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2. INCREASED OFFICIAL CONTROLS

Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC 

Commission Regulation (EC) No 669/2009 implementing Article 15.5 of Regulation (EC) No 882/2004 sets out the requirements for increased official controls:

  • Prior notification is required (at least 1 working day prior to arrival of the consignment)
  • Common Entry Document (CED) must be completed
  • Designated Points of Entry are Dublin Port and Dublin Airport
  • Minimum facilities that must be provided to carry out the official controls
  • Documentary checks must be carried out on all consignments, identity and physical checks must be carried out on consignments at the frequency set out in Annex I
  • Annex I sets out the list of products / country of Origin / hazards / frequencies of identity and physical checks to be carried out
  • Results of official controls are to be available as soon as technically possible
  • Product is to be released only where the CED form is complete and where physical checks have been carried out, the results are satisfactory
  • Consignments cannot be split until controls and the CED form are completed; if split before release for free circulation, an authorised copy of the CED form must accompany each part
  • Cost recovery is required for increased official controls
  • Report to the European Commission is required on a quarterly basis; inform RASFF of non-compliances
  • Annex I is reviewed on a quarterly basis 

 Commission Regulation (EC) No 669/2009 has been amended by:

Regulation (EU) No 323/2014 amends both Annex I and II. Minor amendments have been made to the CED form to provide clarity and compatibility with the CVED form 

were introduced to replace/amend Annex I. In effect they are repealed with each quarterly review. Regulation (EU) No 1355/2013 revokes Regulation (EU) No 925/2013. 

Regulation (EU) No 323/2014 applies from 1st April 2014.  

 Commodity  

Country  

Status  

Aflatoxins  

Hazelnuts  Azerbaijan      Delisted 

 Peanuts and derived products  

 Brazil 

Retain status quo 

 

Dried spices   

 

India   

 

Mace, ginger and curcuma delisted      

 

Nutmeg       

 

Indonesia 

 

 Mace delisted 

Watermelon seeds and derived products  

 Sierra Leone

Retain status quo 

Ochratoxin A  

Dried grapes (Vine fruit)   

 

Afghanistan   

 

Retain status quo 

 
Dried grapes (Vine Fruit)  Uzbakistan  Retain status quo 

Pesticide Residues  

Brassica olerace 

 

 China 

 

 Retain status quo 

Pomelos 

 China

 Retain status quo

Tea, whether or not flavoured 

 China

Retain status quo 

 Bitter melon and aubergines 

 

 Dominican Republic 

 

Retain status quo  

 
Yard long beans and pepper       Dominican Republic  Retain status quo   
Oranges and strawberries  Egypt  Retain status quo 
Peppers (sweet and other than sweet)      Egypt   Retain status quo 

Peas and beans with pods   

 

Kenya   

 

Retain status quo 

Mint (fresh)  

Morocco  

Retain status quo 

 
Dried beans  Nigeria  Retain status quo 
Peppers (other than sweet) Thailand  Retain status quo 
Coriander leaves, basil, mint and parsley (fresh)    Thailand  Retain status quo 
Brassica vegetables  Thailand  Delisted 

Yard long beans and aubergines  

Thailand  

 

Retain status quo 

Sweet peppers  Turkey  Retain status quo 
Vine leaves Turkey Frequency of identity and physical checks 10%

 Coriander leaves, basil, mint and parsley (fresh)  

Vietnam  

Retain status quo 

Okra and peppers  

Vietnam  

Retain status quo 

Contaminants  

Dried noodles for aluminium 

 China 

 

 Delisted 

Enzymes/prepared enzymes for chloramphenicol  India   Frequency of identity and physical checks 50% 

Microbiology  

Strawberries (frozen) for norovirus and hepatitis A  

China  

Retain status qup 

 Betel leaves for Salmonella  India  Frequency of identity and physical checks 10% 
 Betel leaves for Salmonella  Thailand  Frequency of identity and physical checks 10% 
 Coriander leaves, basil (holy and sweet) and mint for salmonella    Thailand   Retain status quo 

 

National Legislation

Food of non-animal origin other than for pesticide residues

European Communities (Official Controls on the import of food of non-animal origin) Regulations 2010 [S.I. No. 391/2010]  

  • Transposes Regulation (EC) No 882/2004 Title II Chapter V and Regulation (EC) No 669/2009 implementing Article 15.5 of Regulation (EC) No 882/2004
  • Provides for official detention of consignments in order to carry out official controls and deal with non-compliant products
  • Sampling for specific hazards is to be carried out in accordance with relevant food legislation, e.g. mycotoxins are sampled under Regulation (EC) No 401/2006
  • The food business operator / representative must be provided with a written notification of any action to be taken under these Regulations, the reasons and information on the right of appeal
  • Fees must be set and charged to cover costs for increased official controls
  • The FSAI or the HSE may order that a consignment be destroyed, or otherwise disposed of where a food business operator fails to pay the fee or where the consignment is abandoned.

European Communities (Official Controls on the import of food of non-animal origin) (Amendment) Regulations 2014 [S.I. No 178 of 2013]

  • S.I. No 178 of 2013 amends S.I. No. 391 of 2010 by substituting European Economic Area for European Union in the definition of Designated Point of Entry
  • Including Regulation (EU) No 91/2013 in the definition of Regulation (EC) No 669/2009 as amended – see 3A(i) below

European Communities (Official Controls on the import of food of non-animal origin) (Amendment) Regulations 2014 [S.I. No. 14 of 2014]

  • This is to give effect to Commission Regulation (EC) No 1355/2013 which contains Annex I – effective from 1st January 2014
  • The definition of Regulation (EC) No 669/2009 is substituted by a new definition to include Regulation (EU) No 1135/2013 and replacing the footnote reference accordingly
  • S.I. No. 423 of 2013 is revoked

Note: On the basis that the amendments are to Annex I only and not to the body of the Regulation, the DOH will introduce as required a new S.I.to transpose the latest amendment to Regulation (EC) No 669/2009 and revoke the previous S.I. which transposed the last amendment. In essence at any one time S.I. 391 of 2010 [transposing Regulation (EC) No 669/2009 and 212/2010],  S.I. No. 178 of 2013 and another S.I. [transposing the current amendment to Annex I] will be in place to give full effect to the EU Regulations.

Note: DOH is transposing Regulation (EU) No 323/2014 .

Food of non-animal origin for pesticide residues

European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticide Residues) (Amendment) Regulations 2014 [S.I. No. 12 of 2014] 

Regulation EC No 669/2009 as amended by Regulation EC No 212/2010 is transposed into national legislation by European Communities (Official Controls on the Import of Food of Non-Animal origin for Pesticide Residues) Regulations 2011 [S.I. No. 426 of 2011].

S.I. No. 426 of 2011 has been further amended by S.I. No. 12 of 2014 to include Regulation (EU) No 91/2013 and Regulation (EU) No 925/2013.
• This is to give effect to Commission Regulation (EC) No 91/2013 and Commission Regulation (EC) No 1355/2013
• The definition of Regulation (EC) No 669/2009 is substituted by a new definition to include Regulation (EU) No 91/2013 and Regulation (EU) No 1355 of 2013 and replacing the footnote reference accordingly
• European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticide Residues) (Amendment) (No.4) Regulations 2013 [S.I. No. 408 of 2013] is revoked
 

Note: On the basis that the amendments are to Annex I only and not to the body of the Regulation, the DAFM will introduce as required a new S.I.to transpose the latest amendment to Regulation (EC) No 669/2009 and revoke the previous S.I. which transposed the last amendment. In essence at any one time S.I. 426 of 2011 [transposing Regulation (EC) No 669/2009 and 212/2010] and another S.I. [transposing the current amendment to Annex I and Commission implementing regulation (EU) No 91/2013] will be in place to give full effect to the EU Regulations.

Note: DAFM is transposing Regulation (EU) No 323/2014.

Feed

Regulation EC No 669/2009 as amended by Regulation EC No 212/2010 is transposed into national legislation by European Communities (Food and Feed Hygiene) (Amendment) Regulations 2010 [S.I. No. 312 of 2010].

Competent authority

Food of non-animal origin other than for pesticide residues: Health Service Executive. They can be contacted at: porthealth@hse.ie, Telephone: 00353(0) 1 8976140.

Food of non-animal origin for pesticide residues: Department of Agriculture, Food and the Marine: Pesticides. They can be contacted at pcs_icon@agriculture.gove.ie  
Fax: 00353(0)1-6157575.

Feed: Department of Agriculture, Food and the Marine. They can be contacted at: feedimports@agriculture.gov.ie Telephone: 00353(0) 1 5058892, Fax: 00353(0) 1 6275935 or Gerry.Lohan@agriculture.ie Telephone: 00353(0) 1 5058766, Fax: 00353(0) 1 6275955. 

Last reviewed: 20/8/2014

Approved Food Establishments 

Approved

Labelling 

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Legislation