SPS Notification: Commission Implementing Regulation (EU) 2026/459 of 24 February 2026 G/SPS/N/EU/922

1.

Notifying Member:EUROPEAN UNION

If applicable, name of local government involved:

2.

Agency responsible: European Commission, Health and Food Safety Directorate-General

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Products covered (provide tariff item number(s) as specified in national schedules deposited with the WTO; ICS numbers should be provided in addition, where applicable): Arachidonic acid oil originating from China

4.

Regions or countries likely to be affected, to the extent relevant or practicable:

[X]    All trading partners

[ ]      Specific regions or countries:

5.

Title of the notified document: Commission Implementing Regulation (EU) 2026/459 of 24 February 2026 amending Implementing Regulation (EU) 2019/1793 as regards the temporary increase of official controls and emergency measures governing the entry into the Union of arachidonic acid oil originating in China (Text with EEA relevance).Language(s): English, French and Spanish.Number of pages: 4

https://members.wto.org/crnattachments/2026/SPS/EEC/26_01151_00_e.pdf

https://members.wto.org/crnattachments/2026/SPS/EEC/26_01151_00_f.pdfhttps://members.wto.org/crnattachments/2026/SPS/EEC/26_01151_00_s.pdf

6.

Description of content: Regulation (EU) 2019/1793 lays down rules concerning the temporary increase of official controls upon entry into the Union on certain food and feed of non-animal origin from certain third countries (in Annex I); special import conditions for certain food and feed from certain third countries due to the contamination risk by mycotoxins, including aflatoxins, pesticide residues, and microbiological contamination (in Annex II - increased official border controls and official certificate accompanied by the results of sampling and analysis in the third country).

This Implementing Regulation amends Annex II to Implementing Regulation (EU) 2019/1793 by including arachidonic acid oil from China due to possible contamination by cereulide toxin (frequency set at 50%).

7.

Objective and rationale: [X] food safety, [ ] animal health, [ ] plant protection, [ ] protect humans from animal/plant pest or disease, [ ] protect territory from other damage from pests.

8.

Nature of the urgent problem(s) and reason for urgent action:

Cereulide toxin was detected in batches of infant formula containing arachidonic acid (ARA) oil supplied by a producer in China which leads to multi-country recalls of several infant formula products after the detection of cereulide toxin. The food contaminated by cereulide toxin is unsafe for human consumption and potentially leads to severe illness or even infant fatality. Therefore, it is necessary to take urgent action and to establish for increased level of official controls and special conditions governing the entry into the Union of arachidonic acid oil originating from China.

9.

Is there a relevant international standard? If so, identify the standard:

[ ]        Codex Alimentarius Commission (e.g. title or serial number of Codex standard or related text):

[ ]        World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic Animal Health Code, chapter number):

[ ]        International Plant Protection Convention (e.g. ISPM number):

[X]      None

Does this proposed regulation conform to the relevant international standard?

[ ] Yes   [ ] No

If no, describe, whenever possible, how and why it deviates from the international standard:

10.

Other relevant documents and language(s) in which these are available:

Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 (Text with EEA relevance.) (OJ L 277, 29.10.2019, p. 89; ELI: 

11.

Date of entry into force (dd/mm/yy)/period of application (as applicable): 26 February 2026

[ ]      Trade facilitating measure

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Agency or authority designated to handle comments: [X] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

European Commission

DG Health and Food Safety, Unit A4-Multilateral International Relations

Rue Froissart 101

B-1049 Brussels

Tel: +(32 2) 295 4263

E-mail: sps@ec.europa.eu

13.

Text(s) available from: [X] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

European Commission

DG Health and Food Safety, Unit A4-Multilateral International Relations

Rue Froissart 101

B-1049 Brussels

Tel: +(32 2) 295 4263

E-mail: sps@ec.europa.eu