EN Official Journal of the European Union L 366/93

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 144/06/COL

of 11 May 2006

on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (EEA), 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 (Council Directive 2002/32/EC of 7 May 2002 on undesirable substances in animal feed (1) as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,

Having regard to Act referred to at point 54zn of Chapter XII of Annex II to the EEA Agreement (Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2) as amended, and as adapted to the EEA Agreement by Protocol 1 thereto,

Having regard to the EFTA Surveillance Authority Decision 84/06/COL of 6 April 2006, 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 and the EFTA Foodstuffs Committee,

Whereas:

(1) This Recommendation is a part of an overall strategy to reduce the presence of dioxins, furans and PCBs in environment, feed and food. Its purpose is to recommend action levels for feed and food.

(2) Although, from a toxicological point of view, any level should apply to dioxins and dioxin-like PCBs, maximum levels in foodstuffs were in 2001 set only for dioxins and not for dioxin-like PCBs given the very limited data available at that moment on the prevalence of the dioxin-like PCBs. Similarly, maximum levels in feedingstuffs were in 2001 set only for dioxins and not for dioxin-like PCBs in the Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement (Council Directive 2002/32/EC).

(3) According to Regulation (EC) No 466/2001, the European Commission should review the provisions as regards dioxins in food for the first time by the end of 2004 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. The Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement (Directive 2002/32/EC) contains a similar review clause as regards dioxins in feedingstuffs.

(4) In the meantime more data on the presence of dioxin-like PCBs in feed and food have been made available. As a consequence, maximum levels have been set for the sum of dioxins and dioxin-like PCBs expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs as this is the most appropriate approach from a toxicological point. In order to ensure a smooth transition, existing maximum levels for dioxins should remain applicable for a transitional period in addition to the newly set levels for the sum of dioxins and dioxin-like PCBs.

(5) It is generally recognised that in order to actively reduce the presence of dioxins and dioxin-like PCBs in food and feed maximum levels should be accompanied by measures to stimulate a pro-active approach, including the setting of action levels for food and feed. These action levels should be a tool for competent authorities and operators to highlight those cases where it is appropriate to identify a source of contamination and to take measures for its reduction or elimination. Given the sources of dioxins and dioxin-like PCBs are different, it is appropriate that separate action levels are determined for dioxins on the one hand and for dioxin-like PCBs on the other hand.

(6) Furthermore, the action levels should be periodically adjusted in line with the downward trend in dioxin and dioxin-like PCB presence and the active approach pursued to gradually reduce their presence in feedingstuffs and foodstuffs.

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

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

HEREBY RECOMMENDS:

(1) That the EFTA States perform, proportionate to their production, use and consumption of feed materials, feedingstuffs and foodstuffs, random monitoring of the presence of dioxins and dioxin-like PCBs and, if possible, non-dioxin-like PCBs in feed materials, feedingstuffs and foodstuffs. This monitoring should be carried out according to EFTA Surveillance Authority Recommendation No 3/05/COL of 19 January 2005 on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs and Commission Recommendation 2004/705/EC of 11 October 2004 on the monitoring of background levels of dioxin and dioxin-like PCBs in foodstuffs (3).

(2) That in cases of non-compliance with the provisions of the Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement (Directive 2002/32/EC) and Regulation (EC) No 466/2001, and (subject to point 3) in cases where levels of dioxins and/or dioxin-like PCBs in excess of the action levels specified in Annex I to this Recommendation as regards foodstuffs and in Annex II of the Act referred to at point 33 of Chapter II of Annex I of the EEA Agreement. (Directive 2002/32/EC) as regards feedingstuffs are found, and in co-operation with operators, (a) initiate investigations to identify the source of contamination, (b) take measures to reduce or eliminate the source of contamination, (c) check for the presence of non-dioxin-like PCBs.

(3) That the EFTA States in which background levels of dioxin and dioxin-like PCBs are particularly high, set national action levels for their domestic production of feed materials, feedingstuffs and foodstuffs, such that for about 5 % of the results obtained in the monitoring referred to in point 1, an investigation is undertaken to identify the source of contamination.

(4) That the EFTA States inform the EFTA Surveillance Authority and the other EFTA States of their findings, the results of their investigations and the measures taken to reduce or eliminate the source of contamination.

(9) That the EFTA States transmit the information referred to in point 4 by 31 March of each year at the latest for foodstuffs and as part of the annual report to be submitted to the Authority pursuant to Article 22(2) of the Act referred to at point 31a of Chapter II of Annex I to the EEA Agreement (Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition (4) for feedingstuffs, except where the information is of immediate relevance for the other EEA States in which case it should be transmitted immediately. 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.

Done at Brussels, 11 May 2006. For the EFTA Surveillance Authority Kristján Andri STEFÁNSSON College Member Niels FENGER Director

(1) OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).

(2) 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).

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

(4) OJ L 265, 08.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the Européan parliament and of the Council (OJ L 234, 1. 9. 2001, p. 55).