EN    EN EN 
SANCO/10658/2010 EN    EN  EUROPEAN COMMISSION 
Brussels, 2010 
 
 
Draft 
COMMISSION REGULATION (EU) No …/.. 
of […] 
amending Annex IV to Regulation (EC) No  767/2009 on permitted tolerances for the 
compositional labelling of f eed materials or compound feed as referred to in Article 
11(5) 
(Text with EEA relevance) 
 
 EN 2   EN Draft 
COMMISSION REGULATION (EU) No …/.. 
of […] 
amending Annex IV to Regulation (EC) No  767/2009 on permitted tolerances for the 
compositional labelling of f eed materials or compound feed as referred to in Article 
11(5) 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 767/2009 of the European Parliament and of the 
Council of 13 July 2009 on the placing on the ma rket and use of feed, amending European 
Parliament and Council Regulation (EC) No 1831/2003 and repeali ng Council Directive 
79/373/EEC, Commission Direc tive 80/511/EEC, Council Directives 82/471/EEC, 
83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/ EC and Commission Decision 2004/217/EC
1, 
and in particular Ar ticle 27(1) thereof, 
Whereas: 
(1) Regulation (EC) No 767/2009 provides for a set of EU rule s concerning the 
marketing conditions of feed material s and compound feed. Annex IV of this 
Regulation includes permitted tolerances for the compositional labelling of feed materials and compound feed. 
(2) Statistical control data from the Competen t Authorities in the Member States on 
deviations in feed samples ha ve revealed that substantial changes need to be made to 
the parameters set out in Annex IV to  Regulation (EC) No  767/2009 in order to 
consider the scientific and technological developments in sampling and analytical 
methods. The Commission has now complete d the evaluation of that data and 
consequently the structure and the parame ters of Annex IV should be modified. 
(3) The amended tolerances for the moisture content should take into account certain 
feed materials with a moisture content great er than 50% as for these feed materials 
new labelling provisions have been introdu ced by Articles 15 and 16 of Regulation 
(EC) No 767/2009. 
(4) In the absence of methods to determine the energy value and th e protein value at 
Union level, Member States should be allo wed to maintain their national tolerances 
for these parameters.  
                                                
 
1 OJ L 229, 1.9.2009, p. 1. EN 3   EN (5) For the newly introduced tolerances for feed additives in feed it should be clarified 
that these only apply to the technical deviat ions, as the analytical  tolerance is already 
determined in line with the official me thod of detection for the respective feed 
additive. The tolerances should apply to decl ared values in the lis t of feed additives 
and the list of anal ytical constituents. 
(6) The measures provided for in this Regulation are in accordance with the opinion of 
the Standing Committee on the Food Chain and Animal Health and neither the 
European Parliament nor the Council has opposed them. 
 
HAS ADOPTED THIS REGULATION: 
Article 1 
Annex IV to Regulation (EC) No 767/2009 is repl aced 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 . 
This Regulation shall apply from 1 September 2010. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, […] 
 For the Commission 
 The President  Jose Manuel Barroso EN 4   EN ANNEX  
Annex IV to Regulation (EC) No 767/2009 is replaced by the following: 
‘ANNEX IV  
Permitted tolerances for the compositional labe lling of feed materials or compound feed 
provided for in Article 11(5) 
Part A: Tolerances for the analytical co nstituents set out in Annexes I, V, VI 
and VII 
(1) The tolerances laid down in this Part include technical and analytical deviations. 
Once analytical tolerances covering measurement uncertainties and procedural variations are fixed at Uni on level, the values set in  point 2 should be adapted 
accordingly in order to cover only the technical tolerances. 
(2) Where the composition of a feed material  or compound feed is found to deviate from 
the labelled value of the analytical constituents set out in Annexes I, V, VI and VII the following tolerances shall apply: 
(a) for crude oil and fats, cr ude protein and crude ash: 
(i) ± 3 % of the total mass or volume fo r declared contents of 24 % or more, 
(ii) ± 12,5 % of the de clared content for declared co ntents of less than 24 % but 
not less than 8 %, 
(iii) ± 1 % of the total mass or volume for declared contents of less than 8 %; 
(b) for crude fibre, sugar and starch: 
(i) ± 3,5 % of the total mass or volume fo r declared contents of 20 % or more, 
(ii) ± 17,5 % of the de clared content for declared co ntents of less than 20 % but 
not less
 than 10 %, 
(iii) ± 1,7 % of the total mass or volume fo r declared contents of less than 10 %; 
(c) for calcium, ash insoluble in hydr ochloric acid, total phosphorus, sodium, 
potassium and magnesium: 
(i) ± 1 % of the total mass or volume for declared contents of 5 % and more, 
(ii) ± 20 % of the declared content fo r declared contents of less than 5 % but not 
less than 1 %, 
(iii) ± 0,2 % of the total mass or volume for declared contents of less than 1 %;   
(d) for moisture: 
(i) ± 8 % of the declared content for declared contents of 12,5 % or more EN 5   EN (ii) ± 1 % of the total mass or volume fo r declared contents of less than 12,5 % 
but not less than 5 %, 
(iii) ± 20 % of the declared content for declared conten ts of less than 5 % but 
not less than 2 %, 
(iv) ± 0,4 % of the total mass or volume fo r declared contents of less than 2 %; 
(e) as regards the energy value and the prot ein value, where no tolerance has been 
laid down in accordance with an EU-met hod or in accordance with an official 
national method in the Member State in which the feed is placed on the market, the following tolerances shall apply: for the energy value 5% and for the protein value 10 %. 
(3) By way of derogation from point 2(a) as regards crude oil and fa ts and crude protein 
in pet food, where the declared content is less than 16 % the permitted deviation shall 
be ± 2 % of the total mass or volume. 
(4) By way of derogation from point 2, the permitted deviation from the declared content 
to the upper side for crude oil and fats, sugar, starch, calcium, sodium, potassium, 
magnesium, energy value and protein value may be up to twice the tolerance laid 
down in points 2 and 3. 
(5) By way of derogation from point 2, the to lerances for ash insol uble in hydrochloric 
acid and moisture apply only to  the upper side and no limits to the tolerances are set 
to the lower side. 
Part B: Tolerances for feed additives labell ed according to Annexes I, V, VI and VII 
(1) The tolerances laid down in this Part include technical deviat ion only. They shall 
apply to feed additives in the list of f eed additives and in the list of analytical 
constituents.  
 As regards feed additives listed as analyt ical constituents, the tolerances shall apply 
to the total amount labelled as the guarant eed quantity at the end of its minimum 
storage life. 
Where the content of a feed additive in a feed material or compound feed is found to 
be below the declared content, th e following tolerances shall apply
2: 
(a) 10 % of the declared content if the declared content is 1000 units and more; 
(b) 100 units if the declared  content is less than 1000 units but not less than 500 
units; 
(c) 20 % of the declared content if the decl ared content is less than 500 units but not 
less than 1 unit; 
(d) 0,2 units if the declared content is le ss than 1 unit but not less than 0,5 units; 
                                                 
2  1 unit in this point means 1 mg, 1.000 IU, 1x109 CFU or 100 enzyme activity units of the respective 
feed additive per kg feed, as appropriate. EN 6   EN (e) 40 % of the declared content if the declared content is less than 0,5 units. 
(2) Where a minimum and/or a maximum content of  an additive in a feed is laid down in 
the respective authorisation act for that feed additive, the technical tolerances laid down in point 1 shall only apply above a minimum content or below a maximum 
content, where appropriate.
 
(3) As long as the fixed maximum content of an additive as referred to in point 2 is not 
exceeded, the deviation above the declared  content may go up to three times the 
tolerance laid down in point 1. However, if  for feed additives belonging to the group 
of micro-organisms a maximum content is la id down in the respective authorising act 
for that feed additive, the maximum content shall constitute the upper permitted value.‘