Commission Directive 2001/22/EC
of 8 March 2001
laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption(1), and in particular Article 1 thereof,
Whereas:
(1) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food(2) provides that maximum levels must be set for certain contaminants in foodstuffs in order to protect public health.
(2) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(3) establishes, besides others, maximum levels for lead, cadmium, mercury and 3-monochloropropane-1,2-diol (3-MCPD) in foodstuffs and makes reference to the measures laying down the sampling and analysis methods to be used.
(3) Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs(4) lays down the general principles for the performance of control of foodstuffs. Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(5) introduces a system of quality standards for laboratories entrusted by the Member States with the official control of foodstuffs.
(4) Sampling plays a crucial role in obtaining representative results for the determination of the levels of the contaminants which may be heterogeneously distributed in a lot.
(5) Directive 85/591/EEC has fixed general criteria for methods of sampling and analysis but in certain cases more specific criteria become necessary in order to ensure that laboratories, in charge of the control, use methods of analysis with comparable levels of performance.
(6) The provisions for the sampling and methods of analysis have been drawn up on the basis of present knowledge and they may be adapted to take account of advances in scientific and technological knowledge.
(7) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs,
The Member States shall take all measures necessary to ensure that the sampling for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs is carried out in accordance with the methods described in Annex I to this Directive.
The Member States shall take all measures necessary to ensure that sample preparation and methods of analyses used for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs comply with the criteria described in Annex II to this Directive.
The Member States shall, not later than 5 April 2003, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive. They shall forthwith notify the Commission thereof.
When Member States adopt these provisions, the provisions shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.