EN Official Journal of the European Union L 321/45

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.

(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.

(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.

(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.

(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.

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.

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.

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

Done at Brussels, 11 October 2004. For the Commission David BYRNE Member of the Commission

(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).

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

(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).

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 (2) Meat and meat products (3) Fish and fishery products (4) Milk and milk products (5) Eggs (6) Oils and fats (7) Fruit, vegetables and cereals (8) 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 () () () () () () () (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. Remarks on the table () () () () () () () (2) 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). (3) 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. (4) 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 4 herring, 4 blue mussel, 7 other Spain: 33 samples 7 skipjack tuna, 4 pilchard, 5 yellowfin tuna, 2 horse mackerel, 2 short-fin squid, 13 other France: 18 samples 3 skipjack tuna, 3 yellowfin tuna, 2 pilchard, 2 saithe, 2 herring, 6 other Netherlands: 14 samples 4 sardinellas, 2 horse mackerel, 3 herring, 2 mackerel and 3 other Sweden: 10 samples 5 herring, 4 sprat and 1 cod United Kingdom: 24 samples 6 mackerel, 4 herring, 3 haddock, 2 cod and 9 other Aquaculture products for Member States ≥ 5 samples recommended Denmark: 5 samples 4 trout and 1 eel Germany: 5 samples 2 mussels, 2 trout and 1 carp Greece: 7 samples 3 seabream, 2 seabass, 1 mussels and 1 other Spain: 16 samples 8 mussels, 3 trout, 1 seabream, 1 oyster, 1 tuna and 2 other France: 16 samples 8 oysters, 4 mussels, 3 trout and 1 carp Italy: 14 samples 6 mussels, 3 clam, 3 trout, 1 seabass, 1 seabream Netherlands: 7 samples 4 mussels, 1 eel, 1 oyster and 1 catfish United Kingdom: 12 samples 9 salmon, 2 trout and 1 mussel (5) 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.). (6) Eggs: in addition to hen eggs, eggs of ducks, geese and quail should also be sampled. (7) 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. (8) Vegetables: mainly leafy vegetables but also potatoes and other root and tuber vegetables. Fruit: including berries and strawberries.