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

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:

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

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’

‘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’