COMMISSION RECOMMENDATION

of 20 May 2022

on monitoring the presence of inorganic arsenic in feed

(2022/C 206/01)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,

Whereas:

(1) The inorganic and organic forms of arsenic differ significantly in their toxicity, the organic arsenic compounds exhibiting a very low toxic potential. Consequently, the potential adverse effects of arsenic on animal (and human) health are determined by the inorganic fraction in a given feed (or food) product. In feed materials such as fish, other aquatic animals and products derived thereof, and algae and products derived thereof, arsenic is present predominantly in the organic forms. Data reporting only total arsenic in such feed materials are difficult to interpret in terms of the potential to induce adverse effects.

(2) Directive 2002/32/EC of the European Parliament and of the Council (1) establishes maximum levels for arsenic in a wide range of products intended for animal feed. The maximum levels refer to total arsenic, as when establishing the maximum levels for arsenic in feed, no routine method of analysis was available to analyse inorganic arsenic separately and only the level of total arsenic could be routinely analysed.

(3) The European Union Reference Laboratory for metals and nitrogenous compounds confirmed that routine methods of analysis are available to analyse inorganic arsenic in feed of marine, animal and plant origin but not in mineral feed matrices. However in mineral feed, the arsenic will be present in inorganic form and hence a total arsenic determination is in such feed matrices a good estimate of the inorganic arsenic concentration.

(4) Only limited occurrence data on the presence of inorganic arsenic in feed are available in the European Food Safety Authority (EFSA) database.

(5) It is therefore appropriate to monitor the presence of inorganic arsenic in feed across the Union before considering the setting of maximum levels of inorganic arsenic in certain feed or any other risk management measures needed to ensure a high level of animal and human health protection,

HAS ADOPTED THIS RECOMMENDATION:

1. Member States should, with the active involvement of feed business operators, perform monitoring for the presence of inorganic arsenic in feed. It is recommended to determine in the same samples the total arsenic content in view of determining the ratio between the presence of inorganic arsenic compared to total arsenic.

2. In particular, samples of the following feed materials and compound feed should be taken: (a) meal made from grass, from dried lucerne and from dried clover; (b) dried (sugar) beet pulp, and dried (sugar) beet pulp (molassed); (c) palm kernel expeller; (d) fish, other aquatic animals and products derived thereof; (e) seaweed meal and feed materials derived from seaweed; (f) compound feed containing fish, other aquatic animals and products derived thereof and/or seaweed meals and feed materials derived from seaweed.

3. In order to ensure that the samples are representative of the sampled lot, Member States should follow the sampling procedure laid down in Commission Regulation (EC) No 152/2009 ( 2 )

4. Member States should ensure that the analytical results are provided on a regular basis and at the latest by 30 June 2023 to EFSA in the EFSA data submission format in line with the requirements of EFSA’s Guidance on Standard Sample Description (SSD2) for Food and Feed ( 3 ) and the additional EFSA’s specific reporting requirements.

Done at Brussels, 20 May 2022. For the Commission Stella KYRIAKIDES Member of the Commission

(1) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

(2) Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1)

(3) https://www.efsa.europa.eu/en/call/call-continuous-collection-chemical-contaminants-occurrence-data-0