Recommendation of the EFTA Surveillance Authority No 119/07/COL of 16 April 2007 on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs
Date: 2007-04-16
Institutions: EFTA Surveillance Authority
Subjects: food inspection, foodstuff, foodstuffs legislation, toxic substance

16.10.2008

EN

Official Journal of the European Union

L 275/65

RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 119/07/COL

of 16 April 2007

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

THE EFTA SURVEILLANCE AUTHORITY,

HAVING REGARD to the Agreement on the European Economic
in
Area (hereinafter
particular Article 109 and Protocol 1 thereof,

the EEA Agreement),

referred to as

WHEREAS it is necessary to generate reliable data across the
European Economic Area on the presence of dioxins, furans
and dioxin-like PCBs in the widest range of
foodstuffs in
order to have a clear picture of the time trends in background
presence of these substances in foodstuffs,

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

HAVING REGARD to the Act referred to at Point 54zn a of
Chapter XII of Annex II to the EEA Agreement,

WHEREAS the EFTA Surveillance Authority Recommendation
the
144/06/COL of 11 May 2006 on the reduction of
presence of dioxins, furans and PCBs in feedingstuffs and food­
stuffs recommends that EFTA States perform random moni­
toring of
if
possible, non-dioxin-like PCBs
in foodstuffs according to
Commission Recommendation 2004/705/EC (3),

the presence of dioxins, dioxin-like PCBs and,

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

as amended and as adapted to the EEA Agreement by Protocol
1 thereto,

WHEREAS Recommendation 2004/705/EC recommends to the
Member States minimum frequency of samples to be analysed
yearly for the different categories of
the
format of reporting of the results for the monitoring of the
background presence of dioxins, furans and dioxin-like PCBs
in foodstuffs,

foodstuffs as well

HAVING REGARD to the Act referred to at Point 54zzc of
Chapter XII of Annex II to the EEA Agreement,

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 (2),

as amended and as adapted to the EEA Agreement by Protocol
1 thereto,

HAVING REGARD to the EFTA Surveillance Authority Decision
37/07/COL of 27 February 2007, whereby the competent
College Member is instructed to adopt the Recommendation if
the draft Recommendation is in accordance with the opinion of
the EFTA Foodstuffs Committee (EFC),

WHEREAS it is appropriate to amend the current monitoring
programme laid down in Recommendation 2004/705/EC by
taking into account the experiences gained and that the EEA
EFTA States participate in the investigation into levels dioxins,
dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs,

in

and

WHEREAS it is important that data gathered under this Recom­
to the EFTA
mendation are reported on a regular basis
that,
Surveillance Authority
accordance with
Article 2(1) of Protocol 1 of
the Surveillance and Court
the EFTA Surveillance Authority passes on that
Agreement,
information to the European Commission, which will ensure
the compilation of
those data into a database. Data from
recent years obtained by making use of a method of analysis
complying with the requirements laid down in Commission
Directive 2002/69/EC should also be provided,

WHEREAS Commission Regulation (EC) No 466/2001 estab­
lishes maximum levels for dioxins and for the sum of dioxins
and dioxin-like Polychlorinated Biphenyls (PCBs) in foodstuffs,

WHEREAS the measures provided for in this Recommendation
are in accordance with the opinion of the EFTA Foodstuffs
Committee assisting the EFTA Surveillance Authority,

(1) OJ L 77, 16.3.2001, p. 1.
(2) OJ L 209, 6.8.2002, p. 5.

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

L 275/66

EN

Official Journal of the European Union

16.10.2008

HEREBY RECOMMENDS THE EFTA STATES:

1. To perform from the year 2007 onwards until 31 December
2008 the monitoring of the background presence of dioxins,
in
furans and dioxin-like polychlorinated biphenyls (PCBs)
foodstuffs using the recommended minimum frequency of
samples to be analysed yearly, as foreseen in the table of
Annex I as guidance.

a method of analysis complying with the requirements, laid
down by Directive 2002/69/EC and reflecting background
levels, should also be provided.

4. References to Recommendation 2004/705/EC in the EFTA
Surveillance Authority Recommendation 144/06/COL of
11 May 2006 shall be construed as references to this
Recommendation.

2. If possible, to also perform the analysis of non dioxin-like

PCBs in the same samples.

Done at Brussels, 16 April 2007.

3. To provide on a regular basis to the EFTA Surveillance
Authority the monitoring data with the information and in
the format as foreseen in Annex II for compilation into one
database. Data from recent years obtained by making use of

For the EFTA Surveillance Authority

Kristján Andri STEFÁNSSON
College Member

Niels FENGER
Director

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Official Journal of the European Union

L 275/67

ANNEX I

Table: Overview of the recommended minimum number of food samples to analyse yearly. Distribution of samples is based on
production in each country. Particular attention is paid to foodstuffs expected to have a large variation in background levels of dioxins,
furans and dioxin-like PCBs. This is particularly the case for fish.

Product, including also
derived products

Aquaculture
(*)

Wild
caught
fish
(**)

Meat
(***)

Milk
(****)

Eggs
(*****)

Other
(******)

Total

No of samples

Norway

Iceland

Remarks on the Table

The figures mentioned in the table are minimum figures. EEA EFTA States are invited to take more samples.

(*) Aquaculture: The samples for aquaculture should be divided over the fish species proportionate to the production.

(**) Wild caught fish: The samples for wild caught fish should be divided over the fish species proportionate to the

catch. Special attention should be paid to wild caught eel.

(***) Meat: In addition to meat and meat products originating from beef cattle, pigs, poultry and sheep, significant
number of samples should be taken from horsemeat, reindeer meat, goat meat, rabbit meat, venison and game.
(****) Milk: A large proportion of the milk samples should be taken from farm milk (mainly cow’s milk). It is also

appropriate to take samples of milk and milk products other than cow’s milk (goat milk, etc …).

(*****) Eggs: Particular attention should be paid to free-range hen eggs and eggs of ducks, geese and quails should also be

sampled.

(******) Other: In this category particular attention should be paid to:

— food supplements (particular those ones based on marine oil),
— food for infants and young children,
— food products originating from regions where due to e.g. climatic conditions resulting in floods, changes have
happened in the production conditions which could possibly affect the dioxin and dioxin-like PCB concen­
tration of the food products in the region.

L 275/68

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Official Journal of the European Union

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

ANNEX II

food

1. General information about the samples analysed

Sample code: identification code of the sample.

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 precisely as possible.

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

Tissue: part of product analysed.

Expression of results: The results are to be expressed on the basis on which the maximum levels have been established. 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.

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.

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

Area: insofar 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., e.g. Brussels — urban area, Mediterranean — open sea. It is of
particular importance to clearly indicate the area in case the sample has been collected from food produced in regions
which have been flooded.

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

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

2. General information on the method of analysis used

Method of analysis: refer to the method used.

Accreditation status: specify if the analytical method is accredited or not.

Uncertainty: the decision limit or the percentage of the expanded measurement uncertainty embodied in the analytical
method.

Lipid extraction method: specify the lipid extraction method used to determine the fat content of the sample.

3. Analytical 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 — nanogram/gram or microgram/kilo (ng/g or
μg/kg).

LOQ: Limit of quantification in pg/g (for dioxins, furans and dioxin-like PCBs) or μg/kg — ng/g (for non-dioxinlike PCBs).

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Official Journal of the European Union

L 275/69

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-6 and dioxin-like PCBs the number of the PCB congener needs to be
added to the form, e.g. 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. General remarks to the table

— Reporting of the recovery rate

The reporting of the recovery rate is optional if the recovery rate for the individual congeners falls within the range of
60-120 %. In case the recovery rate for some individual congeners falls outside that range, the reporting of the
recovery rate is obligatory.

— Reporting of the LOQ

The reporting of the LOQ is not required but in the column of results, the non-quantified congeners have to be
reported as < LOQ (effective figure).

— Reporting of the TEQ value for individual congeners

The column for TEQ values for the individual congeners is optional.

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Official Journal of the European Union

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