Commission Implementing Regulation (EU) 2024/1045 of 9 April 2024 amending Regulation (EC) No 333/2007 as regards the methods of sampling and analysis for the control of levels of nickel in foodstuffs and amending certain references
Commission Implementing Regulation (EU) 2024/1045of 9 April 2024amending Regulation (EC) No 333/2007 as regards the methods of sampling and analysis for the control of levels of nickel in foodstuffs and amending certain references(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)OJ L 95, 7.4.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/625/oj., and in particular Article 34(6) thereof,Whereas:(1)Commission Regulation (EC) No 333/2007Commission 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/reg/2007/333/oj). lays down the methods of sampling and analysis to be used for the official control of the levels of trace elements and processing contaminants in foodstuffs.(2)In order to ensure the reliability and consistency of official controls on the maximum levels for nickel in certain foods, specific requirements should be set in Regulation (EC) No 333/2007 for the methods used for sampling and for laboratory analyses as regards that contaminant and for the determination of the dry matter content of foods.(3)Commission Regulation (EU) 2023/915Commission 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, ELI: http://data.europa.eu/eli/reg/2023/915/oj). set out maximum levels for nickel in certain foods and repealed Commission Regulation (EC) No 1881/2006Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5, ELI: http://data.europa.eu/eli/reg/2006/1881/oj).. Article 9 of Regulation (EU) 2023/915 provides that the references to the repealed Regulation (EC) No 1881/2006 are to be construed as references to Regulation (EU) 2023/915 and to be read in accordance with the correlation table in Annex II to that Regulation. However, the correlation table in Annex II does not provide details on the correlation of specific entries in Annex I to Regulation (EU) 2023/915 and the Annex to Regulation (EC) No 1881/2006 and this makes difficult to construe the references that Regulation (EC) No 333/2007 makes to the Annex to Regulation (EC) No 1881/2006. Therefore, it is appropriate to replace the references contained in Regulation (EC) No 333/2007 to specific entries in the Annex to Regulation (EC) No 1881/2006 with references to the corresponding entries of Annex I to Regulation (EU) 2023/915. For the sake of consistency, all other references to Regulation (EC) No 1881/2006 in Regulation (EC) No 333/2007 should also be replaced by references to Regulation (EU) 2023/915.(4)Regulation (EU) 2017/625 on official controls repealed and replaced, on 14 December 2019, Regulation (EC) No 882/2004 of the European Parliament and of the CouncilRegulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on officials controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/882/oj).. Since the references to Regulation (EC) No 1881/2006 are being replaced, it is appropriate to also replace the reference to Regulation (EC) No 882/2004.(5)Regulation (EC) No 333/2007 should therefore be amended accordingly.(6)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: