EN Official Journal of the European Union L 6/8

COMMISSION RECOMMENDATION (EU) 2016/22

of 7 January 2016

on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits, repealing Recommendation 2010/133/EU

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

(1) The Scientific Panel on Contaminants in the Food Chain of the European Food Safety Authority (EFSA) adopted on 20 September 2007 a scientific opinion on ethyl carbamate and hydrocyanic acid in food and beverages (1). The Panel concluded that ethyl carbamate in alcoholic beverages indicates a health concern, particularly with respect to stone fruit brandies, and recommended taking mitigation measures to reduce the levels of ethyl carbamate in these beverages. As hydrocyanic acid is an important precursor of ethyl carbamate formation in stone fruit spirits and stone fruit marc spirits, the Panel concluded that such measures should include focus on hydrocyanic acid and other precursors of ethyl carbamate, to prevent the formation of ethyl carbamate during the shelf-life of these products.

(2) Maximum contents of hydrocyanic acid in stone fruit spirits and stone fruit marc spirits have been laid down in Regulation (EC) No 110/2008 of the European Parliament and of the Council (2). This Regulation stipulates that the maximum hydrocyanic acid content in stone fruit spirits and stone fruit marc spirits shall be 7 grams per hectolitre of 100 % vol. alcohol (70 mg/l).

(3) Regulation (EC) No 1334/2008 of the European Parliament and of the Council (3) establishes a maximum level of hydrocyanic acid of 35 mg/kg in alcoholic beverages. This maximum level applies without prejudice to Regulation (EC) No 110/2008.

(4) Commission Recommendation 2010/133/EU (4) provided for a Code of Practice on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits and recommended the Member States to take the necessary measures to ensure that this Code is implemented by all concerned food business operators. Furthermore it had to be ensured that all the appropriate measures were taken to achieve levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits as low as possible with the aim to achieve the level of 1 mg/l as a target. It was furthermore recommended to monitor the levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits during the years 2010, 2011 and 2012 in order to assess the effects of the Code of Practice.

(5) These monitoring results were reported in the EFSA technical report ‘Evaluation of monitoring data on levels of ethyl carbamate in the years 2010-2012 (5)’, adopted on 28 March 2014. The report provides an overview of ethyl carbamate levels in ‘Spirits made from stone fruits’ and ‘Spirits made from fruits other than stone fruits’ across the three sampling years 2010-2012. Overall, in the 2010-2012 ethyl carbamate dataset more than 80 % of the analytical results in ‘Spirits made from stone fruits’ and more than 95 % of the analytical results in ‘Spirits made from fruits other than stone fruits’ were below the target value of 1 mg/l. The mean occurrence in the same food groups was also below the target (roughly two-thirds of the target for ‘Spirits made from stone fruits’ and one-third of the target for ‘Spirits made from fruits other than stone fruits’).

(6) It is appropriate to maintain the Code of Practice, with the target level for ethyl carbamate of 1 mg/l but to update the Code with experiences gained and to align it on certain aspects with the Codex Code of Practice on ethyl carbamate contamination in stone fruit distillates, adopted in 2011 (CAC/RCP 70-2011),

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that the Member States:

(1) take the necessary measures to ensure that the ‘Code of Practice on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits’ as described in the Annex to this Recommendation, is implemented by all operators involved in the production, packaging, transport, holding and storage of stone fruit spirits and stone fruit marc spirits;

(2) ensure that all the appropriate measures are taken to achieve levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits as low as possible with the aim to achieve the level of 1 mg/l as a target.

Recommendation 2010/133/EU is repealed.

Done at Brussels, 7 January 2016. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) Opinion of the Scientific Panel on Contaminants in the Food Chain on a request from the European Commission on ethyl carbamate and hydrocyanic acid in food and beverages, The EFSA Journal (2007) Journal number, 551, 1-44. http://www.efsa.europa.eu/en/scdocs/doc/Contam_ej551_ethyl_carbamate_en_rev.1,3.pdf

(2) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).

(3) Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).

(4) Commission Recommendation 2010/133/EU of 2 March 2010 on the prevention and reduction of ethyl carbamate contamination in stone fruit spirits and stone fruit marc spirits and on the monitoring of ethyl carbamate levels in these beverages (OJ L 52, 3.3.2010, p. 53).

(5) European Food Safety Authority, 2014; Evaluation of monitoring data on levels of ethyl carbamate in the years 2010-2012. EFSA supporting publication 2014:EN-578. 22 pp. Available on: http://www.efsa.europa.eu/en/supporting/doc/578e.pdf