Commission Recommendation of  6 February 2006  on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs  (notified under document number C(2006) 235)   (Text with EEA relevance)
Date: 2006-02-06
Institutions: European Commission
Subjects: animal nutrition, food inspection, foodstuff, foodstuffs legislation, toxic substance

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Official Journal of the European Union

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 6 February 2006

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

(notified under document number C(2006) 235)

(Text with EEA relevance)

(2006/88/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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

Whereas:

(1)

(2)

Commission Recommendation 2002/201/EC of 4 March
2002 on the reduction of the presence of dioxins, furans
and PCBs in feedingstuffs and foodstuffs (1) is a part of
an overall strategy to reduce the presence of dioxins,
furans and PCBs in environment,
Its
purpose is to recommend action levels and, over-time,
target levels for feed and food.

feed and food.

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 by Commission Regulation (EC)
No 466/2001 of 8 March 2001 setting maximum levels
for certain contaminants in foodstuffs (2) 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 by Directive 2002/32/EC of
the
European Parliament and of
the Council of 7 May
2002 on undesirable substances in animal feed (3).

(1) OJ L 67, 9.3.2002, p. 69.
(2) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation

(EC) 1822/2005 (OJ L 293, 9.11.2005, p. 11).
(3) OJ L 140, 30.5.2002, p. 10. Directive as

last amended by
Commission Directive 2005/87/EC (OJ L 318, 6.12.2005, p. 19).

(4)

(5)

to Regulation (EC) No 466/2001,

According
the
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.
Directive 2002/32/EC contains a similar review clause
as regards dioxins in feedingstuffs.

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.

Action levels for dioxins have been set by Recommen-
dation 2002/201/EC in order to stimulate a pro-active
approach to reduce the presence of dioxins and dioxin-
like PCBs in food and feed. These action levels are 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. It is
therefore
replace Recommendation
2002/201/EC.

appropriate

to

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(6)

(7)

(8)

the action levels should be periodically
Furthermore,
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 feeding-
stuffs and foodstuffs.

Directive 2002/32/EC provides for the possibility to set
action levels. It is therefore appropriate to transfer the
action levels for dioxins and dioxin-like PCBs in feeding-
stuffs to Directive 2002/32/EC.

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 Scientific Committee for Food (SCF).
They should be set in the light of more accurate infor-
mation 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, feeding-
stuffs and foodstuffs. Given that the determination of
these target levels involves the consideration of many
different
levels
these
setting of
the
should be postponed to the end of 2008,

factors,

target

HEREBY RECOMMENDS:

(1)

(2)

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 and — if
possible- non-dioxin-like PCBs in feed materials, feeding-
stuffs and foodstuffs. This monitoring should be carried
out
Recommendation
2004/704/EC of 11 October 2004 on the monitoring
of background levels of dioxins and dioxin-like PCBs in
feedingstuffs (1)
and Commission Recommendation
2004/705/EC of 11 October 2004 on the monitoring
of background levels of dioxin and dioxin-like PCBs in
foodstuffs (2);

Commission

according

to

That in cases of non-compliance with the provisions of
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
to this Recommendation as
specified in Annex I
regards
II of Directive
and in Annex
2002/32/EC as regards feedingstuffs are found, Member
States, in co-operation with operators,

foodstuffs

(3)

(4)

(5)

(a)

initiate
contamination,

investigations

to identify the

source of

(b) take measures to reduce or eliminate the source of

contamination,

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

for

That Member States in which background levels of dioxin
and dioxin-like PCBs are particularly high set national
feed
action levels
materials,
for
the results obtained in the monitoring
about 5 % of
referred to in point 1, an investigation is undertaken to
identify the source of contamination;

their domestic production of
feedingstuffs and foodstuffs, such that

That Member States inform the Commission and the
other Member States of
the results of
their investigations and the measures taken to reduce
or eliminate the source of contamination;

their findings,

report

the annual

That Member States transmit the information referred to
in point 4 by 31 March of each year at the latest for
foodstuffs and as part of
to be
submitted to the Commission pursuant to Article 22(2)
of Council Directive 95/53/EC (3) for feedingstuffs, except
where the information is of immediate relevance for the
other Member States in which case it should be trans-
mitted immediately. After the implementation of
the
multi-annual national
referred to in
Articles 41 and 42 of Regulation (EC) No 882/2004 of
the European Parliament and of the Council of 29 April
2004 on official controls performed to ensure the veri-
fication of compliance with feed and food law, animal
health and animal welfare rules (4), the information can
be transmitted as part of
to be
submitted to the Commission pursuant to Article 44 of
Regulation (EC) No 882/2004.

control plans

the annual

report

Commission Recommendation 2002/201/EC is hereby
repealed as from 14 November 2006.

Done at Brussels, 6 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 321, 22.10.2004, p. 38.
(2) OJ L 321, 22.10.2004, p. 45.

(3) OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive
2001/46/EC of the European Parliament and of the Council
(OJ
L 234, 2.9.2001, p. 55).

(4) OJ L 165, 30.4.2004, p. 1, as correctd by OJ L 191, 28.5.2004,

p. 1.

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ANNEX

Dioxins (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)), and dioxin-
like PCBs (sum of polychlorinated biphenyls, expressed in World Health Organisation (WHO) toxic equivalents using the
WHO-TEFs (toxic equivalency factors, 1997)).

Food

Action level for
dioxins + furans
(WHO-TEQ) (1)

Action level for
dioxin-like PCBS
(WHO-TEQ) (1)

Target level (sum of
dioxins, furan and
dioxin-like PCBs
(WHO-TEQ)) (1)

Meat and meat products (2)
— of ruminants (bovine animals, sheep)
— of poultry and farmed game
— of pigs

1,5 pg/g fat (3)

1,0 pg/g fat (3)

1,5 pg/g fat (3)

1,5 pg/g fat (3)

0,6 pg/g fat (3)

0,5 pg/g fat (3)

Liver and derived products of terrestrial animals

4,0 pg/g fat (3)

4,0 pg/g fat (3)

Muscle meat of fish and fishery products and products thereof,
with the exception of eel (5) (6) (7)

3,0 pg/g fresh
weight

3,0 pg/g fresh
weight

Muscle meat
thereof (5) (6) (7)

of

eel

(Anguilla

anguilla)

and

products

3,0 pg/g fresh
weight

6,0 pg/g fresh
weight

Milk (8) and milk products, including butter fat

2,0 pg/g fat (3)

2,0 pg/g fat (3)

Hen eggs and egg products (9)

2,0 pg/g fat (3)

2,0 pg/g fat (3)

Oils and fats
– Animal fat
– – from ruminants
– – from poultry and farmed game
– – from pigs
– – mixed animal fats
– Vegetable oil and fats
– Marine oil (fish body oil, fish liver oil and oils from other

marine organisms intended for human consumption)

Fruits, vegetables and cereals

1,5 pg/g fat

1,0 pg/g fat

1,5 pg/g fat

1,5 pg/g fat

0,6 pg/g fat

0,5 pg/g fat

1,5 pg/g fat

0,75 pg/g fat

0,5 pg/g fat

0,5 pg/g fat

1,5 pg/g fat

6,0 pg/g fat

0,4 ng/kg
product

0,2 ng/kg
product

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

(4)

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

the limit of quantification are equal to the limit of quantification.

(2) Meat of bovine animals, sheep, pig, poultry and farmed game as defined in Annex I to Regulation (EC) No 853/2004 of the European
Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, as
corrected by OJ L 226, 25.6.2004, p. 22), but not including edible offal as defined in that Annex.

(3) The action levels are not applicable for food products containing < 1 % fat.
(4) The target levels will be set by the end of the year 2008.
(5) Muscle meat of fish and fishery products as defined in categories (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. Regulation as amended by the 2003 Act of Accession). The action level applies to
crustaceans excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae
and Palinuridae) and to cephalopods without viscera.

(6) Where fish are intended to be eaten whole, the action level shall apply to the whole fish.
(7) When the action level

it will be in some cases not necessary to perform an investigation as regards the source of
contamination as the background level in some areas for some fish species is close to or exceeding the action level. However it is
appropriate in these cases where the action level is exceeded to record all information such as sampling period, geographic origin and
fish species in view of future measures as regards the presence of dioxins and dioxin-like compounds in fish and fishery products.
(8) Milk (raw milk, milk for the manufacture of milk-based products and heat treated milk) as defined in Annex I to Regulation (EC)

is exceeded,

No 853/2004.

(9) Hen eggs and egg products as defined in Annex I to Regulation (EC) No 853/2004.