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
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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(1), and in particular Article 1 thereof,
Whereas:
(1) Commission Regulation (EC) No 466/2001(2), as last amended by Regulation (EC) No 563/2002(3), and amended by Council Regulation (EC) No 2375/2001(4) establishes maximum limits for dioxins and furans in certain foodstuffs.
(2) Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(5) lays down the general principles for the performance of control of foodstuffs. Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(6) introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs.
(3) Directive 85/591/EEC has fixed general criteria for methods of sampling and analysis. However, in certain cases it is necessary to lay down more specific criteria and or requirements with which the method of analysis should comply in order to ensure that laboratories use methods of analysis with comparable levels of performance.
(4) The provisions for 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.
(5) The provisions laid down in this Directive relate only to the sampling and analysis of dioxins and dioxin-like PCBs for the implementation of Regulation (EC) No 466/2001 and do not affect the sampling strategy, sampling levels and frequency as specified in Annexes III and IV to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(7). They do not affect the targeting criteria for sampling as laid down in Commission Decision 98/179/EC of 23 February 1998 laying down detailed rules on official sampling for the monitoring of certain substances and residues thereof in live animals and animal products(8).
(6) An active approach should be pursued in order to obtain comprehensive reliable data on the presence of dioxin-like PCBs in foodstuffs. Requirements should therefore be laid down as regards the methods of analysis to be used for the determination of dioxin-like PCBs in foodstuffs.
(7) A screening method of analysis with proven, widely acceptable validation and high throughput could be used to select the samples with significant levels of dioxins. The levels of dioxins in these samples need to be determined by a confirmatory method of analysis. It is therefore appropriate to establish strict requirements for the confirmatory methods of analysis and minimum requirements for the screening method.
(8) 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 ensure that the sampling for the official control of the levels of dioxins and furans and the determination of the levels of dioxin-like PCBs in foodstuffs is carried out in accordance with the methods described in Annex I.
Article 2
The Member States shall ensure that sample preparation and methods of analyses used for the official control of the levels of dioxins and furans and the determination of the levels of dioxin-like PCBs in foodstuffs comply with the criteria described in Annex II.
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 that of its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 26 July 2002.