L 90/14 Official Journal of the European Union 28.3.2012 COMMISSION IMPLEMENTING REGULATION (EU) No 274/2012 of 27 March 2012 amending Regulation (EC) No 1152/2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 ('), and in particular Article 53(1)(b)(ii) thereof, Whereas: (1)  Article 53 of Regulation (EC) No 178/2002 provides the Commission with the possibility to adopt emergency measures, where it is evident that food and feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member States individually. (2) By Commission Regulation (EC) No 1152/2009 (?) the Commission has imposed special conditions on the import from certain third countries of certain foodstuffs in which the maximum levels of aflatoxins set by Commission  Regulation (EC) No  1881/2006 (}) appeared to be frequently exceeded. (3)  Since the Combined Nomenclature (CN) code has changed for certain food categories covered by Regu- lation (EC) No 1152/2009, it is appropriate to change the CN codes in that Regulation accordingly. (4) It is appropriate to repeal the transitional provision for foodstuffs imported from the United States of America, which are not covered by the Voluntary Aflatoxin Sampling Plan, as sufficient time has been provided to operators in the United States of America to implement the Voluntary Aflatoxin Sampling Plan. (5)  In the light of the number and nature of notifications in the Rapid Alert System for Food and Feed, trade volumes, the outcome of inspections of the Food and Veterinary Office and the outcome of controls, the frequency of sampling for analysis should be reduced in some cases. For hazelnuts from Turkey and Brazil nuts from Brazil only a very low number of non-compliance has been observed at import. It is therefore appropriate to OJ L 31, 1.2.2002, p. 1. OJ L 313, 28.11.2009, p. 40. OJ L 364, 20.12.2006, p. 5. reduce the frequency of controls for these foodstuffs. For reasons of clarity and to ensure consistency with other EU legislation, it is appropriate to explicitly mention that the identity checks are to be performed at the same frequency as the physical control (sampling and analysis). (6)  Therefore, Regulation (EC) No 1152/2009 should be amended accordingly. (7)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS REGULATION: Article 1 Amending provisions Regulation (EC) No 1152/2009 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Scope 1. This Regulation shall apply to the import of the following foodstuffs and of the foodstuffs processed and compound thereof: (a) the following foodstuffs originating in or consigned from Brazil: (i) Brazil nuts in shell falling within category CN code 0801 21 00; (i) mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell; (b) the following foodstuffs originating in or consigned from China: (i) groundnuts falling within CN code 1202 41 00 or 1202 42 00; (i) groundnuts falling within CN code 2008 11 91 (in immediate packings of a net content exceeding 1kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg); (i) roasted groundnuts falling within CN code 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);