The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022

Made: 16th November 2022

Laid before Parliament: 17th November 2022

Coming into force: 17th January 2023

As required by Article 144(7) of the Official Controls Regulations, the Secretary of State has consulted with such bodies or persons as appear appropriate.

Citation, commencement, extent and application

1

• (1) These Regulations may be cited as the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022 and come into force on 17th January 2023.

• (2) These Regulations extend to England and Wales but apply in relation to England only.

Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc

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 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[^f00003] is amended as follows.

• (2) In Article 1, in paragraph 1(b)—

• (a) in subparagraph (i), for “Table 1” substitute “Table 1 (England)”;

• (b) in subparagraph (ii)—

• (i) for “Table 1” substitute “Table 1 (England)”;

• (ii) for “Table 2” substitute “Table 2 (England)”.

• (3) In Article 8 —

• (a) in paragraph 3—

• (i) for both references to “Table 2” substitute “Table 2 (England)”;

• (ii) for “Table 1”, in each place, substitute “Table 1 (England)”.

• (b) In paragraph 4—

• (i) for “Table 2” substitute “Table 2 (England)”;

• (ii) for “Table 1”, in each place substitute “Table 1 (England)”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In Annex 2—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for the second table (Compound food referred to in Article 1(1)(b)(ii) substitute the table in Schedule 3.

• (6) In Annex 2a, for the table substitute the table in Schedule 4.

SCHEDULE 1 — Substitution of the table in Annex I to Commission Implementing Regulation (EU) 2019/1793 in relation to England

SCHEDULE 2 — Substitution of the first table in Annex 2 to Commission Implementing Regulation (EU) 2019/1793 in relation to England

SCHEDULE 3 — Substitution of the second table in Annex 2 to Commission Implementing Regulation (EU) 2019/1793 in relation to England

SCHEDULE 4 — Substitution of the table in Annex 2a to Commission Implementing Regulation (EU) 2019/1793 in relation to England

Signed

Neil O’Brien — Parliamentary Under-Secretary of State, — Department of Health and Social Care — 16th November 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend 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 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 (“Regulation (EU) 2019/1793”) in relation to England.

Regulation 2 replaces the tables in Annexes 1, 2 and 2a of Regulation (EU) 2019/1793.

In the first table in Annex I to Regulation (EU) 2019/1793, the following entries have been amended in respect of the frequency of identity and physical checks:

• increase from 20% to 50% for black pepper from Brazil for Salmonella;

• decrease from 50% to 20% for hazelnuts and associated products from Georgia for aflatoxins;

• increase from 10% to 20% for okra from India for pesticide residues;

• increase from 20% to 50% for jackfruit from Malaysia for pesticide residues;

• increase from 10% to 20% for peppers of the Capsicum species (other than sweet) from Thailand for pesticide residues;

• increase from 5% to 20% for mandarins (including tangerines and satsumas), clementine, wilkings and similar citrus hybrids from Turkey for pesticide residues;

• increase from 10% to 20% for oranges from Turkey for pesticide residues;

• increase from 10% to 20% sweet peppers (capsicum annuum) from Turkey for pesticides residues;

• increase from 20% to 50% for peppers of the Capsicum species (other than sweet) from Uganda for pesticide residues.

The following entries have been inserted into Annex 1 to Regulation (EU) 2019/1793:

• groundnuts (peanuts) and associated products from Brazil in respect of pesticide residues;

• food containing or consisting of betel leaves from Thailand;

• lemons from Turkey;

• peppers of the Capsicum species (other than sweet) from Turkey.

The following entries have been transferred from the first table in Annex 2 to Regulation (EU) 2019/1793 to the table in Annex 1 with no change in the frequency of identity and physical checks:

• groundnuts (peanuts) and associated products from Brazil;

• hazelnuts and associated products from Turkey.

The entry for groundnuts and associated products from China for aflatoxins has been transferred from the first table in Annex 1 to Regulation (EU) 2019/1793 to the table in Annex 1. The frequency of physical and identity checks has been decreased from 20% to 10%.

The following entries have been omitted from the table in Annex 1 to Regulation (EU) 2019/1793:

• goji berries from China for pesticides residues;

• dried grapes (including dried grapes cut or crushed into a paste without further treatment) from Turkey for Ochratoxin A;

• pistachios and associated products from the United States for aflatoxins.

The following entries have been transferred from Annex 1 to Regulation (EU) 2019/1793 to the first table in Annex 2 with no change in the frequency of identity and physical checks:

• sesamum seeds from Ethiopia.

• peppers of the Capsicum species (sweet or other than sweet) from Sri Lanka.

The following entries in the first table in Annex 2 to Regulation (EU) 2019/1793 have been amended in respect of identity and physical checks:

• increase from 10% to 50% for groundnuts (peanuts) and associated products from India for aflatoxins;

• increase from 20% to 50% for sesamum seedsfrom Sudan for Salmonella;

• increase from 20% to 50% for vine leaves from Turkey for pesticides residues.

The entry for food containing or consisting of betel leaves (Piper betle) from Bangladesh has been transferred from the table in Annex 2a to Regulation (EU) 2019/1793 to the first table in Annex 2.

An entry for sesamum seedsfrom Uganda has been included in the first table in Annex 2 to Regulation (EU) 2019/1793.

The entry for mixtures of spices has been included in the second table in Annex 2 to Regulation (EU) 2019/1793.

The TARIC sub-division for betel leaves (Piper betle) from Bangladesh, India and Thailand has been removed.

The TARIC sub-division for Guar Gum from India has been removed to reflect changes made by HMRC.

An impact assessment has not been produced for this instrument as no, or no significant impact on the public, private or voluntary sector is foreseen. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2002/178, amended by S.I. 2019/641 and 2022/377. See Article 3(19) for the definition of “appropriate authority”.

[^f00002]: EUR 2017/625, amended by S.I. 2020/1481. See Article 3(2A) for the definition of “the appropriate authority”.

[^f00003]: EUR 2019/1793 as amended by S.I. 2020/1631.

[^f00006]: EUR 1987/2658.

Editorial notes

[^key-63657b8075611d6124f99ce2fb45f626]: Sch. 3 in force at 17.1.2023, see reg. 1(1)

[^key-15bd76e120396bcc39bc805dc816874e]: Sch. 4 in force at 17.1.2023, see reg. 1(1)

[^key-342a9d1fcf6442d884d3df4c39c99cd6]: Reg. 2 in force at 17.1.2023, see reg. 1(1)

[^key-16a4e8d7ad64adb04a90792c78c2b475]: Reg. 1 in force at 17.1.2023, see reg. 1(1)

[^key-380e804b009ffe61249208ae5c12397b]: Sch. 1 omitted (7.3.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 (S.I. 2024/120), regs. 1(1), 3(b)

[^key-9db6fb58db1f806460a532c5ead52a73]: Sch. 2 omitted (7.3.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 (S.I. 2024/120), regs. 1(1), 3(b)

[^key-fae9c9514be13bd2b8a90cfe0d8e03af]: Reg. 2(4) omitted (7.3.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 (S.I. 2024/120), regs. 1(1), 3(a)

[^key-95a10bec6a521da2367d8d22ade0ac43]: Reg. 2(5)(a) omitted (7.3.2024) by virtue of The Official Controls (Import of High-Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2024 (S.I. 2024/120), regs. 1(1), 3(a)