BAKGRUNN (fra kommisjonsforordningen)

(1) Commission Regulation (EU) 2023/915 sets maximum levels for certain contaminants in food. The experience gained since the entry into force of that Regulation has revealed a lack of clarity of some points in the table of Annex I to that Regulation. It has thus become necessary to clarify those points. 

(2) In the absence of specific rules on sampling and analysis for the control of maximum levels for ergot sclerotia in unprocessed cereal grains except unprocessed rye grains, point 1.8.1 of the table of Annex I to Regulation (EU) 2023/915 provides that such sampling and analysis are to be performed in accordance with part B of Annex I to Commission Regulation (EC) No 401/2006. Since in the meantime specific rules on sampling and analysis for the control of maximum levels for ergot sclerotia have been laid down by Commission Implementing Regulation (EU) 2023/2782 , the reference to Regulation (EC) No 401/2006 in point 1.8.1 of the table of Annex I to Regulation (EU) 2023/915 should be deleted. 

(3) Point 1.9.5 of the table of Annex I to Regulation (EU) 2023/915 sets out a maximum level for T-2 and HT-2 toxins in bakery wares containing at least 90 % milling products of oats. This maximum level is intended to apply to bakery wares with a high content of oats. However, based on experience with the composition of food available on the market, in many cases bakery products with a high content of oats, such as oat cakes, contain less than 90 % milling products of oats, normally between 75 % and 85 %. Therefore, point 1.9.5 of the table of Annex I to Regulation (EU) 2023/915 should be amended accordingly. 

(4) In the absence of specific rules on sampling and analysis for the control of maximum levels for tropane alkaloids in baby food and processed cereal-based food for infants and young children, point 2.2.1 of the table of Annex I to Regulation (EU) 2023/915 provides that such sampling and analysis are to be performed in accordance with part J of Annex I to Regulation (EC) No 401/2006. Since in the meantime specific rules on sampling and analysis for the control of maximum levels for tropane alkaloids have been laid down by Implementing Regulation (EU) 2023/2783, the reference to Regulation (EC) No 401/2006 in point 2.2.1 of the table of Annex I to Regulation (EU) 2023/915 should be deleted. 

(5) To ensure consumer safety, the maximum level for hydrocyanic acid in linseed placed on the market for the final consumer laid down in point 2.3.2 of the table of Annex I to Regulation (EU) 2023/915 should be applicable independently of the processing stage of the linseed. That point should therefore be amended accordingly. 

(6) As unprocessed oats before milling are placed on the market with the husk, the maximum level for contaminants in unprocessed oats set out in points 1.2.9 and 1.5.1 of the table of Annex I to Regulation (EU) 2023/915 should apply to unprocessed oats with the husk included, even if the husk is inedible. 

(7) Regulation (EU) 2023/915 aims to lay down maximum contaminant levels for unprocessed cereals placed on the market at the stage just before first-stage processing. As the current wording is not precise enough, that wording should therefore be corrected in the relevant entries in the table of Annex I to Regulation (EU) 2023/915. 

(8) For ochratoxin A, a maximum level is established in point 1.2.10 of the table of Annex I to Regulation (EU) 2023/915 for products derived from unprocessed cereal grains except products listed in other entries and for cereals placed on the market for the final consumer. The relevant point lacks clarity. To avoid any misunderstanding, the relevant point should be corrected to clarify that the wording ‘placed on the market for the final consumer’ refers only to ‘cereals’ and not to ‘products derived from unprocessed cereal grains’. 

(9) Rice products are excluded from certain food listed in Annex I to Regulation (EU) 2023/915. In order to clarify the scope of this exclusion, the content of the rice products should be defined in the relevant points in the table of Annex I to Regulation (EU) 2023/915. 

(10) For zearalenone, a maximum level is established in point 1.5.3 of the table of Annex I to Regulation (EU) 2023/915 for cereals placed on the market for the final consumer, cereal flour, semolina, bran and germ as final product placed on the market for the final consumer except products listed in other entries. The relevant point lacks clarity. To avoid any misunderstanding, the relevant point should be corrected to clarify that the wording ‘placed on the market for the final consumer’ refers only to ‘cereals, bran and germ’ and not to ‘cereal flour and semolina’. 

(11) The wording of the exception in point 2.3.1 of the table of Annex I to Regulation (EU) 2023/915 to the maximum levels for hydrocyanic acid in oilseeds for crushing and oil refining should be aligned with the wording of the exception to the maximum levels for aflatoxins in groundnuts (peanuts) and other oilseeds for crushing for refined vegetable oil production set out in point 1.1.4 of that table. Point 2.3.1 of the table in Annex I to Regulation (EU) 2023/915 should therefore be corrected accordingly. 

(12) To resolve possible ambiguity and improve the enforcement of maximum levels for dioxins and polychlorinated biphenyls (PCBs) in certain products of animal origin, the wording of the remarks concerning these products in section 4 of the table of Annex I to Regulation (EU) 2023/915 should be corrected. 

(13) In order to ensure the consistent enforcement of maximum levels for dioxins and PCBs in venison, a clarification of the animal species from which the meat originates should be added in point 4.1.1.8 of the table of Annex I to Regulation (EU) 2023/915. 

(14) There have been inconsistencies in the enforcement of the maximum levels for polycyclic aromatic hydrocarbons in certain products for infants and young children established by Regulation (EU) 2023/915. To avoid such inconsistencies, a distinction should be drawn between products placed on the market as powder and products placed on the market as liquid. 

(15) Dehulling is the process of removing the hull of a seed and it is considered to be part of the cleaning process. To avoid that dehulling may be considered to be part of firststage processing, note 6 to the table of Annex I to Regulation (EU) 2023/915 should be corrected accordingly. 

(16) Regulation (EU) 2023/915 should therefore be amended and corrected accordingly. 

(17) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,