EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/11728/2016 (POOL/E2/2016/11728/11728-EN.doc) D048376/04 […](2017) XXX  draft 
  
COMMISSION REGULATION (EU) …/… 
of XXX  
amending Regulation (EC) No 1881/2006 as re gards maximum level of hydrocyanic acid 
in unprocessed whole, ground, milled, crack ed, chopped apricot kernels placed on the 
market for the final consumer  
(Text with EEA relevance) 
  
EN 2   EN COMMISSION REGULATION (EU) …/… 
of XXX  
amending Regulation (EC) No 1881/2006 as re gards maximum level of hydrocyanic acid 
in unprocessed whole, ground, milled, cracked , chopped apricot kernels placed on the 
market for the final consumer  
(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 food
1, and in particular Article 2(3) thereof, 
Whereas: (1) Commission Regulation (EC) No 1881/2006
2 sets maximum levels for certain 
contaminants in foodstuffs. 
(2) The Scientific Panel on Contaminants in the Food Chain (CONTAM) of the European 
Food Safety Authority (EFSA) adopted a sc ientific opinion on acute health risks 
related to the presen ce of cyanogenic glycosides in raw apricot kernels and products 
derived from raw apricot kernels3. The term "raw apricot kernels and products derived 
from raw apricot kernels" referred to in the scientific opinion concern the same products as the term "unprocessed whol e, ground, milled, cracked, chopped apricot 
kernels” referred to in this Regulation.  
(3) Amygdalin is the major cyanogenic glycoside present in unprocessed apricot kernels 
and is degraded to hydrocyanic acid (cyanide) by chewing. Hydrocyanic acid 
(cyanide) is highly toxic to humans. An acute reference dos e (ARfD) of 20 µg/kg bw 
was derived by the CONTAM Panel for as sessing the risks associated with the 
presence of cyanogenic glycosides in unprocessed whole, ground, milled, cracked, 
chopped apricot kernels. Taki ng into account the report ed levels of cyanogenic 
glycosides in unprocessed apricot kernels, the ARfD would be ex ceeded already by 
consumption of only a very fe w unprocessed apricot kernels. 
(4) It is therefore appropriate to establish a maximum level for hydrocyanic acid (cyanide) 
in unprocessed whole, ground, milled, cracke d, chopped apricot kernels placed on the 
market for the final consumer. 
                                                 
1 OJ L 37, 13.2.1993, p. 1.  
2 Commission Regulation (EC) No 1 881/2006 of 19 Decembe r 2006 setting maximum levels for certain 
contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).  
3 EFSA CONTAM Panel (EFSA Panel on Contaminants in the Food Chain), 2016.Scientific opinion on 
the acute health risks related to the presence of cyanogenic glycosides in raw apricot kernels and 
products derived from raw apricot kernels. EFSA Journal 2016;14(4):4424, 47 pp 
doi:10.2903/j.efsa.2016.4424 
http://www.efsa.europa.eu/sites/default/files/ scientific_output/files/ main_documents/4424.pdf    
EN 3   EN (5) Given the very fragmented market of unprocessed apricot kernels and the possible 
acute health risks for public health, it s hould be provided that the operator guarantees 
that all unprocessed whole, ground, milled, cr acked, chopped apricot kernels placed on 
the market for the final consumer comply with the maximum level.  
(6) It is appropriate to establish the sampli ng rules to be applied for the control of 
compliance with the maximum levels.  
(7) Regulation (EC) No 1881/2006 should therefore be amended accordingly. 
(8) The measures provided for in this Regulati on 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 
The operator who places unprocessed whole, ground, milled, cracked, chopped apricot kernels 
on the market for the final consumer shall provide upon request from the competent authority evidence of compliance of the market ed product with the maximum level. 
Article 3 
The sampling for the control of compliance with the maximum levels shall be performed in 
accordance with the rules set out in part D.2 of Annex I to Commissi on Regulation (EC) No 
401/2006
4 . 
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. 
Done at Brussels, 
 For the Commission 
 The President  Jean-Claude JUNCKER 
                                                 
4 Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling 
and analysis for the official control of the levels of mycotoxins in foodstuffs (OJ L 70, 9.3.2006, p. 12).