Commission Directive 2005/5/EC of 26 January 2005 amending Directive 2002/26/EC as regards sampling methods and methods of analysis for the official control of the levels of ochratoxin A in certain foodstuffsText with EEA relevance

of 26 January 2005

amending Directive 2002/26/EC as regards sampling methods and methods of analysis for the official control of the levels of ochratoxin A in certain foodstuffs

(Text with EEA relevance)

Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption ¹ , and in particular Article 1 thereof,

Whereas:

(1) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs ² , fixes maximum limits for ochratoxin A in roasted coffee beans, ground roasted coffee, soluble coffee, wine and grape juice.

(2) Sampling plays a crucial part in the precision of the determination of the levels of ochratoxin A. Commission Directive 2002/26/EC of 13 March 2002 laying down the sampling methods and methods of analysis for the official control of the levels of ochratoxin A in foodstuffs ³ , should include provisions related to roasted coffee beans, ground roasted coffee, soluble coffee, wine and grape juice.

(3) Directive 2002/26/EC should therefore be amended accordingly.

(4) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2002/26/EC is amended in accordance with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 12 months after the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union .

Article 4

This Directive is addressed to the Member States.

Final provisions

Done at Brussels, 26 January 2005. For the Commission Markos KYPRIANOU Member of the Commission

¹ OJ L 372, 31.12.1985, p. 50 . Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council ( OJ L 284, 31.10.2003, p. 1 ).

² OJ L 77, 16.3.2001, p. 1 . Regulation as last amended by Regulation (EC) No 78/2005 ( OJ L 16, 20.1.2005, p. 43 ).

³ OJ L 75, 16.3.2002, p. 38 . Directive as amended by Directive 2004/43/EC ( OJ L 113, 20.4.2004, p. 14 ).

Annex I to Directive 2002/26/EC is amended as follows:

Depending on the lot weight — see table 2 of this Annex.

Depending on the lot weight — see table 3 of this Annex.

Footnotes

1. . Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (). ↩ ↩²

2. . Regulation as last amended by Regulation (EC) No 78/2005 (). ↩ ↩²

3. . Directive as amended by Directive 2004/43/EC (). ↩ ↩²