Commission Directive 2002/26/EC
of 13 March 2002
laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A 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(1), and in particular Article 2 thereof,
Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption(2), and in particular Article 1 thereof,
Whereas:
(1) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(3), as last amended by Regulation (EC) No 472/2002(4), fixes maximum limits for ochratoxin A in certain foodstuffs.
(2) Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(5) introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs.
(3) Sampling plays a crucial part in the precision of the determination of the levels of ochratoxin A, which are very heterogeneously distributed in a lot.
(4) It seems necessary to fix general criteria, which the method of analysis has to comply with in order to ensure that laboratories, in charge of the control, use methods of analysis with comparable levels of performance.
(5) The provisions for the sampling and methods of analysis have been drawn up on the basis of present knowledge and they may be adapted to take account of advances in scientific and technological knowledge.
(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Member States shall take all measures necessary to ensure that the sampling for the official control of the levels of ochratoxin A in foodstuffs is carried out in accordance with the methods described in Annex I to this Directive.
Article 2
The Member States shall take all measures necessary to ensure that sample preparation and methods of analyses used for the official control of the levels of ochratoxin A in foodstuffs comply with the criteria described in Annex II to this Directive.
Article 3
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 28 February 2003 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 13 March 2002.