Commission Directive 2003/126/EC
of 23 December 2003
on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs(1), and in particular Article 2 thereof,
Whereas:
(1) Pursuant to Directive 70/373/EEC, official controls of feedingstuffs, for the purpose of checking compliance with the requirements of the laws, regulations and administrative provisions governing their quality and composition, are to be carried out using Community sampling and analysis methods.
(2) Provisions on the labelling of feedingstuffs and requirements prohibiting the use of certain types of animal proteins in feedingstuffs for certain categories of animals imply the need to provide for reliable analytical methods to establish their presence and, if appropriate, their percentage.
(3) The method described in Commission Directive 98/88/EC of 13 November 1998 establishing guidelines for the microscopic identification and estimation of constituents of animal origin for the official control of feedingstuffs(2) is currently the only method validated to control the presence of animal proteins including these proteins treated at 133 °C/3 Bar/20', in feedingstuffs.
(4) An intercomparison study for the determination of processed animal proteins recently demonstrated that the variation in the application of the microscopic tests laid down in Directive 98/88/EC resulted in significant differences in the sensitivity, specificity and accuracy of the method. In order to harmonise and improve determination of processed animal proteins the provisions concerning the microscopic method should be further specified and made mandatory. It is necessary to ensure that analysts performing the method are adequately trained since the performance depends on the skills of the analyst.
(5) Directive 98/88/EC should therefore be replaced.
(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall provide that where official analysis of feedingstuffs is carried out with a view to officially controlling the presence, identification and/or estimation of the amount of constituents of animal origin in feedingstuffs, in the framework of the coordinated inspection programme in the field of animal nutrition in accordance with Council Directive 95/53/EC(3), it shall be carried out in accordance with the provisions of the Annex to this Directive.
Article 2
Member States shall ensure that laboratories carrying out official controls on the presence of animal constituents in feedingstuffs participate periodically in proficiency testing on the analytical methods, and that laboratory personnel carrying out analyses receive adequate training.
Article 3
Directive 98/88/EC is repealed.
References to the repealed Directive shall be construed as references to this Directive.
Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2004 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 5
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 23 December 2003.