
Article 1 
Regulation (EC) No 1881/2006 is amended as follows:

((1)) Article 7 is amended as follows:

((a)) The title ‘Temporary derogations’ is replaced by ‘Derogations’;
((b)) paragraph 4 is replaced by the following:
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4. By way of derogation from Article 1, Finland, Sweden and Latvia may authorise the placing on their market of wild caught salmon (Salmo salar) and products thereof originating in the Baltic region and intended for consumption in their territory with levels of dioxins and/or dioxin-like PCBs and/or non-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 wild caught salmon from the Baltic region and products thereof by identified vulnerable sections of the population in order to avoid potential health risks.Finland, Sweden and Latvia shall continue to apply the necessary measures to ensure that wild caught salmon and products thereof not complying with point 5.3 of the Annex are not marketed in other Member States.Finland, Sweden and Latvia will report yearly to the Commission the measures they have taken to effectively inform the identified vulnerable sections of the population of the dietary recommendations and to ensure that wild caught salmon and products thereof not compliant with the maximum levels is not marketed in other Member States. They shall furthermore provide evidence of the effectiveness of these measures.';
((c)) the following paragraph 5 is added:
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5. By way of derogation from Article 1, Finland and Sweden may authorise the placing on their market of wild caught herring larger than 17 cm (Clupea harengus), wild caught char (Salvelinus spp.), wild caught river lamprey (Lampetra fluviatilis) and wild caught trout (Salmo trutta) and products thereof originating in the Baltic region and intended for consumption in their territory with levels of dioxins and/or dioxin-like PCBs and/or non 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 wild caught herring larger than 17 cm, wild caught char, wild caught river lamprey and wild caught trout from the Baltic region and products thereof by identified vulnerable sections of the population in order to avoid potential health risks.Finland and Sweden shall continue to apply the necessary measures to ensure that wild caught herring larger than 17 cm, wild caught char, wild caught river lamprey and wild caught trout and products thereof not complying with point 5.3 of the Annex are not marketed in other Member States.Finland and Sweden will report yearly to the Commission the measures they have taken to effectively inform the identified vulnerable sections of the population of the dietary recommendations and to ensure that fish and products thereof not compliant with the maximum levels is not marketed in other Member States. They shall furthermore provide evidence of the effectiveness of these measures.';
((2)) the Annex is amended in accordance with the Annex to this Regulation.
Article 2 
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 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 2 December 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX

Section 5: Dioxins and PCBs of the Annex to Regulation (EC) No 1881/2006 is amended as follows:

((a)) Section 5: Dioxins and PCBs is replaced by the following:
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Section 5:Foodstuffs Maximum levels
Sum of dioxins (WHO-PCDD/F-TEQ) (32) Sum of dioxins and dioxin-like PCBS (WHO-PCDD/F-PCB-TEQ) (32) Sum of PCB28, PCB52, PCB101, PCB138, PCB153 and PCB180 (ICES – 6) (32)
5.1 Meat and meat products (excluding edible offal) of the following animals (6):   

— bovine animals and sheep
 2,5 pg/g fat (33) 4,0 pg/g fat (33) 40 ng/g fat (33)

— poultry
 1,75 pg/g fat (33) 3,0 pg/g fat (33) 40 ng/g fat (33)

— pigs
 1,0 pg/g fat (33) 1,25 pg/g fat (33) 40 ng/g fat (33)
5.2 Liver of terrestrial animals referred to in 5.1 (6), and derived products thereof, 4,5 pg/g fat (33) 10,0 pg/g fat (33) 40 ng/g fat (33)
5.3 Muscle meat of fish and fishery products and products thereof (25) (34), with the exemption of:
— wild caught eel
— wild caught fresh water fish, with the exception of diadromous fish species caught in fresh water
— fish liver and derived products
— marine oilsThe maximum level for crustaceans applies to muscle meat from appendages and abdomen (44). In case of crabs and crab-like crustaceans (Brachyura and Anomura) it applies to muscle meat from appendages. 3,5 pg/g wet weight 6,5 pg/g wet weight 75 ng/g wet weight
5.4 Muscle meat of wild caught fresh water fish, with the exception of diadromous fish species caught in fresh water, and products thereof (25) 3,5 pg/g wet weight 6,5 pg/g wet weight 125 ng/g wet weight
5.5 Muscle meat of wild caught eel (Anguilla anguilla) and products thereof 3,5 pg/g wet weight 10,0 pg/g wet weight 300 ng/g wet weight
5.6 Fish liver and derived products thereof with the exception of marine oils referred to in point 5.7 — 20,0 pg/g wet weight (38) 200 ng/g wet weight (38)
5.7 Marine oils (fish body oil, fish liver oil and oils of other marine organisms intended for human consumption) 1,75 pg/g fat 6,0 pg/g fat 200 ng/g fat
5.8 Raw milk (6) and dairy products (6), including butter fat 2,5 pg/g fat (33) 5,5 pg/g fat (33) 40 ng/g fat (33)
5.9 Hen eggs and egg products (6) 2,5 pg/g fat (33) 5,0 pg/g fat (33) 40 ng/g fat (33)
5.10 Fat of the following animals:   

— bovine animals and sheep
 2,5 pg/g fat 4,0 pg/g fat 40 ng/g fat

— poultry
 1,75 pg/g fat 3,0 pg/g fat 40 ng/g fat

— pigs
 1,0 pg/g fat 1,25 pg/g fat 40 ng/g fat
5.11 Mixed animal fats 1,5 pg/g fat 2,50 pg/g fat 40 ng/g fat
5.12 Vegetable oils and fats 0,75 pg/g fat 1,25 pg/g fat 40 ng/g fat
5.13 Foods for infants and young children (4) 0,1 pg/g wet weight 0,2 pg/g wet weight 1,0 ng/g wet weight'
((b)) footnote 31 is replaced by the following:
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(31) Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed as World Health Organisation (WHO) toxic equivalent using the WHO-toxic equivalency factors (WHO-TEFs)) and sum of dioxins and dioxin-like PCBs (sum of PCDDs, PCDFs and polychlorinated biphenyls (PCBs), expressed as WHO toxic equivalent using the WHO-TEFs). WHO-TEFs for human risk assessment based on the conclusions of the World Health Organization (WHO) – International Programme on Chemical Safety (IPCS) expert meeting which was held in Geneva in June 2005 (Martin van den Berg et al., The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds. Toxicological Sciences 93(2), 223–241 (2006))

Congener TEF value
Dibenzo-p-dioxins (‘PCDDs’)
2,3,7,8-TCDD 1
1,2,3,7,8-PeCDD 1
1,2,3,4,7,8-HxCDD 0,1
1,2,3,6,7,8-HxCDD 0,1
1,2,3,7,8,9-HxCDD 0,1
1,2,3,4,6,7,8-HpCDD 0,01
OCDD 0,0003
Dibenzofurans (‘PCDFs’)
2,3,7,8-TCDF 0,1
1,2,3,7,8-PeCDF 0,03
2,3,4,7,8-PeCDF 0,3
1,2,3,4,7,8-HxCDF 0,1
1,2,3,6,7,8-HxCDF 0,1
1,2,3,7,8,9-HxCDF 0,1
2,3,4,6,7,8-HxCDF 0,1
1,2,3,4,6,7,8-HpCDF 0,01
1,2,3,4,7,8,9-HpCDF 0,01
OCDF 0,0003
“Dioxin-like” PCBs Non-ortho PCBs + Mono-ortho PCBs
Non-ortho PCBs
PCB 77 0,0001
PCB 81 0,0003
PCB 126 0,1
PCB 169 0,03
Mono-ortho PCBs
PCB 105 0,00003
PCB 114 0,00003
PCB 118 0,00003
PCB 123 0,00003
PCB 156 0,00003
PCB 157 0,00003
PCB 167 0,00003
PCB 189 0,00003
Abbreviations used: “T” = tetra; “Pe” = penta; “Hx” = hexa; “Hp” = hepta; “O” = octa; “CDD” = chlorodibenzodioxin; “CDF” = chlorodibenzofuran; “CB” = chlorobiphenyl.'
((c)) footnote 33 is replaced by the following:
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(33) 
Maximum level expressed on product basis for foods containing less than 2 % fat = maximum level expressed on fat for that food x 0,02
'.
