EN Official Journal of the European Union L 183/68

COMMISSION RECOMMENDATION (EU) 2016/1110

of 28 June 2016

on the monitoring of the presence of nickel in feed

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Whereas:

(1) The presence of nickel (Ni) in feed can arise from both natural and anthropogenic sources. Additionally, certain feed materials contain metallic nickel, since it is used as a catalyst in their production.

(2) The European Food Safety Authority (‘the Authority’) Panel on Contaminants in the Food Chain (CONTAM Panel) has provided a scientific opinion on the risks to animal and public health and the environment to the presence of Ni in feed (1).

(3) The CONTAM Panel concluded that any adverse impact of Ni via feed to cattle, pigs, rabbits, ducks, fish, dogs, chickens, horses, sheep, goats and cats is unlikely. Concerning the assessment of human health risks from the presence of Ni in food of animal origin, the CONTAM Panel concluded that in the average population the current levels of chronic exposure to Ni, considering only foods of animal origin, might be of potential concern in the young population. Regarding acute dietary exposure, the CONTAM Panel concluded that nickel-sensitized individuals are also at risk of developing eczematous flare-up skin reactions through the consumption of food of animal origin. The contribution of food of animal origin to human dietary exposure to Ni should therefore not be underestimated, particularly in age classes with high dietary exposure to Ni. However from the available data it was not possible to determine carry-over rates from feed to food of animal origin.

(4) It is observed that the occurrence data on Ni in feed used in the EFSA scientific opinion were mainly originating from one Member State and are therefore not necessarily representative for the presence of Ni in feed in the EU.

(5) It is therefore appropriate to monitor the presence of Ni in feed across the EU before considering the setting of maximum levels of Ni in 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 Ni in feed.

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

3. Member States should ensure that the analytical results are provided on a regular basis and at the latest by 31 October 2017 to EFSA in the EFSA data submission format in line with the requirements of EFSA's Guidance on Standard Sample Description (SSD) for Food and Feed (3) and the additional EFSA's specific reporting requirements.

Done at Brussels, 28 June 2016. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) EFSA CONTAM Panel (EFSA Panel on Contaminants in the Food Chain), 2015. Scientific Opinion on the risks to animal and public health and the environment related to the presence of nickel in feed. EFSA Journal 2015;13(4):4074, 76 pp. doi:10.2903/j.efsa.2015.4074 www.efsa.europa.eu/efsajournal

(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) http://www.efsa.europa.eu/en/datex/datexsubmitdata.htm