Regulation (EC) No 466/2001 is amended as follows:
in Article 4(2) point (b), βand 2.2.2β is replaced by β, 2.2.2, 2.2.3, 2.2.4 and 2.2.5β.
in Article 5, paragraph 2a is replaced by the following:
2a.The Commission shall, based on an up-to-date risk assessment on ochratoxin A (OTA) performed by the EFSA and taking into account the prevention measures applied to reduce the OTA content, review the provisions under the heading 2.2 of section 2 of Annex I by 30 June 2006 at the latest. This review will concern in particular the maximum level for OTA in dried vine fruit and grape juice and the consideration of setting a maximum level for OTA in green coffee, dried fruit other than dried vine fruit, beer, cocoa and cocoa products, liqueur wines, meat and meat products, spices and liquorice.
For this purpose, Member States and interested parties shall communicate each year to the Commission the results of the investigations undertaken and the progress with regard to the application of prevention measures to avoid contamination by OTA. The Commission will make these results available to the Member States.
Annex I is amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 April 2005.
This Regulation shall not apply to products which were placed on the market before 1 April 2005 in conformity with the provisions applicable. The burden of proving when the products were placed on the market shall be borne by the food business operator.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 January 2005.
For the Commission
Markos Kyprianou
Member of the Commission