EN Official Journal of the European Communities L 254/35

COMMISSION DIRECTIVE

of 25 July 1980

relating to the Community method of analysis for determining the erucic acid content in oils and fats intended to be used as such for human consumption and foodstuffs containing added oils or fats

(80/891/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of erucic acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or fats (1), and in particular Article 3 thereof,

Whereas Article 2 of Directive 76/621/EEC provides that, as from 1 July 1979, the erucic acid content of the products referred to in Article 1 of that Directive, calculated on the total level of fatty acids in the fat component, may not be greater than 5 %;

Whereas Article 3 of Directive 76/621/EEC provides that the erucic acid content shall be determined by a Community method of analysis;

Whereas Regulation (EEC) No 1470/68 of 23 September 1968 on the drawing and reduction of samples and the determination of the oil content, impurities and moisture in oil seeds (2), lays down in Annex VI, as introduced by Regulation (EEC) No 72/77 (3), a method of analysis determining the erucic acid content of colza and rape seeds; whereas this method should be used as a screening method;

Whereas it is not possible, when the constituent fatty acids of oils and fats are analyzed by gas-liquid chromatography under normal conditions, to distinguish erucic acid from other isomers of docosenoic acid such as cetoleic acid;

Whereas it is necessary to determine the level of erucic acid in oils and fats, as well as in foodstuffs to which oils or fats have been added, which may contain cetoleic acid and other isomers of docosenoic acid;

Whereas the level of erucic acid need not be determined in oils and fats and in foodstuffs to which oils or fats have been added when, after using the screening analysis methods, they have been found not to contain more than 5 % of total docosenoic acids or of cis-docosenoic acids;

Whereas, pending the introduction of an improved method of analysis for the determination of erucic acid, this method of analysis is considered to be the most suitable at present;

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

Member States shall require that the analysis necessary for the determination of the erucic acid content of the products referred to in Article 1 of Directive 76/621/EEC be carried out as laid down in Article 2.

Article 2

1. For screening purposes either of the following shall be determined:

(a) the total docosenoic acid content of products referred to in Article 1 using the method set out in Annex VI to Regulation (EEC) No 1470/68; or

(b) the total cis-docosenoic acid content of products referred to in Article 1, by the method set out in Annex VI to Regulation (EEC) No 1470/68 using gas-liquid chromatography in conditions whereby the cis- and trans-isomers of docosenoic acids are separated; stationary phases suitable for this purpose are, for example, the cyanopropylpolysiloxanes or liquid crystals.

2. If the total content of either:

(a) docosenoic acids, determined according to paragraph 1 (a), or

(b) cis-docosenoic acids, determined according to paragraph 1 (b),

of the products referred to in Article 1, calculated on their total fatty acid content in the fat component, does not exceed 5 %, no further determination shall be required. Otherwise, the erucic acid content shall be determined by the method set out in the Annex hereto.

Article 3

Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 February 1982. They shall forthwith inform the Commission thereof.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 25 July 1980. For the Commission Étienne DAVIGNON Member of the Commission

(1) OJ No L 202, 28. 7. 1976, p. 35.

(2) OJ No L 239, 28. 9. 1968, p. 2.

(3) OJ No L 12, 15. 1. 1977, p. 11.