Commission Implementing Regulation (EU) 2021/705 of 28 April 2021 amending Regulation (EC) No 333/2007 as regards the required number of incremental samples and the performance criteria for some methods of analysis (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/705of 28 April 2021amending Regulation (EC) No 333/2007 as regards the required number of incremental samples and the performance criteria for some methods of analysis(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)OJ L 95, 7.4.2017, p. 1., and in particular Article 34(6) thereof,Whereas:(1)Commission Regulation (EC) No 333/2007Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffs (OJ L 88, 29.3.2007, p. 29). lays down the methods of sampling and analysis to be used for the official control of the levels of trace elements and processing contaminants in foodstuffs.(2)The sampling methods currently provided for in Regulation (EC) No 333/2007 provide that an aggregate sample of at least 1 kg is to be taken. For food supplements, dried spices or herbs, dried fungi, algae or lichen, which have high cost per unit weight, this results in a disproportionately high sample cost. Therefore, specific sampling methods should be provided for with regard to these commodities.(3)On the basis of the best available scientific information, the European Union Reference Laboratories in the field of contaminants in feed and food have elaborated a Guidance Document on the estimation of the Limit of Detection (LOD) and Limit of Quantification (LOQ) for measurements in the field of contaminants in feed and foodWenzl, T., Haedrich, J., Schaechtele, A., Robouch, P., Stroka, J., Guidance Document on the Estimation of LOD and LOQ for Measurements in the Field of Contaminants in Feed and Food; EUR 28099, Publications Office of the European Union, Luxembourg, 2016, ISBN 978-92-79-61768-3; doi:10.2787/8931. As this Guidance Document contains the best up to date technological knowledge, its conclusions should be reflected in the requirements for LOQs for analytical methods for trace elements set out in Regulation (EC) No 333/2007.(4)Regulation (EC) No 333/2007 should therefore be amended accordingly.(5)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION: