EN Official Journal of the European Union L 52/53

COMMISSION RECOMMENDATION

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

(Text with EEA relevance)

(2010/133/EU)

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). In this opinion the Panel derived margins of exposure (MOE) for ethyl carbamate for different scenarios of food and beverage consumption. Based on these MOE 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 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 (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) A Code of Practice for the prevention and reduction of ethyl carbamate levels in stone fruit spirits and stone fruit marc spirits is considered a suitable tool to address the EFSA recommendations. This Code recommends Good Manufacturing Practices (GMP) for which there is evidence that lower ethyl carbamate levels can be achieved when they are applied. An ethyl carbamate target level of 1 mg/l in the ready-to-drink spirit is realistic and achievable when applying good practices.

(4) The levels of ethyl carbamate in stone fruit spirits and stone fruit marc spirits should be monitored during a time period of three years and the results be used to assess the effects of this Code of Practice after three years of implementation. Furthermore, the possibility of setting a maximum level should be assessed.

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.

3. monitor 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 set out in the Annex to this Recommendation.

4. report the monitoring data of the previous year to EFSA by 1 June each year with the information and in the format set out by EFSA.

5. follow the sampling procedures for the purpose of the monitoring programme as laid down in part B of the Annex to Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (3).

6. carry out the analysis of ethyl carbamate in accordance with the criteria laid down in points 1 and 2 of Annex III to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4).

Done at Brussels, 2 March 2010. For the Commission John DALLI 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, p. 1. http://www.efsa.europa.eu/en/scdocs/doc/Contam_ej551_ethyl_carbamate_en_rev.1,3.pdf

(2) OJ L 39, 13.2.2008, p. 16.

(3) OJ L 88, 29.3.2007, p. 29.

(4) OJ L 165, 3.4.2004, p. 1.