II 
(Non-legislative acts) 
REGUL ATIONS 
COMMISSION REGUL ATION (EU) 2017/786 
of 8 May 2017 
amending Regulation (EU) No 142/2011 as regards the definitions of fishmeal and fish oil 
(Text with EEA relevance) 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regar d to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 
laying down health rules as regards animal by-products and derived products not intended for human consump tion and 
repealing Regulation (EC) No 1774/2002 (Animal by-pro ducts Regulation) (1), and in particular Article 31(2) thereof, 
Whereas: 
(1)  Regulation (EC) No 1069/2009 lays down public and animal health rules for animal by-products and derived 
products, in order to prevent and minimise risks to public and animal health arising from those products. It 
assigns those products to specific categor ies whic h reflect the level of such risks and provides for requirements 
on their safe use and disposal. 
(2)  Commission Regulation (EU) No 142/2011 (2), lays down implementing rules for Regulation (EC) 
No 1069/2009, including definition s of animal by-products, such as fishmeal and fish oil. 
(3)  Fishmeal is defined in point 7 of Annex I to Regulation (EU) No 142/2011 as processed animal prote in derived 
from aquatic animals, excep t sea mammals. The definition of fish oil, which is a product of the same techno ­
logical process as fishmeal, is provided for in point 9 of that Annex. 
(4)  In accordance with point 9 of Article 3 of Regulation (EC) No 1069/2009, the term ‘aquatic animals’ is defined 
by referen ce to Article 3(1)(e) of Council Directive 2006/88/EC (3) as fish belonging to the superclass Agnatha 
and to the classes Chondr ichthyes and Osteichthyes, mollusc belonging to the Phylum Mollusca, and crustacean 
belonging to the Subph ylum Crustacea. 
(5)  The current definit ion of ‘aquatic animals ’ does not include starf ish belonging to the phylum Echinoder mata, 
subph ylum Astero zoa nor farmed aquatic inver tebrat es other than molluscs and crustaceans. Consequently , it is 
currently not possible to use starf ish or farmed aquatic inve rtebrat es other than molluscs and crustaceans for the 
production of fishme al and fish oil. 9.5.2017 L 119/1 Official Jour nal of the European Union EN     
(1)OJ L 300, 14.11.2009, p. 1. 
(2)Commission Regulation (EU) No 142/2011 of 25 Febr uary 2011 implementing Regulation (EC) No 1069/2009 of the European 
Parliament and of the Council laying down health rules as regards animal by-products and derived products not inten ded for human 
consump tion and implem enting Council Directive 97/78/EC as regards certain samples and items exem pt from veterinar y chec ks at the 
border under that Directive (OJ L 54, 26.2.2011, p. 1). 
(3)Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on 
the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14). (6)  Starf ish are mar itime invertebr ates and mostly predators on other mar ine inver tebrates, such as molluscs. They 
are regularly harvested as a by-product of operations growing bivalve molluscs intended for human consump tion 
without noticeable negative impact on the starf ish population. This incidental by-catc h represents a poten tially 
valuable source of prote in in the feed for porcine animals or poultr y. 
(7)  The poly chaete worm Nereis virens presents an altern ative protein source in the diet of farmed carnivorous fish 
allowing the reduction of feed cost and of the dependence on fishmeal. 
(8)  Recital 18 of Regulation (EC) No 1069/2009 explains that aquatic invertebr ates whic h are not covered by the 
definition in point 9 of Article 3 of that Regulation, such as starf ish and farmed aquatic invertebr ates other than 
molluscs and crustaceans, and which pose no risk of disease transmission may be used under the same 
conditions as the aquatic animals that fall under the definition, for instance for the production of fishmeal . 
(9)  The existing Union rules on animal by-products and on transmissible spongif orm encephalopathies (1) do not 
prohibit the use of starf ish and farmed aquatic invertebrates other than molluscs and crustaceans in the 
production of feed for farmed animals. 
(10) As the use of processed animal prot eins from wild aquatic animals, such as starf ish, and farmed aquatic invert­
ebrates other than molluscs and crustaceans in feed for non-r uminant animals does not represent a higher risk 
than the use of fishmeal in such feed, it is appropr iate to modify the definitions of ‘fishmeal’ and ‘fish oil’ in 
order to include certain aquatic inver tebrate animals. 
(11)  For the purpose of environmental prot ection and to avoid creating new pressure on wild starf ish populations, 
their use for the production of fishmeal should be restr icted to cases where starf ish are harvested in a mollusc 
production area as defined in Directive 2006/88/EC. 
(12)  The definitions of fishmeal and fish oil set out in points 7 and 9 respectively of Annex I to Regulation (EU) 
No 142/2011 should be amended according ly. 
(13)  The processing standards for fish oil as laid down in Annex X to Regulation (EU) No 142/2011 should be 
exte nded by reference to Article 10(l) of Regulation (EC) No 1069/2009 in order to allow the use of aquatic and 
terrestr ial inve rtebrat es other than species pathogen ic to humans or animals in the production of fish oil, which 
would include star fish and farmed aquatic inver tebrates other than molluscs and crustaceans. 
(14)  Annex es I and X to Regulation (EU) No 142/2011 should theref ore be amended according ly. 
(15)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed, 
HAS ADOPTED THIS REGUL ATION: 
Article 1 
Annex es I and X to Regulation (EU) No 142/2011 are amended in accordance with the Annex to this Regulation. 
Article 2 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the 
European Union. 9.5.2017 L 119/2 Official Jour nal of the European Union EN     
(1)Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, 
control and eradication of certain transmissible spongif orm encephalopathies (OJ L 147, 31.5.2001, p. 1). This Regulation shall be binding in its entirety and directly applicable in all Member State s. 
Done at Brussels, 8 May 2017. 
For the Commission 
The Presid ent 
Jean-Claude JUNCKER   
ANNEX 
Regulation (EU) No 142/2011 is amended as follows:  
(1) Annex I is amended as follows: 
(a)  point 7 is replaced by the following:  
‘7. “fishmeal” means processed animal prote in derived from aquatic animals excep t sea mammals, including 
farmed aquatic invertebr ates, including those covered by Article 3(1)(e) of Council Directive 2006/88/EC (*), 
and starf ish of the species Aster ias rubens which are harveste d in a mollusc production area;  
(*)Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals 
and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 
24.11.2006, p. 14).’; 
(b)  point 9 is replaced by the following:  
‘9. “fish oil” means oil derived from the processing of aquatic animals excep t sea mammals, including farmed 
aquatic invertebr ates, including those covered by Article 3(1)(e) of Directive 2006/88/EC, and starf ish of the 
species Aster ias rubens which are harvested in a mollusc production area, or oil from the processing of fish 
for human consum ption, whic h an operat or has destined for purposes other than human consum ption;’;  
(2) in Annex X, Chapt er II, Section 3(A), point 2 is replaced by the following: 
‘2.  Fish oil 
Only Categor y 3 mat erial referred to in Article 10(i), (j) and (l) of Regulation (EC) No 1069/2009 and Categor y 3 
mat erial of aquatic animal origin refer red to in Article 10(e) and (f) of that Regulation may be used for the 
production of fish oil.’.  9.5.2017 L 119/3 Official Jour nal of the European Union EN