EN Official Journal of the European Union CE 70/51

(2004/C 70 E/054)

WRITTEN QUESTION E-1601/03

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

(12 May 2003)

Subject: Lifting of the temporary restriction on the use of fishmeal in animal feed

Annex I to Commission Decision 2001/9/EC (1) concerning control measures required for the implementation of Council Decision 2000/766/EC (2) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein lays down the conditions under which the Member States may authorise the feeding of fishmeal to animals other than ruminants. Even though the measures taken in Decision 2000/766/EC allow the use of fishmeal in the feeding of pigs, poultry and aquatic species, the measures laid down in Annex I to Decision 2001/9/EC are so restrictive as to render such use virtually impossible.

Is the Commission aware of the economic harm which these measures are causing for the European fishoil and fishmeal industry?

What steps has the Commission taken or will it take to resolve these problems and mitigate the damage caused?

Bearing in mind that the Commission must review the application of these measures by 30 June 2003, their precautionary nature and the fact that they were adopted without any scientific basis, and taking account of the adverse socio-economic impact on the EU industry and the suitability of this raw material for animal feed, does the Commission not consider it appropriate to repeal these measures and lift the consequent temporary ban on the use of fishmeal in animal feed?

Answer given by Mr Byrne on behalf of the Commission

(30 June 2003)

Council Decision 2000/766/EC (3) (the extended feed ban), implemented by Commission Decision 2001/9/EC (4), both last amended by Commission Decision 2002/248/EC (5), aims at preventing cattle from being exposed to ruminant meat-and-bone meal, potentially contaminated with prions causing bovine spongiform encephalopathy (BSE). It is a crucial tool in the control and eradication of BSE in cattle and therefore necessary to guarantee safe beef.

Fishmeal itself does not present a risk for BSE. The reason for banning fishmeal in feed is a matter of control. In particular, the presence of fishmeal may hamper the control of the presence of ruminant meat-and-bone meal in feed. Preliminary results of a recent ring trial indicate that it is difficult to detect a contamination of 0,1 % mammalian proteins in feed containing 5 % of fishmeal with the present detection method. However, by modifying the microscopic test, an analytical tool to improve the differentiation of fishmeal from other animal proteins may become available on short term.

The extended feed ban applies as a transitional measure until 30 June 2003, pursuant to Regulation (EC) No 999/2001 of the Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (6). The Commission has submitted a proposal to the Parliament and to the Council to extend all the transitional measures pursuant to Regulation (EC) No 999/2001, due to certain delays in establishing the BSE status of countries. As regards the feed ban however, the Commission is at the same time proposing to end its transitional character and to introduce the current provisions into Regulation (EC) No 999/2001. This is because in the current situation it is considered appropriate to maintain the feed ban in all Member States regardless of their future BSE status and because the preconditions for lifting the ban are not fulfilled. In particular, appropriate validated analytical methods to differentiate ruminant proteins from proteins of other species are not yet available and the Commission's Food and Veterinary Office is still reporting deficiencies in the control of the feed ban.

The Commission is aware that the conditions to use fishmeal in non-ruminant feed have presented difficulties, resulting in a reduction of the market for fishmeal in non-ruminant animal nutrition since 2001. The proposal aims to simplify some of the conditions for using fishmeal. A step-by-step lifting of the feed ban on a prudent and scientifically justified basis may be considered in the light of development of analytical tests over the next six to twelve months.

(1) OJ L 2, 5.1.2001, p. 32.

(2) OJ L 306, 7.12.2000, p. 32.

(3) 2000/766/EC: Council Decision of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, OJ L 306, 7.12.2000.

(4) 2001/9/EC: Commission Decision of 29 December 2000 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein (Text with EEA relevance) (notified under document number C(2000) 4412), OJ L 2, 5.1.2001.

(5) 2002/248/EC: Commission Decision of 27 March 2002 amending Council Decision 2000/766/EC and Commission Decision 2001/9/EC with regard to transmissible spongiform encephalopathies and the feeding of animal proteins (Text with EEA relevance) (notified under document number C(2002) 1277), OJ L 84, 28.3.2002.

(6) OJ L 147, 31.5.2001.