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9.4 6Evaluation of compliance with legislation<br />

The characteristics of the methods applied by participants and the results reported are listed in<br />

ANNEX 7 and ANNEX 8 respectively.<br />

Compliance with legislation was evaluated on basis of requirements set in Regulation (EC) No<br />

333/2007 as amended by Regulation (EU) No 836/2011 [7]. Non compliant values for LOD, LOQ,<br />

and recovery are indicated by bold red font.<br />

In general the number of non-compliances was similar for OCLs and for NRLs. The major<br />

shortcoming concerned LODs and LOQs that were higher than the tolerated 0.3 µg/kg and<br />

0.9 µg/kg, respectively. The values for recovery complied with the limits specified in Commission<br />

Regulation (EU) No 836/2011. However, it cannot be evaluated whether recovery was<br />

understood as yield, as requested, and not as apparent recovery, which might be indicated by<br />

recovery values close to 100 %.<br />

Consequently all participants reporting method performance characteristics that do not comply<br />

with the minimum performance characteristics specified in legislation shall identify and<br />

implement for their analysis methods possibilities for improvement, or shall apply a different,<br />

more appropriate analysis procedure.<br />

10 Follow-up actions for underperforming laboratories<br />

All laboratories that got "questionable" or "non-satisfactory" performance ratings are urged to<br />

perform root cause analysis, and to implement corrective actions.<br />

The NRLs not reporting were already contacted for explanation.<br />

The EU-RL will set up follow-up measures in due time for all NRLs that received for at least one<br />

of the four PAHs (BAA, BAP, BBF, and CHR) z-scores > 3 as required by Regulation (EC)<br />

882/2004, and by the "Protocol for management of underperformance in comparative testing<br />

and/or lack of collaboration of National Reference Laboratories (NRLs) with European Union<br />

reference laboratories (EU-RLs) activities". These laboratories shall perform as an immediate<br />

action root-cause-analysis, and shall report to the EU-RL PAH in writing the identified cause for<br />

their underperformance and corrective actions they are going to take. Additionally, they shall<br />

participate to an independent (non-EU-RL) proficiency test on the determination of PAHs in food<br />

and shall communicate the outcome of this exercise to the EU-RL PAH.<br />

9B<br />

29

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