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            RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY         

No 144/06/COL

of 11 May 2006         

on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (EEA), and in particular Article 109 and Protocol 1 thereof,

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,

Having regard to the Act referred to at point 33 of Chapter II of Annex I to the EEA Agreement (Council Directive 2002/32/EC of 7 May 2002 on undesirable substances in animal feed(1) as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,

Having regard to Act referred to at point 54zn of Chapter XII of Annex II to the EEA Agreement (Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(2) as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,

Having regard to the EFTA Surveillance Authority Decision 84/06/COL of 6 April 2006, whereby the competent Member of the College is instructed to adopt the Recommendation if the draft Recommendation is in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee and the EFTA Foodstuffs Committee,

Whereas:

HEREBY RECOMMENDS:

Done at Brussels, 11 May 2006.

For the EFTA Surveillance Authority

Kristján Andri STEFÁNSSON            

College Member

Niels FENGER            

Director

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(1)OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).

(2)OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).

(3)OJ L 321, 22.10.2004, p. 45.

(4)OJ L 265, 08.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the Européan parliament and of the Council (OJ L 234, 1. 9. 2001, p. 55).

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ANNEX

Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)), and dioxin-like PCBs (sum of polychlorinated biphenyls, expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)).

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(1)  Upperbound concentrations: upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.

(2)  The action levels are not applicable for food products containing < 1 % fat.

(3)  Where fish are intended to be eaten whole, the action level shall apply to the whole fish.

(4)  When the action level is exceeded, it will be in some cases not necessary to perform an investigation as regards the source of contamination as the background level in some areas for some fish species is close to or exceeding the action level. However it is appropriate in these cases where the action level is exceeded to record all information such as sampling period, geographic origin and fish species in view of future measures as regards the presence of dioxins and dioxin-like compounds in fish and fishery products.

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