Commission Directive 2005/5/EC of 26 January 2005 amending Directive 2002/26/EC as regards sampling methods and methods of analysis for the official control of the levels of ochratoxin A in certain foodstuffsText with EEA relevance
Date: 2005-01-26
Institutions: European Commission
Subjects: coffee, food inspection, food safety, foodstuffs legislation, fruit juice, research method, toxic substance, wine

L 27/38

EN

Official Journal of the European Union

29.1.2005

COMMISSION DIRECTIVE 2005/5/EC

of 26 January 2005

amending Directive 2002/26/EC as regards sampling methods and methods of analysis for the
official control of the levels of ochratoxin A in certain foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 85/591/EEC of 20
December 1985 concerning the introduction of Community
methods of sampling and analysis for the monitoring of food-
stuffs intended for human consumption (1), and in particular
Article 1 thereof,

Whereas:

Commission Regulation (EC) No 466/2001 of 8 March
2001 setting maximum levels for certain contaminants in
foodstuffs (2), fixes maximum limits for ochratoxin A in
roasted coffee beans, ground roasted coffee,
soluble
coffee, wine and grape juice.

Sampling plays a crucial part in the precision of the
determination of the levels of ochratoxin A. Commission
Directive 2002/26/EC of 13 March 2002 laying down
the sampling methods and methods of analysis for the
official control of the levels of ochratoxin A in food-
stuffs (3), should include provisions related to roasted
coffee beans, ground roasted coffee,
soluble coffee,
wine and grape juice.

Article 1

Annex I to Directive 2002/26/EC is amended in accordance
with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive 12 months after the entry into force at the latest.
They shall
forthwith communicate to the Commission the
text of those provisions and a correlation table between those
provisions and this Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the
field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

Article 4

This Directive is addressed to the Member States.

Directive 2002/26/EC should therefore be amended
accordingly.

Done at Brussels, 26 January 2005.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

For the Commission

Markos KYPRIANOU
Member of the Commission

(1)

(2)

(3)

(4)

(1) OJ L 372, 31.12.1985, p. 50. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

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

(EC) No 78/2005 (OJ L 16, 20.1.2005, p. 43).

(3) OJ L 75, 16.3.2002, p. 38. Directive as amended by Directive

2004/43/EC (OJ L 113, 20.4.2004, p. 14).

29.1.2005

EN

Official Journal of the European Union

L 27/39

Annex I to Directive 2002/26/EC is amended as follows:

ANNEX

(a) points 4.3, 4.4 and 4.5 are replaced by the following:

‘4.3. General survey of the sampling procedure for cereals, dried vine fruit and roasted coffee

Subdivision of lots into sublots depending on product and lot weight

TABLE 1

Commodity

Cereals and cereal products

Lot weight
(ton)

Weight or
number of
sublots

No of incre-
mental samples

Aggregate sample
weight
(kg)

≥ 1 500
> 300 and < 1 500
≥ 50 and ≤ 300
< 50

500 tonnes
3 sublots
100 tonnes
—

Dried vine fruit (currants, raisins
and sultanas)

Roasted
ground
coffee beans,
roasted coffee and soluble coffee

≥ 15
< 15

≥ 15
< 15

15-30 tonnes
—

15-30 tonnes
—

(*) Depending on the lot weight — see table 2 of this Annex.
(**) Depending on the lot weight — see table 3 of this Annex.

100
100
100
3-100 (*)

100
10-100 (**)

100
10-100 (**)

10
10
10
1-10

10
1-10

10
1-10

4.4. Sampling procedure for cereals and cereal products (lots ≥ 50 tonnes) and for roasted coffee beans, ground roasted coffee,

soluble coffee and dried vine fruit (lots ≥ 15 tonnes)

— On condition that the sublot can be separated physically, each lot must be subdivided into sublots following table
1. Taking into account that the weight of the lot is not always an exact multiple of the weight of the sublots, the
weight of the sublot may vary from the mentioned weight by a maximum of 20 %.

— Each sublot must to be sampled separately.

— Number of incremental samples: 100.

— Weight of the aggregate sample = 10 kg.

— If it is not possible to carry out the method of sampling described above because of the commercial consequences
resulting from damage to the lot (because of packaging forms, means of transport, etc.) an alternative method of
sampling may be applied provided that it is as representative as possible and is fully described and documented.

4.5. Sampling provisions for cereals and cereal products (lots < 50 tonnes) and for roasted coffee beans, ground roasted coffee,

soluble coffee, dried vine fruit (lots < 15 tonnes)

For cereal lots under 50 tonnes and for roasted coffee beans, ground roasted coffee, soluble coffee and dried vine fruit
lots under 15 tonnes the sampling plan has to be used with 10 to 100 incremental samples, depending on the lot
lots (≤ 0,5 tonnes) of cereals and cereal
weight, resulting in an aggregate sample of 1 to 10 kg. For very small
products a lower number of incremental samples can be taken, but the aggregate sample uniting all incremental
samples shall be also in that case at least 1 kg.

The figures in the following table can be used to determine the number of incremental samples to be taken.

L 27/40

EN

Official Journal of the European Union

29.1.2005

Number of incremental samples to be taken depending on the weight of the lot of cereals and cereal
products

Lot weight (tonnes)

No of incremental samples

TABLE 2

≤ 0,05
> 0,05-≤ 0,5
> 0,5-≤ 1
> 1-≤ 3
> 3-≤ 10
> 10-≤ 20
> 20-≤ 50

3

5

10

20

40

60

100

Number of incremental samples to be taken depending on the weight of the lot of roasted coffee beans,
ground roasted coffee, soluble coffee and dried vine fruit

Lot weight (tonnes)

No of incremental samples

TABLE 3

≤ 0,1
> 0,1-≤ 0,2
> 0,2-≤ 0,5
> 0,5-≤ 1,0
> 1,0-≤ 2,0
> 2,0-≤ 5,0
> 5,0-≤ 10,0
> 10,0-≤ 15,0

10

15

20

30

40

60

80
100’

(b) the following point 4.6(a) is inserted after point 4.6:

‘4.6(a) Sampling provisions for wine and grape juice

The aggregate sample shall be at least 1 kg except where it is not possible e.g. when the sample consists of 1 bottle.

The minimum number of incremental samples to be taken from the lot shall be as given in table 4. The number of
incremental samples determined is function of the usual form in which the products concerned are commercialised. In
the case of bulk liquid products, the lot shall be thoroughly mixed insofar as possible and insofar as it does not affect
the quality of the product, by either manual or mechanical means immediately prior to sampling. In this case, a
homogeneous distribution of ochratoxin A can be assumed within a given lot. It is therefore sufficient to take three
incremental samples from a lot to form the aggregate sample.

The incremental samples, which might frequently be a bottle or a package, shall be of similar weight. The weight of
an incremental sample should be at least 100 grams, resulting in an aggregate sample of at least about 1 kg.
Departure from this procedure must be recorded in the record provided for in point 3.8.

Minimum number of incremental samples to be taken from the lot

TABLE 4

Form of commercialisation

Weight of lot (in litres)

Minimum number of incremental
samples to be taken

Bulk (grape juice, wine)

Bottles/packages grape juice

…

≤ 50

Bottles/packages grape juice

50 to 500

Bottles/packages grape juice

Bottles/packages wine

Bottles/packages wine

Bottles/packages wine

> 500
≤ 50

50 to 500

> 500

3

3

5

10

1

2
3’