4.12.2013

EN

Official Journal of the European Union

L 323/37

(1)

Several measures have been adopted as parts of an overall strategy to reduce the presence of dioxins, furans and PCBs in environment, feed and food.

(2)

Maximum levels for dioxins and for the sum of dioxins and dioxin-like PCBs have been set for feed by Directive 2002/32/EC of the European Parliament and of the Council (1) and for food by Commission Regulation (EC) No 1881/2006 (2).

(3)

In order to stimulate a proactive approach to reduce the presence of dioxins and dioxin-like PCBs in food, action levels for dioxins and dioxin-like PCBs in food have been set by Commission Recommendation 2011/516/EU (3) and for dioxins and dioxin-like PCBs in feed by Directive 2002/32/EC.

(4)

Action levels are a tool for competent authorities and operators to highlight cases where it is appropriate to identify a source of contamination and to take measures for its reduction or elimination.

(5)

Given that the sources of dioxins and dioxin-like PCBs are different, it is appropriate that separate action levels are determined for dioxins on the one hand and for dioxin-like PCBs on the other hand.

(6)

It is now appropriate to recommend that the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in free-range eggs, organic eggs, lamb and sheep liver, Chinese mitten crab, dried herbs and clays as food supplement be subject to an increased monitoring.

(7)

It is furthermore appropriate to specify that the action levels expressed on product basis refer to wet weight.

(8)

Recommendation 2011/516/EU should therefore be replaced by a new Recommendation,

1.

Member States should perform, proportionate to their production, use and consumption of feed and food, random monitoring of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs.

2.

In addition to the monitoring referred to in point 1, Member States should monitor specifically the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in the following products:

3.

In cases of non-compliance with the provisions of Directive 2002/32/EC and Regulation (EC) No 1881/2006, and in cases where levels of dioxins and/or dioxin-like PCBs in excess of the action levels specified in the Annex to this Recommendation as regards food and in Annex II to Directive 2002/32/EC as regards feed are found, Member States, in cooperation with operators:

4.

Member States should submit all the occurrence data of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in feed and food to the European Food Safety Authority (EFSA). Member States should inform the Commission and the other Member States of their findings, the results of their investigations and the measures taken to reduce or eliminate the source of contamination.