COMMISSION DIRECTIVE 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants 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 Commission Regulation (EC) No 1525/98 of 16 July 1998, amending Commission Regulation (EC) No 194/97 setting maximum levels for certain contaminants in foodstuffs (2) fixes maximum limits for aflatoxins in certain foodstuffs;
Whereas Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (3) introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs;
Whereas sampling plays a crucial part in the precision of the determination of the levels of the aflatoxins which are very heterogeneously distributed in a lot;
Whereas 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;
Whereas 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;
Whereas the methods of sampling used currently by the competent authorities largely differ in the Member States; whereas the competent authorities in certain Member States are not in a position to apply all the provisions of this Directive in a short time; whereas it is, therefore, necessary to provide a suitable period to apply these provisions;
Whereas Member States will have to modify their methods of sampling gradually in order to comply with the provisions laid down in the Annexes to this Directive by the time the Directive has to be applied; whereas it is, therefore, appropriate to examine regularly with the Member States the application of these provisions;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
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 aflatoxins in foodstuffs is carried out in accordance with the methods described in Annex I of 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 aflatoxins in foodstuffs comply with the criteria described in Annex II of this Directive.
Article 3
The Member States shall, not later than 31 December 2000, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive. They shall forthwith notify the Commission thereof.
When Member States adopt these provisions, the provisions shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.
Done at Brussels, 16 July 1998.