LegalizeCommission Regulation (EU) No 278/2012 of 28 March 2012 amending Regulation (EC) No 152/2009 as regards the determination of the levels of dioxins and polychlorinated biphenyls Text with EEA relevance
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (2) lays down maximum levels for dioxins, furans and polychlorinated biphenyls (PCBs) in feed and action thresholds triggering investigations by Member States to identify the sources of those substances.
(2) Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (3) includes methods for the determination of the levels of polychlorinated dibenzo-p-dioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and dioxin-like polychlorinated biphenyls (PCBs) in feed.
(3) A screening method of analysis with widely acceptable validation and high throughput can be used to identify the samples with significant levels of PCDD/Fs and dioxin-like PCBs (preferably selecting samples exceeding action thresholds and ensuring the selection of samples exceeding maximum levels). The levels of PCDD/Fs and dioxin-like PCBs in these samples need to be determined by a confirmatory method of analysis. It is therefore appropriate to establish appropriate requirements for the screening method making sure that the false-compliant rate with respect to maximum levels is below 5 % and strict requirements for the confirmatory methods of analysis. Furthermore, confirmatory methods allow the determination of levels also in the low background range. That is important for the follow-up of time trends, exposure assessment and for the re-evaluation of maximum and action thresholds.
(4) The modification of the maximum levels for dioxins and dioxin-like PCBs and the establishment of non-dioxin-like PCBs in Directive 2002/32/EC and the need to update the criteria for screening methods makes it necessary to amend the rules on the determination of dioxins and PCBs in feed, as laid down by Part B of Annex V to Regulation (EC) No 152/2009. For reasons of clarity and comprehensibility, it is appropriate to replace Part B of Annex V.
(5) 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 Union.
(6) Annex V to Regulation (EC) No 152/2009 should therefore be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,
HAS ADOPTED THIS REGULATION:
Article 1
Part B of Annex V to Regulation (EC) No 152/2009 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force.
This Regulation is binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2012.
For the Commission The President José Manuel BARROSO
(1) OJ L 165, 30.4.2004, p. 1.