Commission Regulation (EU) 2024/1002 of 4 April 2024 amending Regulation (EU) 2023/915 as regards the maximum levels of perchlorate in beans (Phaseolus vulgaris) with pods
Date: 2024-04-04
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: consumer protection, food contamination, food inspection, food safety, food standard, foodstuff, health control, leguminous vegetable, market approval, marketing standard








L_202401002EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1002


5.4.2024







            COMMISSION REGULATION (EU) 2024/1002
of 4 April 2024
         
amending Regulation (EU) 2023/915 as regards the maximum levels of perchlorate in beans (Phaseolus vulgaris) with pods
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (1), and in particular Article 2(3) thereof,

Whereas:







(1)


Commission Regulation (EU) 2023/915 (2) sets maximum levels for certain contaminants, including perchlorate, in food.












(2)


On 30 September 2014, the European Food Safety Authority adopted a scientific opinion on perchlorate in food, in particular fruits and vegetables, and concluded that its presence in certain foodstuffs, including beans (Phaseolus vulgaris) with pods, was a health concern (3).












(3)


Maximum levels for perchlorate in a wide range of food were established by Commission Regulation (EU) 2020/685 (4) and these maximum levels were integrated in Commission Regulation (EU) 2023/915. Although comprehensive occurrence data were not available for all subcategories of fruits and vegetables at the time of establishment of these levels, general strict maximum level was set for all fruits and vegetables, including beans, to ensure a high level of human health protection.












(4)


However, extensive recent occurrence data on the levels of perchlorate present in beans show that the maximum level is not achievable in beans (Phaseolus vulgaris) with pods in major production areas in the Union, even if good practices are applied.












(5)


It is therefore appropriate to increase the maximum level for perchlorate in beans (Phaseolus vulgaris) with pods according to the principle that maximum levels are to be established at levels as low as reasonably achievable following good practices.












(6)


Regulation (EU) 2023/915 should therefore be amended accordingly.












(7)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2023/915 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.





This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 37, 13.2.1993, p. 1.

(2)  Commission Regulation (EU) 2023/915 of 25 April 2023 on maximum levels for certain contaminants in food and repealing Regulation (EC) No 1881/2006 (OJ L 119, 5.5.2023, p. 103).

(3)  Scientific opinion on the risks to public health related to the presence of perchlorate in food, in particular fruits and vegetables. EFSA Journal 2014;12(10):3869, https://doi:10.2903/j.efsa.2014.3869.

(4)  Commission Regulation (EU) 2020/685 of 20 May 2020 amending Regulation (EC) No 1881/2006 as regards maximum levels of perchlorate in certain foods (OJ L 160, 25.5.2020, p. 3).




ANNEX
In Section 6 (other contaminants) of Annex I to Regulation (EU) 2023/915, entry 6.3.1 (fruits and vegetables except of products listed in 6.3.1.1 and 6.3.1.2) is replaced by the following:









‘6.3.1


Fruits and vegetables except products listed in 6.3.1.1, 6.3.1.2 and 6.3.1.3


0,05


 




6.3.1.1



Cucurbitaceae and kale


0,10


 




6.3.1.2


Leaf vegetables and herbs


0,50


 




6.3.1.3


Beans (Phaseolus vulgaris) with pods


0,15’


 








ELI: http://data.europa.eu/eli/reg/2024/1002/oj
ISSN 1977-0677 (electronic edition)