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Commission Regulation (EC) No 1883/2006

of 19 December 2006

laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs

(Text with EEA relevance) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1), and in particular Article 11 (4) thereof,

Whereas:

(1) Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs(2) provides for maximum levels for dioxins and furans and for the sum of dioxins, furans and dioxin-like PCBs in certain foodstuffs.

(2) 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) establishes specific provisions concerning the sampling procedure and the methods of analysis to be applied for the official control.

(3) The application of new maximum levels for the sum of dioxins, furans and dioxin-like PCBs requires amendments to Directive 2002/69/EC. For reasons of clarity, it is appropriate to replace Directive 2002/69/EC by this Regulation.

(4) The provisions laid down in this Regulation relate only to the sampling and analysis of dioxins and dioxin-like PCBs for the implementation of Regulation (EC) No 1881/2006 and do not affect the sampling strategy, sampling levels and frequency as specified in Annexes III and IV of Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(4). They do not affect the targeting criteria for sampling as laid down in Commission Decision 98/179/EC of 23 February 1998 laying down detailed rules on official sampling for the monitoring of certain substances and residues thereof in live animals and animal products(5).

(5) A screening method of analysis with proven, widely acceptable validation and high throughput should be used to select the samples with significant levels of dioxins and dioxin-like PCBs. The levels of dioxins and dioxin-like PCBs in these samples need to be determined by a confirmatory method of analysis. It is therefore appropriate to establish strict requirements for the confirmatory methods of analysis and minimum requirements for the screening method.

(6) For the sampling of very large fishes, it is necessary that the sampling is specified in order to ensure a harmonised approach throughout the Community.

(7) In fishes of the same species and originating from the same region, the level of dioxins and dioxin-like PCBs in the fish can be different dependent on the size and or age of the fish. Moreover the level of dioxins and dioxin-like PCBs is not necessarily the same in all parts of the fish. Therefore in case of sampling of fishes, it is necessary that the sampling and sample preparation is specified in order to ensure a harmonised approach throughout the Community.

(8) It is of major importance that analytical results are reported and interpreted in a uniform way in order to ensure a harmonised enforcement approach throughout the Community.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1U.K.

Sampling for the official control of the levels of dioxins, furans and dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Regulation (EC) No 1881/2006 shall be carried out in accordance with the methods set out in Annex I to this Regulation.

Article 2U.K.

Sample preparation and analyses for the official control of the levels of dioxins, furans and dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Regulation (EC) No 1881/2006 shall be carried out in accordance with the methods set out in Annex II to this Regulation.

Article 3U.K.

Directive 2002/69/EC is hereby repealed. References to the repealed Directive shall be construed as references to this Regulation.

Article 4U.K.

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 March 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 2006.

For the Commission

Markos Kyprianou

Member of the Commission

ANNEX IU.K.METHODS OF SAMPLING FOR OFFICIAL CONTROL OF LEVELS OF DIOXINS (PCDD/PCDF) AND DIOXIN-LIKE PCBs IN CERTAIN FOODSTUFFS

1.SCOPEU.K.

Samples intended for the official control of the levels of dioxins (PCDD/PCDF) and dioxin like PCBs in foodstuffs shall be taken according to the methods described in this Annex. Aggregate samples thus obtained shall be considered as representative of the lots or sublots from which they are taken. Compliance with maximum levels laid down in Commission Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs shall be established on the basis of the levels determined in the laboratory samples.

2.DEFINITIONSU.K.

Lot: an identifiable quantity of food delivered at one time and determined by the official to have common characteristics, such as origin, variety, type of packing, packer, consignor or markings. In the case of fish and fishery products, also the size of fish shall be comparable. In case the size and/or weight of the fish is not comparable within a consignment, the consignment may still be considered as a lot but a specific sampling procedure has to be applied.

3.GENERAL PROVISIONSU.K.

3.1.PersonnelU.K.

Sampling shall be performed by an authorised person as designated by the Member State.

3.2.Material to be sampledU.K.

Each lot or sublot, which is to be examined, shall be sampled separately.

3.3.Precautions to be takenU.K.

In the course of sampling and preparation of the samples, precautions shall be taken to avoid any changes, which would affect the content of dioxins and dioxin-like PCBs, adversely affect the analytical determination or make the aggregate samples unrepresentative.

3.4.Incremental samplesU.K.

As far as possible incremental samples shall be taken at various places distributed throughout the lot or sublot. Departure from such procedure shall be recorded in the record provided for under part 3.8 of this Annex.

3.5.Preparation of the aggregate sampleU.K.

The aggregate sample shall be made up by combining the incremental samples. It shall be at least 1 kg unless not practical, e.g. when a single package has been sampled.

3.6.Replicate samplesU.K.

The replicate samples for enforcement, defence and reference purposes shall be taken from the homogenised aggregate sample, unless such procedure conflicts with Member States’ rules as regard the rights of the food business operator. The size of the laboratory samples for enforcement shall be sufficient to allow at least for duplicate analyses.

3.7.Packaging and transmission of samplesU.K.

Each sample shall be placed in a clean, inert container offering adequate protection from contamination, from loss of analytes by adsorption to the internal wall of the container and against damage in transit. All necessary precautions shall be taken to avoid any change in composition of the sample, which might arise during transportation or storage.

3.8.Sealing and labelling of samplesU.K.

Each sample taken for official use shall be sealed at the place of sampling and identified following the rules of the Member States.

A record shall be kept of each sampling, permitting each lot to be identified unambiguously and giving the date and place of sampling together with any additional information likely to be of assistance to the analyst.

4.SAMPLING PLANSU.K.

The sampling method applied shall ensure that the aggregate sample is representative for the (sub)lot that is to be controlled.

4.1.Division of lots into sublotsU.K.

Large lots shall be divided into sublots on condition that the sublot can be separated physically. For products traded in large bulk consignments (e.g. vegetable oils) Table 1 shall apply. For other products Table 2 shall apply. Taking into account that the weight of the lot is not always an exact multiple of the weight of the sublots, the weight of the sublot may exceed the mentioned weight by a maximum of 20 %.

Table 1

Subdivision of lots into sublots for products traded in bulk consignments

Lot weight (ton)Weight or number of sublots
≥ 1 500500 tonnes
> 300 and < 1 5003 sublots
≥ 50 and ≤ 300100 tonnes
< 50
Table 2

Subdivision of lots into sublots for other products

Lot weight (ton)Weight or number of sublots
≥ 1515-30 tonnes
< 15

4.2.Number of incremental samplesU.K.

The aggregate sample uniting all incremental samples shall be at least 1 kg (see part 3.5 of this Annex).

The minimum number of incremental samples to be taken from the lot or sublot shall be as given in Tables 3 and 4.

In the case of bulk liquid products the lot or sublot shall be thoroughly mixed insofar as possible and insofar it does not affect the quality of the product, by either manual or mechanical means immediately prior to sampling. In this case, a homogeneous distribution of contaminants is assumed within a given lot or sublot. It is therefore sufficient to take three incremental samples from a lot or sublot to form the aggregate sample.

The incremental samples shall be of similar weight. The weight of an incremental sample shall be at least 100 grams.

Departure from this procedure must be recorded in the record provided for under part 3.8 of this Annex. In accordance with the provisions of Commission Decision 97/747/EC of 27 October 1997 fixing the levels and frequencies of sampling provided for by Council Directive 96/23/EC for the monitoring of certain substances and residues thereof in certain animal products(6), the aggregate sample size for hen eggs is at least 12 eggs (for bulk lots as well for lots consisting of individual packages, Tables 3 and 4).

Table 3

Minimum number of incremental samples to be taken from the lot or sublot

Weight or volume of lot/sublot (in kg or litre)Minimum number of incremental samples to be taken
< 503
50 to 5005
> 50010

If the lot or sublot consists of individual packages or units, then the number of packages or units which shall be taken to form the aggregate sample is given in Table 4.

Table 4

Number of packages or units (incremental samples) which shall be taken to form the aggregate sample if the lot or sublot consists of individual packages or units

Number of packages or units in the lot/sublotNumber of packages or units to be taken
1 to 25at least 1 package or unit
26 to 100about 5 %, at least 2 packages or units
> 100about 5 %, at maximum 10 packages or units

4.3.Specific provisions for the sampling of lots containing whole fishes of comparable size and weightU.K.

Fishes are considered as being of comparable size and weight in case the difference in size and weight does not exceed about 50 %.

The number of incremental samples to be taken from the lot are defined in Table 3. The aggregate sample uniting all incremental samples shall be at least 1 kg (see point 3.5).

4.4.Sampling of lots of fish containing whole fishes of different size and/or weightU.K.

4.5.Sampling at retail stageU.K.

Sampling of foodstuffs at retail stage shall be done where possible in accordance with the sampling provisions set out in part 4.2 of this Annex.

Where this is not possible, an alternative method of sampling at retail stage may be used provided that it ensures sufficient representativeness for the sampled lot or sublot.

5.COMPLIANCE OF THE LOT OR SUBLOT WITH THE SPECIFICATIONU.K.

The lot is accepted if the analytical result of a single analysis does not exceed the respective maximum level of dioxins and the sum of dioxins and dioxin-like PCBs as laid down in Regulation (EC) No 1881/2006 taking into account the measurement uncertainty.

The lot is non-compliant with the maximum level as laid down in Regulation (EC) No 1881/2006, if the upperbound(8) analytical result, confirmed by duplicate analysis(9), exceeds the maximum level beyond reasonable doubt taking into account the measurement uncertainty.

The taking into account of the measurement uncertainty may be done according to one of the following approaches:

The present interpretation rules apply for the analytical result obtained on the sample for official control. In case of analysis for defence or referee purposes, the national rules apply.

ANNEX IIU.K.SAMPLE PREPARATION AND REQUIREMENTS FOR METHODS OF ANALYSIS USED IN OFFICAL CONTROL OF THE LEVELS OF DIOXINS (PCDD/PCDF) AND DIOXIN-LIKE PCBS IN CERTAIN FOODSTUFFS

1.FIELD OF APPLICATIONU.K.

The requirements set out in this Annex shall be applied where foodstuffs are analysed for the official control of the levels of dioxins (polychlorinated dibenzo-p-dioxins (PCDD) and polychlorinated dibenzofurans (PCDF)) and dioxin-like PCBs.

Monitoring for the presence of dioxins in foodstuffs may be performed by a strategy involving a screening method in order to select those samples with levels of dioxins and dioxin-like PCBs that are less than 25 % below or exceed the maximum level. The concentration of dioxins and sum of dioxins and dioxin-like PCBs in those samples with significant levels needs to be determined/confirmed by a confirmatory method.

Screening methods are methods that are used to detect the presence of dioxins and dioxin-like PCBs at the level of interest. These methods shall have a capacity for a high sample throughput and are used to sift large numbers of samples for potential positives. They shall be specifically designed to avoid false negatives.

Confirmatory methods are methods that provide full or complementary information enabling the dioxins and dioxin-like PCBs to be identified and quantified unequivocally at the level of interest.

2.BACKGROUNDU.K.

The concentrations of the individual substances in a given sample shall be multiplied by their respective Toxic Equivalency Factor (TEF), as established by the World Health Organisation and listed in the Appendix to this Annex, and subsequently summed to give the total concentration of dioxin-like compounds expressed as Toxic Equivalents (TEQs).

For the purposes of this Regulation, the accepted specific limit of quantification of an individual congener shall be the concentration of an analyte in the extract of a sample which produces an instrumental response at two different ions to be monitored with an S/N (signal/noise) ratio of 3:1 for the less sensitive signal and fulfilment of the basic requirements such as e.g. retention time, isotope ratio according to the determination procedure as described in EPA method 1613 revision B.

3.QUALITY ASSURANCE REQUIREMENTS TO BE COMPLIED WITH FOR SAMPLE PREPARATIONU.K.

4.REQUIREMENTS FOR LABORATORIESU.K.

5.REQUIREMENTS TO BE MET BY ANALYTICAL PROCEDURE FOR DIOXINS AND DIOXIN-LIKE PCBsU.K.

Basic requirements for acceptance of analytical procedures:

Screening methods may comprise bioassays and GC/MS methods; confirmatory methods are high-resolution gas chromatography/high resolution mass spectrometry (HRGC/HRMS) methods. Following criteria have to be complied with on total TEQ value:

Screening methodsConfirmatory methods
False negative rate< 1 %
Trueness– 20 % to + 20 %
Precision (RSDR)< 30 %< 15 %

6.SPECIFIC REQUIREMENTS FOR GC/MS METHODS TO BE COMPLIED WITH FOR SCREENING OR CONFIRMATORY PURPOSESU.K.

7.SCREENING METHODS OF ANALYSISU.K.

7.1.IntroductionU.K.

Different analytical approaches may be performed using a screening method: a pure screening approach and a quantitative approach.

Screening approachU.K.

The response of samples is compared to that of a reference sample at the level of interest. Samples with a response less than the reference are declared negative, those with a higher response are suspected positives. Requirements:

Quantitative approachU.K.

The quantitative approach requires standard dilution series, duplicate or triplicate clean up and measuring as well as blank and recovery controls. The result may be expressed as TEQ, thereby assuming that the compounds responsible for the signal correspond to the TEQ principle. This can be performed by using TCDD (or a dioxin/furan/dioxin-like PCB standard mixture) to produce a calibration curve to calculate the TEQ level in the extract and thus in the sample. The result is subsequently corrected for the TEQ level calculated for a blank sample (to account for impurities from solvents and chemicals used), and a recovery (calculated from the TEQ level in a quality control sample around the level of interest). It is essential to note that part of the apparent recovery loss may be due to matrix effects and/or differences between the TEF values in the bioassays and the official TEF values set by the WHO.

7.2.Requirements for methods of analysis used for screeningU.K.

7.3.Specific requirements for cell based bioassaysU.K.

7.4.Specific requirements for kit based bioassaysU.K.

8.REPORTING OF THE RESULTU.K.

Insofar as the used analytical procedure makes it possible, the analytical results shall contain the levels of the individual PCDD/F and PCB congeners and be reported as lowerbound, upperbound and medium-bound in order to include a maximum of information in the reporting of the results and thereby enabling the interpretation of the results according to specific requirements.

The report shall also include the lipid content of the sample as well the method used for lipid extraction.

The recoveries of the individual internal standards must be made available in case the recoveries are outside the range mentioned in point 6, in case the maximum level is exceeded and in other cases upon request.

As the uncertainty of measurement is to be taken into account when deciding about the compliance of a sample, this parameter shall also be made available. Thus, analytical results shall be reported as x +/– U whereby x is the analytical result and U is the expanded measurement uncertainty using a coverage factor of 2 which gives a level of confidence of approximately 95 %. In case of a separate determination of dioxins and dioxin-like-PCBs the sum of the estimated expanded uncertainty of the separate analytical results of dioxins and dioxin-like PCBs has to be used for the sum of dioxins and dioxin-like PCBs.

If the uncertainty of measurement is taken into account by applying CCα (as described in Annex I, part 5), this parameter shall be reported.

The results shall be expressed in the same units and with (at least) the same number of significant figures as the maximum levels laid down in Regulation (EC) No 1881/2006.

Appendix to Annex II

Table WHO TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15-18 June 1997 (Van den Berg et al., (1998) Toxic Equivalency Factors (TEFs) for PCBs, PCDDs, PCDFs for Humans and for Wildlife. Environmental Health Perspectives, 106(12), 775)

Abbreviations used: ‘T’ = tetra; ‘Pe’ = penta; ‘Hx’ = hexa; ‘Hp’ = hepta; ‘O’ = octa; ‘CDD’ = chlorodibenzodioxin; ‘CDF’ = chlorodibenzofuran; ‘CB’ = chlorobiphenyl.

CongenerTEF value
Dibenzo-p-dioxins (PCDDs)
2,3,7,8-TCDD1
1,2,3,7,8-PeCDD1
1,2,3,4,7,8-HxCDD0,1
1,2,3,6,7,8-HxCDD0,1
1,2,3,7,8,9-HxCDD0,1
1,2,3,4,6,7,8-HpCDD0,01
OCDD0,0001
Dibenzofurans (PCDFs)
2,3,7,8-TCDF0,1
1,2,3,7,8-PeCDF0,05
2,3,4,7,8-PeCDF0,5
1,2,3,4,7,8-HxCDF0,1
1,2,3,6,7,8-HxCDF0,1
1,2,3,7,8,9-HxCDF0,1
2,3,4,6,7,8-HxCDF0,1
1,2,3,4,6,7,8-HpCDF0,01
1,2,3,4,7,8,9-HpCDF0,01
OCDF0,0001
‘Dioxin-like’ PCBs Non-ortho PCBs + Mono-ortho PCBs
Non-ortho PCBs
PCB 770,0001
PCB 810,0001
PCB 1260,1
PCB 1690,01
Mono-ortho PCBs
PCB 1050,0001
PCB 1140,0005
PCB 1180,0001
PCB 1230,0001
PCB 1560,0005
PCB 1570,0005
PCB 1670,00001
PCB 1890,0001
(1)

OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1. Regulation amended by Commission Regulation (EC) No 776/2006 (OJ L 136, 24.5.2006, p. 3).

(2)

See page 5 of this Official Journal.

(3)

OJ L 209, 6.8.2002, p. 5. Directive as last amended by Directive 2004/44/EC (OJ L 113, 20.4.2004, p. 17).

(4)

OJ L 125, 23.5.1996, p. 10. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1).

(5)

OJ L 65, 5.3.1998, p. 31. Decision as amended by the 2003 Act of Accession.

(7)

http://ec.europa.eu/food/food/chemicalsafety/contaminants/dioxins_en.htm

(8)

The concept of ‘upperbound’ requires using the limit of quantification for the contribution of each non-quantified congener to the Toxic Equivalent (TEQ).

The concept of ‘lowerbound’ requires using zero for the contribution of each non-quantified congener to the TEQ.

The concept of ‘mediumbound’ requires using half of the limit of quantification calculating the contribution of each non-quantified congener to the TEQ.

(9)

The duplicate analysis is necessary to exclude the possibility of internal cross-contamination or an accidental mix-up of samples. The first analysis, taking into account the measurement uncertainty is used for verification of compliance.

In case the analysis is performed in the frame of a dioxin contamination incident, confirmation by duplicate analysis might be omitted in case the samples selected for analysis are through traceability linked to the dioxin contamination incident.

(10)

OJ L 221, 17.8.2002, p. 8. Decision as amended by Decision 2004/25/EC (OJ L 6, 10.1.2004, p. 38).