L75/18 Official Journal of the European Communities 16.3.2002 COMMISSION REGULATION (EC) No 472/2002 of 12 March 2002 amending 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 ('), and in particular Article 2(3) thereof, After consulting the Scientific Committee for Food (SCF), Whereas: 1) Regulation (EEC) No 315/93 provides that maximum levels must be set for contaminants in foodstuffs in order to protect public health. Commission Regulation (EC) No 466/2001 (3, as last amended by Regulation (EC) No 257/2002 (}), sets maximum levels for certain contaminants in foodstuffs to apply from 5 April 2002. Some Member States have adopted, or plan to adopt, maximum levels for aflatoxins in spices and maximum levels for ochratoxin A in certain foodstuffs. In view of the disparities between Member States and the conse- quent risk of distortion of competition, Community measures are necessary in order to ensure market unity while abiding by the principle of proportionality. Aflatoxins, in particular aflatoxin B1, are genotoxic carcinogenic substances. For substances of this type there is no threshold below which no harmful effect is observed and therefore no admissible daily intake can be set. Current scientific and technical knowledge and improvements in production and storage techniques do not prevent the development of these moulds and consequently do not enable the presence of the afla- toxins in spices to be eliminated entirely. Limits should therefore be set which are as low as reasonably achiev- able. The results of a coordinated control programme, performed by the Member States in accordance with Commission Recommendation 97/77/EC of 8 January 1997 concerning a coordinated programme for the offi- cial control of foodstuffs for 1997 (*) have become avail- 7, 13.2.1993, p. 1. 7, 16.3.2001, p. 1. 1, 13.2.2002, p. 12. 2, 24.1.1997, p. 27. (10) able since the maximum levels for aflatoxins in other foodstuffs were established. They show that several species of spices contain a high level of aflatoxins. It is therefore appropriate to establish maximum limits for the species of spices which are used in large quantity and which have a high incidence of contamination. The maximum limits should be reviewed and, if neces- sary, reduced before 31 December 2003 taking into account possibilities to reduce aflatoxin contamination in spices by improvements in production, harvesting and storage methods and the progress of scientific and tech- nological knowledge. Ochratoxin A is a mycotoxin produced by several fungi (Penicillium and Aspergillus species). It occurs naturally in a variety of plant products, such as cereals, coffee beans, cocoa beans, and dried fruit, all over the world. It has been detected in products such as cereal products, coffee, wine, beer, spices and grape juice but also in products of animal origin, namely pig kidneys. Investiga- tions of the frequency and levels of occurrence of ochra- toxin A in food and human blood samples indicate that foodstuffs are frequently contaminated. Ochratoxin A is a mycotoxin with carcinogenic, nephro- toxic, teratogenic, immunotoxic and possibly neurotoxic properties. It has been linked to nephropathy in humans. Ochratoxin A may have a long half-life in humans. The Scientific Committee for Food considered in its opinion on ochratoxin A of 17 September 1998 that it would be prudent to reduce exposure to ochratoxin A as much as possible, ensuring that exposures are towards the lower end of the range of tolerable daily intakes of 1,2-14 nglkg bw/day which have been estimated by other bodies, e.g. below 5 ng/kg bwj/day. With current scientific and technical knowledge, and despite improvements in production and storage tech- niques, it is not possible to prevent the development of these moulds altogether. Consequently ochratoxin A cannot be eliminated from food entirely. Limits should therefore be set which are as low as reasonably achiev- able.