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6.2.2013 Official
Journal
of
the
European
Union L
35/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 107/2013
of 5 February 2013
amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as
regards maximum levels for melamine in canned pet food
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(3) The
Codex
Alimentarius
Commission
has
established
maximum levels for melamine in feed and food ( 5 )
which are to apply to feed as sold, while the
maximum levels established in Directive 2002/32/EC
Having regard to the Treaty on the Functioning of the European
concern feed with a moisture content of 12 %.
Union,
(4) Recently
provided
information
has
demonstrated
that
Having regard to Directive 2002/32/EC of the European
melamine can migrate in wet pet food from the can
Parliament and of the Council of 7 May 2002 on undesirable
coating at a level above 2,5 mg/kg relative to a feed
substances in animal feed ( 1 ), and in particular Article 8(1)
with a moisture content of 12 % but below the SML of
thereof,
2,5 mg/kg in the wet pet food. In the light of this devel
opment in scientific and technical knowledge, it is appro
priate to establish the maximum level of 2,5 mg/kg for
melamine for canned wet pet food on a ‘as sold’ basis
Whereas:
and this in line with what is foreseen for canned food.
(1) Directive
2002/32/EC
provides
that
the
use
of
products (5) Directive
2002/32/EC
should
therefore
be
amended
intended for animal feed which contain levels of unde
accordingly.
sirable substances exceeding the maximum levels laid
down in Annex I to that Directive is prohibited.
(6) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of Standing Committee on
the Food Chain and Animal Health and neither the
(2) Information
has
been
provided
that
melamine
is
used
in
European Parliament nor the Council has opposed them,
the coating of cans containing pet food and can migrate
into that pet food. Cans with the same coating are used
for the canning of food and in accordance with the
European Food Safety Authority’s (EFSA) a scientific
HAS ADOPTED THIS REGULATION:
opinion on melamine in food and feed ( 2 ), a specific
migration limit (SML) of 2,5 mg/kg for the canned
food as such has been established by Commission Regu
Article 1
lation (EU) No 10/2011 of 14 January 2011 on plastic
Annex I to Directive 2002/32/EC is amended in accordance
materials and articles intended to come into contact with
with the Annex to this Regulation.
food ( 3 ) as amended by Regulation (EU) No
1282/2011 ( 4 ).
Article 2
( 1 ) OJ L 140, 30.5.2002, p. 10.
( 2 ) EFSA Panel on Contaminants in the Food Chain (CONTAM) and
This Regulation shall enter into force on the twentieth day
EFSA Panel on Food Contact Materials, Enzymes, Flavourings and
following that of its publication in the Official Journal of the
Processing Aids (CEF); Scientific Opinion on Melamine in Food and
European Union.
Feed. EFSA Journal 2010; 8(4):1573. [145 pp.]. doi:10.2903/
j.efsa.2010.1573. Available online: http://www.efsa.europa.eu/en/
scdocs/doc/1573.pdf
( 5 ) Report on the Thirty-Third Session of the Joint FAO/WHO Food
( 3 ) OJ L 12, 15.1.2011, p. 1.
Standards Programme, Codex Alimentarius Commission, Geneva,
( 4 ) OJ L 328, 10.12.2011, p. 22.
Switzerland, 5-9 July 2010 (ALINORM 10/33/REP).

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L 35/2
EN
Official Journal of the European Union
6.2.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX
Row 7 of Section I of Annex I to Directive 2002/32/EC is replaced by the following:
Maximum content in mg/kg (ppm)
Undesirable substance Products
intended
for
animal
feed
relative to a feed with a moisture content
of 12 %
‘7. Melamine ( 9 ) Feed 2,5
with the exception of
— canned pet food 2,5
(*)
— the following feed additives:
- - guanidino acetic acid (GAA);
—
- - urea;
—
- - biuret.
—
(*) The maximum level is applicable to canned pet food as sold.’

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Document Outline

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