Türkiye in Annex II to Implementing Regulation (EU) 2019/1793, with a frequency of identity and physical checks set at 30 % of consignments entering the Union. 

(20) In relation to cumin seeds from Türkiye, a high rate of non-compliance with the relevant requirements provided for in Union legislation with respect to contamination by pyrrolizidine alkaloids 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 50 % in Annex II to Implementing Regulation (EU) 2019/1793. 

(21) Furthermore, certain legal acts referred to in the model official certificate in Annex IV to Implementing Regulation (EU) 2019/1793 have been repealed. Therefore, the references to those legal acts referred to in the model official certificate in Annex IV to that Implementing Regulation should be updated accordingly. 

(22) To have the possibility of providing guarantees for commodities listed in Annex II to Implementing Regulation (EU) 2019/1793 that are subject to special conditions for the entry into the Union due to contamination risk by the mycotoxins ‘aflatoxins’ and ‘Ochratoxin A’, point II.2.1 of the model official certificate in Annex IV to that Implementing Regulation should be amended accordingly. 

(23) In addition, since currently there are no commodities listed in Annex II to Implementing Regulation (EU) 2019/1793 due to possible contamination by pentachlorophenol and dioxins, it is appropriate to delete point II.2.3 of the model official certificate in Annex IV to that Implementing Regulation. 

(24) To ensure legal certainty for the entry into the Union of consignments that have already been dispatched from the country of origin or from another third country, if that country is different from the country of origin, when this Regulation enters into force, it is appropriate to provide for a transitional period of two months for consignments of drumsticks (Moringa oleifera) and yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) from India, which are not accompanied by the results of sampling and analyses and an official certificate. During this transitional period, public health protection is ensured for those consignments, since they are subjected to identity and physical checks for drumsticks (Moringa oleifera) at a frequency of 30 % and for yardlong beans (Vigna unguiculata ssp. sesquipedalis, Vigna unguiculata ssp. unguiculata) at a frequency of 50 %, when entering the Union. 

(25) Implementing Regulation (EU) 2019/1793 should therefore be amended accordingly. 

(26) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,