Commission Directive 2003/57/EC of 17 June 2003 amending Directive 2002/ 32/EC of the European Parliament and of the Council on undesirable substances in animal feedText with EEA relevance
Date: 2003-06-17
Institutions: European Commission
Subjects: animal nutrition, food additive, food inspection, food standard, toxic substance

L 151/38

EN

Official Journal of the European Union

19.6.2003

COMMISSION DIRECTIVE 2003/57/EC

of 17 June 2003

amending Directive 2002/32/EC of the European Parliament and of the Council on undesirable
substances in animal feed

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2002/32/EC of the European Parlia-
the Council of 7 May 2002 on undesirable
ment and of
feed (1), and in particular Article 8(1)
substances in animal
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Directive 1999/29/EC on the undesirable
in animal nutrition (2), as
substances and products
amended by Directive 2001/102/EC (3),
establishes
maximum levels for dioxins in several feed materials and
compound feedingstuffs.

Directive 2002/32/EC repeals and replaces Directive
1999/29/EC with effect from 1 August 2003.

It is of major importance for public and animal health
protection that the maximum levels for dioxins estab-
lished by Directive 1999/29/EC remain in force after 1
August 2003. Directive 2002/32/EC should therefore be
amended in order to include the maximum levels for
dioxins, established by Directive 1999/29/EC.

In order to avoid any confusion it is appropriate to
specify that minerals refer to the feed materials in the
meaning of the Annex of Council Directive 96/25/EC of
29 April 1996 on the circulation and use of feed mate-
rials (4) as last amended by Directive 2001/46/EC of the
European Parliament and of the Council (5).

For greater clarity the rules governing dioxins should be
collected in a single text. As a result, it is appropriate to
amend Directive 2002/32/EC by inserting as an annex
thereto the provisions of Commission Regulation (EC)
No 2439/1999 of 17 November 1999 on the conditions
for the authorisation of additives belonging to the group
‘binders, anti-caking agents and coagulants’ in feeding-
stuffs (6), as amended by Regulation (EC) No 739/
2000 (7), which establishes a provisional maximum limit
for kaolinitic clays and other additives authorised for use
as binders, anti-caking agents and coagulants. As no or
insufficient monitoring data on the presence of dioxins
have been provided for calcium sulphate dihydrate,
vermiculite, natrolite-phonolite, synthetic calcium alumi-

(1) OJ L 140, 30.5.2002, p. 10.
(2) OJ L 115, 4.5.1999, p. 32.
(3) OJ L 6, 10.1.2002, p. 45.
(4) OJ L 125, 23.5.1996, p. 35.
(5) OJ L 234, 1.9.2001, p. 55.
(6) OJ L 297, 18.11.1999, p. 8.
(7) OJ L 87, 8.4.2000, p. 14.

nates and clinoptilolite of sedimentary origin demon-
strating the absence of contamination by dioxins or
contamination at levels below the limit of quantification,
it is therefore appropriate in order to protect animal and
human health to establish for
a
maximum level for dioxins in addition to the maximum
level for dioxins in kaolinitic clay. As a result, Regulation
(EC) 2439/1999 can be repealed.

additives

these

(6)

The measures provided for in this Directive are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2002/32/EC is hereby amended in accor-
dance with the Annex to this Directive.

Article 2

1. With exception of the provisions concerning the entries
(c) and (j) in the list of products in the table annexed to this
Directive, Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive by 31 July 2003 at the latest. They shall forth-
with inform the Commission thereof. They shall apply these
provisions from 1 August 2003.

With regard to the provisions concerning the entries (c) and (j)
in the list of products in the table annexed to this Directive,
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 29 February 2004 at the latest. They shall forthwith
inform the Commission thereof. They shall apply these provi-
sions from 1 March 2004.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence 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.

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Official Journal of the European Union

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Article 3

Article 5

Commission Regulation (EC) No 2439/1999 of 17 November
1999 on the conditions for the authorisation of additives
belonging to the group ‘binders, anti-caking agents and coagu-
from 1
lants’
March 2004.

in feedingstuffs shall be repealed with effect

Article 4

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

This Directive is addressed to the Member States.

Done at Brussels, 17 June 2003.

For the Commission

David BYRNE

Member of the Commission

L 151/40

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Official Journal of the European Union

19.6.2003

ANNEX

Annex I to Directive 2002/32/EC is amended as follows:

(a) in the table, point 27 shall be replaced by the following:

Undesirable substances

Products intended for animal feed

Maximum content relative to a feeding-
stuff with a moisture content of 12 %

(1)

(2)

(3)

‘27. Dioxin (sum of polychlorinated
(PCDDs)
dibenzo-para-dioxins
dibenzo-
polychlorinated
and
in
furans
World
Organisation
(WHO) toxic equivalents, using
the WHO-TEFs
equiva-
lency factors, 1997))

(PCDFs)
Health

expressed

(toxic

(a) All

feed materials of plant
origin including vegetable oils
and by-products

0,75 ng WHO-PCDD/F-TEQ/kg (5)(6)

(b) Minerals in the meaning of the
Annex to Council Directive
96/25/EC of 29 April 1996 on
the circulation and use of feed
materials

1,0 ng WHO-PCDD/F-TEQ/kg (5)(6)

0,75 ng WHO-PCDD/F-TEQ/kg (5)(6)

(c) Kaolinitic

calcium
clay,
sulphate dihydrate, vermiculite,
natrolite-phonolite,
synthetic
calcium aluminates and clinop-
tilolite of sedimentary origin
group
belonging
agents
“binders,
and
authorised
under Council Directive 70/
524/EEC

the
anti-caking

coagulants”

to

(d) Animal fat, including milk fat

2,0 ng WHO-PCDD/F-TEQ/kg (5)(6)

and egg fat

(e) Other

land animal products
including milk
and milk
products and eggs and egg
products

0,75 ng WHO-PCDD/F-TEQ/kg (5)(6)

(f) Fish oil

6 ng WHO-PCDD/F-TEQ/kg (5)(6)

1,25 ng WHO-PCDD/F-TEQ/kg (5)(6)

(g) Fish, other

aquatic

animals,
their products and by-products
with the exception of fish oil
and fish protein hydrolysates
containing more than 20 %
fat (7)

(h) Compound feedingstuffs, with
the exception of feedingstuffs
for fur animals, pet foods and
feedingstuffs for fish

0,75 ng WHO-PCDD/F-TEQ/kg (5)(6)

(i) Feedingstuffs for fish.

2,25 ng WHO-PCDD/F-TEQ/kg (5)(6)

Pet foods

(j) Fish

protein

hydrolysates
containing more than 20 % fat

2,25 ng WHO-PCDD/F-TEQ/kg (5)(6)’

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(b) at the end of Annex I, footnote (5) is deleted and the following footnotes shall be added:

‘(5) Upper-bound concentrations; upper-bound concentrations are calculated assuming that all values of the different

congeners less than the limit of quantification are equal to the limit of quantification.

(6) These maximum limits shall be reviewed for the first time before 31 December 2004 in the light of new data on
the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the
levels to be set and will be further reviewed before 31 December 2006 with the aim of significantly reducing of
the maximum levels.

(7) Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur
animals is exempted from the maximum limit and a maximum level of 4,0 ng WHO-PCDD/F-TEQ/kg product is
applicable to fresh fish used for the direct feeding of pet animals, zoo and circus animals. The products,
processed animal proteins produced from these animals (fur animals, pet animals, zoo and circus animals) cannot
enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for
the production of food.’