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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.