EN   EN  
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
PLAN/367/2022 ANNEX  
(POOL/E2/2022/367/367 -EN 
ANNEX.docx) D094932/01  
[…](2024) XXX  draft  
ANNEX  
 
ANNEX  
to the  
COMMISSION REGULATION (EU) .../...  
amending Regulation (EU) 2023/915 as regards maximum levels of nickel in certain 
foodstuffs.  
  
EN 1  EN ANNEX  
In Section 3:  ‘Metals and other elements ’ of Annex I to Regulation (E U) 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 appl ies, 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, Bra zil 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.  
EN 2  EN 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.(*) 
3.6.8.1 Seaw eed except  products  listed in  3.6.8.2  30   
EN 3  EN 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/ l upini beans  12  
3.6.10 Oilseeds   The maximum level do es 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 appl ies, 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 lev el 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   
EN 4  EN 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   
EN 5  EN 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), fru it 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    
EN 6  EN  
(*) Dry matter is determined in accord ance 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/r eg/2007/333/oj ).’.