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 (r) may remain on the market until their date of minimum durability or use-by date:’;
(b)
the following point (r) is added:
‘(r)
1 January 2027 as regards the maximum levels for sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, expressed as 3-MCPD set out in points 5.3.2 and 5.3.4 of Annex I and the maximum levels for glycidyl fatty acid esters set out in points 5.4.2 and 5.4.4. 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 .
ANNEXSupplementary provisions
ANNEX
In Annex I to Regulation (EU) 2023/915, Section 5, subsections 5.3 ‘Sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, expressed as 3-MCPD’ and 5.4 ‘Glycidyl fatty acid esters, expressed as glycidol’, are replaced by the following:
‘ 5.3
Sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, expressed as 3-MCPD
Maximum level (μg/kg)
Remarks
For the sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
5.3.1
Vegetable oils and fats, fish oils and oils from other marine organisms except products listed in 5.3.2 placed on the market for the final consumer or for use as an ingredient in food falling within the following categories:
Except virgin olive oils ( 7 ).
5.3.1.1
oils and fats from coconut, maize, rapeseed, sunflower, soybean, palm kernel and olive oils (composed of refined olive oil and virgin olive oil) ( 7 ). and mixtures of oils and fats with oils and fats only from this category
1 250
Except virgin olive oils ( 7 ).
5.3.1.2
other vegetable oils and fats, fish oils and oils from other marine organisms and mixtures of oils and fats with oils and fats only from this category
2 500
Including refined olive oil ( 7 ) and pomace olive oils ( 7 ).
5.3.1.3
mixtures of oils and fats from products listed in 5.3.1.1 and 5.3.1.2
-
The oils and fats used as ingredients for the mixture shall comply with the maximum level established for the oil and fat. Therefore, the level of the sum of 3-MCPD and 3-MCPD fatty acid esters, expressed as 3-MCPD in the mixture, shall not exceed the level calculated in accordance with Article 3(1), point (c).
In case the quantitative composition is not known by the competent authority and the food business operator, not producing the mixture, the level of the sum of 3-MCPD and 3-MCPD fatty acid esters, expressed as 3-MCPD in the mixture shall in any case not exceed 2 500 μg/kg.
5.3.2
Vegetable oils and fats, fish oils and oils from other marine organisms destined for the production of baby food and processed cereal-based food for infants and young children ( 3 )
750
500 as from 1 January 2027
When the product is a mixture of different oils or fats of the same or of different botanical origins, the maximum level applies for the mixture. The oils and fats used as ingredients for the mixture shall comply with the maximum level established for the oils and fats in point 5.3.1.
5.3.3
Infant formulae, follow-on formulae and 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.
5.3.3.1
placed on the market as powder
80
5.3.3.2
placed on the market as liquid
12
5.3.4.
Baby food ( 3 )
Processed cereal based food for infants and young children ( 3 )
50
as from 1 January 2027
The maximum level applies to the product as placed on the market.
5.3.5
Compound food containing more than 5 % fat and containing added vegetable oils and fats and/or fish oils and/or oils from other marine organisms except
—
products listed in 5.3.3 and 5.3.4
—
pre-fried and fried coated meat and fish
The maximum levels refer to the fat content.
The fat content is as declared on the label or in case the labelled fat content is not available, as extracted for analysis.
5.3.5.1.
Containing only oils and fats listed in 5.3.1.1.
1 250 μg/kg fat
5.3.5.2.
Containing only oils and fats listed in 5.3.1.2.
2 500 μg/kg fat
5.3.5.3.
Containing mixtures of oils and fats referred to in 5.3.1.3.
The oils and fats used as ingredients for the mixture shall comply with the maximum level established for the oils and fats. Therefore, the level of the sum of 3-MCPD and 3-MCPD fatty acid esters, expressed as 3-MCPD in the mixture, shall not exceed the level calculated in accordance with Article 3(1), point (c).
In case the quantitative composition is not known by the competent authority and the food business operator, not producing the mixture, the level of the sum of 3-MCPD and 3-MCPD fatty acid esters, expressed as 3-MCPD in the mixture shall in any case not exceed 2 500 μg/kg.
5.4
Glycidyl fatty acid esters, expressed as glycidol
Maximum level (μg/kg)
Remarks
The maximum level refers to the sum of glycidyl esters, 3-MBPD fatty acid esters and 3-MIPD fatty acid esters.
In case of use of a direct method to determine glycidyl esters, for the sum of glycidyl esters, 3-MBPD fatty acid esters and 3-MIPD fatty acid esters, maximum levels refer to lower bound concentrations, which are calculated on the assumption that all the values below the limit of quantification are zero.
5.4.1
Vegetable oils and fats, fish oils and oils from other marine organisms placed on the market for the final consumer or for use as an ingredient in food except products listed in 5.4.2
1 000
Except virgin olive oils ( 7 ).
5.4.2
Vegetable oils and fats, fish oils and oils from other marine organisms destined for the production of baby food and processed cereal-based food for infants and young children ( 3 )
500
250 as from 1 January 2027
When the product is a mixture of different oils or fats of the same or of different botanical origins, the maximum level applies for the mixture.
The oils and fats used as ingredient for the mixture shall comply with the maximum level established for the oils and fats in point 5.4.1.
5.4.3
Infant formulae, follow-on formulae and 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.
5.4.3.1
placed on the market as powder
50
5.4.3.2
placed on the market as liquid
6,0
5.4.4
Baby food ( 3 )
Processed cereal based food for infants and young children ( 3 )
25
As from 1 January 2027
The maximum level applies to the product as placed on the market.
5.4.5
Compound food containing more than 5 % fat and containing added vegetable oils and fats and/or fish oils and/or oils from other marine organisms except products listed in 5.4.3. and 5.4.4.
1 000 μg/kg fat
The maximum level refers to the fat content.
The fat content is as declared on the label or in case the labelled fat content is not available, as extracted for analysis.’
