Regulation (EU) 2023/915 is amended as follows:
(1)
Article 10(1) is amended as follows:
(a)
the introductory phrase is replaced by the following:
‘Food lawfully placed on the market prior to the dates referred to in points (a) to (p) may remain on the market until their date of minimum durability or use-by date:’;
(b)
the following points are added:
‘(o)
1 July 2025 as regards the maximum levels for nickel set out in the entry 3.6 of Annex I, with the exception of the maximum levels for nickel set out in points 3.6.11.1 to 3.6.11.5 of Annex I;
(p)
1 July 2026 as regards the maximum levels for nickel set out in points 3.6.11.1 to 3.6.11.5 of Annex I.’;
(2)
Annex I is amended in accordance with the Annex to this Regulation.
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 2025.
ANNEXSupplementary provisions
ANNEX
In Section 3: ‘Metals and other elements’ of Annex I to Regulation (EU) 2023/915, the following entry is added:
‘3.6
Nickel
Maximum level (mg/kg)
Remarks
3.6.1
Tree nuts
The maximum level applies to the edible part. The maximum level does not apply to tree nuts for crushing and oil refining, provided that the remaining pressed tree nuts are not placed on the market as food. In case the remaining pressed tree nuts are placed on the market as food, the maximum level applies, taking into account Article 3(1) and (2).
3.6.1.1
Tree nuts except products listed in 3.6.1.2
3,5
3.6.1.2
Chestnuts, pine nuts, walnuts, Brazil nuts, and cashew nuts
10
3.6.2
Root and tuber vegetables and bulb vegetables
0,90
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
For potatoes, the maximum level applies to peeled potatoes.
3.6.3
Fruiting vegetables
0,40
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.6.4
Brassica vegetables
0,50
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.6.5
Leafy vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.6.5.1
Leafy vegetables except products listed in 3.6.5.2
0,50
3.6.5.2
Fresh herbs
1,2
3.6.6
Legume vegetables
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.6.6.1
Legume vegetables except products listed in 3.6.6.2
1,0
3.6.6.2
Soy beans / edamame ( Glycine max )
6,0
3.6.7
Stem vegetables
0,40
The maximum level applies to the wet weight.
The maximum level applies after washing and separating the edible part.
3.6.8
Seaweed
For dry seaweed the maximum level applies to the product as placed on the market.
For fresh seaweed the maximum level applies after washing and separating the edible part. For fresh seaweed the maximum level applies on a dry matter basis ( *1 ) .
3.6.8.1
Seaweed except products listed in 3.6.8.2
30
3.6.8.2
Wakame
40
3.6.9
Pulses
3.6.9.1
Pulses except products listed in 3.6.9.2
4,0
3.6.9.2
Dry beans and dry lupins / lupini beans
12
3.6.10
Oilseeds
The maximum level does not apply to oilseeds for crushing and oil refining, provided that the remaining pressed oilseeds are not placed on the market as food. In case the remaining pressed oilseeds are placed on the market as food, the maximum level applies, taking into account Article 3(1) and (2).
3.6.10.1
Sunflower seed
8,0
3.6.10.2
Peanuts
12
3.6.10.3
Soy beans
15
3.6.11
Cereals
The maximum level does not apply to cereals used for the production of beer or distillates, provided that the remaining cereal residue is not placed on the market for the final consumer as food. In case the remaining cereal residue is placed on the market for the final consumer as food, the maximum level applies, taking into account Article 3(1) and (2).
3.6.11.1
Cereals except products listed in 3.6.11.2, 3.6.11.3, 3.6.11.4 and 3.6.11.5
0,80
As from 1 July 2026
3.6.11.2
Durum wheat ( Triticum durum ) and rice except products listed in 3.6.11.3
1,5
As from 1 July 2026
3.6.11.3
Husked rice
2,0
As from 1 July 2026
3.6.11.4
Pseudo cereals and millet
3,0
As from 1 July 2026
3.6.11.5
Oats
5,0
As from 1 July 2026
The maximum level applies to oats grains without the inedible husk. To calculate the maximum level for oats grains with the inedible husk a processing factor of 1,5 needs to be applied, resulting in an maximum level of 7,5 mg/kg for oats with the inedible husk.
3.6.12
Cocoa and chocolate products ( 14 )
3.6.12.1
Milk chocolate with < 30 % total dry cocoa solids
2,5
3.6.12.2
Milk chocolate with ≥ 30 % total dry cocoa solids and chocolate
7,0
3.6.12.3
Cocoa powder and fat reduced cocoa powder placed on the market for the final consumer or as an ingredient in sweetened cocoa powder or powdered chocolate placed on the market for the final consumer (drinking chocolate)
15
3.6.13
Infant formulae, follow-on formulae, food for special medical purposes intended for infants and young children ( 3 ) and young-child formulae ( 4 )
The maximum level applies to the product as placed on the market.
3.6.13.1
placed on the market as powder except products listed in 3.6.13.2
0,25
3.6.13.2
placed on the market as powder and manufactured from soy protein isolates, alone or in a mixture with cow’s milk proteins
0,40
3.6.13.3
placed on the market as liquid
0,10
3.6.14
Processed cereal-based food for infants and young children ( 3 )
3,0
The maximum level applies to the product as placed on the market.
3.6.15
Baby food ( 3 ) except products listed in 3.6.16.
0,50
The maximum level applies to the product as placed on the market.
3.6.16
Fruit juices ( 9 ), fruit nectars ( 9 ) and vegetable juices including fruit juices ( 9 ), fruit nectars ( 9 ) and vegetable juices intended as babyfood ( 3 ).
3.6.16.1
Fruit juices, fruit nectars and vegetable juices except products listed in 3.6.16.2
0,25
3.6.16.2
Fruit juices and fruit nectars containing juices and nectars from passion fruits, cocoa fruits, and from small fruits and berries and coconut water
1,0
( *1 ) Dry matter is determined in accordance with Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffs ( OJ L 88, 29.3.2007, p. 29 , ELI: http://data.europa.eu/eli/reg/2007/333/oj ).’.
