L 50/8 Official Journal of the European Union 27.2.2010 I (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 165/2010 of 26 February 2010 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards aflatoxins (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 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (2 sets maximum levels for aflatoxin B1 and aflatoxin total (aflatoxin B1 + Gl + B2 + G2) in a range of foodstuffs. (2) It is necessary to amend certain maximum levels for aflatoxins in certain foodstuffs to take into account devel- opments in Codex Alimentarius and new information contained in recent scientific advice. (3)  Codex Alimentarius established a level of 15 pglkg aflatoxin total in almonds, hazelnuts and pistachios intended for further processing and a level of 10 pglkg aflatoxin total in almonds, hazelnuts and pistachios ‘ready-to-eat’ (?). (4 The Scientific Panel on Contaminants in the Food Chain (Contam Panel) of the European Food Safety Authority (") OJ L 37, 13.2.1993, p. 1. () OJ L 364, 20.12.2006, p. 5. () Codex General Standard for Contaminants and toxins in foods (CODEX STAN  193-1995) http:/[www.codexalimentarius.net/ download|standards/17/CXS_193e.pdf (EFSA) adopted on 25 January 2007 an opinion on the potential increase of consumer health risk by a possible increase of the existing maximum levels for aflatoxins in almonds, hazelnuts and pistachios and derived products (. The Contam Panel concluded that changing the maximum levels for total aflatoxins from 4 to 8 or 10 pg/kg in almonds, hazelnuts and pistachios would have minor effects on the estimates of dietary exposure, cancer risk and the calculated margins of exposure (MOEs). The Panel furthermore concluded that exposure to aflatoxins from all sources should be as low as reasonably achievable, because aflatoxins are genotoxic and carcinogenic. The data indicate that reduction of total dietary exposure to aflatoxins could be achieved by reducing the number of highly contaminated foods reaching the market through more effective enforcement and reducing exposure from food sources other than almonds, hazelnuts and pistachios. The Contam Panel adopted on 16 June 2009 a statement on the effects on public health of an increase of the levels for aflatoxin total from 4 pg/kg to 10 pglkg for tree nuts other than almonds, hazelnuts and pistachios (°). The Panel concluded that based on the information which was available in 2007 public health would not be adversely affected by increasing the levels for total aflatoxins from 4 pglkg to 10 pglkg for other tree nuts, including Brazil nuts. Given the current discussions in Codex Alimentarius on the maximum levels for aflatoxins in Brazil nuts, it is appropriate to align the level for aflatoxins in Brazil nuts with the Codex level for almonds, hazelnuts and pistachios. (*) The EFSA Journal (2007) 446, 1-127. http:/[www.efsa.europa.cu/cs/ BlobServer/Scientific_Opinion/ CONTAM%20_op_ej446_aflatoxins_ en.pdf?ssbinary = true Statement of the Scientific Panel on Contaminants in the Food Chain on a request from the European Commission on the effects on public health of an increase of the levels for aflatoxin total from 4 pglkg to 10 pgfkg for tree nuts other than almonds, hazelnuts and pistachios. The EFSA Journal (2009) 1168, 1-11. http://www.efsa. europa.eu/cs/BlobServer/Statement/contam_statement_ej1168_ aflatoxin_other_treenuts_en,0.pdf?ssbinary = true