7.6.2005 Official Journal of the European Union L 143[3 COMMISSION REGULATION (EC) No 856/2005 of 6 June 2005 amending Regulation (EC) No 466/2001 as regards Fusarium toxins (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (!), and in particular Article 2(3) thereof, Whereas: Commission Regulation (EC) No 4662001 (3) provides for maximum levels for certain contaminants in food- stuffs. Certain Member States have adopted or plan to adopt maximum levels for Fusarium toxins, such as deoxyni- valenol (DON), zearalenone (ZEA) and fumonisins in certain foodstuffs. In view of the disparities between the level authorised in Member States and the consequent risk of distortion of competition, Community measures are necessary in order to ensure market unity while complying with the principle of proportionality. A variety of Fusarium fungi, which are common soil fungi, produce a number of different mycotoxins of the class of trichothecenes such as deoxynivalenol (DON), nivalenol (NIV), T-2 toxin and HT-2 toxin and some other toxins (zearalenone and fumonisins). The Fusarium fungi are commonly found on cereals grown in the temperate regions of America, Europe and Asia. Several of the toxin producing Fusarium fungi are capable of producing to a variable degree two or more of these toxins. The Scientific Committee for Food (SCF) has evaluated in a set of opinions the Fusarium toxins: deoxynivalenol (DON) in December 1999, zearalenone in June 2000, fumonisins in October 2000, updated in April 2003, nivalenol in October 2000 and T-2 and HT-2 toxin in May 2001 and a group evaluation of the trichothecenes in February 2002. () OJ L 37,13.2.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (®» OJ L 77,16.3.2001, p. 1. Regulation as last amended by Regulation (EC) 208/2005 (O] L 34, 8.2.2005, p. 3). ©) The SCF considered that the available data did not support the establishing of group Tolerable Daily Intake (TDI) for the evaluated trichothecenes and established — aTDI of 1 pgfkg body weight/day for deoxynivalenol (DON), — a temporary TDI (t-TDI) weight/day for nivalenol, of 0,7 uglkg body — a combined temporary TDI of 0,06 ug/kg body weight/day for T-2 and HT-2 toxin. For the other Fusarium toxins the SCF established — a temporary TDI (t-TDI) weight/day for zearalenone, of 0,2 pglkg body — a TDI of 2 pglkg bodyweight/day for the total of fumonisin B;, B, and Bj, alone or in combination. In the framework of Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific exam- ination of questions relating to food (), a scientific coop- eration (SCOOP) task 3.2.10 ‘Collection of occurrence data on Fusarium toxins in food and assessment of dietary intake by the population of EU Member States’ (*) was performed and finalised in September 2003. The results of that task demonstrate that Fusarium myco- toxins are widely distributed in the food chain in the Community. The major sources of dietary intake of Fusarium toxins are products made from cereals, in particular wheat and corn. While the dietary intakes of Fusarium toxins for the entire population and adults are often less than the TDI's for the respective toxin, for risk groups like infants and young children, they are close or even exceed the TDI in some cases. () OJ L 52, 4.3.1993, p. 18. Directive as amended by Regulation (EC) No 1882/2003. () Report available on the website of the European Commission, DG Health and Consumer Protection (http:/[europa.eu.int/comm/food/fs[scoop/task3210.pdf).