EN   EN  
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10242/2021 ANNEX 
(POOL/E2/2021/10242/10242 -EN 
ANNEX.docx)  D071863/02  
[…](2021) XXX  draft  
ANNEX  
 
ANNEX  
to the  
COMMISSION REGULATION (EU) .../...  
amending Regulation (EC) No 1881/2006 as regards maximum levels of ergot sclerotia 
and ergot alkaloids in certain foodstuffs.  
 EN 1  EN ANNEX  
The Annex to Regulation (EC) No 1881/2006 is amended as follows:  
(1) In section 2, the entries ‘2.9 Ergot sclerotia and ergot alkaloids ’ are replaced by the 
following:  
 
(*) The maximum level for ergot alkaloids refers to the lowerbound sum  of the 
following 12 ergot alkaloids: ergocornine/ergocorninine ; ergocristine/ergocristinine; 
ergocryptine/ergocryptinine (α - and β -form); ergometrine/ergometrinine; ergosine/ 
ergosinine ;  ergotamine/ergotaminine . In the lowerbound sum, the contribution of 
each non -quantified epimer  is set at zero.  
(2) Footnote 1 is replaced by the following:  
‘(1) As regards fruits, vegetables and cereals, reference is made to the foodstuffs 
listed in the relevant category as defined in Annex I to Regulation (EC) No 
396/2005 of the European Parliament and of the Council of 23 February 2005 
on maximum residue levels of pesticides in or on food and feed of plant and 
animal origin and amending Council Directive 91/414/EEC (OJ L 70, 
16.3.2005, p. 1). This means, inter alia , that buckwheat ( Fagopyrum sp) is ‘Foodstuffs (1) Maximum level  
2.9 Ergot sclerotia and ergot alkaloids    
2.9.1. Ergot sclerotia   
2.9.1.1. Unprocessed cereals (18) with the exception of  
- maize, rye  and rice  0.2 g/kg   
2.9.1.2. Unprocessed rye (18) 0.5 g/kg until 30.6.2024  
0.2 g/kg as from 1.7.202 4   
2.9.2. Ergot alkaloids  (*)   
2.9.2.1. Milling products of barley, wheat, spelt  and oats  
(with an ash content lower than 900mg/100g)  100 µg/kg  
50 µg/kg as from 1.7.2024   
2.9.2.2. Milling products of barley, wheat, spelt  and oats                        
(with an ash content equal or higher than 
900mg/100g)  
 
Barley, wheat, spelt and oats grains placed on the 
market for the final consumer   150 µg/kg  
2.9.2.3. Rye milling products   
Rye placed on the market for the final consumer  500 µg/kg until 30.6.202 4 
250 µg/kg as from 1.7.2024    
2.9.2.4. Wheat gluten  
 400 µg/kg  
2.9.2.5. Processed cereal based food for infants and young 
children (3) (29)  20 µg/kg  EN 2  EN included in ‘cereals’ and buckwheat products are included in ‘cer eal products’. 
Tree nuts are not covered by the maximum level for fruit .’ 
(3) Footnote 18 is replaced by the following:  
‘(18) The maximum level applies to unprocessed cereals placed on the market before 
first-stage processing . In integrated production and processing systems  the 
maximum level applies in the production chain at the stage before first -stage 
processing. Integrated and processing systems means systems where all 
incoming lots are cleaned, sorted and processed in the same establishment.  
Drying and cleaning, including sorting (colour sorting where applicable) and 
scouring, are not considered to be “first -stage processing” insofar as the whole 
grain remains intact.   
Scouring is cleaning cereals by brushing or scrubbing it vigorously, combined 
with d ust removal (e.g. aspiration).  
In case scouring is applied in the presence of ergot sclerotia  the cereals need to 
firstly undergo a cleaning step before scouring.’