Article 1Regulation (EC) No 466/2001 is amended as follows:1.Article 1 is amended as follows:(a)Paragraph 1a is replaced by the following:"1a.By way of derogation from paragraph 1, Finland and Sweden are authorised, for a transitional period extending to 31 December 2011, to place on their market salmon (Salmo salar), herring (Clupea harengus), river lamprey (Lampetra fluviatilis), trout (Salmo trutta), char (Salvelinus spp.) and roe of vendace (Coregonus albula) originating in the Baltic region and intended for consumption in their territory with levels of dioxins and/or levels of the sum of dioxins and dioxin-like PCBs higher than those set in point 5.2 of section 5 of Annex I, provided that a system is in place to ensure that consumers are fully informed of the dietary recommendations with regard to the restrictions on the consumption of these fish species from the Baltic region by identified vulnerable sections of the population in order to avoid potential health risks.By 31 March each year, Finland and Sweden shall communicate to the Commission the results of their monitoring of the levels of dioxins and dioxin-like PCBs in fish from the Baltic region obtained in the preceding year and shall report on the measures taken to reduce human exposure to dioxins and dioxin-like PCBs from fish from the Baltic region. Finland and Sweden shall continue to implement the necessary measures to ensure that fish and fish products not complying with point 5.2 of Section 5 of Annex I are not marketed in other Member States."(b)Paragraph 2 is replaced by the following:"2.The maximum levels specified in the Annex I shall apply to the edible part of the foodstuffs concerned, unless otherwise specified in that Annex."2.Article 4a is replaced by the following:

"Article 4aWith regard to dioxins and the sum of dioxins and dioxin-like PCBs in products as referred to in section 5 of Annex I, it shall be prohibited:(a)to mix products complying with the maximum levels with products exceeding those maximum levels;(b)to use products not complying with the maximum levels as ingredients in the manufacture of other foodstuffs."

3.Article 5, paragraph 3 is deleted.4.Annex I is amended in accordance with the Annex to this Regulation.

Article 2This 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 4 November 2006.As regards the maximum levels for the sum of dioxins and dioxin-like PCBs, this Regulation shall not apply to products that were placed on the market before 4 November 2006 in accordance with the provisions applicable. The burden of proving when the products were placed on the market shall be borne by the food business operator.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 3 February 2006.For the CommissionMarkos KyprianouMember of the CommissionANNEXSection 5 of Annex I to Regulation (EC) No 466/2001 is replaced by the following:"Section 5.Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997), and sum of dioxins and dioxin-like PCBs (sum of polychlorinated dibenzo-para-dioxins (PCDDs)), polychlorinated dibenzofurans (PCDFs) and polychlorinated biphenyls (PCBs), expressed in World Health Organisation (WHO) toxic equivalents using the WHO-TEFs (toxic equivalency factors, 1997)WHO TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15 to 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). 32006R0199_en_img_1

)

Upperbound concentrations: Upperbound concentrations are calculated on the assumption that all the values of the different congeners below the limit of quantification are equal to the limit of quantification.Meat of bovine animals, sheep, pig, poultry and farmed game as defined in Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (OJ L 139, 30.4.2004. Corrected version in OJ L 226, 25.6.2004, p. 22) but not including edible offal as defined in that Annex.The maximum levels are not applicable for food products containing < 1 % fat.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).Muscle meat of fish and fishery products as defined in categories (a), (b), (c), (e) and (f) of the list in Article 1 of Council Regulation (EC) No 104/2000 (OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession). The maximum level applies to crustaceans, excluding the brown meat of crab and excluding head and thorax meat of lobster and similar large crustaceans (Nephropidae and Palinuridae) and to cephalopods without viscera.Where fish are intended to be eaten whole, the maximum level applies to the whole fish.Milk (raw milk, milk for the manufacture of milk-based products and heat-treated milk as defined in Annex I to Regulation (EC) No 853/2004).Hen eggs and egg products as defined in Annex I to Regulation (EC) No 853/2004."

Food	Maximum levelsSum of dioxins and furans (WHO-PCDD/F-TEQ)	Maximum levelsSum of dioxins, furans and dioxin-like PCBs (WHO-PCDD/F-PCB-TEQ)	Methods of sampling and performance criteria for methods of analysis
5.1.1.Meat and meat products			Directive 2002/69/EC
–of ruminants (bovine animals, sheep)	3,0 pg/g fat	4,5 pg /g fat
–of poultry and farmed game	2,0 pg/g fat	4,0 pg/g fat
–of pigs	1,0 pg/g fat	1,5 pg/g fat
5.1.2.Liver of terrestrial animals and derived products thereof	6,0 pg/g fat	12,0 pg/g fat
5.2.Muscle meat of fish and fishery products and products thereof with the exception of eel	4,0 pg/g fresh weight	8,0 pg/g fresh weight	Directive 2002/69/EC
–Muscle meat of eel (Anguilla anguilla) and products thereof	4,0 pg/g fresh weight	12,0 pg/g fresh weight	Directive 2002/69/EC
5.3.Milk and milk products, including butter fat	3,0 pg/g fat	6,0 pg/g fat	Directive 2002/69/EC
5.4.Hen eggs and egg products	3,0 pg/g fat	6,0 pg/g fat	Directive 2002/69/EC
5.5.Oils and fats			Directive 2002/69/EC
–Animal fat
– –of ruminants	3,0 pg/g fat	4,5 pg/g fat
– –of poultry and farmed game	2,0 pg/g fat	4,0 pg/g fat
– –of pigs	1,0 pg/g fat	1,5 pg/g fat
– –mixed animal fats	2,0 pg/g fat	3,0 pg/g fat
–Vegetable oil and fats	0,75 pg/g fat	1,5 pg/g fat
–marine oil (fish body oil, fish liver oil and oils of other marine organisms intended for human consumption)	2,0 pg/g fat	10,0 pg/g fat

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WHO TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15 to 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). 32006R0199_en_img_1

Amendments and corrections
February 28, 2007	See 32001R0466
November 4, 2006	Application - See Art 2
February 25, 2006	Entry into force - Date pub. + 20 See Art 2

Commission Regulation (EC) No 199/2006 of 3 February 2006 amending Regulation (EC) No 466/2001 setting maximum levels for certain contaminants in foodstuffs as regards dioxins and dioxin-like PCBs (Text with EEA relevance)