Regulation (EU) 2023/915 is amended as follows:
(1)
in Article 8, the following paragraph 5 is added:
‘5. Member States and interested parties shall communicate by 1 January 2028 to the Commission the results of investigations undertaken and progress made with regard to the application of prevention measures to reduce contamination by T-2 and HT-2 toxins in oats and oat products.
Member States and interested parties shall report on a regular basis to the Authority the occurrence data on T-2 and HT-2 toxins in oats and oat products.’
;
(2)
Annex I is amended in accordance with the Annex to this Regulation.
Food listed in the Annex, lawfully placed on the market before 1 July 2024, may remain on the market until their date of minimum durability or use-by date.
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 July 2024.
ANNEXSupplementary provisions
ANNEX
In Section 1 ( Mycotoxins ) of Annex I to Regulation (EU) 2023/915, the following entry 1.9 (T-2 and HT-2 toxins) is added:
‘1.9
T-2 and HT-2 toxins
Maximum level (μg/kg)
Remarks
Sum of T-2 and HT-2 toxins
For the sum of T-2 and HT-2 toxins, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
1.9.1
Unprocessed cereal grains except products listed in 1.9.1.1, 1.9.1.2, 1.9.1.3 and 1.9.1.4
50
Except unprocessed maize grains intended to be processed by wet milling and except rice.
The maximum level applies to unprocessed cereal grains placed on the market for first-stage processing ( 6 ).
1.9.1.1
Unprocessed malting barley grains
200
The maximum level applies to unprocessed malting barley grains placed on the market for first-stage processing ( 6 ).
1.9.1.2
Unprocessed barley grains other than malting barley grains
150
The maximum level applies to unprocessed barley grains placed on the market for first-stage processing ( 6 ).
1.9.1.3
Unprocessed maize grains and unprocessed durum wheat grains
100
Except unprocessed maize grains for which it is evident, e.g. through labelling or destination, that they are intended for use in a wet milling process only (starch production).
The maximum level applies to unprocessed maize grains and unprocessed durum wheat grains placed on the market for first-stage processing ( 6 ).
1.9.1.4
Unprocessed oat grains with inedible husk
1 250
The maximum level applies to unprocessed oat grains with husk placed on the market for first-stage processing ( 6 ).
The maximum level applies to the oat grains with the inedible husk included.
1.9.2
Cereals placed on the market for the final consumer except products listed in 1.9.2.1 and 1.9.2.2
20
Except rice.
1.9.2.1
Oats placed on the market for the final consumer
100
1.9.2.2
Barley, maize and durum wheat placed on the market for the final consumer
50
1.9.3
Milling products of cereals except products listed in 1.9.3.1 and 1.9.3.2
20
Except milling products of rice.
1.9.3.1
Milling products of oats (including oat bran)
100
1.9.3.2
Bran from cereals other than oats and milling products of maize
50
1.9.4
Bakery wares except products listed in 1.9.5, pasta, cereal snacks and breakfast cereals except products listed in 1.9.6, 1.9.7 and 1.9.8
20
Except rice products.
Including small bakery wares.
Pasta means pasta (dry) with a water content of approximately 12 %.
1.9.5
Bakery wares containing at least 90 % milling products of oats
100
Except rice products.
Including small bakery wares.
1.9.6
Oat flakes
100
1.9.7
Breakfast cereals consisting of at least 50 % of cereal bran, milling products of oat grains, milling products of maize grains, whole oat grains, barley grains, maize grains or durum wheat grains, and consisting of less than 40 % of milling products of oat grains and whole oat grains
50
1.9.8
Breakfast cereals consisting of at least 50 % of cereal bran, milling products of oat grains, milling products of maize grains, whole oat grains, barley grains, maize grains or durum wheat grains, and of at least 40 % of milling products of oat grains and whole oat grains
75
1.9.9
Baby food and processed cereal-based food for infants and young children ( 3 )
10
Except rice products.
The maximum level applies to the dry matter ( 5 ) of the product as placed on the market.
1.9.10
Food for special medical purposes intended for infants and young children ( 3 )
10
Except rice products.
The maximum level applies to the dry matter ( 5 ) of the product as placed on the market.’
