EN Official Journal of the European Union L 322/24

COMMISSION RECOMMENDATION

of 16 November 2006

on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs

(notified under document number C(2006) 5425)

(Text with EEA relevance)

(2006/794/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 and for the sum of dioxins and dioxin-like Polychlorinated Biphenyls (PCBs) in foodstuffs.

(2) 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.

(3) Commission Recommendation 2006/88/EC of 6 February 2006 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, dioxin-like PCBs and, if possible, non-dioxin-like PCBs in foodstuffs according to Commission Recommendation 2004/705/EC (3).

(4) Recommendation 2004/705/EC recommends to the Member States minimum frequency of samples to be analysed yearly for the different categories of foodstuffs as well the format of reporting of the results for the monitoring of the background presence of dioxins, furans and dioxin-like PCBs in foodstuffs. For the new Member States joining the European Community on 1 May 2004 a transitional arrangement was provided.

(5) It is appropriate to amend the current monitoring programme by taking into account the experiences gained. Recommendation 2004/705/EC should therefore be replaced by a new Recommendation.

(6) It is important that data gathered under this Recommendation are reported on a regular basis to the Commission. The Commission will ensure the compilation of those data into a database. 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 30 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 (4) and reflecting background levels should also be provided,

HEREBY RECOMMENDS:

1. That Member States perform from the year 2007 onwards until 31 December 2008 the monitoring of the background presence of dioxins, furans and dioxin-like polychlorinated biphenyls (PCBs) in foodstuffs using the recommended minimum frequency of samples to be analysed yearly, as foreseen in the table of Annex I as guidance.

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

3. That Member States provide on a regular basis to the Commission the monitoring data with the information and in the format as foreseen in Annex II for compilation into one database. Data from recent years obtained by making use of a method of analysis complying with the requirements, laid down by Directive 2002/69/EC and reflecting background levels should also be provided.

Recommendation 2004/705/EC is hereby repealed. References to the repealed Recommendation shall be construed as references to this Recommendation.

Done at Brussels, 16 November 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).

(2) OJ L 42, 14.2.2006, p. 26.

(3) OJ L 321, 22.10.2004, p. 45.

(4) 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.

Product, including also derived products Aquaculture (*) Wild caught fish (**) Meat (***) Milk (****) Eggs (*****) Other (******) Total No of samples 250 483 500 250 250 267 2 000 Belgium 4 8 18 8 7 7 52 Denmark 4 20 14 7 4 6 55 Germany 16 28 55 34 25 36 194 Greece 6 8 14 8 4 7 47 Spain 26 36 36 13 24 21 156 France 25 30 55 28 28 27 193 Ireland 8 15 15 7 5 4 54 Italy 22 24 46 20 26 26 164 Luxembourg 2 3 6 3 3 3 20 Netherlands 7 18 26 13 20 8 92 Austria 3 3 15 8 6 7 43 Portugal 4 12 12 6 5 6 45 Finland 4 10 10 6 4 6 40 Sweden 4 12 10 6 4 6 42 United Kingdom 15 30 40 19 20 20 144 Czech republic 6 3 11 5 5 5 35 Estonia 2 6 7 3 2 4 24 Cyprus 2 6 4 3 2 3 20 Latvia 2 6 7 3 2 4 24 Lithuania 2 6 7 3 2 4 24 Hungary 3 3 11 5 10 5 37 Malta 2 3 4 3 2 3 17 Poland 10 18 25 13 16 20 102 Slovenia 2 3 7 3 2 4 21 Slovakia 2 3 7 3 2 4 21 Bulgaria 4 3 9 5 5 4 30 Romania 6 3 11 9 9 10 48 Iceland 3 69 7 3 2 3 87 Norway 54 94 11 3 4 4 170 Total 250 483 500 250 250 267 2 000 Remarks on the Table The figures mentioned in the table are minimum figures. Member States are invited to take more samples. (*) : Aquaculture : The samples for aquaculture should be divided over the fish species proportionate to the production. As guidance, the species specific data on production of fish and fishery products ‘Facts and Figures on the CFP — basic data on the Common Fisheries Policy’ (1), European Communities, 2006 and the map ‘Aquaculture in the European Union’ (2). can be used. Special attention should be paid to oysters, mussels and eel. (**) : Wild caught fish : The samples for wild caught fish should be divided over the fish species proportionate to the catch. As guidance, the species specific data on production of fish and fishery products ‘Facts and Figures on the CFP — basic data on the Common Fisheries Policy’, European Communities, Edition 2006. Special attention should be paid to wild caught eel. (***) : Meat : In addition to meat and meat products originating from beef cattle, pigs, poultry and sheep, significant number of samples should be taken from horsemeat, reindeer meat, goat meat, rabbit meat, venison and game. (****) : Milk : A large proportion of the milk samples should be taken from farm milk (mainly cow’s milk). It is also appropriate to take samples of milk and milk products other than cow’s milk (goat milk, etc…). (*****) : Eggs : Particular attention should be paid to free-range hen eggs and eggs of ducks, geese and quails should also be sampled. (******) : Other : In this category particular attention should be paid to: — food supplements (particular those ones based on marine oil), — food for infants and young children, — food products originating from regions where due to e.g. climatic conditions resulting in floods, changes have happened in the production conditions which could possibly affect the dioxin and dioxin-like PCB concentration of the food products in the region. (1) http://ec.europa.eu/fisheries/publications/facts/pcp06_en.pdf (2) http://ec.europa.eu/fisheries/publications/aquaculture05_en.pdf