CELEX: 32004H0705
Language: en
Date: 2004-10-11 00:00:00
Title: 2004/705/EC: Commission Recommendation of 11 October 2004 on the monitoring of background levels of dioxins and dioxin-like PCBs in foodstuffs (notified under document number C(2004) 3462)Text with EEA relevance

22.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 321/45
            
         
      COMMISSION RECOMMENDATION
   
   of 11 October 2004
   on the monitoring of background levels of dioxins and dioxin-like PCBs in foodstuffs
   (notified under document number C(2004) 3462)
   (Text with EEA relevance)
   (2004/705/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular the second indent of Article 211 thereof,
   Whereas:
   
               (1)
            
            
               Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (1), establishes maximum levels for dioxins in foodstuffs.
            
         
               (2)
            
            
               Although, from a toxicological point of view, the maximum level should include dioxins, furans and dioxin-like PCBs, maximum levels have been set only for dioxins and furans and not for dioxin-like PCBs, given the very limited data available on the prevalence of the latter. The aforementioned Regulation provides for a review of the maximum levels for the first time, by 31 December 2004 at the latest, 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.
            
         
               (3)
            
            
               Regulation (EC) No 466/2001 provides for a further review of the maximum levels for dioxins and dioxin-like PCBs by 31 December 2006 at the latest with the aim of significantly reducing the maximum levels.
            
         
               (4)
            
            
               It is necessary to generate reliable data across the European Community 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.
            
         
               (5)
            
            
               The relationship between the presence of dioxins, furans, dioxin-like PCBs and non-dioxin-like PCBs is important but to a certain extent unknown. It is therefore appropriate to analyse the selected samples also for non-dioxin-like PCBs where possible.
            
         
               (6)
            
            
               Commission Recommendation 2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and foodstuffs (2), recommends that Member States perform random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs, proportionate to their production and consumption of foodstuffs. This monitoring should be carried out following detailed guidelines established by the Standing Committee on the Food Chain and Animal Health. These guidelines should contain, in order to ensure a high degree of uniformity across the European Community, provisions, inter alia, concerning the minimum frequency and the format of reporting of the results.
            
         
               (7)
            
            
               It is important that these data are reported on a regular basis to the Commission. The Commission will ensure the compilation of these data into a database which will be publicly available for consultation.
            
         
               (8)
            
            
               The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined the European Community on 1 May 2004. It is appropriate that the new Member States participate in the monitoring programme as soon as possible. It is however acknowledged that it is appropriate to provide a transitional arrangement for the new Member States and that for the time being no detailed minimum frequency for the random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs is recommended for the new Member States,
            
         HEREBY RECOMMENDS:
   
               1.
            
            
               That Member States perform, from the year 2004 onwards until 31 December 2006, the monitoring of the background presence of dioxins, furans and dioxin-like PCBs in foodstuffs using the recommended minimum frequency of samples to be analysed yearly, as foreseen in the table of Annex I as guidance. The frequency of the samples should be reviewed each year in the light of the experience gained.
            
         
               2.
            
            
               That the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia participate as soon as possible in the monitoring programme on the presence of dioxins, furans and dioxin-like PCBs in foodstuffs. The frequency of the samples to be analysed yearly by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia will be established from the year 2005 onwards.
            
         
               3.
            
            
               That Member States provide, on a regular basis to the Commission, the monitoring data with the information and in the format as provided for in Annex II for compilation into one database. It is appropriate that data from recent years obtained by making use of a method of analysis complying with the requirements laid down by 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 (3) and reflecting background levels are also provided.
            
         
               4.
            
            
               That Member States, if possible, also perform the analysis on non-dioxin-like PCBs in the same samples.
            
         
      Done at Brussels, 11 October 2004.
      
         
            For the Commission
         
         David BYRNE
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 684/2004 (OJ L 106, 15.4.2004, p. 6).
   
      (2)  OJ L 67, 9.3.2002, p. 69.
   
      (3)  OJ L 209, 6.8.2002, p. 5. Directive as amended by Directive 2004/44/EC (OJ L 113, 20.4.2004, p. 17).
   
      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.
      
      
         
      
                  Country (1)
                  
               
               
                  N (2)
                  
               
               
                  Meat and meat products (3)
                  
               
               
                  Fish and fishery products (4)
                  
               
               
                  Milk and milk products (5)
                  
               
               
                  Eggs (6)
                  
               
               
                  Oils and fats (7)
                  
               
               
                  Fruit, vegetables and cereals (8)
                  
               
            
                  Beef
               
               
                  Pigs
               
               
                  Sheep
               
               
                  Poultry
               
               
                  Liver
               
               
                  Fish
               
               
                  Aquaculture products
               
               
                  Milk
               
               
                  Butter/cheese/ yoghurt
               
               
                  Cage eggs
               
               
                  Free-range eggs
               
               
                  Animal
               
               
                  Vegetable
               
               
                  Fish oils/ food supplements
               
               
                  Vegetables
               
               
                  Fruit
               
               
                  Cereals
               
            
                  Belgium
               
               
                  53
               
               
                  4
               
               
                  4
               
               
                  2
               
               
                  4
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  4
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  4
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  Denmark
               
               
                  66
               
               
                  3
               
               
                  5
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  15
               
               
                  5
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  6
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  Germany
               
               
                  147
               
               
                  13
               
               
                  13
               
               
                  3
               
               
                  6
               
               
                  7
               
               
                  7
               
               
                  5
               
               
                  14
               
               
                  14
               
               
                  10
               
               
                  11
               
               
                  12
               
               
                  14
               
               
                  4
               
               
                  4
               
               
                  2
               
               
                  8
               
            
                  Greece
               
               
                  55
               
               
                  2
               
               
                  2
               
               
                  7
               
               
                  3
               
               
                  2
               
               
                  4
               
               
                  7
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  4
               
               
                  2
               
               
                  2
               
            
                  Spain
               
               
                  151
               
               
                  7
               
               
                  9
               
               
                  11
               
               
                  7
               
               
                  6
               
               
                  33
               
               
                  16
               
               
                  3
               
               
                  3
               
               
                  7
               
               
                  7
               
               
                  4
               
               
                  10
               
               
                  5
               
               
                  9
               
               
                  10
               
               
                  4
               
            
                  France
               
               
                  168
               
               
                  14
               
               
                  8
               
               
                  5
               
               
                  15
               
               
                  11
               
               
                  18
               
               
                  16
               
               
                  12
               
               
                  14
               
               
                  12
               
               
                  6
               
               
                  6
               
               
                  6
               
               
                  3
               
               
                  6
               
               
                  4
               
               
                  12
               
            
                  Ireland
               
               
                  61
               
               
                  7
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  9
               
               
                  3
               
               
                  3
               
               
                  5
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  4
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  Italy
               
               
                  126
               
               
                  10
               
               
                  5
               
               
                  5
               
               
                  8
               
               
                  5
               
               
                  8
               
               
                  14
               
               
                  6
               
               
                  3
               
               
                  8
               
               
                  15
               
               
                  3
               
               
                  7
               
               
                  3
               
               
                  12
               
               
                  10
               
               
                  4
               
            
                  Luxembourg
               
               
                  30
               
               
                  2
               
               
                  2
               
               
                  1
               
               
                  2
               
               
                  1
               
               
                  3
               
               
                  1
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  1
               
               
                  1
               
               
                  2
               
               
                  1
               
               
                  1
               
               
                  1
               
            
                  Netherlands
               
               
                  88
               
               
                  6
               
               
                  6
               
               
                  3
               
               
                  6
               
               
                  4
               
               
                  14
               
               
                  7
               
               
                  5
               
               
                  6
               
               
                  7
               
               
                  3
               
               
                  3
               
               
                  7
               
               
                  3
               
               
                  4
               
               
                  2
               
               
                  2
               
            
                  Austria
               
               
                  52
               
               
                  4
               
               
                  4
               
               
                  2
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  7
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  Portugal
               
               
                  51
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  4
               
               
                  2
               
               
                  6
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  Finland
               
               
                  45
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  2
               
               
                  1
               
               
                  4
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  Sweden
               
               
                  54
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  2
               
               
                  10
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  4
               
               
                  3
               
               
                  2
               
               
                  2
               
            
                  United Kingdom
               
               
                  113
               
               
                  7
               
               
                  4
               
               
                  10
               
               
                  10
               
               
                  4
               
               
                  24
               
               
                  12
               
               
                  7
               
               
                  4
               
               
                  7
               
               
                  3
               
               
                  3
               
               
                  5
               
               
                  4
               
               
                  3
               
               
                  2
               
               
                  4
               
            
                  Total EU
               
               
                  1 260
               
               
                  88
               
               
                  74
               
               
                  59
               
               
                  79
               
               
                  56
               
               
                  161
               
               
                  101
               
               
                  74
               
               
                  74
               
               
                  78
               
               
                  75
               
               
                  49
               
               
                  75
               
               
                  53
               
               
                  64
               
               
                  47
               
               
                  53
               
            
                  Iceland
               
               
                  67
               
               
                  2
               
               
                  2
               
               
                  1
               
               
                  2
               
               
                  1
               
               
                  29
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  1
               
               
                  1
               
               
                  12
               
               
                  1
               
               
                  1
               
               
                  1
               
            
                  Norway
               
               
                  125
               
               
                  3
               
               
                  3
               
               
                  2
               
               
                  3
               
               
                  3
               
               
                  46
               
               
                  28
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  3
               
               
                  10
               
               
                  3
               
               
                  3
               
               
                  3
               
            
                  Total EEA
               
               
                  1 452
               
               
                  93
               
               
                  79
               
               
                  62
               
               
                  84
               
               
                  60
               
               
                  236
               
               
                  131
               
               
                  80
               
               
                  80
               
               
                  84
               
               
                  80
               
               
                  53
               
               
                  79
               
               
                  75
               
               
                  68
               
               
                  51
               
               
                  57
               
            
                  
                      ()
                  
                  
                      ()
                  
                  
                      ()
                  
                  
                      ()
                  
                  
                      ()
                  
                  
                      ()
                  
                  
                      ()
                  
               
            
         (1)  The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia joined the European Community on 1 May 2004. It is appropriate that the new Member States participate in the monitoring programme as soon as possible. It is however acknowledged that it is appropriate to provide a transitional arrangement for these new Member States and therefore no detailed minimum frequency for the random monitoring of the presence of dioxins, furans and dioxin-like PCBs in foodstuffs is recommended for these countries.
      Remarks on the table
      
          ()
      
      
          ()
      
      
          ()
      
      
          ()
      
      
          ()
      
      
          ()
      
      
          ()
      
      
         (2)  The figures mentioned in the table are minimum figures. Member States are invited to take more samples. The additional samples should be preferably taken from the categories of foodstuffs contributing significantly to the exposure: i.e. meat and meat products, fish and dairy products (farm milk).
      
         (3)  Meat and meat products: in addition to the mentioned categories, a number of samples should be taken from horsemeat, goatmeat, rabbitmeat and, to a limited extent, game.
      
         (4)  Fish and fishery products: the samples for wild fish and aquaculture should be divided over the species proportionate to the catch or production (for aquaculture). As guidance, the species-specific data on catch and production of fish and fishery products available in the brochure ‘Facts and figures on the CFP – basic data on the Common Fisheries Policy’, European Communities, 2004 can be used.
      Using these data following numbers of samples to be taken for different fish species and fishery products can be given as guidance
      Catches for Member States ≥ 10 samples recommended
      Denmark: 15 samples  4 herring, 4 blue mussel, 7 other
      Spain: 33 samples  7 skipjack tuna, 4 pilchard, 5 yellowfin tuna, 2 horse mackerel, 2 short-fin squid, 13 other
      France: 18 samples  3 skipjack tuna, 3 yellowfin tuna, 2 pilchard, 2 saithe, 2 herring, 6 other
      Netherlands: 14 samples  4 sardinellas, 2 horse mackerel, 3 herring, 2 mackerel and 3 other
      Sweden: 10 samples  5 herring, 4 sprat and 1 cod
      United Kingdom: 24 samples  6 mackerel, 4 herring, 3 haddock, 2 cod and 9 other
      Aquaculture products for Member States ≥ 5 samples recommended
      Denmark: 5 samples  4 trout and 1 eel
      Germany: 5 samples  2 mussels, 2 trout and 1 carp
      Greece: 7 samples  3 seabream, 2 seabass, 1 mussels and 1 other
      Spain: 16 samples  8 mussels, 3 trout, 1 seabream, 1 oyster, 1 tuna and 2 other
      France: 16 samples  8 oysters, 4 mussels, 3 trout and 1 carp
      Italy: 14 samples  6 mussels, 3 clam, 3 trout, 1 seabass, 1 seabream
      Netherlands: 7 samples  4 mussels, 1 eel, 1 oyster and 1 catfish
      United Kingdom: 12 samples  9 salmon, 2 trout and 1 mussel
      
         (5)  Milk and milk products: at least four fifths of the milk samples should be taken from farm milk (mainly cow’s milk). It is also appropriate to take some additional samples of milk and milk products other than cow’s milk (goat milk etc.).
      
         (6)  Eggs: in addition to hen eggs, eggs of ducks, geese and quail should also be sampled.
      
         (7)  Oils and fats: it is appropriate that in addition to fish oil, also food supplements on the basis of fish oil (fish body oils and fish liver oils) are sampled.
      
         (8)  Vegetables: mainly leafy vegetables but also potatoes and other root and tuber vegetables.
      
         Fruit: including berries and strawberries.
   
   
      ANNEX II
      A.   Explanatory notes to the form for analytical results of dioxins, furans and dioxin-like PCBs and other PCBs in food
      1.   General information about the samples analysed
      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 precise as possible
      Stage of marketing: place where the product (sample) was collected
      Tissue: part of product analysed, for example, fat or muscle
      Expression of results: the results are to be expressed on the basis on which the maximum levels have been established (Council Regulation (EC) No 2375/2001). 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
      Methods: refer to the method used
      Accredited: specify if the analytical method is accredited or not
      Uncertainty (%): the percentage of the measurement uncertainty embodied in the analytical method.
      2.   Specific information about the samples analysed
      Sample No: number of samples of same kind of product analysed. If you have results of more samples than there are marked columns, just add new columns with the number at the end of the form.
      Method of production: conventional/organic (as detailed as possible)
      Area: insofar as 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. For example, Brussels — urban area, Mediterranean — open sea.
      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.
      Fat content (%): the percentage of fat content in the sample
      Moisture content (%): the percentage of moisture content in the sample (if available).
      3.   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 — microgram/kilo (μg/kg).
      LOQ: limit of quantification in pg/g or μg/kg (for non dioxin-like PCBs)
      LOD: limit of detection in pg/g or μg/kg (for non dioxin-like PCBs)
      For congeners determined but below the LOD (limit of detection) the case of results should be filled in as < LOD (the LOD should be reported as a value).
      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-7 and dioxin-like PCBs the number of the PCB congener need to be added to the form, for example, 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.   Remarks
      Besides the lipid extraction method used, additional relevant remarks to the submitted data can be mentioned.
      B.   Form for reporting of congener specific analytical results of dioxins, furans, dioxin-like PCBs and other PCBs in food