Commission Implementing Regulation (EU) 2022/932 of 9 June 2022 on uniform practical arrangements for the performance of official controls as regards contaminants in food, on specific additional content of multi-annual national control plans and specific additional arrangements for their preparation (Text with EEA relevance)

• CELEX: Implementing Regulation (EU) 2022/932
• Articles: 11

Article 1 Subject matter and scope

This Regulation lays down uniform practical arrangements for the performance of official controls on the presence of contaminants in food, regarding:

(a)

the annual uniform minimum frequency of these official controls; and

(b)

specific arrangements and specific content for the Member States’ MANCPs, in addition to those laid down in Article 110 of Regulation (EU) 2017/625.

Article 2 Definitions

For the purposes of this Regulation, the definitions laid down in Council Regulation (EEC) No 315/93  ( 8 ) , Regulation (EC) No 178/2002, Regulation (EC) No 852/2004 of the European Parliament and of the Council  ( 9 ) , Regulation (EC) No 853/2004 of the European Parliament and of the Council  ( 10 ) , Regulation (EC) No 396/2005 of the European Parliament and of the Council  ( 11 ) , Commission Recommendation 2013/165/EU  ( 12 ) , Commission Regulation (EU) 2017/644  ( 13 ) and Commission Regulation (EU) 2017/2158  ( 14 ) shall apply.

Article 3 General provisions

Member States shall ensure that the part of the MANCP concerning the performance of official controls on the presence of contaminants in food includes the following:

(a)

a ‘control plan for food placed on the Union market’ as provided for in Article 4; and

(b)

a ‘control plan for food of animal origin entering the Union’ as provided for in Article 5.

Article 4 Control plan for food placed on the Union market

1.   Member States shall prepare a control plan concerning the presence of the contaminants or contaminant groups on food placed on the Union market, other than food of animal origin entering the Union. This plan shall cover official controls on each Member State’s domestic food production, food introduced from other Member States, food of non-animal origin entering the Union, and composite products, even those entering the Union from third countries.

2.   The control plan for food placed on the Union market shall set out:

(a)

the list of combinations of contaminants or contaminant groups and commodity groups to be controlled as decided by the Member State in accordance with Annex I to Delegated Regulation (EU) 2022/931;

(b)

the sampling strategy as decided by the Member State in accordance with Annex II to Delegated Regulation (EU) 2022/931; and

(c)

the actual control frequencies as decided by the Member State taking into account the annual minimum control frequencies laid down in Annex I.

3.   Member States may include in the control plans information on the controls as regards the combinations of contaminants or contaminant groups and commodity groups for which national maximum levels or other regulatory levels are established by national legislation.

Article 5 Control plan for food of animal origin entering the Union

1.   Member States shall prepare a control plan concerning the presence of the contaminants or contaminant groups in food of animal origin entering the Union and intended for placing on the Union market. This plan shall cover the official controls on food of animal origin entering the Union and intended to be placed on the Union market and on fishery products which are to be carried out on vessels when these call at a port in a Member State.

2.   The control plan for food of animal origin entering the Union shall set out:

(a)

the list of combinations of contaminants or contaminant groups and commodity groups to be controlled as decided by the Member State in accordance with Annex I to Delegated Regulation (EU) 2022/931;

(b)

the sampling strategy as decided by the Member State in accordance with Annex II to Delegated Regulation (EU) 2022/931; and

(c)

the actual control frequencies as decided by the Member State taking into account the annual minimum frequencies laid down in Annex II.

3.   Member States may include in the control plans information on the controls as regards the combinations of contaminants or contaminant groups and commodity groups for which national maximum levels or other regulatory levels are established by national legislation.

Article 6 Common requirements for the control plans

The control plans referred to in Article 3 shall, in addition, specify:

(a)

a justification for selected combinations of contaminants or contaminant groups and commodity groups, including an explanation on how the criteria listed in Annex I to Delegated Regulation (EU) 2022/931 were taken into account, even if no changes were made compared to the plan of the previous year;

(b)

in case a plan provides that official controls of certain combinations of contaminants or contaminant groups and commodity groups are not performed annually but within a certain time period, a justification of that decision; and

(c)

information about the competent authority/authorities responsible for the implementation of the plans.

Article 7 Submission and evaluation of the control plans

By 31 March of each year, the Member States shall submit the control plans referred to in Article 3 for the current year electronically to the Commission.

The Commission shall evaluate the control plans on the basis of this Regulation and Delegated Regulation (EU) 2022/931 and shall communicate its evaluation to each Member State, where needed.

The Member States shall consider the Commission’s comments when implementing their control plans and when preparing the next submission of their plans pursuant to this Article. However, where the Commission identifies a major non-compliance of a plan, it may request the concerned Member State to submit an updated plan at an earlier date than 31 March of the following year.

Where a Member State decides not to update its control plans based on the Commission’s comments, it shall justify its position.

Article 8 Submission of data by the Member States

By 30 June, the Member States shall transmit to the European Food Safety Authority (‘EFSA’) all data gathered under the control plans referred to in Article 3.

Article 9 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 January 2023.

Schedules & Appendices

ANNEX I Minimum control frequency per Member State in the control plan for food placed on the Union market

ANNEX I

Minimum control frequency per Member State in the control plan for food placed on the Union market

1.    Food of animal origin

(a)

Member States shall comply with the following minimum control frequencies in the control plan for food placed on the Union market:

Control frequency

Unprocessed bovine meat (including edible offal)

Minimum 0,02 % of the total number of slaughtered animals

Unprocessed ovine and caprine meat (including edible offal)

Minimum 0,004 % of the total number of slaughtered animals

Unprocessed porcine meat (including edible offal)

Minimum 0,003 % of the total number of slaughtered animals

Unprocessed equine meat (including edible offal)

The number of samples is to be determined by each Member State according to the level of production and the problems identified

Unprocessed poultry meat (including edible offal)

For each category of poultry considered (broiler chickens, spent hens, turkeys and other poultry) minimum 1 sample per 3 000 tonnes of annual production (deadweight)

Unprocessed meat from other farmed terrestrial animals  ( *1 ) (including edible offal)

The number of samples is to be determined by each Member State according to the level of production and the problems identified

Raw bovine milk

Minimum 1 sample per 110 000 tonnes of annual production of milk

Raw ovine and caprine milk

The number of samples is to be determined by each Member State according to the level of production and the problems identified

Fresh hen eggs and other eggs

Minimum 1 sample per 3 700 tonnes of annual production of eggs

Honey

Minimum 1 sample per 1 300 tonnes of annual production

Unprocessed fishery products  ( *2 ) (excluding crustaceans)

Minimum 1 sample per 700 tonnes of annual production of aquaculture for the first 60 000 tonnes of production and then 1 sample for each additional 2 000 tonnes

For wild caught fishery products, the number of samples is to be determined by each Member State according to the level of production and the problems identified

Crustaceans and bivalve molluscs

The number of samples is to be determined by each Member State according to the level of production and the problems identified

Animal and marine fats and oils

The number of samples is to be determined by each Member State according to the level of production and the problems identified

Processed products of animal origin  ( *3 )

The number of samples is to be determined by each Member State according to the level of production and the problems identified

(b)

Member States shall annually perform controls on ‘metals’ in minimum 10 % of the samples taken for each commodity group in accordance to the table of this Annex with the exception of the commodity groups ‘crustaceans and bivalve molluscs’, ‘animal and marine fats and oils’ and ‘processed products of animal origin’.

(c)

Member States shall annually perform controls on ‘mycotoxins’ in minimum 10 % of the samples taken for the commodity group ‘raw bovine milk’ and ‘raw ovine and caprine milk’ in accordance to the table of this Annex.

(d)

Within the commodity group ‘unprocessed bovine, ovine and caprine meat (including edible offal)’, Member States shall take samples from all species, taking into account their relative production volume.

(e)

Within the commodity group ‘unprocessed poultry meat (including edible offal)’, Member States shall take samples from all species, taking into account their relative production volume.

(f)

For the determination of the number of samples for fishery products and bivalve molluscs, Member States shall also take into account the geographical aspects, landing/production volumes and specific contamination patterns in the areas from which they are harvested.

(g)

For calculating the minimum control frequencies, Member States shall use the most recent production data available, at least from previous or at maximum from penultimate year, adjusted, if relevant, to reflect known evolutions in production since the data were made available.

(h)

In case the control frequency calculated in accordance with this Annex would represent less than five samples per year, sampling may be carried out once per two years.

(i)

In case that, within a three years period, the production corresponding to a minimum of one sample is not reached, Member States shall analyse a minimum of two samples once per three years provided that production takes place for that product in their territory.

(j)

Samples taken for the purposes of other control plans relevant for analysis on contaminants (e.g. on pharmacologically active substances and residues thereof, on pesticide residues), may also be used for controls on contaminants provided that the requirements concerning the controls on contaminants are complied with.

2.    Food of non-animal origin   ( 1 )

Member States shall at least take 100 to 2 000 samples per year depending on their population size. However, where it is necessary on account of the risk, more samples shall be taken to ensure controls remain effective.

Sampling shall be representative for the different contaminants, which may be present in different products on the Member State’s market, taking into account also different contaminant patterns in products originating from different regions and the different numbers and sizes of food business operators.

( *1 )   Other farmed terrestrial animals as defined in entry 1017000 of Annex I, part A, to Regulation (EC) No 396/2005.

( *2 )   Fishery products as defined in Regulation (EC) No 853/2004.

( *3 )   Processed products as defined in Regulation (EC) No 852/2004.

( 1 )   For the purpose of this Regulation, the criteria relevant for food of non-animal origin shall be applied for composite products.

ANNEX II Minimum control frequency per Member State in the control plan for food of animal origin entering the Union

ANNEX II

Minimum control frequency per Member State in the control plan for food of animal origin entering the Union

The Member States shall comply with the minimum control frequency as set out in the table below.

Controls carried out under Articles 47(1)(d) (reinforced checks) and 47(1)(e) (safeguard measures) of Regulation (EU) 2017/625, shall not be counted towards achieving the minimum control frequencies of this Annex.

Controls carried out under the established emergency measures and the intensified official controls, on the basis of Article 53 of Regulation (EC) No 178/2002 and of Article 65(4) of Regulation (EU) 2017/625, shall not be counted towards achieving the minimum control frequencies of this Annex.

Controls of food products from certain third countries listed in Annex II to Regulation (EU) 2019/2129, with which the Union has concluded agreements of equivalence for physical checks, shall not be counted towards achieving the minimum control frequencies of this Annex.

For the controls of fishery products carried out in accordance with Article 68 of Regulation (EU) 2019/627, the Member States shall take into account the geographical aspects, landing/production volumes and specific contamination patterns in the areas from which they are harvested.

Control frequency

Bovine (includes meat, minced meat, mechanically separated meat, edible offal, meat preparations and meat products)

Minimum 1 % of the imported consignments

Ovine/caprine (includes meat, minced meat, mechanically separated meat, edible offal, meat preparations and meat products)

Minimum 1 % of the imported consignments

Porcine (includes meat, minced meat, mechanically separated meat, edible offal, meat preparations and meat products)

Minimum 1 % of the imported consignments

Equine (includes meat, minced meat, mechanically separated meat, edible offal, meat preparations and meat products)

Minimum 1 % of the imported consignments

Poultry (includes meat, minced meat, edible offal, meat preparations and meat products)

Minimum 1 % of the imported consignments

Meat from other farmed terrestrial animals  ( *1 ) (includes meat, minced meat, edible offal, meat preparations and meat products)

Minimum 1 % of the imported consignments

Milk (includes raw milk, dairy products, colostrum and colostrum-based products of all species)

Minimum 1 % of the imported consignments

Eggs (includes eggs and egg products from all bird species)

Minimum 1 % of the imported consignments

Honey (includes honey and other apiculture products)

Minimum 1 % of the imported consignments

Unprocessed fishery products  ( *2 ) excluding crustaceans

Minimum 1 % of the imported consignments

Crustaceans and bivalve molluscs (includes muscle meat and muscle meat products)

Minimum 1 % of the imported consignments

Unprocessed animal and marine fats and oils  ( *3 )

Minimum 1 % of the imported consignments

Additional provisions:

1.

The control frequency for other processed products of food of animal origin, such as gelatine and collagen, shall be determined by each Member State taking into account the number of imported consignments and the problems identified.

2.

For the calculation of the minimum control frequencies listed in this Annex, Member States shall use the most recent data of the number of consignments entering the Union through their border control posts, at least from previous or at maximum from penultimate year.

3.

In case the number of consignments of food entering the Union and intended for placing on the Union market is lower than the number of consignments corresponding to one sample, Member States may perform the sampling once per two or three years. In case the number of consignments imported over a three years period is lower than the number of consignments corresponding to one sample, Member States shall take at least one sample once per three years.

4.

Samples taken for the purposes of other control plans relevant for analysis on contaminants (e.g. on pharmacologically active substances and residues thereof, on pesticide residues, etc.) may also be used for controls on contaminants provided that the requirements concerning the controls on contaminants are complied with.

( *1 )   Other farmed terrestrial animals as defined in entry 1017000 of Annex I, part A, to Regulation (EC) No 396/2005.

( *2 )   Fishery products as defined in Regulation (EC) No 853/2004.

( *3 )   Processed products as defined in Regulation (EC) No 852/2004.