L 215/4 Official Journal of the European Union 20.8.2011 COMMISSION REGULATION (EU) No 835/2011 of 19 August 2011 amending Regulation (EC) No 1881/2006 as regards maximum levels for polycyclic aromatic hydrocarbons in foodstuffs (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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, Whereas: (1) ~ Commission Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs (?) sets maximum levels for benzo(a)pyrene in a range of foodstuffs. (2)  Benzo(a)pyrene belongs to the group of polycyclic aromatic hydrocarbons (PAH) and is used as a marker for the occurrence and effect of carcinogenic PAH in food based on a scientific opinion of the former Scientific Committee on Food (SCF) (%). In its opinion of December 2002, the SCF recommended that further analyses of the relative proportions of these PAH in foods would be necessary for a future review of the suitability of maintaining benzo(a)pyrene as a marker. (3) New data on occurrence of carcinogenic PAH in foodstuffs have been collected by the Member States in the framework of Commission Recommendation 2005/108/EC (). The Commission asked the European Food Safety Authority (EFSA) to review the SCF opinion taking into account the new occurrence data, other relevant new scientific information as well as the Margin of Exposure (MOE) approach. Within this review, EFSA was asked to re-assess the suitability of maintaining benzo(a)pyrene as a marker. (4 The Scientific Panel on Contaminants in the Food Chain (CONTAM Panel) of EFSA adopted an opinion on Poly- () OJ L 37, 13.2.1993, p. 1. () O] L 364, 20.12.2006, p. 5. (®) Opinion of the Scientific Committee on Food on the risks to human health of Polycyclic Aromatic Hydrocarbons in food (expressed on 4 December 2002). http://ec.europa.eu/food/fs[sc/scflout153_en.pdf (%) OJ L 34, 8.2.2005, p. 43. cyclic Aromatic Hydrocarbons in Food on 9 June 2008 (°). In this opinion EFSA concluded that benzo(a)pyrene is not a suitable marker for the occurrence of polycyclic aromatic hydrocarbons in food and that a system of four specific substances (PAH4 (%)) or eight specific substances (PAHS8 (7)) would be the most suitable indicators of PAH in food. EFSA also concluded that a system of eight substances (PAH8) would not provide much added value compared to a system of four substances (PAH4). (5) Furthermore, the CONTAM Panel concluded, using the Margin of Exposure (MOE) approach, that there is low concern for consumer health at the average estimated dietary exposures. However, for high level consumers the MOEs were close to or less than 10 000, which indicates a potential concern for consumer health. (6)  Based on the conclusions of EFSA, the current system of using benzo(a)pyrene as the only marker for the group of polycyclic aromatic hydrocarbons, can not be main- tained. An amendment of Regulation (EC) No 1881/2006 is therefore necessary. (7)  New maximum levels for the sum of four substances (PAH4) (benzo(a)pyrene, benz(a)anthracene, benzo(b)fluoranthene  and  chrysene)  should  be introduced, whilst maintaining a separate maximum level for benzo(a)pyrene. (8)  Such system would ensure that PAH levels in food are kept at levels that do not cause health concern and that the amount of PAH can also be controlled in those samples in which benzo(a)pyrene is not detectable, but where other PAH are present. (9)  The separate maximum level for benzo(a)pyrene is main- tained to ensure comparability of previous and future data. After a certain time of implementation of this amendment and on basis of new data that will be generated in future, the need for retaining a separate maximum level for benzo(a) pyrene should be re- assessed. () The EFSA Journal (2008) 724, 1-114. (%) Benzo(a)pyrene, Chrysene, Benz(a)anthracene, benzo(b)fluoranthene. (’) Benzo(a)pyrene, Chrysene, Benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(gh,iperylene, dibenz(ah)anthracene and indeno(1,2,3-c,d)pyrene.