Commission Regulation (EU) 2024/1003

Contents

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^note, and in particular Article 2(3) thereof,Whereas:

(1)Commission Regulation (EU) 2023/915^note sets maximum levels for certain contaminants, including for the sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters in food.

(2)When the maximum levels for the sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters in infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children and young child formulae were established by Commission Regulation (EU) 2020/1322^note, it was stipulated that those maximum levels are to be reviewed in view of lowering them within 2 years from the date of application of that Regulation.

(3)In 2018 the European Food Safety Authority (‘the Authority’) concluded that the presence of 3-MCPD esters and glycidyl esters in certain foodstuffs was a health concern, in particular in foods for infants and young children^note.

(4)Maximum levels for the sum of 3-monochloropropanediol (3-MCPD) and 3-MCPD fatty acid esters in infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children and young child formulae were established by Regulation (EU) 2020/1322 and these maximum levels were integrated in Regulation (EU) 2023/915.

(5)Recent occurrence data from controls performed by Member States and available in the Authority’s database of the sampling years 2020-2022 indicate that lower levels of 3-MCPD and 3-MCPD fatty acid esters in infant formulae, follow-on formulae and food for special medical purposes intended for infants and young children and young child formulae can already be achieved following good practices. Therefore, those maximum levels should be lowered to ensure a high level of human health protection.

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

(7)To enable economic operators to prepare for the new rules introduced by this Regulation, it is appropriate to provide for a reasonable time until the new maximum levels apply. It is also appropriate to provide for a transitional period for food lawfully placed on the market before the date of application of this Regulation.

(8)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: