EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10006/2019 - revision 2  
[…](2019) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending and correcting Regulation (EC) 1881/2006 as regards maximum levels of 
erucic acid and hydrocyanic acid in certain foodstuffs  
(Text with EEA relevance)   EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending and correcting Regulation (EC) 1881/2006 as regards maximum levels of 
erucic acid and hydrocyanic acid in certain foodstuffs  
(Text with EEA relevance)  
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 food1, and in particular Article  2(3) thereof,  
Whereas:  
(1) Commission Regulation (EC) No  1881/20062 sets maximum levels for certain  
contaminants in foodstuffs, including for erucic acid in certain foods tuffs.   
(2) On 21 September 2016, the Scientific Panel on Contaminants in the Food Chain 
(CONTAM) of the European Food Safety Authority (EFSA) adopted a scientific 
opinion on erucic acid in feed and food3. EFSA established a tolerable daily intake 
(TDI) of 7 mg/kg body weight (bw) per day for erucic acid. The highest dietary 
exposure levels were observed for infants and other children with exposure levels 
above the TDI. This may indic ate a risk for young individuals with high erucic acid 
exposure.  
(3) Data on the presence of erucic acid in vegetable oils and fats indicate that for most 
vegetable oils and fats, lower levels  can be achieved by applying good practices , e.g. 
by using vari eties low in erucic acid. Therefore, it is appropriate to lower the 
maximum level for vegetable oils , with the exception of camelina oil , mustard oil  and 
borage oil , to the level established by Codex Alimentarius for low -erucic acid 
rapeseed oil4.  
(4)  For camelina  oil, mustard oil and borage oil, evidence has been provided 
demonstrating that it is not possible to achieve lower levels by applying good practices  
as for these species there are no varieties of which the vegetable oils extracted from 
these pla nts contain levels of erucic acid lower than the maximum level proposed for 
the other vegetable oils. Therefore and given that these oils are of less significance for 
the human exposure than other vegetable oils, the maximum level  for erucic acid in 
camelina oil , mustard oil and borage oil  should remain the same. Furthermore, it is 
appropriate  to avoid the closure of small and micro size enterprises in certain Member 
States, to exempt mustard oil of the application of the maximum l evel produced and 
consumed locally in small quantities and in agreement with the competent authority.   
                                                 
1 OJ L 37, 13.2.1993, p. 1.  
2 Commission 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 ).  
3  EFSA Journal 2016;14(11):4593   
4  Standard for named vegetable oils (CODEX STAN 210 -1999), Codex Alimentarius  EN 2  EN (5)  Given that the maximum level for vegetable oils and fats applies also to vegetable oils 
used as ingredient in food, there is no need to establish a  maximum level for erucic 
acid in foods containing added vegetable oils and fats.   
(6) Given the high concentration of erucic acid in mustard  there is a risk of significant 
exposure  to erucic acid through consumption of mustard.  Therefore,  it is appropriate 
to establish a maximum level for erucic acid in mustard.   
(7) A maximum  level for erucic acid in infant formulae and follow -on formulae has 
already been established by Commission Delegated Regulation (EU) 2016/1275. For 
reasons of clarity, the  maximum level for erucic acid in infant formulae and follow -on 
formulae established by this Regulation  should be deleted.  
(8) In Commission Regulation (EU) 2017/12376, no unit of measurement is set for t he 
maximum level for hydrocyanic acid .  It is therefore  appropriate to correct this error in 
order to provide legal certainty.  
 (9) Regulation (EC) No 1881/2006 should therefore be amended accordingly.  
(10) The measures provided for in this Regulation are in accordance with the opinion of the 
Standi ng Committee on Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
The Annex to Regulation (EC) No  1881/2006 is amended in accordance with Annex  I to this 
Regulation.  
Article 2  
The Annex to Regulation (EC) No  1881/2006 is corrected  in accordance with Annex II to this 
Regulation.  
Article 3 
Foodstuffs listed in the Annex to this Regulation that were lawfully placed on the market 
before the entry into force of this Regulation may remain on the market until their date of 
minimum durabil ity or use -by-date. 
Article 4 
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.  
                                                 
5 Commission Delegated Regulation (EU) 2016/127 of 25 September 2015 supplementing Regulation (EU) No 
609/2013 of the European Parliament and of the Council as regards the specific compositional and information 
requirements for infant formula and follow -on formula and as regards requirements on information relating to 
infant and young child feeding ( OJ L 25, 2.2.2016, p. 1.)  
6 Commission Regulation (EU) 2017/1237 of 7 July 2017 amending Regulation (EC) No 1881/2006 as regards a 
maximum level of hydrocyanic acid in unprocessed whole, ground, milled, cracked, chopped apricot kernels 
placed on the market fo r the final consumer ( OJ L 177, 8.7.2017, p. 36)  
 EN 3  EN Done at Brussels,  
 For the Commission  
 The President