Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food^f1, and in particular Article 2(3) thereof,

Whereas:

Commission Regulation (EC) No 1881/2006^f2 sets maximum levels for dioxins, dioxin-like polychlorinated biphenyls (PCBs) and non-dioxin-like PCBs in fish and fishery products.

Stakeholder associations provided data on the presence of non-dioxin-like PCBs in wild caught spiny dogfish (Squalus acanthias). From those data it can be observed that the current maximum level of 75 ng/g wet weight is not achievable on many occasions following good fishery practices under normal catch and growing conditions. The provided data demonstrate that the current maximum level is not in line with the principle that maximum levels for contaminants are set at a level as low as reasonably achievable. It is therefore appropriate to increase the current maximum level of non-dioxin-like PCBs in wild caught spiny dogfish (Squalus acanthias), without endangering public health.

Regulation (EC) No 1881/2006 should therefore be amended accordingly.

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: