Commission Directive 2005/7/EC of 27 January 2005 amending Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs - Text with EEA relevance
Date: 2005-01-27
Institutions: European Commission
Subjects: animal nutrition, food inspection, research method, research results, toxic substance

29.1.2005

EN

Official Journal of the European Union

L 27/41

COMMISSION DIRECTIVE 2005/7/EC

of 27 January 2005

amending Directive 2002/70/EC establishing requirements for the determination of levels of dioxins
and dioxin-like PCBs in feedingstuffs

(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 70/373/EEC of 20 July 1970
on the introduction of Community methods of sampling and
feeding-stuffs (1), and in
analysis for the official control of
particular Article 2 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

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), lays
down specific provisions concerning the methods of
analysis to be applied for the official control provided
for in Directive 70/373/EEC.

sampling for

The sampling procedure laid down in Commission
Directive 76/371/EEC of 1 March 1976 establishing
the official
Community methods of
feedingstuffs (3) has to be applied for the
control of
official control of the levels of dioxins and the determi-
nation of dioxin-like PCBs in certain feedingstuffs. It is
appropriate to specify that the quantitative requirements
in relation to the control of substances or products
uniformly
feedingstuffs
should be applied.

throughout

distributed

the

It
is of major importance that analytical results are
reported and interpreted in a uniform way in order to
ensure a harmonised implementation approach in all
Member States.

Directive 2002/70/EC should therefore be amended
accordingly.

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

in this Directive are in
Standing
the

opinion

the

of

Article 1

The Annexes
accordance with the Annex to this Directive.

to Directive 2002/70/EC are

amended in

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
its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 27 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 170, 3.8.1970, p. 2. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 209, 6.8.2002, p. 15.
(3) OJ L 102, 15.4.1976, p. 1.

L 27/42

EN

Official Journal of the European Union

29.1.2005

ANNEX

The Annexes to Directive 2002/70/EC are amended as follows:

(1) Annex I is replaced by the following:

‘1. Purpose and scope

The samples intended for the official control of the levels of dioxins (PCDD/PCDF) content, as well for the determi-
nation of the content of dioxin like PCBs (*) in feedingstuffs, shall be taken in accordance with the provisions of
Directive 76/371/EEC. The quantitative requirements in relation to the control of substances or products uniformly
distributed throughout the feedingstuffs as provided for in point 5.A of the Annex to Directive 76/371/EEC have to
be applied. Aggregate samples thus obtained shall be considered as representative for the lots or sublots from which
they are taken. Compliance with maximum levels laid down in Directive 2002/32/EC of the European Parliament and
of the Council (**) shall be established on the basis of the levels determined in the laboratory samples.

2. Compliance of the lot or sublot with the specification

The lot is accepted if the analytical result of a single analysis does not exceed the respective maximum level as laid
down in Directive 2002/32/EC taking into account the measurement uncertainty.
The lot is non-compliant with the maximum level as laid down in Directive 2002/32/EC, if the analytical result
confirmed by duplicate analysis and calculated as mean of at least two separate determinations exceeds the maximum
level beyond reasonable doubt taking into account the measurement uncertainty.
Measurement uncertainty may be taken into account according to one of the following approaches:
— by calculating the expanded uncertainty, using a coverage factor of 2 which gives a level of confidence of

approximately 95 %,

— by establishing the decision limit (CCα) in accordance with Commission Decision 2002/657/EC (***) (point 3.1.2.5

of the Annex — the case of substances with established permitted level).

The present interpretation rules apply for the analytical result obtained on the sample for official control. It does not
affect the right of Member States to apply national rules to analyses for defence or referee purposes referred to in
Article 18 of Directive 95/53 (****).
___________

(*)

Table of dioxin-like PCBs

Congener

TEF value

Congener

Dibenzo-p-dioxins (“PCDDs”)

OCDF

TEF value

0,0001

2,3,7,8-TCDD

1,2,3,7,8-PeCDD

1,2,3,4,7,8-HxCDD

1,2,3,6,7,8-HxCDD

1,2,3,7,8,9-HxCDD

1,2,3,4,6,7,8-HpCDD

OCDD
Dibenzofurans (“PCDFs”)

2,3,7,8-TCDF

1,2,3,7,8-PeCDF

2,3,4,7,8-PeCDF

1,2,3,4,7,8-HxCDF

1,2,3,6,7,8-HxCDF

1,2,3,7,8,9-HxCDF

2,3,4,6,7,8-HxCDF

1,2,3,4,6,7,8-HpCDF

1

1

0,1

0,1

0,1

0,01

0,0001

0,1

0,05

0,5

0,1

0,1

0,1

0,1

0,01

“Dioxin-like” PCBs: Non-ortho
PCBs + Mono-ortho PCBs)

Non-ortho PCBs

PCB 77

PCB 81

PCB 126

PCB 169

Mono-ortho PCBs

PCB 105

PCB 114

PCB 118

PCB 123

PCB 156

PCB 157

PCB 167

0,0001

0,0001

0,1

0,01

0,0001

0,0005

0,0001

0,0001

0,0005

0,0005

0,00001

1,2,3,4,7,8,9-HpCDF
Abbreviations used: “T” = tetra; “Pe” = penta; “Hx” = hexa; “Hp” = hepta; “O” = octa; “CDD” = chlorodibenzo-p-dioxin; “CDF” =
chlorodibenzofuran; “CB” = chlorobiphenyl.

PCB 189

0,0001

0,01

OJ L 140, 30.5.2002, p. 10.

(**)
(***) OJ L 221, 17.8.2002, p. 8.
(****) OJ L 265, 8.11.1995, p. 17.’

29.1.2005

EN

Official Journal of the European Union

L 27/43

(2) In Annex II, the following paragraph is added at the end of point 2 Background:

‘For the purposes of this Directive only, the accepted specific limit of quantification of an individual congener is the
concentration of an analyte in the extract of a sample which produces an instrumental response at two different ions
to be monitored with an S/N (signal/noise) ratio of 3:1 for the less sensitive signal and fulfilment of the basic
requirements such as e.g. retention time, isotope ratio according to the determination procedure as described in EPA
method 1613 revision B.’