# L_2004321EN.01004501.xml

| 22.10.2004 | EN | Official Journal of the European Union | L 321/45 |
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22.10.2004

EN

Official Journal of the European Union

L 321/45

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COMMISSION RECOMMENDATION

of 11 October 2004

on the monitoring of background levels of dioxins and dioxin-like PCBs in foodstuffs

(notified under document number C(2004) 3462)

(Text with EEA relevance)

(2004/705/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (1), establishes maximum levels for dioxins in foodstuffs. |
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(1)

Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (1), establishes maximum levels for dioxins in foodstuffs.

| (2) | Although, from a toxicological point of view, the maximum level should include dioxins, furans and dioxin-like PCBs, maximum levels have been set only for dioxins and furans and not for dioxin-like PCBs, given the very limited data available on the prevalence of the latter. The aforementioned Regulation provides for a review of the maximum levels for the first time, by 31 December 2004 at the latest, in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set. |
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(2)

Although, from a toxicological point of view, the maximum level should include dioxins, furans and dioxin-like PCBs, maximum levels have been set only for dioxins and furans and not for dioxin-like PCBs, given the very limited data available on the prevalence of the latter. The aforementioned Regulation provides for a review of the maximum levels for the first time, by 31 December 2004 at the latest, in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set.

| (3) | Regulation (EC) No 466/2001 provides for a further review of the maximum levels for dioxins and dioxin-like PCBs by 31 December 2006 at the latest with the aim of significantly reducing the maximum levels. |
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(3)

Regulation (EC) No 466/2001 provides for a further review of the maximum levels for dioxins and dioxin-like PCBs by 31 December 2006 at the latest with the aim of significantly reducing the maximum levels.

| (4) | It is necessary to generate reliable data across the European Community on the presence of dioxins, furans and dioxin-like PCBs in the widest range of foodstuffs in order to have a clear picture of the time trends in background presence of these substances in foodstuffs. |
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(4)

It is necessary to generate reliable data across the European Community on the presence of dioxins, furans and dioxin-like PCBs in the widest range of foodstuffs in order to have a clear picture of the time trends in background presence of these substances in foodstuffs.

| (5) | The relationship between the presence of dioxins, furans, dioxin-like PCBs and non-dioxin-like PCBs is important but to a certain extent unknown. It is therefore appropriate to analyse the selected samples also for non-dioxin-like PCBs where possible. |
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(5)

The relationship between the presence of dioxins, furans, dioxin-like PCBs and non-dioxin-like PCBs is important but to a certain extent unknown. It is therefore appropriate to analyse the selected samples also for non-dioxin-like PCBs where possible.

| (6) | Commission Recommendation 2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (2), recommends that Member States perform random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs, proportionate to their production and consumption of foodstuffs. This monitoring should be carried out following detailed guidelines established by the Standing Committee on the Food Chain and Animal Health. These guidelines should contain, in order to ensure a high degree of uniformity across the European Community, provisions, inter alia, concerning the minimum frequency and the format of reporting of the results. |
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(6)

Commission Recommendation 2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (2), recommends that Member States perform random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs, proportionate to their production and consumption of foodstuffs. This monitoring should be carried out following detailed guidelines established by the Standing Committee on the Food Chain and Animal Health. These guidelines should contain, in order to ensure a high degree of uniformity across the European Community, provisions, inter alia, concerning the minimum frequency and the format of reporting of the results.

| (7) | It is important that these data are reported on a regular basis to the Commission. The Commission will ensure the compilation of these data into a database which will be publicly available for consultation. |
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(7)

It is important that these data are reported on a regular basis to the Commission. The Commission will ensure the compilation of these data into a database which will be publicly available for consultation.

| (8) | The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined the European Community on 1 May 2004. It is appropriate that the new Member States participate in the monitoring programme as soon as possible. It is however acknowledged that it is appropriate to provide a transitional arrangement for the new Member States and that for the time being no detailed minimum frequency for the random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs is recommended for the new Member States, |
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(8)

The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined the European Community on 1 May 2004. It is appropriate that the new Member States participate in the monitoring programme as soon as possible. It is however acknowledged that it is appropriate to provide a transitional arrangement for the new Member States and that for the time being no detailed minimum frequency for the random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs is recommended for the new Member States,

HEREBY RECOMMENDS:

| 1. | That Member States perform, from the year 2004 onwards until 31 December 2006, the monitoring of the background presence of dioxins, furans and dioxin-like PCBs in foodstuffs using the recommended minimum frequency of samples to be analysed yearly, as foreseen in the table of Annex I as guidance. The frequency of the samples should be reviewed each year in the light of the experience gained. |
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1.

| 2. | That the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia participate as soon as possible in the monitoring programme on the presence of dioxins, furans and dioxin-like PCBs in foodstuffs. The frequency of the samples to be analysed yearly by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia will be established from the year 2005 onwards. |
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2.

| 3. | That Member States provide, on a regular basis to the Commission, the monitoring data with the information and in the format as provided for in Annex II for compilation into one database. It is appropriate that data from recent years obtained by making use of a method of analysis complying with the requirements laid down by Commission Directive 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (3) and reflecting background levels are also provided. |
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3.

| 4. | That Member States, if possible, also perform the analysis on non-dioxin-like PCBs in the same samples. |
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4.

Done at Brussels, 11 October 2004.

For the Commission

David BYRNE

Member of the Commission

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(1)  
  OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 684/2004 (OJ L 106, 15.4.2004, p. 6).

1

(2)  
  OJ L 67, 9.3.2002, p. 69.

2

(3)  
  OJ L 209, 6.8.2002, p. 5. Directive as amended by Directive 2004/44/EC (OJ L 113, 20.4.2004, p. 17).

3

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ANNEX I

Table: Overview of the recommended minimum number of food samples to analyse yearly. Distribution of samples is based on production in each country. Particular attention is paid to foodstuffs expected to have a large variation in background levels of dioxins, furans and dioxin-like PCBs. This is particularly the case for fish.

| Country (*1) | N (1) | Meat and meat products (2) | Fish and fishery products (3) | Milk and milk products (4) | Eggs (5) | Oils and fats (6) | Fruit, vegetables and cereals (7) |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Beef | Pigs | Sheep | Poultry | Liver | Fish | Aquaculture products | Milk | Butter/cheese/ yoghurt | Cage eggs | Free-range eggs | Animal | Vegetable | Fish oils/ food supplements | Vegetables | Fruit | Cereals |
| Belgium | 53 | 4 | 4 | 2 | 4 | 3 | 3 | 3 | 3 | 4 | 3 | 3 | 3 | 4 | 3 | 3 | 2 | 2 |
| Denmark | 66 | 3 | 5 | 2 | 3 | 3 | 15 | 5 | 3 | 3 | 3 | 3 | 2 | 3 | 6 | 3 | 2 | 2 |
| Germany | 147 | 13 | 13 | 3 | 6 | 7 | 7 | 5 | 14 | 14 | 10 | 11 | 12 | 14 | 4 | 4 | 2 | 8 |
| Greece | 55 | 2 | 2 | 7 | 3 | 2 | 4 | 7 | 3 | 3 | 3 | 3 | 2 | 3 | 3 | 4 | 2 | 2 |
| Spain | 151 | 7 | 9 | 11 | 7 | 6 | 33 | 16 | 3 | 3 | 7 | 7 | 4 | 10 | 5 | 9 | 10 | 4 |
| France | 168 | 14 | 8 | 5 | 15 | 11 | 18 | 16 | 12 | 14 | 12 | 6 | 6 | 6 | 3 | 6 | 4 | 12 |
| Ireland | 61 | 7 | 3 | 3 | 3 | 3 | 9 | 3 | 3 | 5 | 3 | 3 | 2 | 3 | 4 | 3 | 2 | 2 |
| Italy | 126 | 10 | 5 | 5 | 8 | 5 | 8 | 14 | 6 | 3 | 8 | 15 | 3 | 7 | 3 | 12 | 10 | 4 |
| Luxembourg | 30 | 2 | 2 | 1 | 2 | 1 | 3 | 1 | 3 | 3 | 3 | 2 | 1 | 1 | 2 | 1 | 1 | 1 |
| Netherlands | 88 | 6 | 6 | 3 | 6 | 4 | 14 | 7 | 5 | 6 | 7 | 3 | 3 | 7 | 3 | 4 | 2 | 2 |
| Austria | 52 | 4 | 4 | 2 | 3 | 2 | 3 | 3 | 3 | 3 | 3 | 7 | 2 | 3 | 3 | 3 | 2 | 2 |
| Portugal | 51 | 3 | 3 | 3 | 4 | 2 | 6 | 3 | 3 | 3 | 3 | 3 | 2 | 3 | 3 | 3 | 2 | 2 |
| Finland | 45 | 3 | 3 | 2 | 2 | 1 | 4 | 3 | 3 | 3 | 3 | 3 | 2 | 3 | 3 | 3 | 2 | 2 |
| Sweden | 54 | 3 | 3 | 2 | 3 | 2 | 10 | 3 | 3 | 3 | 3 | 3 | 2 | 3 | 4 | 3 | 2 | 2 |
| United Kingdom | 113 | 7 | 4 | 10 | 10 | 4 | 24 | 12 | 7 | 4 | 7 | 3 | 3 | 5 | 4 | 3 | 2 | 4 |
| Total EU | 1 260 | 88 | 74 | 59 | 79 | 56 | 161 | 101 | 74 | 74 | 78 | 75 | 49 | 75 | 53 | 64 | 47 | 53 |
| Iceland | 67 | 2 | 2 | 1 | 2 | 1 | 29 | 2 | 3 | 3 | 3 | 2 | 1 | 1 | 12 | 1 | 1 | 1 |
| Norway | 125 | 3 | 3 | 2 | 3 | 3 | 46 | 28 | 3 | 3 | 3 | 3 | 3 | 3 | 10 | 3 | 3 | 3 |
| Total EEA | 1 452 | 93 | 79 | 62 | 84 | 60 | 236 | 131 | 80 | 80 | 84 | 80 | 53 | 79 | 75 | 68 | 51 | 57 |
| Remarks on the table

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   ()


   ()


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   () |

Country (*1)

N (1)

Meat and meat products (2)

Fish and fishery products (3)

Milk and milk products (4)

Eggs (5)

Oils and fats (6)

Fruit, vegetables and cereals (7)

Beef

Pigs

Sheep

Poultry

Liver

Fish

Aquaculture products

Milk

Butter/cheese/ yoghurt

Cage eggs

Free-range eggs

Animal

Vegetable

Fish oils/ food supplements

Vegetables

Fruit

Cereals

Belgium

53

4

4

2

4

3

3

3

3

4

3

3

3

4

3

3

2

2

Denmark

66

3

5

2

3

3

15

5

3

3

3

3

2

3

6

3

2

2

Germany

147

13

13

3

6

7

7

5

14

14

10

11

12

14

4

4

2

8

Greece

55

2

2

7

3

2

4

7

3

3

3

3

2

3

3

4

2

2

Spain

151

7

9

11

7

6

33

16

3

3

7

7

4

10

5

9

10

4

France

168

14

8

5

15

11

18

16

12

14

12

6

6

6

3

6

4

12

Ireland

61

7

3

3

3

3

9

3

3

5

3

3

2

3

4

3

2

2

Italy

126

10

5

5

8

5

8

14

6

3

8

15

3

7

3

12

10

4

Luxembourg

30

2

2

1

2

1

3

1

3

3

3

2

1

1

2

1

1

1

Netherlands

88

6

6

3

6

4

14

7

5

6

7

3

3

7

3

4

2

2

Austria

52

4

4

2

3

2

3

3

3

3

3

7

2

3

3

3

2

2

Portugal

51

3

3

3

4

2

6

3

3

3

3

3

2

3

3

3

2

2

Finland

45

3

3

2

2

1

4

3

3

3

3

3

2

3

3

3

2

2

Sweden

54

3

3

2

3

2

10

3

3

3

3

3

2

3

4

3

2

2

United Kingdom

113

7

4

10

10

4

24

12

7

4

7

3

3

5

4

3

2

4

Total EU

1 260

88

74

59

79

56

161

101

74

74

78

75

49

75

53

64

47

53

Iceland

67

2

2

1

2

1

29

2

3

3

3

2

1

1

12

1

1

1

Norway

125

3

3

2

3

3

46

28

3

3

3

3

3

3

10

3

3

3

Total EEA

1 452

93

79

62

84

60

236

131

80

80

84

80

53

79

75

68

51

57

Remarks on the table

()

()

()

()

()

()

()

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(*1)  The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined the European Community on 1 May 2004. It is appropriate that the new Member States participate in the monitoring programme as soon as possible. It is however acknowledged that it is appropriate to provide a transitional arrangement for these new Member States and therefore no detailed minimum frequency for the random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs is recommended for these countries.

(1)  The figures mentioned in the table are minimum figures. Member States are invited to take more samples. The additional samples should be preferably taken from the categories of foodstuffs contributing significantly to the exposure: i.e. meat and meat products, fish and dairy products (farm milk).

(2)  
  Meat and meat products: in addition to the mentioned categories, a number of samples should be taken from horsemeat, goatmeat, rabbitmeat and, to a limited extent, game.

(3)  
  Fish and fishery products: the samples for wild fish and aquaculture should be divided over the species proportionate to the catch or production (for aquaculture). As guidance, the species-specific data on catch and production of fish and fishery products available in the brochure ‘Facts and figures on the CFP – basic data on the Common Fisheries Policy’, European Communities, 2004 can be used.

Using these data following numbers of samples to be taken for different fish species and fishery products can be given as guidance

Catches for Member States ≥ 10 samples recommended

Denmark: 15 samples
  Image 1
  4 herring, 4 blue mussel, 7 other

Spain: 33 samples
  Image 2
  7 skipjack tuna, 4 pilchard, 5 yellowfin tuna, 2 horse mackerel, 2 short-fin squid, 13 other

France: 18 samples
  Image 3
  3 skipjack tuna, 3 yellowfin tuna, 2 pilchard, 2 saithe, 2 herring, 6 other

Netherlands: 14 samples
  Image 4
  4 sardinellas, 2 horse mackerel, 3 herring, 2 mackerel and 3 other

Sweden: 10 samples
  Image 5
  5 herring, 4 sprat and 1 cod

United Kingdom: 24 samples
  Image 6
  6 mackerel, 4 herring, 3 haddock, 2 cod and 9 other

Aquaculture products for Member States ≥ 5 samples recommended

Denmark: 5 samples
  Image 7
  4 trout and 1 eel

Germany: 5 samples
  Image 8
  2 mussels, 2 trout and 1 carp

Greece: 7 samples
  Image 9
  3 seabream, 2 seabass, 1 mussels and 1 other

Spain: 16 samples
  Image 10
  8 mussels, 3 trout, 1 seabream, 1 oyster, 1 tuna and 2 other

France: 16 samples
  Image 11
  8 oysters, 4 mussels, 3 trout and 1 carp

Italy: 14 samples
  Image 12
  6 mussels, 3 clam, 3 trout, 1 seabass, 1 seabream

Netherlands: 7 samples
  Image 13
  4 mussels, 1 eel, 1 oyster and 1 catfish

United Kingdom: 12 samples
  Image 14
  9 salmon, 2 trout and 1 mussel

(4)  
  Milk and milk products: at least four fifths of the milk samples should be taken from farm milk (mainly cow’s milk). It is also appropriate to take some additional samples of milk and milk products other than cow’s milk (goat milk etc.).

(5)  
  Eggs: in addition to hen eggs, eggs of ducks, geese and quail should also be sampled.

(6)  
  Oils and fats: it is appropriate that in addition to fish oil, also food supplements on the basis of fish oil (fish body oils and fish liver oils) are sampled.

(7)  
  Vegetables: mainly leafy vegetables but also potatoes and other root and tuber vegetables.

Fruit: including berries and strawberries.

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ANNEX II

A.   Explanatory notes to the form for analytical results of dioxins, furans and dioxin-like PCBs and other PCBs in food

1.   General information about the samples analysed

Country: name of the Member State where the monitoring has been carried out

Year: the year the monitoring was carried out

Product: food item analysed — describe the food item as precise as possible

Stage of marketing: place where the product (sample) was collected

Tissue: part of product analysed, for example, fat or muscle

Expression of results: the results are to be expressed on the basis on which the maximum levels have been established (Council Regulation (EC) No 2375/2001). In case of the analysis of non-dioxin-like PCBs, it is highly recommended to express the levels on the same basis.

Type of sampling: random sampling — analytical results from targeted sampling can also be reported but it must be clearly indicated that the sampling was targeted and does not necessarily reflect normal background levels

Methods: refer to the method used

Accredited: specify if the analytical method is accredited or not

Uncertainty (%): the percentage of the measurement uncertainty embodied in the analytical method.

2.   Specific information about the samples analysed

Sample No: number of samples of same kind of product analysed. If you have results of more samples than there are marked columns, just add new columns with the number at the end of the form.

Method of production: conventional/organic (as detailed as possible)

Area: insofar as relevant, district or region where the sample was collected, if possible with indication if it concerns rural area, urban area, industrial zone, harbour, open sea, etc. For example, Brussels — urban area, Mediterranean — open sea.

Number of subsamples: if the analysed sample is a pooled sample, the number of subsamples (number of individuals) should be notified. If the analytical result is just based on one sample, one should be notified. Number of subsamples in a pooled sample could vary, so please specify this for every sample.

Fat content (%): the percentage of fat content in the sample

Moisture content (%): the percentage of moisture content in the sample (if available).

3.   Results

Dioxins, furans, dioxin-like PCBs: results of every congener should be reported in ppt — picogram/gram (pg/g).

Non-dioxin-like PCBs: results of every congener should be reported in ppb — microgram/kilo (μg/kg).

LOQ: limit of quantification in pg/g or μg/kg (for non dioxin-like PCBs)

LOD: limit of detection in pg/g or μg/kg (for non dioxin-like PCBs)

For congeners determined but below the LOD (limit of detection) the case of results should be filled in as < LOD (the LOD should be reported as a value).

For congeners determined but being below LOQ (limit of quantification) the case should be filled in as < LOQ (the LOQ should be reported as a value).

For PCB congeners analysed in addition to the PCB-7 and dioxin-like PCBs the number of the PCB congener need to be added to the form, for example, 31, 99, 110, etc. If the sample is analysed for more PCB congeners than there are marked rows, just add new rows at the bottom of the form.

4.   Remarks

Besides the lipid extraction method used, additional relevant remarks to the submitted data can be mentioned.

B.   Form for reporting of congener specific analytical results of dioxins, furans, dioxin-like PCBs and other PCBs in food

NON DIOXIN-LIKE PCBs
  4.
  PCB-7 (6) (μg/kg or ppb)
  PCB congeners
  LOD
  LOQ
  Results
  Methods
  PCB-
  28
  Accredited
  PCB-
  52
  Unit
  PCB-
  101
  Uncertainty (%)
  PCB-
  118
  PCB-
  138
  PCB-
  153
  PCB-
  180
  5.
  Other PCBs (μg/kg or ppb)
  PCB congeners
  LOD
  LOQ
  Results
  Methods
  PCB-
  Accredited
  PCB-
  Unit
  PCB-
  Uncertainty (%)
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-
  PCB-

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