8 Facts About the New Controls on Tahini and Halva from Syria
What the Tightening of Control Rates Means for Importers into the EU

The changes introduced by the European Commission under Implementing Regulation (EU) 2019/1793 directly affect operators importing tahini and halva from Syria into the EU market. Increased control rates are not a mere formality — they represent a genuine trade barrier with specific financial and logistical consequences.

1. Legal Basis: Regulation 2019/1793 and Its Periodic Updates

Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 establishes a temporary increase in official controls and special measures governing the entry into the Union of certain goods from certain third countries. It is a legal instrument that the Commission updates on a regular basis — typically every 6 to 12 months — based on data from the RASFF (Rapid Alert System for Food and Feed) and the results of border controls. Entries in Annexes I and II of this Regulation are binding on all Member States, with no possibility of applying more lenient rules at national level. What does this mean for an importer? There is no scope for negotiating control conditions with the national border authority — the percentage rate set out in the Annex is a hard requirement, not a range.

• Annex I to Regulation 2019/1793: products subject to increased identity checks and physical checks (including laboratory testing)
• Annex II: products requiring a health certificate and laboratory test results prior to dispatch from the country of origin
• Updates to the Regulation take the form of successive Commission implementing regulations — each with its own number and date of entry into force
• Border controls are carried out at designated border control posts (formerly BIPs, now BCPs under Regulation 2017/625)

2. Salmonella in Tahini — This Is Not a New Problem, but the Scale of RASFF Alerts Justifies Tighter Controls

The RASFF has been recording notifications relating to Salmonella in tahini and sesame products for over a decade; however, the number of notifications concerning Syria has increased markedly in recent years. These notifications relate both to the finished product (tahini, halva) and to the raw material — sesame seeds. For the Commission's services, RASFF data constitute one of the primary indicators on the basis of which decisions are made to raise or lower control rates. Enforcement practice shows that producers are often unaware that even a single RASFF notification concerning a specific production establishment can result in an entire product category from a given country being subjected to increased controls. The mechanism is straightforward: one serious incident with a traceable source results in a notification targeting a specific operator; a series of incidents with no single identifiable source results in an amendment to Regulation 2019/1793.

EFSA has published scientific opinions on the microbiological risks associated with sesame and sesame products, highlighting specific technological challenges: the low water activity of tahini should theoretically limit pathogen growth; however, Salmonella spp. has demonstrated the ability to survive in low-aw environments for extended periods, and contamination may occur as early as the cultivation and primary processing stages of the seed [SOURCE TO BE ADDED: EFSA scientific opinion on Salmonella in low water activity products].

3. The Control Rate — What the Percentage Figure Against a Commodity Code Actually Means

The control rate expressed as a percentage in Annex I to Regulation 2019/1793 denotes the minimum proportion of consignments of a given commodity that must be subjected to identity checks and physical checks (including sampling and laboratory testing) at the border control post. If the rate is, for example, 50%, then at least half of all consignments of tahini from Syria presented for customs clearance must undergo a full physical check — including sampling and a waiting period for test results. Those results may be available after 3 to 5 working days, or, where confirmation is required, after as many as 10 days. During this time, the goods remain held in storage at the border control post — at the importer's expense.

• Storage costs in the BCP controlled zone: typically EUR 20–60 per tonne per day, depending on location
• Cost of sampling and laboratory testing for Salmonella spp.: approximately EUR 150–400 per sample; the number of samples depends on the size of the consignment
• Waiting time for results: a minimum of 3 working days using standard culture-based methods
• In the event of a positive result: an administrative decision by the border authority ordering rejection or destruction of the consignment — with no right to re-present the same goods for clearance

4. The CN Codes Covered by the Syria Entry — the Devil Is in the Tariff Classification

Regulation 2019/1793 uses Combined Nomenclature (CN) codes to define precisely which products are subject to enhanced controls. Tahini (sesame paste) is most commonly classified under CN code 2008 19 19 or 2008 19 99 (depending on sugar content and packaging format), while halva — as a confectionery product containing sesame — may fall under codes from Chapter 17 or 19. An incorrect tariff classification by the importer may result in a situation where the goods are formally not subject to border controls, but a subsequent market control reveals that the correct CN code would have brought them within scope — with consequences for the entire supply chain. Customs authorities have the power to issue binding tariff information and may challenge an importer's declaration.

In practice, some importers attempt to avoid enhanced controls by declaring the product under the CN code applicable to the raw material (sesame seeds) rather than to the processed product. This is a high-risk strategy: customs and veterinary authorities have the tools to verify the true nature of the goods, and an incorrect classification may result in the initiation of proceedings for a breach of customs rules, independently of any food safety considerations.

graph TD
    A[Consignment arrives at BCP] --> B[Document checks]
    B --> C{Random selection
per control rate}
    C -->|Consignment selected
for control| D[Identity check
and physical check]
    C -->|Consignment released
without physical check| G[Released for free circulation]
    D --> E[Sampling
and laboratory testing]
    E --> F{Test result}
    F -->|Negative
no pathogen detected| G
    F -->|Positive
Salmonella spp.| H[Administrative decision
by border authority]
    H --> I[Consignment rejected
or destroyed]
    G --> J[Importer places
goods on the market]
    J --> K[Traceability obligation
Art. 18 Reg. 178/2002]

5. Border Control Posts (BCPs) — Not Every Border Crossing Handles Food from Syria

Under Regulation (EU) 2017/625, official controls on food imported from outside the EU must be carried out at designated border control posts holding the appropriate categories of approval. Not every border crossing point in the EU is authorised to handle food of non-animal origin (NaoA). An importer bringing tahini from Syria must therefore plan the delivery route so that the goods arrive at a BCP holding the relevant approval category for this product group. Rerouting after dispatch is possible but generates additional logistical costs and may cause delays in clearance.

In Poland, designated BCPs for plant-based food include certain airports and eastern road border crossings — the current list is maintained by the Polish Chief Sanitary Inspectorate (GIS). Changes to a BCP's status or the suspension of its operations may occur at short notice, which in practice means that the current list must be monitored before each shipment.

6. Health Certificate Prior to Dispatch — Is Syria Listed in Annex II?

Regulation 2019/1793 divides products subject to enhanced controls into two categories: those listed in Annex I (physical checks at the EU border) and those listed in Annex II (requirement to attach a health certificate and laboratory test results to the accompanying documentation before the consignment leaves the third country). Inclusion in Annex II represents a more significant burden for both the exporter and the importer — it means that testing must be carried out in the country of origin by an accredited laboratory, and the results must be available before loading. If the update to Regulation 2019/1793 includes tahini and halva from Syria in Annex II, the importer must ensure that the Syrian exporter has access to a laboratory meeting EU requirements — which, given conditions in Syria, may represent a significant operational barrier [SOURCE TO BE ADDED: current consolidated text of Regulation 2019/1793 with the latest update].

7. The Importer's Liability Does Not End at the Border — Market Controls and Consignment Traceability

The release of goods for free circulation following a successful border control does not relieve the importer of responsibility for the safety of the product on the market. Under Regulation (EC) No 178/2002 (the General Food Law), a food business operator is responsible for the safety of food at every stage of the supply chain that it controls. This means that the importer must maintain a traceability system enabling the immediate identification and withdrawal from the market of a specific consignment of tahini or halva in the event that contamination is detected after border clearance.

• Traceability obligation: one step back (supplier) and one step forward (direct customer) — Article 18 of Regulation 178/2002
• Withdrawal timeframe: legislation does not set a fixed deadline, but enforcement practice indicates an expectation of action within 24–48 hours of identifying a hazard
• Recall costs: borne by the operator responsible for placing the product on the market — no statutory upper limit
• Notification to GIS and RASFF: obligation to notify the competent authority immediately upon establishing that a product may be unsafe

8. How Tightened Controls Affect the Price and Availability of Syrian Tahini on the EU Market

Increased border control rates translate directly into the economic calculation of importing. With a control rate of 50% or higher, the importer must factor into the delivery budget: BCP storage costs, laboratory testing costs, the risk of delay (and the associated cost of financing goods in transit), and the risk of consignment rejection. In practice, this means an increase in the purchase price of several to more than ten percent of the value of the goods — depending on consignment size and BCP location. Smaller importers, operating on tight margins, frequently abandon direct imports from Syria in favour of purchasing tahini from intermediaries in third countries where control rates are lower or do not apply. This in turn complicates product traceability and may lead to a situation where Syrian tahini enters the EU market under the label of another country of origin — which constitutes a breach of labelling rules and may result in the initiation of proceedings by consumer protection authorities.

For distributors and retailers in the EU, the tightening of controls means that supplier documentation must be verified: border inspection certificates, health certificates, and laboratory test results should form part of the standard goods receipt documentation. The absence of such documents during a market control by sanitary inspection authorities may result in the initiation of administrative proceedings and the issuance of an administrative decision ordering the suspension of trade in the product.