Recommendation of the EFTA Surveillance Authority No 144/06/COL of 11 May 2006 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs
Date: 2006-05-11
Institutions: EFTA Surveillance Authority
Subjects: EFTA countries, animal nutrition, food inspection, food safety, food standard, foodstuff, toxic substance

21.12.2006

EN

Official Journal of the European Union

L 366/93

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 144/06/COL

of 11 May 2006

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

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area
(EEA), and in particular Article 109 and Protocol 1 thereof,

Having regard to the Agreement between the EFTA States on the
Establishment of a Surveillance Authority and a Court of Justice,
and in particular Article 5(2)(b) and Protocol 1 thereof,

Having regard to the Act referred to at point 33 of Chapter II of
Annex I to the EEA Agreement (Council Directive 2002/32/EC of
7 May 2002 on undesirable substances in animal
as
amended, and as adapted to the EEA Agreement by Protocol 1
thereto,

feed (1)

Having regard to Act referred to at point 54zn of Chapter XII of
Annex II to the EEA Agreement (Commission Regulation (EC)
No 466/2001 of 8 March 2001 setting maximum levels for certain
contaminants in foodstuffs (2) as amended, and as adapted to the
EEA Agreement by Protocol 1 thereto,

Having regard to the EFTA Surveillance Authority Decision 84/
06/COL of 6 April 2006, whereby the competent Member of the
College is instructed to adopt the Recommendation if the draft
Recommendation is in accordance with the opinion of the EFTA
Plants and Animal Feedingstuffs Committee and the EFTA
Foodstuffs Committee,

Whereas:

(1)

This Recommendation is a part of an overall strategy to
reduce the presence of dioxins,
furans and PCBs in
environment, feed and food. Its purpose is to recommend
action levels for feed and food.

(2) 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
for dioxin-like PCBs given the very limited data
not
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 in
the Act referred to at point 33 of Chapter II of Annex I of
the EEA Agreement (Council Directive 2002/32/EC).

(3) According to Regulation (EC) No 466/2001, the European
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. The Act referred to
at point 33 of Chapter II of Annex I of the EEA Agreement
(Directive 2002/32/EC) contains a similar review clause as
regards dioxins in feedingstuffs.

(4)

(5)

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
should remain
applicable for a transitional period in addition to the newly
set levels for the sum of dioxins and dioxin-like PCBs.

for dioxins

It is generally recognised that in order to actively reduce the
presence of dioxins and dioxin-like PCBs in food and feed
maximum levels should be accompanied by measures to
stimulate a pro-active approach, including the setting of
action levels for food and feed. These action levels should
for competent authorities and operators to
be a tool
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.

(6)

the action levels

Furthermore,
should be periodically
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 feedingstuffs and
foodstuffs.

(1) OJ L 140, 30.5.2002, p. 10. Directive as

last amended by

Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).
(2) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).

(7)

The participation of the EFTA States in the programmes
within the scope of Annex I of this Recommendation will
have to be evaluated with respect to their exemptions from
Chapter II of Annex I to the EEA Agreement.

L 366/94

EN

Official Journal of the European Union

21.12.2006

(8)

The measures provided for in this Recommendation are in
accordance with the opinion of
the EFTA Foodstuffs
Committee and the EFTA Plants and Animal Feedingstuffs
Committee assisting the EFTA Surveillance Authority.

HEREBY RECOMMENDS:

(1) That

the EFTA 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, feedingstuffs and
foodstuffs.

This monitoring should be carried out according to EFTA
Surveillance Authority Recommendation No 3/05/COL of
19 January 2005 on the monitoring of background levels
of dioxins and dioxin-like PCBs
in feedingstuffs and
Commission Recommendation 2004/705/EC of 11 October
2004 on the monitoring of background levels of dioxin and
dioxin-like PCBs in foodstuffs (3).

(2) That in cases of non-compliance with the provisions of the
Act referred to at point 33 of Chapter II of Annex I of the
EEA Agreement (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 specified in Annex I to this Recommendation as
regards foodstuffs and in Annex II of the Act referred to at
point 33 of Chapter II of Annex I of the EEA Agreement.
(Directive 2002/32/EC) as regards feedingstuffs are found,
and in co-operation with operators,

(3) That the EFTA States in which background levels of dioxin
and dioxin-like PCBs are particularly high, set national
action levels
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.

their domestic production of

for

(4) That

the EFTA States

inform the EFTA Surveillance
Authority and the other EFTA States of their findings, the
results of their investigations and the measures taken to
reduce or eliminate the source of contamination.

(9) That the EFTA States transmit the information referred to in
point 4 by 31 March of each year at the latest for foodstuffs
and as part of the annual report to be submitted to the
Authority pursuant to Article 22(2) of the Act referred to at
point 31a of Chapter II of Annex I to the EEA Agreement
(Council Directive 95/53/EC of 25 October 1995 fixing the
principles governing the organization of official inspections in the
field of animal nutrition (4) for feedingstuffs, except where the
information is of immediate relevance for the other EEA
States in which case it should be transmitted immediately.
In accordance with Article 2(1) of Protocol 1 of
the
Surveillance and Court Agreement, the EFTA Surveillance
Authority shall pass on that information to the European
Commission.

(a)

(b)

initiate investigations
contamination,

to identify the source of

Done at Brussels, 11 May 2006.

take measures to reduce or eliminate the source of
contamination,

(c)

check for the presence of non-dioxin-like PCBs.

For the EFTA Surveillance
Authority
Kristján Andri STEFÁNSSON
College Member

Niels FENGER
Director

(3) OJ L 321, 22.10.2004, p. 45.

(4) OJ L 265, 08.11.1995, p. 17. Directive as last amended by Directive
2001/46/EC of the Européan parliament and of the Council (OJ
L 234, 1. 9. 2001, p. 55).

21.12.2006

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Official Journal of the European Union

L 366/95

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)

Meat and meat products

— of ruminants (bovine animals, sheep)

1,5 pg/g fat (2)

1,0 pg/g fat (2)

— of poultry and farmed game

— of pigs

Liver and derived products of terrestrial animals

Muscle meat of fish and fishery products and
products thereof, with the exception of eel (3) (4)

Muscle meat of eel (Anguilla anguilla) and products
thereof (3) (4)

Milk and milk products, including butter fat

Hen eggs and egg products

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)

1,5 pg/g fat (2)
0,6 pg/g fat (2)
4,0 pg/g fat (2)

1,5 pg/g fat (2)
0,5 pg/g fat (2)
4,0 pg/g fat (2)

3,0 pg/g fresh weight

3,0 pg/g fresh weight

3,0 pg/g fresh weight

6,0 pg/g fresh weight

2,0 pg/g fat (2)

2,0 pg/g fat (2)

2,0 pg/g fat (2)

2,0 pg/g fat (2)

1,5 pg/g fat

1,5 pg/g fat

0,6 pg/g fat

1,5 pg/g fat

0,5 pg/g fat

1,5 pg/g fat

1,0 pg/g fat

1,5 pg/g fat

0,5 pg/g fat

0,75 pg/g fat

0,5 pg/g fat

6,0 pg/g fat

Fruits, vegetables and cereals

0,4 ng/kg product

0,2 ng/kg product

(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) The action levels are not applicable for food products containing < 1 % fat.
(3) Where fish are intended to be eaten whole, the action level shall apply to the whole fish.
(4) When the action level is exceeded, 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.