Commission Recommendation of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (Text with EEA relevance) (notified under document number C(2002) 836)
Date: 2002-03-04
Institutions: European Commission
Subjects: animal nutrition, food contamination, foodstuff, toxic substance

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COMMISSION RECOMMENDATION

of 4 March 2002

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

(notified under document number C(2002) 836)

(Text with EEA relevance)

(2002/201/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)

(2)

(3)

(4)

(5)

For the time being, the acceptable levels of dioxins in feedingstuffs and foodstuffs must be assessed
in the light of current background levels. The maximum levels, established for feedingstuffs by
Council Directive 1999/29/EC of 22 April 1999 on the undesirable substances and products in
animal nutrition (1), as last amended by Directive 2001/102/EC (2), and for foodstuffs by Commis-
sion Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contam-
inants in foodstuffs (3), as amended by Council Regulation (EC) No 2375/2001 (4), are fixed at a strict
but feasible level, while taking account of background contamination. These maximum levels should
prevent unacceptably high exposure levels among animals and the human population and the
distribution of feedingstuffs and foodstuffs with an unacceptably high contamination.

On 30 May 2001 the Scientific Committee on Food (SCF) adopted an opinion on the Risk
Assessment of Dioxins and Dioxin-like PCBs in Food; based on new scientific information which had
become available since the adoption of the SCF opinion on this matter on 22 November 2000. The
SCF fixed a tolerable weekly intake (TWI) for dioxins and dioxin-like PCBs of 14 pg World Health
(TEQ)/kg bodyweight. Exposure estimates indicate that a
Organisation (WHO)-toxic equivalent
considerable proportion of the Community population has a dietary intake in excess of the tolerable
intake.

The reduction of human exposure to dioxins through food consumption is therefore important and
necessary to ensure consumer protection. More than 90 % of human dioxin exposure derives from
food. Food of animal origin normally contributes about 80 % of overall exposure. The dioxin burden
in animals derives mainly from feedingstuffs. As food contamination is directly related to feed
contamination, an integrated approach should be followed to reduce dioxin incidence throughout
the food chain, that is, from feed materials through food-producing animals to humans.

Measures should be implemented with the aim of further reducing the presence and release of dioxin
contamination in order to limit the impact of environmental pollution on the contamination of
feedingstuffs and foodstuffs. On 24 October 2001 the Commission adopted a Communication to the
Council, the European Parliament and the Economic and Social Committee on a Community strategy
for dioxins, furans and polychlorinated biphenyls (COM(2001) 593 final) (5). The strategy focuses on
current and future measures to reduce the release of dioxins and PCBs into the environment.

Measures based solely on establishing maximum levels for dioxins and dioxin-like PCBs in feeding-
stuffs and foodstuffs would not be sufficiently effective in reducing the level of contamination in
feedingstuffs and foodstuffs unless the levels were to be set so low that a large part of the feed and
food supply was declared unfit for animal or human consumption. It is generally recognised that, in
order to actively reduce the presence of dioxins in feedingstuffs and foodstuffs, maximum levels

(1) OJ L 115, 4.5.1999, p. 32.
(2) OJ L 6, 10.1.2002, p. 45.
(3) OJ L 77, 16.3.2001, p. 1.
(4) OJ L 321, 6.12.2001, p. 1.
(5) OJ C 322, 17.11.2001, p. 2.

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should be accompanied by measures stimulating a pro-active approach, including the setting of
action levels and target levels for feedingstuffs and foodstuffs in combination with measures to limit
emissions. 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, not only in the event of non-compliance with the provisions of Directive
1999/29/EC or Regulation (EC) No 466/2001 but also where significant levels of dioxins above the
normal background level are found in feedingstuffs and foodstuffs. This approach should result in a
gradual reduction of dioxin levels in feedingstuffs and foodstuffs and, ultimately, in the achievement
of the target levels.

Although,
furans and
from a toxicological point of view, any level should apply to dioxins,
dioxin-like PCBs, the maximum levels established in Directive 1999/29/EC and Regulation (EC) No
466/2001 are set only for dioxins and furans and not for dioxin-like PCBs, given the very limited
data available on the prevalence of the latter. It is therefore necessary,
in accordance with the
recommendations of SCF and SCAN, to generate reliable data on the presence of dioxin-like PCBs in
the widest possible range of feed materials, feedingstuffs and foodstuffs in order to obtain a reliable
database in a relatively short period of time. This should allow a review of the maximum levels
established by Directive 1999/29/EC and Regulation (EC) No 466/2001 and of the action levels set
out in this Recommendation, with a view to including dioxin-like PCBs in the levels to be set.

The action levels should be reviewed by 31 December 2004 at the latest, once sufficient data on the
presence of dioxin-like PCBs in feed materials, feedingstuffs and foodstuffs are available.

Alongside the review for the purpose of including dioxin-like PCBs, the action levels should be
periodically adjusted in line with the downward trend in dioxin presence and the active approach
pursued to gradually reduce their presence in feedingstuffs and foodstuffs.

The target levels indicate the contamination levels to be achieved in feed and food in order to
ultimately bring human exposure for the majority of the population of the Community down to the
TWI for dioxins and dioxin-like PCBs set by the SCF. They should be set in the light of more accurate
information on the impact of environmental measures and the source directed measures at the level
of feed and food on the reduction of the presence of dioxins and dioxin-like PCBs in the different
feed materials, feedingstuffs and foodstuffs. The target levels should be set by 31 December 2004,
when more information will be, available and when the action levels are first revised with a view to
the inclusion of dioxin-like PCBs.

(6)

(7)

(8)

(9)

(10)

It is of major importance that monitoring of all feed materials, feedingstuffs and foodstuffs is
performed uniformly across the Community. Therefore detailed guidelines for the monitoring of
dioxins and dioxin-like PCBs should established within the framework of the Standing Committee for
Feedingstuffs, for feedingstuffs, and the Standing Committee for Foodstuffs, for foodstuffs. These
guidelines contain,
inter alia, provisions concerning the minimum frequency of controls to be
performed by each Member State, the feed materials, feedingstuffs and foodstuffs to be monitored
and the way of reporting the results,

HEREBY RECOMMENDS:

1. That Member 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 in feed
materials, feedingstuffs and foodstuffs. This monitoring should be carried out in accordance with the
guidelines and frequency established by the Standing Committee on Feedingstuffs for feedingstuffs and
by the Standing Committee for Foodstuffs for foodstuffs.

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2. That in cases of non-compliance with the provisions of Directive 1999/29/EC and Regulation (EC) No
466/2001, and (subject to point 3) in cases where levels of dioxins in excess of the action levels
specified in Annexes I and II are found, Member States,

in cooperation with operators,

(a) initiate investigations to identify the source of contamination;

(b) check for the presence of dioxin-like PCBs;

(c) take measures to reduce or eliminate the source of contamination.

3. That Member States in which background levels of dioxin 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 Member States inform the Commission and the other Member States of their findings, the results of
their investigations and the measures taken to reduce or eliminate the source of contamination.

5. That Member States transmit the information referred to in point 4 by 31 December each year at the
latest for foodstuffs and as part of the annual report to be submitted to the Commission pursuant to
Article 22(2) of Council Directive 95/53/EC (1), as last amended by Directive 2001/46/EC of the
European Parliament and of the Council (2), for feedingstuffs, except where the information is of
immediate relevance for the other Member States in which case it should be transmitted immediately.

Done at Brussels, 4 March 2002.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 265, 8.11.1995, p. 17.
(2) OJ L 234, 2.9.2001, p. 55.

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Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) expressed in
World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997))

ANNEX I

FEED MATERIAL/FEEDINGSTUFF

ACTION LEVEL FOR DIOXINS
(PCDD + PCDF) (1)

TARGET LEVEL (1)

Maximum content relative
to a feedingstuff with a moisture
content of 12 %

Maximum content relative
to a feedingstuff with a moisture
content of 12 %

feed materials of plant origin,

All
vegetable oils and byproducts

including

0,50 ng WHO-PCDD/F-TEQ/kg

Minerals

0,50 ng WHO-PCDD/F-TEQ/kg

Binders (kaolinitic clay, calcium sulphate dihy-
drate, vermiculite, natrolite-phonolite, synthetic
calcium aluminates and clinoptilolite of sedi-
mentary origin)

Trace elements

Animal fat,

including milk fat and egg fat

1,2 ng WHO-PCDD/F-TEQ/kg

Other land animal products, including milk and
milk products and egg and egg products

0,50 ng WHO-PCDD/F-TEQ/kg

Fish oil

Fish, other marine animals, their products and
by-products with the exception of fish oil (3)

Compound feedingstuffs, with the exception of
feedingstuffs for fur animals, feedingstuffs for
fish and feedingstuffs for pet animals

4,5 ng WHO-PCDD/F-TEQ/kg

1,0 ng WHO-PCDD/F-TEQ/kg

0,40 ng WHO-PCDD/F-TEQ/kg

Feedingstuffs for fish and feedingstuffs for pet
animals

1,5 ng WHO-PCDD/F-TEQ/kg

(2)

(2)

(2)

(2)

(2)

(2)

(2)

(2)

(1) Upperbound concentrations; upperbound concentrations are calculated assuming that all values of the different congeners less than the

limit of determination are equal to the limit of determination.

(2) The target values will be set by 31 December 2004 simultaneously with the first revision of the action levels with a view of the inclusion

of dioxin-like PCBs in the levels.

(3) Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted
from the maximum limit. The products, processed animal proteins produced from these fur animals, cannot enter the food chain and the
feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food.

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ANNEX II

Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) expressed in
World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)

PRODUCT

ACTION LEVEL FOR DIOXINES (PCDD + PCDF) (1)
(pg WHO-PCDD/F-TEQ/g fat or product) (1)

TARGET LEVEL (1)

Meat and meat products (4) originating from

— ruminants (bovine animals, sheep)

— poultry and farmed game

— pigs

Liver and derived products

2 pg WHO-PCDD/F-TEQ-TEQ/g fat (3)
1,5 pg WHO-PCDD/F-TEQ/g fat (3)
0,6 pg WHO-PCDD/F-TEQ/g fat (3)

4 pg WHO-PCDD/F-TEQ-TEQ/g fat (3)

Muscle meat of fish and fishery products (5) and
products thereof

3 pg PCDD/F-TEQ-TEQ/g fresh weight

Milk (6) and milk products,

including butter fat

2 pg WHO-PCDD/F-TEQ/g fat (3)

Hen eggs and egg products (7)

2,0 pg WHO-PCDD/F-TEQ/g fat (3)

Oils and fats

— Animal fat

— from ruminants
— from poultry and farmed game
— from pigs
— mixed animal fat

— Vegetable oil

2 pg WHO-PCDD/F-TEQ/g fat
1,5 pg WHO-PCDD/F-TEQ/g fat
0,6 pg WHO-PCDD/F-TEQ/g fat
1,5 pg WHO-PCDD/F-TEQ/g fat

0,5 pg WHO-PCDD/F-TEQ/g fat

— Fish oil

intended for human consumption

1,5 pg WHO-PCDD/F-TEQ/g fat

Fruits

Vegetables

Cereals

0,4 ng WHO-PCDD/F-TEQ/kg product

0,4 ng WHO-PCDD/F-TEQ/kg product

0,4 ng WHO-PCDD/F-TEQ/kg product

(2)
(2)
(2)

(2)

(2)

(2)

(2)

(2)
(2)
(2)
(2)
(2)
(2)

(2)

(2)

(2)

(1) Upperbound concentrations; upperbound concentrations are calculated assuming that all values of the different congeners less than the

limit of determination are equal to the limit of determination.

(2) The target level will be set before 31 December 2004 simultaneously with the first review of the action levels with a view of the inclusion

of dioxin-like PCBs in the levels to be set.

(3) The action levels are not applicable for food products containing < 1 % fat.
(4) Meat of bovine animals, sheep, pig, poultry and farmed game as defined in Article 2(a) of Council Directive 64/433/EEC (OJ 121,
29.7.1964, p. 2012/64), as last amended by Directive 95/23/EC (OJ L 243, 11.10.1995, p. 7) and Article 2(1) of Council Directive
71/118/EEC (OJ L 55, 8.3.1971, p. 23), as last amended by Directive 97/79/EC (OJ L 24, 30.1.1998, p. 31) and Article 2(2) of Council
Directive 91/495/EC (OJ L 268, 24.9.1991, p. 41), as last amended by Directive 94/65/EC (OJ L 368, 31.12.1994, p. 10), excluding
edible offal as defined in Article 2(e) of Directive 64/433/EEC and Article 2(5) of Directive 71/118/EEC.

(5) Muscle meat of fish and fishery products as defined in category (a), (b), (c), (e) and (f) of the list in Article 1 of Council Regulation (EC) No
104/2000 (OJ L 17, 21.1.2000, p. 22). The maximum level applies to crustaceans excluding the brown meat of crab and to cephalopods
without viscera.

(6) Milk (raw milk, milk for the manufacture of milk-based products and heat treated milk as defined by Council Directive 92/46/EEC (OJ L

268, 14.9.1992, p. 1), as last amended by Council Directive 94/71/EC (OJ L 368, 31.12.1994, p. 33).

(7) Hen eggs and egg products as defined by Article 2 of Council Directive 89/437/EEC (OJ L 212, 22.7.1989, p. 87). Free range or

semi-intensive eggs as defined by Article 18 of Commission Regulation (EEC) No 1274/91 (OJ L 121, 16.5.1991, p. 1).