29.3.2012 Official Journal of the European Union L 91/1 (Non-legislative acts) II REGULATIONS COMMISSION REGULATION (EU) No 277/2012 of 28 March 2012 amending Annexes I and II to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels and action thresholds for dioxins and polychlorinated biphenyls (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (!), and in particular Article 8(1) thereof, Whereas: Directive 2002/32[EC provides that the use of products intended for animal feed which contain levels of unde- sirable substances exceeding the maximum levels laid down in Annex I to that Directive is prohibited. Its Annex II sets action thresholds triggering investigations in cases of increased levels of such substances. Dioxins as referred to in this Regulation cover a group of 75 polychlorinated dibenzo-para-dioxin (PCDD) con- geners and 135 polychlorinated dibenzofuran (PCDF) congeners, of which 17 are of toxicological concern. Polychlorinated biphenyls (PCBs) are a group of 209 different congeners which can be divided into two groups according to their toxicological properties: 12 congeners exhibit toxicological properties similar to dioxins and are therefore often termed dioxin-like PCBs (DL-PCBs). The other PCBs do not exhibit dioxin-like toxicity but have a different toxicological profile. Of the congeners of dioxins or dioxin-like PCBs which are of toxicological concern, each exhibits a different level of toxicity. In order to be able to sum up the toxicity of these different congeners, the concept of () O] L 140, 30.5.2002, p. 10. (®) EFSA  Journal efsajournal/doc[1385.pdf toxic equivalency factors (TEFs) has been introduced to facilitate risk assessment and regulatory control. This means that the analytical results relating to all the indi- vidual dioxin and dioxin-like PCB congeners of toxico- logical concern are expressed in terms of a quantifiable unit, namely the TCDD toxic equivalent (TEQ). As regards dioxins and dioxin-like PCBs, the World Health Organisation (WHO) has suggested in 2005 new toxic equivalency factors values in comparison with the values set by WHO in 1998. At a request from the Commission the European Food Safety Authority (EFSA) delivered a scientific report Results of the monitoring of dioxin levels in food and feed’ (?) where those new values, as suggested by WHO, and recent information collected by the Commission are taken into account. In view of that report, it is appro- priate to modify the maximum levels and the threshold values for dioxins and dioxin-like PCBs. As regards non-dioxin-like PCBs, upon a request from the Commission EFSA adopted an opinion related to the presence of non-dioxin-like PCBs in feed and food (%). Polychlorinated biphenyls (PCBs) cover a group of 209 different PCB congeners. The sum of the six indicator PCB congeners (PCB 28, 52, 101, 138, 153 and 180) comprises about half of the amount of total non-dioxin- like PCBs (NDL-PCBs) present in feed and food. EFSA considered the sum of the six indicator PCBs an appro- priate  indicator  for  occurrence and  human exposure to NDL-PCBs. Furthermore, it is unpractical and very expensive without any benefit for enforcement purposes to analyse for official control each time all 209 PCB congeners. Therefore it is appropriate to set maximum levels as sum of these 6 PCBs. 2010; 8(3):1385, hittp://www.efsa.europa.cufen/ (}) EFSA Journal (2005) 284, 1-137, http:/[www.efsa.curopa.cufen| efsajournal/doc/284.pdf