EN   EN  
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10427/2018 CIS 
(POOL/E2/2018/10427/10427 -EN 
CIS.doc)  
[…](2019) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No 1881/2006 as regards maximum levels of polycyclic 
aromatic hydrocarbons (PAHs) in traditionally smoked meat and meat products and 
traditionally smoked fish and fishery products and establishing a maximum level of 
PAHs in powders  of food of plant origin used for the preparation of beverages  
(Text with EEA relevance)   EN 1  EN  COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No 1881/2006 as regards maximum levels of polycyclic 
aromatic hydrocarbons (PAHs) in traditionally smoked meat and meat products and 
traditionally smoked fish and fishery products and establishing a maximum level of 
PAHs in powders of food of plant origin used for the preparation of beverages  
(Text with EEA relevance)  
THE EUROPEAN COMMISSI ON, 
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 polycyclic 
aromatic hydrocarbons (PAHs) in food, including smoked meat and meat products and 
smoked fish and fishery products.  
(2) According to that Regulation, maximum levels for PAHs should be se t at a level 
which is  as low as reasonably achievable (ALARA)  based upon good manufacturing 
and agricultural/fishery practices. In 2011, data for smoked fish and smoked meat 
showed  that lower maximum levels were achievable. Nevertheless, adaptations of 
smoking technology were necessary in some cases. Therefore, for smoked meat and 
meat products and smoked fish and fishery products a transition period of three years 
was granted   before the lower maximum levels bec ame applicable from 1 September 
2014.  
(3) However , despite of the application of good smoking practices , it was established in 
2014 that the lower levels for PAHs were  unachievable in Ireland, Spain, Croatia, 
Cyprus, Latvia, Poland, Portugal, Romania, Slovak Republic, Finland, Sweden and the 
United Kingdom for certain cases of traditionally smoked meat and meat products and 
in Ireland, Latvia, Romania, Finland, Sweden and the United Kingdom for certain 
cases of traditionally smoked fish and smoked fishery products. In those cases , the 
adaptations of smoking practices to comply with the lower maximum PAH levels 
could not be achieved without changing significantly the organoleptic characteristics 
of the food .  
(4) Based on the above considerations, and pursuant to Article 7 (6) and (7) of Regulation 
(EC)  No 1881/2006, a temporary derogation from the application of the lower 
maximum levels for PAHs as of 1 September 2014 was granted to the  Member States 
concerned  for the placing on their market of traditionally smoked meat and meat 
products and/or fish and fishery products , smoked in their territory and intended for 
                                                 
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 ).  EN 2  EN  consumption in their territory . The maximum levels applicable before 1 September 
2014 continued to apply to those smoked products. The derogation covered generally 
all meat and meat products and/or fish and fishery products , without indication of the 
specific names of foodstuffs.  
(5) In accordance with Article 7  (6) and (7)  of Regulation (EC) No  1881/2006,  the 
respective Member States have  continue d to monitor the presence of PAHs in those 
produc ts and have establish ed programmes to implement good smoking practices 
where possible .  The situation was also reassess ed in 2018 on the basis of detailed 
information provided by the Member States concerned including monitoring data on 
the presence of PAHs  in traditionally smoked meat and smoked meat products and 
smoked fish and smoked fish products and information on the implementation of good 
smoking practices and changes in organoleptic characteristics. Following a detailed 
assessment of the provided inf ormation, it was concluded that the lower PAH levels 
were not achievable by changing smoking practices within the limits of what is 
economically feasible and possible without losing typical organoleptic characteristics 
in certain traditionally smoked meat and smoked meat products in Croatia, Cyprus, 
Portugal, Ireland, Poland, Spain, Latvia, Finland, Slovak Republic and Sweden  and in 
certain traditionally smoked fish and smoked fishery products in Latvia, Finland and 
Sweden . Therefore  a derogation for local  production and consumption should be 
granted without a time limit for certain traditionally smoked meat and meat products, 
fish and fishery products in these  Member States  concerned.   
(6) Furthermore, certain powders of food of plant origin, used for the pr eparation of 
beverages , have been found to contain high levels of PAHs  due to inappropriate  drying 
practices applied to th ose powders. Given that PAHs are genotoxic carcinogens , it is 
therefore necessary to establish a maximum level for PAHs in th ose powders , 
achievable by applying good drying practices , with the aim  to ensure a high level of 
human health protection.  
(7) Regulation (EC) No 1881/2006 should therefore be amended accordingly.  
(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  
Amendment s to Regulation (EC) No 1881/2006  
Regulation (EC) No 1881/2006 is amended as follows:  
(1) In Article 7 , paragraphs 6 and 7 are replace d by the following : 
'6. By way of derogation from Article 1, the following Member States may 
authorise the placing on their market of the following traditionally smoked 
meat and smoked meat products, smoked in their territory and intended for 
consumption i n their territory with levels of PAHs higher than those set out in 
point 6.1.4. of the Annex, provided that those products comply with the 
maximum levels applicable before 1 September 2014, i.e. 5.0 µg/kg for 
benzo(a)pyrene and 30.0 µg/kg for the sum of be nzo(a)pyrene, 
benz(a)anthracene, benzo(b)fluoranthene and chrysene : 
– Croatia, Cyprus, Portugal, Ireland, Poland and Spain:  traditionally 
smoked meat and meat products;  EN 3  EN  – Latvia:  traditionally smoked pork, hot smoked chicken meat, hot smoked 
sausages and hot s moked game meat;  
– Finland:  traditionally hot smoked meat and meat products;   
– Slovak Republic: salted traditionally smoked meat, traditionally smoked 
bacon, traditionally smoked sausage ( klobása ), where ʽ traditionally 
smoked ʼ means developing smoke by burning woods (wood logs, wood 
sawdust, wood chips) on the grillage developers of smoke;  
– Sweden: meat and meat products smoked over glowing wood or other 
plant materials . 
Those Member States and concerned food business operators  shall continue to 
monitor the presence of PAHs in traditionally smoked meat and smoked meat 
products referred to in the first subparagraph of this paragraph and shall  ensure 
that good smoking practices are implemented where possible,  without losing 
typic al organoleptic characteristics of those products.  
7. By way of derogation from Article 1, the following Member States may 
authorise the placing on their market of the following traditionally smoked fish 
and smoked fishery products, smoked in their territ ory and intended for 
consumption in their territory with levels of PAHs higher than those set out in 
point 6.1.5. of the Annex, provided that those smoked products comply with 
the maximum levels applicable before 1 September 2014, i.e. 5.0 µg/kg for 
benzo( a)pyrene and 30.0 µg/kg for the sum of benzo(a)pyrene, 
benz(a)anthracene, benzo(b)fluoranthene and chrysene : 
– Latvia:  traditionally hot smoked fish;  
– Finland: traditionally hot smoked small fish and fish products made from 
small fish;  
– Sweden: fish and fisher y products smoked over glowing wood or other 
plant materials . 
Those Member States and concerned food business operators shall continue to 
monitor the presence of PAHs in traditionally smoked fish and smoked fishery 
products referred to in the first subparagraph of this paragraph and shall ensure 
that good smoking practices are implemented where possible, without losing 
typical organoleptic cha racteristics of those products.' ; 
(2) The Annex is amended in accordance with the Annex to this Regulation.  
Article 2  
Foodstuffs, listed in the Annex to this Regulation, lawfully placed on the market prior to the 
entry into force may remain on the market after that date until their date of minimum 
durability or use -by-date.  
Article 3  
Entry into force and application  
This Regulation shall enter into force on twentieth day following that of its publication in the 
Official Journal of the European Union.  EN 4  EN   
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER