Commission Regulation (EC) No 257/2002 of 12 February 2002 amending Regulation (EC) No 194/97 setting maximum levels for certain contaminants in foodstuffs and Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in foodstuffs (Text with EEA relevance)
Date: 2002-02-12
Institutions: European Commission
Subjects: consumer protection, food contamination, food standard, human nutrition, public health, toxic substance

L 41/12

EN

Official Journal of the European Communities

13.2.2002

COMMISSION REGULATION (EC) No 257/2002

of 12 February 2002

amending Regulation (EC) No 194/97 setting maximum levels for certain contaminants in food-
stuffs and Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in
foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 thereof,

cereals intended for direct consumption would apply
thereafter. The reason for this was that, in the case of
cereals, it cannot be excluded that sorting methods or
other physical
treatments can reduce the level of
contamination of aflatoxins but the real effectiveness of
these methods remains to be demonstrated. It was also
provided that, in the absence of data justifying the fixing
of a specific maximum level for unprocessed cereals, the
levels of 2 µg/kg aflatoxin B1 and 4 µg/kg aflatoxin
total were to apply.

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 194/97 of 31 January
1997 setting maximum levels for certain contaminants
in foodstuffs (2), as last amended by Regulation (EC) No
1566/1999 (3), establishes maximum levels for aflatoxin
B1 and aflatoxin total in certain foodstuffs. Commission
Regulation (EC) No 466/2001 of 8 March 2001 setting
maximum levels
in food-
stuffs (4), as amended by Council Regulation (EC) No
2375/2001 (5), will repeal and replace Regulation (EC)
No 194/97 with effect from 5 April 2002.

for certain contaminants

Regulation (EC) No 194/97 provided that the maximum
levels for nuts and dried fruit to be subjected to sorting
or other physical treatment before human consumption
or use as an ingredient in foodstuffs were to be reconsid-
ered before 1 July 2001 in the light of advances in
scientific and technological knowledge,
in particular
regarding the effectiveness of sorting or other treatments
in reducing the aflatoxin content.

In that connection, only data with regard to almonds
have been submitted. The data demonstrated that
through the various sorting and physical treatments the
aflatoxin content of unprocessed almonds was signifi-
cantly reduced in the final consumer product. However,
given the variability of the data, it is difficult to assess to
what extent the reduction takes place. It is appropriate
therefore to maintain the current maximum levels,
it
being understood that they are subject to review.

(4) With regard to cereals to be subjected to sorting or
other physical treatment before human consumption or
use as an ingredient in foodstuffs, Regulation (EC) No
194/97 provided that in so far as no specific level were
the levels established for
fixed before 1 July 2001,

(1) OJ L 37, 13.2.1993, p. 1.
(2) OJ L 31, 1.2.1997, p. 48.
(3) OJ L 184, 17.7.1999, p. 17.
(4) OJ L 77, 16.3.2001, p. 1.
(5) OJ L 321, 6.12.2001, p. 1.

(5)

(6)

(7)

In that connection, only data with regard to maize have
been submitted. Although continuous monitoring was
performed for more than two years, only a limited
number of lots were found to be contaminated. Conse-
quently, the possibility of demonstrating the effective-
ness of sorting, cleaning and other physical treatments
was limited. On the basis of these limited data,
it is
evident that through the various sorting and physical
treatments the aflatoxin content of unprocessed maize
can be significantly reduced after cleaning in the final
consumer product (flaking grits, other grits). The afla-
toxin contamination was mainly concentrated in the
screenings (waste) and to a lesser extent in maize germ,
bran meal and broken maize (products for animal feed).
Since the data are limited and variable, it is not possible
to assess quantitatively and with certainty to what extent
this reduction can be achieved. As more data are needed
it is appropriate to
before drawing final conclusions,
extend for maize, and this for the last time, the period
for which no level

is set.

For raw cereals other than maize, no data have been
submitted and therefore the maximum levels established
for cereals intended for direct human consumption
should apply as from 1 July 2001 also to cereals to be
subjected to sorting or other physical treatment before
human consumption or use as an ingredient in food-
stuffs.

It is important that these maximum levels enter into
force as soon as possible, and remain in force after
Regulation (EC) No 466/2001 has replaced Regulation
(EC) No 194/97. Both these Regulations should there-
fore be amended accordingly.

13.2.2002

EN

Official Journal of the European Communities

L 41/13

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing
Committee on Foodstuffs,

HAS ADOPTED THIS REGULATION:

Article 1

Point 2.1. Aflatoxins of heading I of the Annex to Regulation (EC) No 194/97 is amended as follows:

1. Points 2.1.1 and 2.1.2 are replaced by:

Products

Aflatoxins: maximum admissible
levels (1)
(µg/kg)

B1

B1 + B2 + G1 + G2

M1

Sampling
method

Reference
analysis method

‘2.1.1.

Groundnuts, nuts and dried fruit

2.1.1.1. Groundnuts, nuts and dried fruit and
processed products thereof, intended
for direct human consumption or as
an ingredient in foodstuffs

2.1.1.2. Groundnuts

to

be

subjected

to
sorting, or other physical treatment,
before human consumption or use as
an ingredient in foodstuffs

2 (4)

4 (4)

—

Directive
98/53/EC

Directive
98/53/EC

8 (4)

15 (4)

Directive
98/53/EC

Directive
98/53/EC

2.1.1.3. Nuts and dried fruit to be subjected
treat-
to sorting, or other physical
ment, before human consumption or
use as an ingredient in foodstuffs

5 (4)

10 (4)

—

Directive
98/53/EC

Directive
98/53/EC

2.1.2.

Cereals (including buckwheat, Fago-
pyrum spp.)

2.1.2.1. Cereals (including buckwheat, Fago-
pyrum spp.) and processed products
thereof
intended for direct human
consumption or as an ingredient in
foodstuffs

2.1.2.2. Cereals (including buckwheat, Fago-
pyrum spp.), with the exception of
maize, to be subjected to sorting, or
other
before
human consumption or use as an
ingredient in foodstuffs

treatment,

physical

2.1.2.3. Maize to be subjected to sorting, or
other
before
human consumption or use as an
ingredient in foodstuffs

treatment,

physical

2. Footnote 5 is deleted.

3. Footnote 6 is deleted

2

2

4

4

—

Directive
98/53/EC

Directive
98/53/EC

—

Directive
98/53/EC

Directive
98/53/EC

—

—

—

Directive
98/53/EC

Directive
98/53/EC’

L 41/14

EN

Official Journal of the European Communities

13.2.2002

Article 2

Point 2.1. Aflatoxins of Section 2 of Annex I to Regulation (EC) No 466/2001 is amended as follows:

1. Points 2.1.1 and 2.1.2 are replaced by:

Products

Aflatoxins: maximum admissible
levels (1)
(µg/kg)

B
1

B
1

+ B

+ G
1

2

+ G

2

M

1

Sampling
method

Reference
analysis method

‘2.1.1.

Groundnuts, nuts and dried fruit

2.1.1.1. Groundnuts, nuts and dried fruit and
processed products thereof, intended
for direct human consumption or as
an ingredient in foodstuffs

2.1.1.2. Groundnuts

to

be

subjected

to
sorting, or other physical treatment,
before human consumption or use as
an ingredient in foodstuffs

2 (6)

4 (6)

—

Directive
98/53/EC

Directive
98/53/EC

8 (6)

15 (6)

Directive
98/53/EC

Directive
98/53/EC

2.1.1.3. Nuts and dried fruit to be subjected
to sorting, or other physical
treat-
ment, before human consumption or
use as an ingredient in foodstuffs

5 (6)

10 (6)

—

Directive
98/53/EC

Directive
98/53/EC

2.1.2.

Cereals (including buckwheat, Fago-
pyrum spp.)

2.1.2.1. Cereals (including buckwheat, Fago-
pyrum spp.) and processed products
thereof
intended for direct human
consumption or as an ingredient in
foodstuffs

2.1.2.2. Cereals (including buckwheat, Fago-
pyrum spp.), with the exception of
maize, to be subjected to sorting, or
other
before
human consumption or use as an
ingredient in foodstuffs

treatment,

physical

2.1.2.3. Maize to be subjected to sorting, or
other
before
human consumption or use as an
ingredient in foodstuffs

treatment,

physical

2

2

4

4

—

Directive
98/53/EC

Directive
98/53/EC

—

Directive
98/53/EC

Directive
98/53/EC

— (9)

— (9)

—

Directive
98/53/EC

Directive
98/53/EC’

2. Footnote 8 is deleted.

3. Footnote 9 is replaced by:

‘(9) If no specific level is fixed before 1 July 2003, the levels laid down in point 2.1.2.1 of the table will apply

thereafter to maize referred to in this point.’

13.2.2002

EN

Official Journal of the European Communities

L 41/15

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Communities.

Articles 1 and 3 shall apply from the day following such publication. Article 2 shall apply from 5 April
2002.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 February 2002.

For the Commission

David BYRNE

Member of the Commission