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)

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.

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

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.

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.

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.

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.

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.

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.

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.