4.5.2016   

EN

Official Journal of the European Union

L 118/16

(1)

Commission Regulation (EC) No 1881/2006 (1) establishes maximum levels for dioxins, for the sum of dioxins and dioxin-like PCBs and for non-dioxin-like PCBs in fish and fishery products. Derogations are provided in that Regulation to Finland, Sweden and Latvia for placing on their domestic market and intended for consumption in their territory of wild caught salmon, wild caught Baltic herring larger than 17 cm, wild caught char, wild caught river lamprey, wild caught trout and products derived from these fishes, originating in the Baltic region exceeding the maximum level.

(2)

Certain fish and fishery products from the Baltic region exceed regularly the maximum levels. It is not possible to control every single batch of fish and fishery products for compliance with the maximum levels. Therefore in order to ensure that only fish and fishery products in compliance with EU legislation are placed on the market, a list of fish from the Baltic region for which non-compliance can be expected has been established. This list has been established on the basis of available data and has to be regularly updated. For the fish and fishery products from the Baltic region for which compliance cannot be ensured based on the available occurrence data, specific risk management measures have been determined to ensure that only fish and fishery products compliant with EU legislation are placed on the market.

(3)

It is necessary to continue to monitor the presence of dioxins and PCBs in fish and fishery products from the Baltic region. It is appropriate to recommend a minimum number of samples of fish and fishery products to be analysed in a coordinated way, based on the amount of catch,

1.

Denmark, Germany, Poland, Latvia, Estonia, Lithuania, Finland and Sweden should, with the active involvement of food business operators, perform monitoring for the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in fish and fishery products such as liver from the Baltic region, in accordance with Annex I to this Recommendation.

2.

In order to ensure that the samples are representative for the sampled lot, Member States and food business operators should follow the sampling procedures laid down in Commission Regulation (EU) No 589/2014 (2).

3.

The method of analysis used for the monitoring of the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs has to comply with the criteria laid down in Regulation (EU) No 589/2014.

4.

Member States should ensure that the analytical results are provided on a regular basis (every 6 months) in the EFSA data submission format to EFSA in line with the requirements of EFSA's Guidance on Standard Sample Description (SSD) for Food and Feed (3) and the additional EFSA's specific reporting requirements.

For Baltic herring, salmon, (sea) trout and sprat, specific additional reporting requirements apply (insofar not yet explicitly foreseen in the usual reporting format):

5.

Available data from samples taken from the year 2009 onwards, and which have not yet been submitted to the EFSA database, should be provided to the EFSA in the EFSA data submission format, insofar possible.

6.

Based on the current available data, information on the presence of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain fish species from a certain age, size and geographical region (ICES zone) and in particular as regards their compliance with the maximum level established in Regulation (EC) No 1881/2006, is provided in Annex II.

7.

In order to ensure that only fish and fishery products, compliant with EU legislation, are placed on the EU market, risk management measures as outlined in Annex III are recommended to be applied as regards fish from the Baltic region. Member States referred to in point 1 may take national measures to implement the risk management measures recommended in Annex III.