EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10104/2022 Rev. 1 
(POOL/E2/2022/10104/10104R1 -
EN.docx)  D080868/03  
[…](2022) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No 1881/2006 as regards maximum levels of dioxins and 
dioxin -like PCBs 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 dioxins and 
dioxin -like PCBs 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 , including dioxins and dioxin -like polychlorinated biphenyls  (PCBs ), in 
foodstuffs.  
(2) The European Food Safety Authority (‘the Authority’) adopted in 2018  a scientific  
opinion on the risks for animal and public health related to the presence of dioxins and 
dioxin -like PCBs in feed and food3. The Authority established a tolerable weekly 
intake of 2 pg TEQ  (toxic equivalence) /kg b ody weight /week  for the sum of dioxins 
and dioxin -like PCBs. Estimates of chronic human dietary exposure to dioxins and 
dioxin -like PCBs based o n the available occurrence data  indicate  a significant 
exceedance of the  tolerable weekly intake for populations of all age groups .  
(3) The Authority recommended in its scientific  opinion to re -evaluate the current 
WHO 2005-TEFs (Toxic Equivalence Factors) in order to take into account new in vivo  
and in vitro  data, in particular, as regards PCB -126.  
(4) The World Health Organisation ( WHO ) is currently performing a review of the 
WHO 2005-TEF values , which is expected  to be completed in 2023.  
(5) Pending the completion of that review and  in order to provide for a high level of  
human health protection  in the meantime , it is appropriate to establish  maximum 
levels for dioxins and for the sum of dioxins and dioxin -like PCBs for foodstuffs not 
yet covered by Union  legislation and for which  occurrence data have been recently 
made av ailable in the Authority’s  database , such as meat and meat products from 
caprine animals, horse, rabbit, wild boar, game birds and venison and liver of caprine 
animals, horse and game birds , and to extend the existing maximum level for hen eggs 
to all poultry eggs with the exception of goose eggs .   
                                                 
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 Scientific Opinion on the risk for animal and human he alth related to the presence of dioxins and  
dioxin -like PCBs in feed and food. EFSA Journal 2018;16(11):5333, 331 pp.  
https://doi.org/10.2903/j.efsa.2018.5333    
EN 2  EN (6) Furthermore, given that not only muscle meat from appendages of crabs and crab -like 
crustaceans is consumed but also muscle meat from  the abdomen  of such crustaceans, 
in particular mitten crab, it is appropriate that the maximum levels also apply to the 
muscle meat of the abdomen of these crustaceans.    
(7) In addition , taking into account the available occurrence data and the importance to 
ensure a h igh level of human health protection, in particular for vulnerable groups of 
the population, it is appropriate to already  lower the maximum levels for dioxins and 
the sum of dioxins and dioxin -like PCB s in milk and dairy products.  
(8) Regulation (EC) No 1881/2006 should therefore be amended accordingly.  
(9) A reasonable period should be provided to allow for the food business operators to 
adapt to the maximum levels set out in this Regulation.  
(10) Taking into account that certain foodstuffs covered by this Regula tion have  a long 
shelf life, foodstuffs that were law fully placed on the market before the date of 
application of this Re gulation  should be allowed to remain on the market.  
(11) 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 lawfu lly placed on the market before 1 January 20 23, 
may remain on the market  until their date of minimum durability or use -by-date.   
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.  
It shall apply from 1 January 2023.  
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