
Article 1 

1. The foodstuffs listed in the Annex shall not be placed on the market where they contain a contaminant listed in the Annex at a level exceeding the maximum level set out in the Annex.
2. The maximum levels specified in the Annex shall apply to the edible part of the foodstuffs concerned, unless otherwise specified in the Annex.
Article 2 

1. When applying the maximum levels set out in the Annex to foodstuffs which are dried, diluted, processed or composed of more than one ingredient, the following shall be taken into account:
(a) changes of the concentration of the contaminant caused by drying or dilution processes;
(b) changes of the concentration of the contaminant caused by processing;
(c) the relative proportions of the ingredients in the product;
(d) the analytical limit of quantification.
2. The specific concentration or dilution factors for the drying, dilution, processing and/or mixing operations concerned or for the dried, diluted, processed and/or compound foodstuffs concerned shall be provided and justified by the food business operator, when the competent authority carries out an official control.If the food business operator does not provide the necessary concentration or dilution factor or if the competent authority deems that factor inappropriate in view of the justification given, the authority shall itself define that factor, based on the available information and with the objective of maximum protection of human health.
3. Paragraphs 1 and 2 shall apply in so far as no specific Community maximum levels are fixed for these dried, diluted, processed or compound foodstuffs.
4. As far as Community legislation does not provide for specific maximum levels for foods for infants and young children, Member States may provide for stricter levels.
Article 3 

1. Foodstuffs not complying with the maximum levels set out in the Annex shall not be used as food ingredients.
2. Foodstuffs complying with the maximum levels set out in the Annex shall not be mixed with foodstuffs which exceed these maximum levels.
3. Foodstuffs to be subjected to sorting or other physical treatment to reduce contamination levels shall not be mixed with foodstuffs intended for direct human consumption or with foodstuffs intended for use as a food ingredient.
4. Foodstuffs containing contaminants listed in section 2 of the Annex (Mycotoxins) shall not be deliberately detoxified by chemical treatments.
Article 4 
Groundnuts, nuts, dried fruit and maize not complying with the appropriate maximum levels of aflatoxins laid down in points 2.1.3, 2.1.5 and 2.1.6 of the Annex can be placed on the market provided that these foodstuffs:

((a)) are not intended for direct human consumption or use as an ingredient in foodstuffs;
((b)) comply with the appropriate maximum levels laid down in points 2.1.1, 2.1.2, 2.1.4 and 2.1.7 of the Annex;
((c)) are subjected to a treatment involving sorting or other physical treatment and that after this treatment the maximum levels laid down in points 2.1.3, 2.1.5 and 2.1.6 of the Annex are not exceeded, and this treatment does not result in other harmful residues;
((d)) are labelled clearly showing their use, and bearing the indication ‘product shall be subjected to sorting or other physical treatment to reduce aflatoxin contamination before human consumption or use as an ingredient in foodstuffs’. The indication shall be included on the label of each individual bag, box etc. or on the original accompanying document. The consignment/batch identification code shall be indelibly marked on each individual bag, box etc. of the consignment and on the original accompanying document.
Article 5 
A clear indication of the intended use must appear on the label of each individual bag, box, etc. or on the original accompanying document. This accompanying document must have a clear link with the consignment by means of mentioning the consignment identification code, which is on each individual bag, box, etc. of the consignment. In addition the business activity of the consignee of the consignment given on the accompanying document must be compatible with the intended use.
In the absence of a clear indication that their intended use is not for human consumption, the maximum levels laid down in points 2.1.3 and 2.1.6 of the Annex shall apply to all groundnuts, derived products thereof and cereals placed on the market.
Article 6 
Unless lettuce grown under cover (protected lettuce) is labelled as such, maximum levels set in the Annex for lettuce grown in the open air (open-grown lettuce) shall apply.
Article 7 

1. By way of derogation from Article 1, Belgium, Ireland, the Netherlands and the United Kingdom may authorise until 31 December 2008 the placing on the market of fresh spinach grown and intended for consumption in their territory with nitrate levels higher than the maximum levels set out in point 1.1 of the Annex.
2. By way of derogation from Article 1, Ireland and the United Kingdom may authorise until 31 December 2008 the placing on the market of fresh lettuce grown and intended for consumption in their territory and harvested throughout the year with nitrate levels higher than the maximum levels set out in point 1.3 of the Annex.
3. By way of derogation from Article 1, France may authorise until 31 December 2008 the placing on the market of fresh lettuce grown and intended for consumption in its territory and harvested from 1 October to 31 March with nitrate levels higher than the maximum levels set out in point 1.3 of the Annex.
4. By way of derogation from Article 1, Finland and Sweden may authorise until 31 December 2011 the placing on their market of salmon (Salmo salar), herring (Clupea harengus), river lamprey (Lampetra fluviatilis), trout (Salmo trutta), char (Salvelinus spp.) and roe of vendace (Coregonus albula) originating in the Baltic region and intended for consumption in their territory with levels of dioxins and/or levels of the sum of dioxins and dioxin-like PCBs higher than those set out in point 5.3 of the Annex, provided that a system is in place to ensure that consumers are fully informed of the dietary recommendations with regard to the restrictions on the consumption of these fish species from the Baltic region by identified vulnerable sections of the population in order to avoid potential health risks. By 31 March each year, Finland and Sweden shall communicate to the Commission the results of their monitoring of the levels of dioxins and dioxin-like PCBs in fish from the Baltic region obtained in the preceding year and shall report on the measures taken to reduce human exposure to dioxins and dioxin-like PCBs from fish from the Baltic region.Finland and Sweden shall continue to apply the necessary measures to ensure that fish and fish products not complying with point 5.3 of the Annex are not marketed in other Member States.
Article 8 
The sampling and the analysis for the official control of the maximum levels specified in the Annex shall be performed in accordance with Commission Regulations (EC) No 1882/2006, No 401/2006, No 1883/2006 and Commission Directives 2001/22/EC, 2004/16/EC and 2005/10/EC.
Article 9 

1. Member States shall monitor nitrate levels in vegetables which may contain significant levels, in particular green leaf vegetables, and communicate the results to the Commission by 30 June each year. The Commission will make these results available to the Member States.
2. Member States and interested parties shall communicate each year to the Commission the results of investigations undertaken including occurrence data and the progress with regard to the application of prevention measures to avoid contamination by ochratoxin A, deoxynivalenol, zearalenone, fumonisin B1 and B2, T-2 and HT-2 toxin. The Commission will make these results available to the Member States.
3. Member States should report to the Commission findings on aflatoxins, dioxins, dioxin-like PCBs, non-dioxin-like PCBs and polycyclic aromatic hydrocarbons as specified in Commission Decision 2006/504/EC, Commission Recommendation 2006/794/EC and Commission Recommendation 2005/108/EC.
Article 10 
Regulation (EC) No 466/2001 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 11 
This Regulation shall not apply to products that were placed on the market before the dates referred to in points (a) to (d) in conformity with the provisions applicable at the respective date:

((a)) 1 July 2006 as regards the maximum levels for deoxynivalenol and zearalenone laid down in points 2.4.1, 2.4.2, 2.4.4, 2.4.5, 2.4.6, 2.4.7, 2.5.1, 2.5.3, 2.5.5 and 2.5.7 of the Annex;
((b)) 1 July 2007 as regards the maximum levels for deoxynivalenol and zearalenone laid down in points 2.4.3, 2.5.2, 2.5.4, 2.5.6 and 2.5.8 of the Annex;
((c)) 1 October 2007 as regards the maximum levels for fumonisins B1 and B2 laid down in point 2.6 of the Annex;
((d)) 4 November 2006 as regards the maximum levels for the sum of dioxins and dioxin-like PCBs laid down in section 5 of the Annex.
The burden of proving when the products were placed on the market shall be borne by the food business operator.
Article 12 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 March 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 December 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX

Section 1:Nitrate
Foodstuffs Maximum levels (mg NO3/kg)
1.1 Fresh spinach (Spinacia oleracea) Harvested 1 October to 31 March 3 000
Harvested 1 April to 30 September 2 500
1.2 Preserved, deep-frozen or frozen spinach  2 000
1.3 Fresh Lettuce (Lactuca sativa L.) (protected and open-grown lettuce) excluding lettuce listed in point 1.4 Harvested 1 October to 31 March: 
lettuce grown under cover 4 500
lettuce grown in the open air 4 000
Harvested 1 April to 30 September: 
lettuce grown under cover 3 500
lettuce grown in the open air 2 500
1.4 Iceberg-type lettuce Lettuce grown under cover 2 500
Lettuce grown in the open air 2 000
1.5 Processed cereal-based foods and baby foods for infants and young children  200
Section 2:Mycotoxins
Foodstuffs Maximum levels (μg/kg)
2.1 Aflatoxins B1 Sum of B1, B2, G1 and G2 M1
2.1.1 Groundnuts to be subjected to sorting, or other physical treatment, before human consumption or use as an ingredient in foodstuffs 8,0 15,0 —
2.1.2 Nuts to be subjected to sorting, or other physical treatment, before human consumption or use as an ingredient in foodstuffs 5,0 10,0 —
2.1.3 Groundnuts and nuts and processed products thereof, intended for direct human consumption or use as an ingredient in foodstuffs 2,0 4,0 —
2.1.4 Dried fruit to be subjected to sorting, or other physical treatment, before human consumption or use as an ingredient in foodstuffs 5,0 10,0 —
2.1.5 Dried fruit and processed products thereof, intended for direct human consumption or use as an ingredient in foodstuffs 2,0 4,0 —
2.1.6 All cereals and all products derived from cereals, including processed cereal products, with the exception of foodstuffs listed in 2.1.7, 2.1.10 and 2.1.12 2,0 4,0 —
2.1.7 Maize to be subjected to sorting or other physical treatment before human consumption or use as an ingredient in foodstuffs 5,0 10,0 —
2.1.8 Raw milk, heat-treated milk and milk for the manufacture of milk-based products — — 0,05
2.1.9 Following species of spices:
 Capsicum spp. (dried fruits thereof, whole or ground, including chillies, chilli powder, cayenne and paprika)
 Piper spp. (fruits thereof, including white and black pepper)
 Myristica fragrans (nutmeg)
 Zingiber officinale (ginger)
 Curcuma longa (turmeric) 5,0 10,0 —
2.1.10 Processed cereal-based foods and baby foods for infants and young children 0,1 — —
2.1.11 Infant formulae and follow-on formulae, including infant milk and follow-on milk — — 0,025
2.1.12 Dietary foods for special medical purposes intended specifically for infants 0,1 — 0,025
2.2 Ochratoxin A 
2.2.1 Unprocessed cereals 5,0
2.2.2 All products derived from unprocessed cereals, including processed cereal products and cereals intended for direct human consumption with the exception of foodstuffs listed in 2.2.9 and 2.2.10 3,0
2.2.3 Dried vine fruit (currants, raisins and sultanas) 10,0
2.2.4 Roasted coffee beans and ground roasted coffee, excluding soluble coffee 5,0
2.2.5 Soluble coffee (instant coffee) 10,0
2.2.6 Wine (including sparkling wine, excluding liqueur wine and wine with an alcoholic strength of not less than 15 % vol) and fruit wine 2,0
2.2.7 Aromatised wine, aromatised wine-based drinks and aromatised wine-product cocktails 2,0
2.2.8 Grape juice, concentrated grape juice as reconstituted, grape nectar, grape must and concentrated grape must as reconstituted, intended for direct human consumption 2,0
2.2.9 Processed cereal-based foods and baby foods for infants and young children 0,5
2.2.10 Dietary foods for special medical purposes intended specifically for infants 0,5
2.2.11 Green coffee, dried fruit other than dried vine fruit, beer, cocoa and cocoa products, liqueur wines, meat products, spices and liquorice —
2.3 Patulin 
2.3.1 Fruit juices, concentrated fruit juices as reconstituted and fruit nectars 50
2.3.2 Spirit drinks, cider and other fermented drinks derived from apples or containing apple juice 50
2.3.3 Solid apple products, including apple compote, apple puree intended for direct consumption with the exception of foodstuffs listed in 2.3.4 and 2.3.5 25
2.3.4 Apple juice and solid apple products, including apple compote and apple puree, for infants and young children and labelled and sold as such 10,0
2.3.5 Baby foods other than processed cereal-based foods for infants and young children 10,0
2.4 Deoxynivalenol 
2.4.1 Unprocessed cereals other than durum wheat, oats and maize 1 250
2.4.2 Unprocessed durum wheat and oats 1 750
2.4.3 Unprocessed maize 1 750
2.4.4 Cereals intended for direct human consumption, cereal flour (including maize flour, maize meal and maize grits), bran as end product marketed for direct human consumption and germ, with the exception of foodstuffs listed in 2.4.7 750
2.4.5 Pasta (dry) 750
2.4.6 Bread (including small bakery wares), pastries, biscuits, cereal snacks and breakfast cereals 500
2.4.7 Processed cereal-based foods and baby foods for infants and young children 200
2.5 Zearalenone 
2.5.1 Unprocessed cereals other than maize 100
2.5.2 Unprocessed maize 200
2.5.3 Cereals intended for direct human consumption, cereal flour, bran as end product marketed for direct human consumption and germ, with the exception of foodstuffs listed in 2.5.4, 2.5.7 and 2.5.8 75
2.5.4 Maize intended for direct human consumption, maize flour, maize meal, maize grits, maize germ and refined maize oil 200
2.5.5 Bread (including small bakery wares), pastries, biscuits, cereal snacks and breakfast cereals, excluding maize snacks and maize based breakfast cereals 50
2.5.6 Maize snacks and maize based breakfast cereals 50
2.5.7 Processed cereal-based foods (excluding processed maize-based foods) and baby foods for infants and young children 20
2.5.8 Processed maize-based foods for infants and young children 20
2.6 Fumonisins Sum of B1 and B2
2.6.1 Unprocessed maize 2 000
2.6.2 Maize flour, maize meal, maize grits, maize germ and refined maize oil 1 000
2.6.3 Maize based foods for direct human consumption, excluding foods listed in 2.6.2 and 2.6.4 400
2.6.4 Processed maize-based foods and baby foods for infants and young children 200
2.7 T-2 and HT-2 toxin Sum of T-2 and HT-2 toxin
2.7.1 Unprocessed cereals and cereal products 
Section 3:Metals
Foodstuffs Maximum levels(mg/kg wet weight)
3.1 Lead 
3.1.1 Raw milk, heat-treated milk and milk for the manufacture of milk-based products 0,02
3.1.2 Infant formulae and follow-on formulae 0,02
3.1.3 Meat (excluding offal) of bovine animals, sheep, pig and poultry 0,1
3.1.4 Offal of bovine animals, sheep, pig and poultry 0,5
3.1.5 Muscle meat of fish 0,3
3.1.6 Crustaceans, excluding brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) 0,5
3.1.7 Bivalve molluscs 1,5
3.1.8 Cephalopods (without viscera) 1,0
3.1.9 Cereals, legumes and pulses 0,2
3.1.10 Vegetables, excluding brassica vegetables, leaf vegetables, fresh herbs and fungi. For potatoes the maximum level applies to peeled potatoes 0,1
3.1.11 Brassica vegetables, leaf vegetables and cultivated fungi 0,3
3.1.12 Fruit, excluding berries and small fruit 0,1
3.1.13 Berries and small fruit 0,2
3.1.14 Fats and oils, including milk fat 0,1
3.1.15 Fruit juices, concentrated fruit juices as reconstituted and fruit nectars 0,05
3.1.16 Wine (including sparkling wine, excluding liqueur wine), cider, perry and fruit wine 0,2
3.1.17 Aromatized wine, aromatized wine-based drinks and aromatized wine-product cocktails 0,2
3.2 Cadmium 
3.2.1 Meat (excluding offal) of bovine animals, sheep, pig and poultry 0,05
3.2.2 Horsemeat, excluding offal 0,2
3.2.3 Liver of bovine animals, sheep, pig, poultry and horse 0,5
3.2.4 Kidney of bovine animals, sheep, pig, poultry and horse 1,0
3.2.5 Muscle meat of fish, excluding species listed in 3.2.6 and 3.2.7 0,05
3.2.6 Muscle meat of the following fish:
 anchovy (Engraulis species)
 bonito (Sarda sarda)
 common two-banded seabream (Diplodus vulgaris)
 eel (Anguilla anguilla)
 grey mullet (Mugil labrosus labrosus)
 horse mackerel or scad (Trachurus species)
 louvar or luvar (Luvarus imperialis)
 sardine (Sardina pilchardus)
 sardinops (Sardinops species)
 tuna (Thunnus species, Euthynnus species, Katsuwonus pelamis)
 wedge sole (Dicologoglossa cuneata) 0,1
3.2.7 Muscle meat of swordfish (Xiphias gladius) 0,3
3.2.8 Crustaceans, excluding brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) 0,5
3.2.9 Bivalve molluscs 1,0
3.2.10 Cephalopods (without viscera) 1,0
3.2.11 Cereals excluding bran, germ, wheat and rice 0,1
3.2.12 Bran, germ, wheat and rice 0,2
3.2.13 Soybeans 0,2
3.2.14 Vegetables and fruit, excluding leaf vegetables, fresh herbs, fungi, stem vegetables, pine nuts, root vegetables and potatoes 0,05
3.2.15 Leaf vegetables, fresh herbs, cultivated fungi and celeriac 0,2
3.2.16 Stem vegetables, root vegetables and potatoes, excluding celeriac. For potatoes the maximum level applies to peeled potatoes 0,1
3.3 Mercury 
3.3.1 Fishery products and muscle meat of fish, excluding species listed in 3.3.2. The maximum level applies to crustaceans, excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) 0,5
3.3.2 Muscle meat of the following fish:
 anglerfish (Lophius species)
 atlantic catfish (Anarhichas lupus)
 bonito (Sarda sarda)
 eel (Anguilla species)
 emperor, orange roughy, rosy soldierfish (Hoplostethus species)
 grenadier (Coryphaenoides rupestris)
 halibut (Hippoglossus hippoglossus)
 marlin (Makaira species)
 megrim (Lepidorhombus species)
 mullet (Mullus species)
 pike (Esox lucius)
 plain bonito (Orcynopsis unicolor)
 poor cod (Tricopterus minutes)
 portuguese dogfish (Centroscymnus coelolepis)
 rays (Raja species)
 redfish (Sebastes marinus, S. mentella, S. viviparus)
 sail fish (Istiophorus platypterus)
 scabbard fish (Lepidopus caudatus, Aphanopus carbo)
 seabream, pandora (Pagellus species)
 shark (all species)
 snake mackerel or butterfish (Lepidocybium flavobrunneum, Ruvettus pretiosus, Gempylus serpens)
 sturgeon (Acipenser species)
 swordfish (Xiphias gladius)
 tuna (Thunnus species, Euthynnus species, Katsuwonus pelamis) 1,0
3.4 Tin (inorganic) 
3.4.1 Canned foods other than beverages 200
3.4.2 Canned beverages, including fruit juices and vegetable juices 100
3.4.3 Canned baby foods and processed cereal-based foods for infants and young children, excluding dried and powdered products 50
3.4.4 Canned infant formulae and follow-on formulae (including infant milk and follow-on milk), excluding dried and powdered products 50
3.4.5 Canned dietary foods for special medical purposes intended specifically for infants, excluding dried and powdered products 50
Section 4:3-monochloropropane-1,2-diol (3-MCPD)
Foodstuffs Maximum levels(μg/kg)
4.1 Hydrolysed vegetable protein 20
4.2 Soy sauce 20
Section 5:Dioxins and PCBs
Foodstuffs Maximum levels
Sum of dioxins (WHO-PCDD/F-TEQ) Sum of dioxins and dioxin-like PCBs (WHO-PCDD/F-PCB-TEQ)
5.1 Meat and meat products (excluding edible offal) of the following animals  

— bovine animals and sheep
 3,0 pg/g fat 4,5 pg/g fat

— poultry
 2,0 pg/g fat 4,0 pg/g fat

— pigs
 1,0 pg/g fat 1,5 pg/g fat
5.2 Liver of terrestrial animals referred to in 5.1, and derived products thereof 6,0 pg/g fat 12,0 pg/g fat
5.3 Muscle meat of fish and fishery products and products thereof, excluding eel. The maximum level applies to crustaceans, excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) 4,0 pg/g wet weight 8,0 pg/g wet weight
5.4 Muscle meat of eel (Anguilla anguilla) and products thereof 4,0 pg/g wet weight 12,0 pg/g wet weight
5.5 Raw milk and dairy products, including butterfat 3,0 pg/g fat 6,0 pg/g fat
5.6 Hen eggs and egg products 3,0 pg/g fat 6,0 pg/g fat
5.7 Fat of the following animals:  

— bovine animals and sheep
 3,0 pg/g fat 4,5 pg/g fat

— poultry
 2,0 pg/g fat 4,0 pg/g fat

— pigs
 1,0 pg/g fat 1,5 pg/g fat
5.8 Mixed animal fats 2,0 pg/g fat 3,0 pg/g fat
5.9 Vegetable oils and fats 0,75 pg/g fat 1,5 pg/g fat
5.10 Marine oils (fish body oil, fish liver oil and oils of other marine organisms intended for human consumption) 2,0 pg/g fat 10,0 pg/g fat
Section 6:Polycyclic aromatic hydrocarbons
Foodstuffs Maximum levels(μg/kg wet weight)
6.1 Benzo(a)pyrene 
6.1.1 Oils and fats (excluding cocoa butter) intended for direct human consumption or use as an ingredient in foods 2,0
6.1.2 Smoked meats and smoked meat products 5,0
6.1.3 Muscle meat of smoked fish and smoked fishery products, excluding bivalve molluscs. The maximum level applies to smoked crustaceans, excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) 5,0
6.1.4 Muscle meat of fish, other than smoked fish 2,0
6.1.5 Crustaceans, cephalopods, other than smoked. The maximum level applies to crustaceans, excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) 5,0
6.1.6 Bivalve molluscs 10,0
6.1.7 Processed cereal-based foods and baby foods for infants and young children 1,0
6.1.8 Infant formulae and follow-on formulae, including infant milk and follow-on milk 1,0
6.1.9 Dietary foods for special medical purposes intended specifically for infants 1,0



































