EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/11186/2018 
(POOL/E2/2018/11186/11186 -EN.docx)  
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
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)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) C(2022) 740  
of XXX  
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)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 
15 March 2017 on official controls and other official activities performed to ensure the 
application of food and feed law, rules on animal health and  welfare, plant health and plant 
protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 
1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and 
(EU) 2016/2031 of the European Parliament and of the  Council, Council Regulations (EC) No 
1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 
2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 
882/2004 of the European Parliament and of the C ouncil, Council Directives 89/608/EEC, 
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council 
Decision 92/438/EEC  (Official Controls Regulation)  (1), and in particular Article 19(3)(a)  and 
(b) thereof,  
Whereas:  
(1) Regulation (EU) 2017 /625 lays down rules for the performance of official controls and 
other official activities by the competent authorities of the Member States for verifying 
compliance with Union legislation in the area of food and food safety. Article 109 of 
that Regulatio n provides for an obligation for Member States to ensure that official 
controls are performed by the competent authorities on the basis of a multi -annual 
national control plan ( ‘MANCP ’). Regulation  (EU) 2017/625  furthermore  specifies the 
general content of  the MANCP , require s Member States  to provide in their MANCP  
official controls on contaminants in food and, in this regard,  empowers the 
Commission  to lay down specific additional content of the MANCP and specific 
additional arrangements  for its preparatio n, as well as a uniform minimum frequency 
of official controls , having regard to the hazards and risks related to substances 
referred to in Article 19(1) of that Regulation . 
(2) Regulation (EU) 2017/625 repeal ed Council Directive 96/23/EC  (2), which  provided  
measures to monitor certain substances , including contaminants , in live animals and 
products of animal origin and specifically set requirements for Member States’ 
monitoring plans for the detection of residues or substances within its scope.  However, 
                                                 
(1) OJ L 95, 7.4.2017, p. 1 . 
(2) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues 
thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and 
Decisions 89/187/EEC and 91/664/EEC  (OJ L 125, 23.5.1996, p. 10) . EN 2  EN Regula tion (EU) 2017/625 does not incorporate all the measures contained in that 
Directive or in the acts adopted by the Commission on its basis . Therefore, in order to 
ensure a smooth transition , Regulation (EU) 2017/625  provided that c ompetent 
authorities were to continue to perform the official  controls in accordance with the 
Annexes to Directive 96/23 /EC until 14 December 2022 or until the date of 
application of the corresponding rules to be adopted by the Commission . This 
Regulation , together with Commis sion Delegated Regulation  (EU) C(2022) 744  
[publications office please add here the number of this Regulation once it is 
associated, along the whole Regulation ] (3), aims therefore at ensur ing continuity  of 
the rules of Directive 96/23 /EC concerning the content of the MANCP  and its 
preparation,  as well as the minimum frequency of official controls , as regards 
contaminants in food,  within the framework of Regulation (EU) 2017/625 . 
(3) In light of the specific provisions for official controls of food of animal origin entering 
the Union from third countries  set out by Article 47 of Regulation (EU) 2017/625 , it is 
appropriate to require Member States to include in their MANCP s two different plans 
for the control of contaminants in food , one  for such food of animal  origin entering the 
Union  and another one for any other food placed on the Union market .  
(4) The plan for food of animal origin entering the Union should include the official 
controls on all such food intended to be placed on the Union market, but also official 
controls on fishery products  which are to be carried out on vessels when these call at a 
port in a Member State , in accordance with Article 68 of Commission Implementing 
Regulation (EU) 2019/627  (4), since those vessels are  to be considered as sim ilar to 
border control points , irrespective of flag .  
(5) The plan for food placed on the Union market should concern any other food, namely, 
each Member State ’s domestic food production, food introduced from other Member 
States , and food of non -animal origin enter ing the Union . It should also concern 
composite products  within the meaning of Regulation (EU) 201 7/625 (5), even  those 
entering the Union from third countries  since some of those products do not have to be 
controlled at border control points  in accor dance with Regulation (EU) 2017/625 .  
(6) In addition to the rules on the combinations of contaminants or contaminant groups 
and commodit y groups of the samples to be taken by Member States and the sampling 
strategy including criteria that they are to use for defining the content of their plans 
and the performance of the related official controls laid down in Delegated Regulation 
(EU) C(2022) 744 , minimum control frequencies should be laid down in this 
Regulation for each of the plans , in order to ensure that controls are carried out in all 
products at least to a certain extent throughout the Union . However , in order to ensure 
proportionally, those minimum annual control frequencies should be set , depending on 
the products,  by reference to Member States’ produc tion data  and to Member States’ 
                                                 
(3) Commission Delegated Regulation (EU) C(2022) 744  of XXX supplementing Regulation (EU) 
2017/625 of the European Parliament and of the Council by laying down rules for the performance of  
official controls as regar ds contaminants in food  (…,…, p….).  
(4) Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical 
arrangements for the performance of official controls on products of animal origin intended for human 
consumption in acc ordance with Regulation (EU) 2017/625 of the European Parliament and of the 
Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls  (OJ L 
131, 17.5.2019, p. 51 ). 
(5) Commission Delegated Regulation (EU) 2019/625 of 4 March  2019 supplementing Regulation (EU) 
2017/625 of the European Parliament and of the Council with regard to requirements for the entry into 
the Union of consignments of certain animals and goods intended for human consumption  (OJ L 131, 
17.5.2019, p. 18).  EN 3  EN population size, but with a reasonable minimum amount, and to number of imported 
consignments. For the same reason, and, in particular, in order to avoid excessive 
burden and costs, it is appropriate to allow Member States t o not perform official 
controls on certain contaminant/commodity combinations annually, provided that the 
MANCPs justifies this choice.  As regards, in particular, imported consignments , food 
products imported from third  countries listed in Annex II to Comm ission 
Implementing R egulation  (EU) 2019/2129  (6), with which the U nion has concluded 
agreements of equivalence for physical checks, should not be counted against  the 
number of imported consignments as Member States must carry out their controls at a 
frequ ency rate, as provided in those agreements.  
(7) In order to ensure a comprehensive content of the MANCP s on the presence of 
contaminants in food, the information that Member States are to include in their 
MANCPs regarding the choices they have made  in their plans  should be defined . 
(8) For ensur ing a uniform implementation of this Regulation, it is appropriate to require 
Member States to submit the ir control plans for evaluation to the Commission on 
annual basis  and to provide a procedure for that evaluation .  
(9) Data collected by the Member States through  official controls on the presence of 
contaminants in food mus t also  be transmitted to the European Food Safety Authority 
(‘EFSA’) in accordance with Article 33 of Regulation (EC) No 178/2002  of the 
European Parliam ent and of the Council  (7). In order to  allow for the monitoring of 
recent occurrence data , all Member States should submit data on a regular  basis  and by 
the same date .  
(10) Article 150(1 ) of the Regulation (EU) 2017/625 lays down  a transitional period 
oblig ing Member States to perform  official controls in accordance with Directive 
96/23/EC  until 14 December 2022.  Article 19(1) of Regulation (EU) 2017/625 
provides that official controls to verify compliance with the rules on food and food 
safety as well as fe ed and feed safety shall include official controls on relevant 
substances including substances to be used in food contact materials, contaminants, 
non-authorised, prohibited and undesirable substances whose use or presence on crops 
or animals or to produce  or process food or feed may result in residues of those 
substances in food or feed. However, since the last monitoring plans adopted by 
Member States under Directive 96/23/EC will apply to the year 2022, and thus beyond 
14 December 2022, it is appropriate  that this Regulation applies from 1 January 2023.   
(11) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing Committee on Plants, Animals, Food and Feed,  
                                                 
(6) Commission Implementing Regulation (EU) 2019/2129 of 25 November 2019 establishing rules for the 
uniform application of frequency rates for identity checks and physical checks on certain consignments 
of animals and goods entering the Union ( OJ L 321, 12. 12.2019, p. 122) . 
(7) 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 i n matters of food safety  (OJ L 31, 1.2.2002, p. 1 ). EN 4  EN HAS ADOPTED THIS REGULATION:  
CHAPTER I  
Subject matter, scope an d definitions  
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’ multi -annual 
national control plan s (MANCP s), 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 Regulation (EEC) No 315/93 , 
Regulation (EC) No 178/2002, Regulation (EC) No 852/2004 of the European Parliament and 
of the Council  (8), Regulation (EC) No 853/2004 of the European Parliament  and of the 
Council  (9), Regulation (EC) No 396/2005 , Commission Recommendation 2013/165/EU  (10), 
Commission Regulation (EU) 2017/644  (11) and Commission R egulation (EU) 2017/2158  (12) 
shall apply.  
CHAPTER II  
Content of the MANCP  
Article 3  
General provisions  
Member States shall ensure that the part of the multi -annual national control plan (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  
                                                 
(8) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the 
hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).  
(9) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying 
down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).  
(10) Commission Recommendation of 27 March 2013 on the presence of T -2 and HT -2 toxin in cereals and 
cereal products (2 013/165/EU) (OJ L 91, 3.4.2013, p. 12).  
(11) Commission Regulation (EU) 2017/644 of 5 April 2017 laying down methods of sampling and analysis 
for the control of levels of dioxins, dioxin -like PCBs and non -dioxin -like PCBs in certain foodstuffs and 
repealing  Regulation (EU) No 589/ 2014 (OJ L 92, 6.4.2017, p. 9) . 
(12) Commission Regulation (EU) 2017/2158 of 20 November 2017 establishing mitigation measures and 
benchmark levels for the reduction of the presence of acrylamide in food (OJ L 304, 21.11.2017, p. 24) . EN 5  EN (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 co ntaminant groups and commodit y 
groups  to be controlled as decided by the Member State in accordance with  Annex I  
to Delegated Regulation (EU) C(2022) 744 ; 
(b) the sampling strategy decided by the Member States  in accordance with Annex II  to 
Delegated Regulation (EU) C(2022) 744 ; and 
(c) the actual control frequencies 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 
group s for which national maximum levels or other regulatory levels are established 
by national legislation.  
Article 5  
Control plan for food of anim al origin entering the Union  
1.  Member States shall prepare a control plan concerning  the presence of the 
contaminants or contaminant group s 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 an imal origin entering the Union  shall set out:  
(a) the list of combinations of contaminants or contaminant groups and commodit y 
groups to be controlled as decided by the Member State  in accordance with Annex I  
to Delegated Regulation (EU) C(2022) 744 ;   
(b) the sampling strategy decided by the Member State in accordance with Annex II to 
Delegated Regulation (EU) C(2022) 744 ; and   
(c) the actual control frequencies 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.  EN 6  EN Article 6 
Common requirements for  the control plan s 
The control plans referred  to in Article 3 shall , in addition,  specify:  
(a) a justification for selected combinations of contaminant s or contaminant group s and 
commodity  groups , including a n explanation on how the criteria listed in Annex  I to 
Delegated Regulation (EU) C(2022) 744 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 contaminant s 
or contaminant group s and commodity  groups  are not performed annually but within 
a certain time period , a justification  of that decision ; and 
(c) information about the competent authorit ies responsible for the implement ation of  
the p lans. 
CHAPTER I II 
Submission and evaluation of the control plan s and submission of 
data by the Member States  
Article 7 
Submission and evaluation of the control plan s 
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) C(2022) 744  and shall  communicate its evaluation to each 
Member State , where needed .  
The Member States shall consider the  Commission’s comments when implementing the ir 
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 .  
 EN 7  EN CHAPTER IV 
General provisions  
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. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN  