2004/705/EC: Commission Recommendation of 11 October 2004 on the monitoring of background levels of dioxins and dioxin-like PCBs in foodstuffs (notified under document number C(2004) 3462)Text with EEA relevance
Date: 2004-10-11
Institutions: European Commission
Subjects: food inspection, food safety, toxic substance

22.10.2004

EN

Official Journal of the European Union

L 321/45

COMMISSION RECOMMENDATION

of 11 October 2004

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

(notified under document number C(2004) 3462)

(Text with EEA relevance)

(2004/705/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty
establishing the European
Community, and in particular the second indent of Article
211 thereof,

Whereas:

Commission Regulation (EC) No 466/2001 of 8 March
2001 setting maximum levels for certain contaminants in
foodstuffs (1), establishes maximum levels for dioxins in
foodstuffs.

from a toxicological point of view,
should include dioxins,

the
Although,
maximum level
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 aforementioned Regulation 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
in
particular with a view to the inclusion of dioxin-like
PCBs in the levels to be set.

and dioxin-like PCBs,

(7)

(8)

Regulation (EC) No 466/2001 provides for a further
review of the maximum levels for dioxins and dioxin-
like PCBs by 31 December 2006 at the latest with the
aim of significantly reducing the maximum levels.

proportionate

Commission Recommendation 2002/201/EC of 4 March
2002 on the reduction of the presence of dioxins, furans
and PCBs in feedingstuffs and foodstuffs (2), recommends
that Member States perform random monitoring of the
presence of dioxins, furans and dioxin-like PCBs in food-
stuffs,
and
consumption of foodstuffs. This monitoring should be
carried out following detailed guidelines established by
the Standing Committee on the Food Chain and
Animal Health. These guidelines
in
order to ensure a high degree of uniformity across the
European Community, provisions,
inter alia, concerning
the minimum frequency and the format of reporting of
the results.

should contain,

production

their

to

It is important that these data are reported on a regular
basis to the Commission. The Commission will ensure
the compilation of these data into a database which will
be publicly available for consultation.

The Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia joined
the European Community on 1 May 2004. It is appro-
the new Member States participate in the
priate that
monitoring programme as
is
however acknowledged that it is appropriate to provide
a transitional arrangement for the new Member States
and that
the time being no detailed minimum
frequency for the random monitoring of the presence
of dioxins, furans and dioxin-like PCBs in foodstuffs is
recommended for the new Member States,

soon as possible.

for

It

It
the
is necessary to generate reliable data across
European Community on the presence of dioxins,
furans and dioxin-like PCBs in the widest range of food-
stuffs in order to have a clear picture of the time trends
in background presence of these substances in foodstuffs.

HEREBY RECOMMENDS:

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

1. That Member 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 foodstuffs
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.

(1) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 684/2004 (OJ L 106, 15.4.2004, p. 6).

(2) OJ L 67, 9.3.2002, p. 69.

(1)

(2)

(3)

(4)

(5)

L 321/46

EN

Official Journal of the European Union

22.10.2004

2. That the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia participate as
soon as possible in the monitoring programme on the
presence of dioxins, furans and dioxin-like PCBs in food-
stuffs. The frequency of the samples to be analysed yearly
by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia will be estab-
lished from the year 2005 onwards.

3. That Member States provide, on a regular basis to the
Commission,
the monitoring data with the information
and in the format as provided for in Annex II for compi-
lation 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
Commission Directive 2002/69/EC of 26 July 2002 laying

down the sampling methods and the methods of analysis for
the official control of dioxins and the determination of
dioxin-like PCBs in foodstuffs (1) and reflecting background
levels are also provided.

4. That Member States, if possible, also perform the analysis on

non-dioxin-like PCBs in the same samples.

Done at Brussels, 11 October 2004.

For the Commission

David BYRNE
Member of the Commission

(1) OJ L 209, 6.8.2002, p. 5. Directive as amended by Directive

2004/44/EC (OJ L 113, 20.4.2004, p. 17).

22.10.2004

EN

Official Journal of the European Union

L 321/47

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L 321/48

EN

Official Journal of the European Union

22.10.2004

Remarks on the table

(1) The figures mentioned in the table are minimum figures. Member States are invited to take more samples. The
additional samples should be preferably taken from the categories of foodstuffs contributing significantly to the
exposure: i.e. meat and meat products, fish and dairy products (farm milk).

(2) Meat and meat products:

in addition to the mentioned categories, a number of samples should be taken from

horsemeat, goatmeat, rabbitmeat and, to a limited extent, game.

(3) Fish and fishery products: the samples for wild fish and aquaculture should be divided over the species proportionate
to the catch or production (for aquaculture). As guidance, the species-specific data on catch and production of fish
and fishery products available in the brochure ‘Facts and figures on the CFP – basic data on the Common Fisheries
Policy’, European Communities, 2004 can be used.

Using these data following numbers of samples to be taken for different fish species and fishery products can be
given as guidance

C a t c h e s f o r M e m b e r S t a t e s ≥ 1 0 s a m p l e s r e c o m m e n d e d

Denmark: 15 samples
Spain: 33 samples

4 herring, 4 blue mussel, 7 other

7 skipjack tuna, 4 pilchard, 5 yellowfin tuna, 2 horse mackerel, 2 short-fin squid, 13 other

France: 18 samples

3 skipjack tuna, 3 yellowfin tuna, 2 pilchard, 2 saithe, 2 herring, 6 other

Netherlands: 14 samples
Sweden: 10 samples

4 sardinellas, 2 horse mackerel, 3 herring, 2 mackerel and 3 other

5 herring, 4 sprat and 1 cod

United Kingdom: 24 samples

6 mackerel, 4 herring, 3 haddock, 2 cod and 9 other

A q u a c u l t u r e p r o d u c t s f o r M e m b e r S t a t e s ≥ 5 s a m p l e s r e c o m m e n d e d

Denmark: 5 samples
Germany: 5 samples

4 trout and 1 eel
2 mussels, 2 trout and 1 carp

Greece: 7 samples

3 seabream, 2 seabass, 1 mussels and 1 other

Spain: 16 samples
France: 16 samples

8 mussels, 3 trout, 1 seabream, 1 oyster, 1 tuna and 2 other
8 oysters, 4 mussels, 3 trout and 1 carp

Italy: 14 samples

6 mussels, 3 clam, 3 trout, 1 seabass, 1 seabream

Netherlands: 7 samples
United Kingdom: 12 samples

4 mussels, 1 eel, 1 oyster and 1 catfish

9 salmon, 2 trout and 1 mussel

(4) Milk and milk products: at least four fifths of the milk samples should be taken from farm milk (mainly cow’s milk).
It is also appropriate to take some additional samples of milk and milk products other than cow’s milk (goat milk
etc.).

(5) Eggs: in addition to hen eggs, eggs of ducks, geese and quail should also be sampled.

(6) Oils and fats: it is appropriate that in addition to fish oil, also food supplements on the basis of fish oil (fish body oils

and fish liver oils) are sampled.

(7) Vegetables: mainly leafy vegetables but also potatoes and other root and tuber vegetables.

Fruit: including berries and strawberries.

22.10.2004

EN

Official Journal of the European Union

L 321/49

ANNEX II

A. Explanatory notes to the form for analytical results of dioxins, furans and dioxin-like PCBs and other PCBs in

food

1. General information about the samples analysed

Country: name of the Member State where the monitoring has been carried out

Year: the year the monitoring was carried out

Product: food item analysed — describe the food item as precise as possible

Stage of marketing: place where the product (sample) was collected

Tissue: part of product analysed, for example, fat or muscle

Expression of results: the results are to be expressed on the basis on which the maximum levels have been established
(Council Regulation (EC) No 2375/2001). In case of the analysis of non-dioxin-like PCBs, it is highly recommended to
express the levels on the same basis.

Type of sampling: random sampling — analytical results from targeted sampling can also be reported but it must be
clearly indicated that the sampling was targeted and does not necessarily reflect normal background levels

Methods: refer to the method used

Accredited: specify if the analytical method is accredited or not

Uncertainty (%): the percentage of the measurement uncertainty embodied in the analytical method.

2. Specific information about the samples analysed

Sample No: number of samples of same kind of product analysed. If you have results of more samples than there are
marked columns, just add new columns with the number at the end of the form.

Method of production: conventional/organic (as detailed as possible)

Area:
insofar as relevant, district or region where the sample was collected, if possible with indication if it concerns
rural area, urban area, industrial zone, harbour, open sea, etc. For example, Brussels — urban area, Mediterranean — open
sea.

Number of subsamples:
if the analysed sample is a pooled sample, the number of subsamples (number of individuals)
should be notified. If the analytical result is just based on one sample, one should be notified. Number of subsamples
in a pooled sample could vary, so please specify this for every sample.

Fat content (%): the percentage of fat content in the sample

Moisture content (%): the percentage of moisture content in the sample (if available).

3. Results

Dioxins, furans, dioxin-like PCBs: results of every congener should be reported in ppt — picogram/gram (pg/g).

Non-dioxin-like PCBs: results of every congener should be reported in ppb — microgram/kilo (μg/kg).

L 321/50

EN

Official Journal of the European Union

22.10.2004

LOQ:

limit of quantification in pg/g or μg/kg (for non dioxin-like PCBs)

LOD:

limit of detection in pg/g or μg/kg (for non dioxin-like PCBs)

For congeners determined but below the LOD (limit of detection) the case of results should be filled in as < LOD (the
LOD should be reported as a value).

For congeners determined but being below LOQ (limit of quantification) the case should be filled in as < LOQ (the
LOQ should be reported as a value).

For PCB congeners analysed in addition to the PCB-7 and dioxin-like PCBs the number of the PCB congener need to
be added to the form, for example, 31, 99, 110, etc. If the sample is analysed for more PCB congeners than there are
marked rows, just add new rows at the bottom of the form.

4. Remarks

Besides the lipid extraction method used, additional relevant remarks to the submitted data can be mentioned.

22.10.2004

EN

Official Journal of the European Union

L 321/51

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r
e
n
e
g
n
o
c

f
o

g
n
i
t
r
o
p
e
r

r
o
f

m
r
o
F

.

B

L 321/52

EN

Official Journal of the European Union

22.10.2004