Commission Recommendation of 10 February 2003 on the coordinated inspection programme in the field of animal nutrition for the year 2003 in accordance with Council Directive 95/53/EC (notified under document number C(2003) 450)
Date: 2003-02-10
Institutions: European Commission
Subjects: EU control, animal nutrition, animal product, antibiotic, food contamination, food inspection, production refund, toxic substance

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COMMISSION

COMMISSION RECOMMENDATION

of 10 February 2003

on the coordinated inspection programme in the field of animal nutrition for the year 2003 in
accordance with Council Directive 95/53/EC

(notified under document number C(2003) 450)

(2003/91/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 95/53/EC of 25 October
1995 fixing the principles governing the organisation of official
inspections in the field of animal nutrition (1), as last amended
by Directive 2001/46/EC of the European Parliament and of
the Council (2), and in particular Article 22(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Directive 95/53/EC provides for the Commission to
submit an overall summary report on the result of
inspections carried out at Community level. The overall
summary report on inspection activities carried out in
the field of animal nutrition based on the information
provided by the Member States concerning the imple-
mentation of the inspection programmes for the year
2001 does not allow definitive conclusions to be drawn.

Three priority criteria have been identified as worthy of
a coordinated inspection programme to be carried out in
the year 2003, namely the monitoring of application of
restrictions on the use of products of animal origin in
feedingstuffs,
the presence of dioxins in by-products
used as feed materials for the manufacture of feeding-
stuffs and the presence of antibiotics banned as growth
promoters in feedingstuffs.

It is important to ensure that the restrictions on the use
of products of animal origin in feedingstuffs, as laid
down in the relevant Community legislation, are effec-
tively enforced.

Certain industrial by-products intended to be used as
feed materials could potentially become contaminated
with dioxins as a result of processing.

(5)

(6)

It is important to ensure that banned antibiotics are not
used as growth promoters in animal nutrition.

The measures provided for in this recommendation are
the Standing
in accordance with the opinion of
Committee on the Food Chain and Animal Health,

HEREBY RECOMMENDS:

1. It is recommended that Member States carry out during the
year 2003 a coordinated monitoring programme aiming to
check:

(a) the implementation of restrictions on the production
and use of products of animal origin as set out in Annex
I;

(b) the contamination of certain industrial by-products with
dioxins as a result of processing as set out in Annex II;

(c) the presence of banned antibiotics used as growth

promoters as set out in Annex III.

2. It is recommended that Member States include the results of
the coordinated monitoring programme provided for in
paragraph 1, as a separate chapter in the report on the
annual control activities to be transmitted by 1 April 2004
in accordance with Article 22 of Directive 95/53/EC.

Done at Brussels, 10 February 2003.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 265, 8.11.1995, p. 17.
(2) OJ L 234, 1.9.2001, p. 55.

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ANNEX I

RESTRICTIONS ON THE PRODUCTION AND USE OF PRODUCTS OF ANIMAL ORIGIN

Without prejudice to Articles 3 to 13 and 15 of Directive 95/53/EC, Member States should, during 2003, undertake a
coordinated inspection programme to determine whether restrictions on the production and use of feed materials of
animal origin have been complied with.

In particular, in order to ensure that the ban on feeding processed animal protein to certain animals, as laid down in
Council Decision 2000/766/EC (1) and Commission Decision 2001/9/EC (2), both last amended by Commission Decision
2002/248/EC (3) is effectively applied, Member States should implement a specific control programme based on targeted
controls. In accordance with Article 4 of Directive 95/53/EC, that control programme should be based on a risk-based
strategy where all stages of production and all types of premises where feed is produced, handled and administered are
included. Member States should pay special attention to the definition of criteria that can be related to a risk. The
weighting given to each criterion should be proportional to the risk. The inspection frequency and the number of
samples analysed in the premises should be in correlation to the sum of weightings allocated to those premises.

The following indicative premises and criteria should be considered when drawing up a control programme:

Premises

Criteria

Weighting

Feed mills

— Double stream feed mills producing ruminant compound
feed and non-ruminant compound feed containing derogated
processed animal proteins

— Feed mills with previous history, or suspicion, of non-compli-

ance

— Feed mills with a high amount of imported feedingstuffs of
high protein content such as fish meal, soybean meal, corn
gluten meal and protein concentrates

— Feed mills with a high amount of production of compound

feed

— Risk of cross-contamination resulting from internal opera-
tional procedures (such as dedication of silos, control of the
effective separation of lines, control of ingredients, internal
laboratory, sampling procedures.)

Border Inspection Posts and
other points of entry into
the Community

— High/low amount of imports of feedingstuffs

— Feedingstuffs with a high protein content

Farms

— Home mixers using derogated processed animal proteins
— Farms keeping ruminants and other species (risk of cross-

feeding)

— Farms purchasing feedingstuffs in bulk

Dealers

— Warehouses and intermediate storage of feedingstuffs with a

high protein content

— High volume of bulk feedingstuffs traded
— Dealers in compound feedingstuffs produced abroad

(1) OJ L 306, 7.12.2000, p. 32.
(2) OJ L 2, 5.1.2001, p. 32.
(3) OJ L 84, 28.3.2002, p. 71.

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Premises

Criteria

Weighting

Mobile mixers

— Mixers producing for several species
— Mixers with previous history, or suspicion, of non-compli-

ance
— Mixers
content

incorporating feedingstuffs with a high protein

— Mixers with a high amount of production of feedingstuffs
— Large number of farms served including farms which keep

ruminants

Means of transportation

— Vehicles used for the transportation of processed animal

proteins and feedingstuffs

— Vehicles with previous history, or suspicion, of non-compli-

ance

As an alternative, Member States may forward their own risk assessment to the Commission before 31 March 2003.

Sampling should be targeted on batches or events where cross-contamination with prohibited processed proteins is most
likely (e.g. first batch after the transport of feedingstuffs containing animal protein prohibited in this batch, technical
problems or changes in production lines, changes in storage bunkers or silos for bulk material).

The minimum number of inspections per year in a Member State should be 10 per 100 000 tonnes of compound feed
produced. The minimum number of official samples per year in a Member State should be 20 per 100 000 tonnes of
compound feed produced. Pending the approval of alternative methods, the microscopic identification and estimation as
laid down in Commission Directive 98/88/EC of 13 November 1998 establishing guidelines for the microscopic identifi-
cation and estimation of constituents of animal origin for the official control of feedingstuffs (1) should be used for the
analysis of the samples. Any presence of prohibited constituents of animal origin in feedingstuffs should be considered
as a breach of the feed ban.

The results of the inspection programmes should be communicated to the Commission using the following formats.

SUMMARY OF CHECKS CONCERNING FEEDING RESTRICTIONS FOR FEED OF ANIMAL ORIGIN (FEEDING OF
PROHIBITED PROCESSED ANIMAL PROTEINS)

A. Documented inspections

(1) OJ L 318, 27.11.1998, p. 45.

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B. Sampling and testing of feed materials and compound feedingstuffs for processed animal proteins

C. Summary on prohibited processed animal proteins found in samples of feedingstuffs intended for ruminants

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ANNEX II

CONTAMINATION OF CERTAIN INDUSTRIAL BY-PRODUCTS WITH DIOXINS AS A RESULT OF DRYING
OR OTHER TYPES OF PROCESSING

Many by-products of food processing are used as feed materials. Special attention should be paid to a possible contami-
nation of these by-products, which may occur at certain steps of their production process namely when chemical
substances such as catalysts, solvents, pelleting aids, pH modifiers or filtration agents are introduced.

Furthermore, extraction processes such as oil from oilseeds, palm kernels or coconut products sometimes involve the
use of organic solvents. The presence of dioxins as solvent contaminants, but also the possible genesis of these
compounds from chemical reactions between the solvent and feed materials may contribute to the contamination of the
by-products (oilseed cakes) of the oil industry used as feed materials.

Particular attention should also be paid to the drying process used for the by-products. Drying of these by-products/feed
materials such as green forage, sugar beet pulp or citrus pulp may involve atmospheric air flow or hot air generated by
a non-polluting source, for example electric heating or heat exchange. Under these circumstances no dioxin contamina-
tion can be expected. However, other drying techniques involving direct contact between feed materials and an air flow
heated by a direct combustion process and carrying combustion products (gases, smoke) may constitute a considerable
pollution source highly dependent on the nature of the fuel used. Whereas natural gas is regarded as a clean energy
source, other sources (i.e. oil and derivatives including additives, pit-coal, wood) may generate dioxins during the
combustion process, especially if combustion is incomplete. High levels of dioxins on dried green forage have been
reported, caused by a direct drying process whereby chemically treated (with paint, with pentachlorophenol) waste wood
was used as a burning material.

Increased control of these feed materials ‘at risk’ is appropriate. In order to be able to identify precisely the source of
contamination, an additional investigation is necessary if an increased level is found (see Commission Recommendation
2002/201/EC of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feedingstuffs and food-
stuffs (1)).

A. Summary on contamination of by-products with dioxins

(1) OJ L 67, 9.3.2002, p. 69.

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ANNEX III

PRESENCE OF BANNED ANTIBIOTICS USED AS GROWTH PROMOTERS

Antibiotics may be legally present in feedingstuffs when prescribed by a veterinarian for disease prevention and treat-
ment. Council Directive 90/167/EEC lays down the conditions governing the preparation, placing on the market and use
of medicated feedingstuffs in the Community (1).

Antibiotics may also be legally present when authorised under Council Directive 70/524/EEC of 23 November
concerning additives in feedingstuffs (2), for coccidiosis prevention or growth promotion purposes. In the latter category
only monensin-sodium, salinomycine-sodium, flavophospholipol and avilamycine are currently authorised.

Any other use of antibiotics is not authorised in feedingstuffs.

During 2001 some Member States found a significant number of samples of feedingstuffs where the presence of
unauthorised antibiotics was detected.

Increased control on feedingstuffs is therefore appropriate. In order to develop appropriate control strategies, additional
investigations should be carried out when unauthorised antibiotics are detected in order to identify the cause of their
presence in feedingstuffs.

A. Summary on banned antibiotics used as growth promoters found in samples of feedingstuffs

(1) OJ L 92, 7.4.1990, p. 42.
(2) OJ L 270, 14.12.1970, p. 1.