EN Official Journal of the European Union L 260/21

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 3/05/COL

of 19 January 2005

on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area, and in particular Article 109 and Protocol 1 thereof,

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,

Having regard to the Act referred to at point 33 of Chapter II of Annex I to the EEA Agreement (Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal fee (1)), as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,

Having regard to the EFTA Surveillance Authority Decision 303/04/COL of 1 December 2004, whereby the competent Member of the College is instructed to adopt the Recommendation if the draft Recommendation is in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee,

Whereas:

(1) The Act referred to at point 33 of Chapter II of Annex I to the EEA Agreement (Directive 2002/32/EC) establishes maximum levels for dioxins in feed materials and compound feedingstuffs.

(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 abovementioned Act 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) It is necessary to generate reliable data across the EEA on the presence of dioxin-like PCBs in the widest range of products intended for animal feed (as defined in the relevant Act referred) in order to have a clear picture of the time trends in background presence of these substances in products intended for animal feed.

(4) The relationship between the presence of dioxins, furans, dioxin-like PCBs and non-dioxin-like PCBs is important but to a large extent unknown. It is therefore appropriate to analyse the selected samples also for non-dioxin-like PCBs where possible.

(5) According to Article 4(2) of the Act, the EFTA States shall transmit to the EFTA Surveillance Authority all relevant information and findings of the source and the measures taken to reduce the level or elimination of undesirable substances.

(6) It is important that EFTA States participate in the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs and that these data are reported on a regular basis to the EFTA Surveillance Authority.

(7) In accordance with Article 2(1) of Protocol 1 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall pass on that information to the European Commission.

(8) The participation of the EFTA States in the programmes within the scope of Annex I to this Recommendation will have to be evaluated with respect to their exemptions from Chapter II of Annex I to the EEA Agreement.

(9) The measures provided for in this Recommendation are in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee assisting the EFTA Surveillance Authority,

HEREBY RECOMMENDS TO THE EFTA STATES:

1. That EFTA 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 products intended for animal feed 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 EFTA States provide on a regular basis to the EFTA Surveillance Authority the data with the information and in the format as foreseen 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 the Act referred to at point 1 zc of Chapter II of Annex I to the EEA Agreement (Commission Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (2)) and reflecting background levels are also provided.

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

Done at Brussels, 19 January 2005. For the EFTA Surveillance Authority Bernd HAMMERMANN College Member

(1) OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2005/8/EC (OJ L 27, 29.1.2005, p. 44).

(2) OJ L 209, 6.8.2002, p. 15. Directive as amended by Directive 2005/7/EC (OJ L 27, 29.1.2005, p. 41).

ANNEX I Table: Overview of the recommended minimum number of feed samples to analyse yearly. Distribution of samples is based on production and/or use in each country. Particular attention is paid to feed materials and compound feedingstuffs expected to have a larger variation in background levels of dioxins, furans and dioxin-like PCBs. Total number of samples recommended for each country Feed materials, additives, premixtures Compound feedingstuffs Plant origin Minerals Trace elements, binders, anti-caking agents Premixtures — all species Animal origin Total Terrestrial animals Fish Total Country Number Cereals, grains, their products and by-products Oil seeds, oil fruits, their products and by-products/legume seeds, their products and by-products Forages and roughages Other feed materials of plant origin Animal fat/animal products (including milk powder and egg products) Fish oil Fish meal Number Cattle Pigs Poultry Other (rabbit, horse, pet food) Fish Number Iceland 67 3 3 3 2 1 1 2 3 19 16 53 3 3 3 2 3 14 Norway 127 5 5 5 3 3 3 5 3 13 15 60 3 3 3 2 56 67