EN   EN  
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/11184/2018 CIS 
(POOL/E2/2018/11184/11184 -EN 
CIS.docx)  
[…](2021) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No  1881/2006 as regards maximum levels of cadmium in 
certain foodstuffs  
(Text with EEA relevance)   EN 1  EN  COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No  1881/2006 as regards maximum levels of cadmium 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 A rticle  2(3) thereof,  
Whereas:  
(1) Commission Regulation (EC) No  1881/20062 sets maximum levels for cadmium (Cd) 
in a range of foodstuffs.  
(2) On 30  January 2009 , the European Food Safety Authority (‘the Authority’) adopted an 
opinion on cadmium in food3. The Authority concluded  that cadmium is primarily 
toxic to the kidney, especially to the proximal tubular cells where it accumulates over 
time and may cause renal dysfunction. In view of  the toxic effects of cadmium on the 
kidneys, the Authority  established a tolerable weekly intake for cadmium of 2 ,5 μg/kg 
body weight.  The Authority further  concluded that the mean exposure for adults across 
the U nion is close to, or slightly exceed s, the tolerable weekly intake . It also 
concluded  that subgroups such as vegetar ians, children, smokers and people living in 
highly contaminated areas may exceed the tolerable weekly intake  by about 2 -fold. 
Therefore , the CONTAM Panel concluded that the current exposure to cadmium at the 
population level needs to be reduced. Following  that opinion, the Authority issued, on  
17 January 2012 , a scientific report  where it  confirmed that children and adults at the 
95th percentile exposure could exceed the health -based guidance values.4 
(3) Taking into account the Authority’s opinion and scientific report, new maximum 
levels for baby foods and chocolate/cocoa products were established under 
Commission Regulation (EU) No  2014/4885.  
(4) However,  the Commission considered that an immediate reduction of the existing MLs 
was not appropriate at the  time. Therefore, it adopted Commission Recommendation 
                                                 
1 OJ L 37, 13.2.1993, p.  1.  
2 Commission Regulation (EC) No  1881/2006 of 19  December 2006 setting maximum levels for cer tain 
contaminants in foodstuffs (OJ L 364, 20.12.2006, p.  5). 
3 EFSA Panel on Contaminants in the Food Chain (CONTAM); Scientific opinion on cadmium  in food. 
EFSA Journal  2009 (980) 1-139, https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2009.980.  
4 Scientific Report of EFSA on Cadmium dietary exposure in the European population. EFSA Journal 
2012;10(1), 2551  [37 pp.] , https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2012.2551 . 
5  Commission Regulation (EU) No 2014/488 of 12 May 2014 amend ing Regulation (EC) No 1881/2006 
as regards maximum levels of cadmium in foodstuffs  (OJ L 138, 13.5.2014, p. 75 ). EN 2  EN  (EU) 2014/193/EU6, which  called on  Member States to  ensure that the already 
available mitigation methods were communicated and promoted to farmers and started  
or continued to be implemented , to regularly monitor the progress of the mitigation 
measures by collecting occurrence data on cadmium levels in food stuffs  and to report 
the data, in particular on cadmium levels close to or exceeding the maximum levels,  
by February 2018.   
(5) An evaluation of th e most recent occurrence data gathered after the implementation of 
the mitigation measures shows that it is now achievable to reduce the presence of 
cadmium in many foodstuffs. Therefore, it is appropriate to lower the existing 
maximum levels for cadmium or to establish maximum levels for those  foodstuffs.  
(6) Regulation (EC) No  1881/2006 should therefore be amended accordingly.  
(7) Given that cadmium is a n indirect  genotoxic carcinogen, and consequently its presence 
is a higher risk for public health, products containing cadmium , which do not comply 
with the new maximum levels , and which were placed on the market before the entry 
into force of this Regulation , should only be allowed to remain on the market for a 
limited period of time .  
(8) 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:  
Article  1 
The Annex to Regulation (EC) No  1881/2006 is amended in accordance with the Annex to 
this Regulation.  
Article  2 
Foodstuffs listed in the Annex that were lawfully placed on the market before the entry into 
force  may remain on the market  until [publication office please introduce the date 6 months 
after entry into force ].  
Article  3 
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.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN  
                                                 
6 Commission Recommendation 2014/193/EU of 4 April 2014 on the on the reduction of the presence of 
cadmium in foodstuffs (OJ L 104, 8.4.2014, p. 80).