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Regulations On Special Safeguard Measures On Imports Of Certain Foodstuffs From Third Countries Due Pesticidrisiko

Original Language Title: Forskrift om særskilte beskyttelsestiltak ved import av visse næringsmidler fra tredjestater på grunn av pesticidrisiko

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Regulations on special safeguard measures on imports of certain foodstuffs from third countries due pesticidrisiko


Date FOR-2014-09-02-1141


Ministry of Agriculture and Food, the Ministry of Health


Published In 2014 Booklet 12


Commencement 03/09/2014

Edited

FOR-2015-12-28-1845 from 01/01/2016

Changes
FOR 2013-02-14-196

For
Norway

Legal

LOV-2003-12-19-124-§16 LOV-2003-12-19-124-§17, LAW-2003-12-19-124-§23, TO-2003-12-19- 1790, TO-2004-05-05-884

Promulgated
09.05.2014 kl. 14.30

Short Title
Regulations on import of certain foodstuffs from third countries

Chapter Overview:

Main part
Ordinances Rule Reading Help
Ordinances in pdf

Adopted by the FSA 2 September 2014 pursuant to the Act of 19 December 2003 no. 124 relating to food production and food safety. (Food Act) § 23 third paragraph, ref. § 16 and § 17; see. Delegated Decision of 19 December 2003 no. 1790, delegating decision on 5 May 2004 no. 884.
EEA information: EEA Annex I Sec. In section 7.1 No.. 13, chap. II Nos. 41 and Annex II Sec. XII of. 54zzzc (Regulation (EC). 885/2014).
Changes: Amended by regulations 22 Dec 2014 No.. 1900, 28 Dec 2015 No.. 1845.

§ 1. Scope These regulations apply enhanced controls on imports of okra and curry leaves from India for use as foodstuffs for Norway's point of entry in the EEA.
Regulations also apply to imports of products containing more than 20% of one or more of the products mentioned in the first paragraph.
Regulation does not personal consignments of foodstuffs intended for private use.

§ 2. Import Conditions EEA Agreement, Annex Chap. I, Part 7.1 no. 13, Chap. II Nos. 41 and Annex II Sec. XII of. 54zzzc (Regulation (EC). 885/2014) concerning specific import conditions for okra and curry leaves from India, and repeals Commission implementing Regulation (EU) no. 91/2013, applies as regulations with such modifications as required by Annex I and II, protocol 1 to the agreement and the agreement otherwise.

§ 3. The designated points of entry (DPE) Mattilsynet border inspection posts at Oslo Airport, Oslo harbor, Borg harbor and Larvik port designated as points of entry (DPE) under Regulation (EC). 885/2014 Article 7
Operations manager food business or his representative shall prepare the shipment for inspection at one of those points of entry.

§ 4. Fees The operator of food business or his representative shall pay a fee for the official controls on imports of consignments of foodstuffs.
For imports of consignments of foodstuffs shall be paid:

A)
£ 1475, - per shipment for document control,

B)
£ 735, - per hour or £ 365, - per started half hour when it carried out identity checks and physical control of the consignment, and

C)
cost of analyzing samples for shipment.

§ 5. Supervision and decision FSA supervises and may make the necessary decisions,. Food Act § 23, to achieve compliance with the provisions laid down in or pursuant to these regulations. The Authority can also issue individual decisions pursuant to the Food Act § 24 to § 26

§ 6. Penalties Violation of the provisions of these regulations or decisions made pursuant to these regulations is punishable under the Food Act § 28

§ 7. Entry into force This regulation comes into force on 3 September 2014. repealed 14 February 2013 No.. 196 on special import terms for certain non-animal products from Ghana, India and Nigeria.


Ordinances
Regulation (EC). 885/2014 (English)

Below we list the information EEA Agreement Annex I, Chapter I, Part 7.1 no. 13, Chap. II Nos. 41 and Annex II Sec. XII of. 54zzzc (Regulation (EC). 885/2014) with the amendments and additions provided by the EEA adaptation of the act in accordance with Annexes I and II to the EEA agreement.
The certificate referred to in Article 5 are under Annex II of pdf file below.

COMMISSION IMPLEMENTING REGULATION (EU) No 885/2014
of 13 August 2014
laying down specific conditions applicable to the import of okra and curry leaves from India and repealing Implementing Regulation (EU) No 91/2013
(Text with EEA relevance)

THE EUROPEAN COMMISSION,
Having regard 'to the Treaty on the Functioning of the European Union,
Having regardness two Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and Requirements of food law, Establishing the European food Safety Authority and laying down procedures in matters of food safety, 1 and in the shower Article 53 (1) (b) (ii) thereof,

Having regardness two Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls Performed two ENSURE the verification of compliance with feed and food law, animal health and animal welfare rules, 2 and in the shower Article 15 (5) thereof,
wherea:

(1)
Article 53 of Regulation (EC) No 178/2002 Provider for the Possibility two Adopt APPROPRIATE Union Emergency Measures for feed and food imported from a third country in order two protect human health, animal health and the environment, where the risk can not be contained satisfactorily by Means of Measures taken by the Member States individually.

(2)
Commission Regulation (EC) No 669/20093 establishes an Increased level of official controls on imports of certainties feed and food of non-animal origin.

(3)
Amongst other, an Increased frequency of official controls on imports HAS BEEN established for more than two years on curry leaves and for nearly two years on Okrasa from India as regards pesticide residue.

(4)
The results from the Increased frequency of controls show a continuous high frequency of non-compliance with the maximum residue levels of pesticide residues established in Union Legislation and several times very high levels were observed. These results not provide evidence That the import of These foods constitutes a risk for human health. No improvement of the situation could be observed after this period of Increased frequency of controls at Union borders. Further More, no concrete and satisfactory action plan two remediate the shortcomings and deficiencies in the production and control systems was Received from the Indian Authorities, Despite the explicit request from the European Commission.

(5)
Two protect human health in the Union, it was Necessary two provideh for additional Guarantees in relation two Reviews those food from India. Commission Implementing Regulation (EU) No 91/20134 there be provided That All consignments of curry leaves and okra from India should there occur request accompanied by a certificate stating That the products havebeen sampled and analysed for the presence of pesticide residues and havebeen found compliant with Union Legislation.

(6)
Two ENSURE an efficient organization and a degree of uniformity at the Union level of the controls that import on the presence of aflatoxins in certainties feed and food from third countries certainties, it is APPROPRIATE two have all feed and food from third countries subject two specific conditions Because of the presence of aflatoxins into one Regulation.

The Therefore the Konvertibelt as regards groundnuts from India and Ghana and watermelon seeds from Nigeria should be integrated into one Regulation with the Konvertibelt foreseen in Commission Regulation (EC) No 1152 / 2009.5

(7)
In order two ENSURE an efficient organization and a degree of uniformity at the Union level of the controls that imports, it is APPROPRIATE two provideh in this Regulation for control procedures for the physical control on pesticide residues on curry leaves and okra from India wooden are equivalent to the Existing Measures as provided for in Commission Regulation (EC) No 669/2009.

(8)
The sampling and the analysis of consignments should be Performed in accordance with the relevant Union Legislation. The maximum residue levels for pesticide residues are established by Regulation (EC) No 396/2005 of the European Parliament and of the Council.6 The Konvertibelt on sampling for the official control of pesticide residues are established by Commission Directive 2002/63 / EC. 7

(9)
The Measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS adopted THIS REGULATION:

Article 1 Scope

1. This Regulation Shall apply two consignments of the following Constantly food falling within at the CN codes and TARIC Classifications set out in Annex I:

(A)
Okra (food, fresh and frozen) Originating in or consigned from India;

(B)
Curry leaves (food, herbs) Originating in or consigned from India.

2. This Regulation Shall Also apply two compound food, containing any of the food Referred two in paragraph 1 in a quantity above 20%.

3. This Regulation shall not apply two consignments of food Referred two in Paragraphs 1 and 2 wooden are Destined to a private person for personal consumption and use only. In case of doubt, the burden of proof lies with the recipient of the consignment.

Article 2 Definitions
For the purpose of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002, Article 2 of Regulation (EC) No 882/2004 and Article 3 of Regulation (EC) No 669/2009 Shall apply.
For the purpose of this Regulation, a consignment corresponde to a lot as Referred two in Directive 2002/63 / EC.

Article 3 Import into the Union

Consignments of food Referred two in Article 1 (1) and (2) march only be imported into the Union in accordance with the procedures laid down in this Regulation.
Consignments of suchlike food can only enter the Union through the Designated Point of Entry (DPE).

Article 4 Results of sampling and analysis

1. Consignments of the food Referred two in Article 1 (1) and (2) Shall be accompanied by the results of sampling and analysis Performed by the competent Authorities of the country of origin, or of the country where the consignment is consigned from if That Country is different from the country of origin, two ascertains compliance with Union Legislation on maximum residue levels of pesticides, for the food Referred two in Article 1 (1) (a) and (b) includingsuch compound food containing suchlike food in a quantity above 20 %.

2. The sampling Referred two in paragraph 1 must be Performed in accordance with Directive 2002/63 / EC for pesticide residue.

Article 5 Health certificate

1. The consignments Shall Also ask accompanied by a health certificate in accordance with the model set out in Annex II.

2. The health certificate Shall Be completed, signed and verified by an Authorised representative of the competent authority of the country of origin or the competent authority of the country where the consignment is consigned from if That Country is different from the country of origin.

3. The health certificate Shall Be drawn up in the official language, or in one of the official languages, of the Member State where the DPE is located. However, a Member State apr consent to health certificates being drawn up in another official language of the Union.

4. The health certificate Shall only be valid during four months from the date of issue.

Article 6 Identification
Each consignment of the food Referred two in Article 1 (1) and (2) Shall Be Identified with an identification code wooden corresponde to the identification code Mentioned on the results of the sampling and analysis Referred two in Article 4 and the health certificate Referred two in Article 5. Each individual bag, or other packaging form, of the consignment Shall be Identified with That identification code.

Article 7 Prior notification of consignments

1. Food business operators or Their representatives Shall give prior notification of the Estimated date and time of physical arrival of consignments of the food Referred two in Article 1 (1) and (2) to the competent Authorities at the DPE and of the nature of the consignment .

2. For the purpose of prior notification, They Shall complete Part I of the common entry document (CED) and transmit That document to the competent authority at the DPE, the least one working day prior to the physical arrival of the consignment.

3. For the completion of the CED in application of this Regulation, food business operators Shall take intoaccount for the food Referred two in Article 1 (1) (a) and (b) of this Regulation includingsuch compound food containing suchlike food in a quantity above 20%, the notes for guidance for the CED laid down in Annex II two Regulation (EC) No 669/2009.

Article 8 Official controls

1. The competent authority at the DPE Shall carry out documentary checks on each consignment of the food Referred two in Article 1 (1) and (2) two ascertains compliance with the Requirements laid down in Articles 4 and 5.

2. The identity and physical checks on the food Referred two in Article 1 (1) (a) and (b) and the related compound food Referred two in Article 1 (2) of this Regulation Shall Be the carried out in accordance with Articles 8, 9 and 19 of Regulation (EC) No 669/2009 at the frequency set out in Annex I to this Regulation.

3. After completion of the checks, the competent Authorities Shall

(A)
complete the relevant entries of Part II of the CED;

(B)
join the results of sampling and analysis the carried out in accordance with paragraph 2 of this Article;

(C)
provideh and fill the CED reference number on the CED;

(D)
stamp and sign the original of the CED;

(E)
makeover and Retain a copy of the signed and stamped CED.

4. The original of the CED and of the health certificate with the accompanying results of sampling and analysis Referred two in Article 4 Shall accompany the consignment during its transfer until it is released for free circulation. For food Referred two in Article 1 (1) and (2), in case of Authorisation of onward transportation of the consignments pending the results of the physical checks, a certified copy of the original CED Shall Be issued for That purpose.

Article 9 Splitting of a consignment

1. Consignments shall not be split until all official controls havebeen completed, and the CED HAS BEEN fully completed by the competent Authorities as provided for in Article 8


2. In the case of Subsequent splitting of the consignment, an authenticated copy of the CED Shall accompany each part of the consignment during its transfer until it is released for free circulation.

Article 10 Release for free circulation
The release for free circulation of consignments Shall Be subject to the presentation (physically or Electronically) by the food business operators or Their representative to the custom Authorities of a CED Duly completed by the competent authority once all official controls havebeen the carried out. The custom Authorities Shall only release the consignment for free circulation if a favor comfortable decision by the competent authority is Indicated in box II.14 and signed in box II.21 of the CED.

Article 11 Non-compliance
If the official controls Establish non-compliance with the relevant Union Legislation, the competent authority Shall complete Part III of the CED and action Shall Be taken pursuant two Articles 19, 20 and 21 of Regulation (EC) No 882/2004.

Article 12 Reports
Member States Shall submit to the Commission every three months a report of all analytical results of official controls on consignments of food pursuant to this Regulation. That report Shall Be Corbet during the month following Constantly each quarter.
The report Shall include The Following information:

-
The number of consignments imported,

-
The number of consignments subjected two sampling for analysis,

-
The results of the checks as provided for in Article 8 (2).

Article 13 Costs
All costs Resulting from the official controls includingsuch sampling, analysis, storage and any Measures taken following Constantly non- compliance, Shall Be borne by the food business operators.

Article 14 repeals
Implementing Regulation (EU) No 91/2013 is Hereby repealed.

Article 15 Entry into force
This Regulation Shall enter into force on the third day following Constantly That of its publication in the Official Journal of the European Union.
This Regulation Shall Be binding in its entirety and Directly applicable in all Member States.
Done at Brussels, 13 August 2014.
For the Commission
The President
José Manuel BARROSO

Annex I to Regulation (EC). 885/2014

Food of non-animal origin subject to the Measures provided for in this Regulation:

Feed and food (intended use)
KN Code1
Norwegian Part Number
State of Origin
risk
frequency of physical checks and identity checks (%)


Okra ex 0709 99 90
ex 07.09.9990
India
residues of plant protection agents, analyzed by multi-residue methods based on GC-MS and LC-MS or by single residue metoder2

20

(Food - fresh and frozen)

Curry Leaves (Bergere / Murraya koenigii)
ex 1211 90 86
ex 12.11.9000
India
residues of plant protection agents, analyzed by multi-residue methods based on GC-MS and LC MS or by single residue metoder3

20

(Food - herbs - fresh, dried and frozen)

Annex II to Regulation (EU) No. 885/2014

For health certificate Regulation (EC). 885/2014 see pdf file below.

Ordinances in pdf

Below we list Regulation (EC). 885/2014.
To read Regulation (EC). 885/2014, with the animal health certificate in Annex II, see here: