EN   EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
SANTE/10478/2020 (POOL/E2/2020/10478/10478-EN.docx)  
D067815/03 
[…](2020) XXX  draft 
 
COMMISSION REGULATION (EU) …/… 
of XXX  
amending Regulation (EC) No 1881/2006 as regards maximum levels  of acrylamide in 
certain foodstuffs  for in fants and young children 
(Text with EEA relevance) 
 EN 1  EN COMMISSION REGULATION (EU) …/… 
of XXX  
amending Regulation (EC) No 1881/ 2006 as regards maximum levels  of acrylamide in 
certain foodstuffs  for infants and young children 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the  Functioning of the European Union, 
Having regard to Council Regulat ion (EEC) No 315/93 of 8 Februa ry 1993 laying down 
Community procedures for  contaminants in food1, 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) In 2015, the Scientific Panel on Contaminants in the Food Chain  (CONTAM) of the 
European Food Safety Authority (‘the Authority’) adopted the sc ientific opinion on 
acrylamide in food3. Based on animal studies, the Authority confirmed previous 
evaluations that acrylamide in food potentially increases the r isk of developing cancer 
for consumers in all age groups. Since acrylamide is present in  a wide range of 
everyday foods, this concern applies to all consumers. The curr ent levels of dietary 
exposure to acrylamide across ag e groups indicate a concern wit h respect to its 
carcinogenic effects but children are the most exposed age grou p on a body weight 
basis. 
(3) It is therefore important that the levels of acrylamide in food  are as low as reasonably 
achievable by applying mitigati on measures by a ll food business  operators.   
(4) Commission Regulation (EU) 2017/21584 provides an obligation for food business 
operators to apply mitigation measures and carry out certain ac tivities to reduce the 
levels of acrylamide in certain foodstuffs. It concerns foodstu ffs where raw materials, 
such as cereals, potatoes and co ffee beans contain the precurso rs asparagine and sugars 
which result in the formation of acrylamide when prepared at te mperatures typically 
higher than 120 °C and low moisture.  Benchmark levels were set  to verify through 
sampling and analysis the effectiv eness of the mitigation measu res. Recital 15 of 
Regulation (EU) 2017/2158 indicates  that complementary to those  mitigation 
measures, the setting of maximum levels for acrylamide in certa in foods is also to be 
considered. Given the possible health concern, in particular fo r infants and young 
children and since mitigation measures are available to achieve  l o w  l e v e l s  o f  
acrylamide, it is appropriate to establish maximum levels for t he foods for infants and 
 
1 OJ L 37, 13.2.1993, p. 1.  
2 Commission Regulation (EC) No 1881/2006 of 19 December 2006 se tting maximum levels for certain 
contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).  
3 EFSA Journal 2015;13(6):4104. 
4 Commission Regulation (EU) 2017/2158 of 20 November 2017 estab lishing mitigation measures and 
benchmark levels for the reduction of the presence of acrylamid e in food (OJ L 304, 21.11.2017, p. 24). EN 2  EN young children covered by Regulat ion (EU) 2017/2158. The maximu m levels are set 
at a strict level, that is ach ievable by applying all possible mitigation measures and 
that provides a high level  of human health protection.  
(5) Regulation (EC) No 1881/2006 should therefore be amended accord ingly. 
(6) Even if the obligation to apply mitigation measures and carry o ut certain activities to 
reduce the levels of acrylamide in certain foodstuffs is alread y laid down in 
Commission Regulation (EU) 2017/ 2158, it is appropriate to allo w to food business 
operators some time to put, if n ecessary, in application additi onal mitigation measures 
to adapt to the new requirements set out in this Regulation. Th e date of application of 
this Regulation should therefore be deferred. In order to allow  for a smooth transition, 
foodstuffs lawfully placed on the market before the date of app lication of this 
Regulation should be allowed to r emain on the market for a shor t period of time. 
(7) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing Committee on Plan ts, Animals, Food and Feed, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Annex to Regulation (EC) No 1881/2006 is amended in accorda nce with the Annex to 
this Regulation. 
Article 2 
Foodstuffs listed in the Annex that were lawfully placed on the  market before 1 January 2021 
may remain on the m arket until 1 July 2021.   
Article 3 
This Regulation shall enter into force on the twentieth day fol lowing that of its publication in 
the Official Journal of  the European Union. 
It shall apply fro m 1 January 2021. 
This Regulation shall be binding i n its entirety and directly a pplicable in all Member States. 
Done at Brussels, 
 For the Commission 
 The President  Ursula VON DER LEYEN  