Commission Regulation (EC) No 1234/2003 of 10 July 2003 amending Annexes I, IV and XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Regulation (EC) No 1326/2001 as regards transmissible spongiform encephalopathies and animal feeding (Text with EEA relevance)
Date: 2003-07-10
Institutions: European Commission
Subjects: animal nutrition, animal protein, bovine spongiform encephalopathy, disease prevention, health control, human nutrition, processed foodstuff

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COMMISSION REGULATION (EC) No 1234/2003

of 10 July 2003

amending Annexes I, IV and XI to Regulation (EC) No 999/2001 of the European Parliament and of
the Council and Regulation (EC) No 1326/2001 as regards transmissible spongiform encephalopa-
thies and animal feeding

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 999/2001 of
the
European Parliament and of the Council of 22 May 2001 laying
down rules for the prevention, control and eradication of
certain transmissible spongiform encephalopathies (TSEs) (1), as
last amended by Commission Regulation (EC) No 1139/
2003 (2), and in particular Article 23 thereof,

Whereas:

(1)

(2)

Article 7 of Regulation (EC) No 999/2001 lays down
certain prohibitions concerning animal feeding. By way
of a transitional measure, Commission Regulation (EC)
No 1326/2001 (3), as amended by Regulation (EC) No
270/2002 (4), provides that Article 7 of Regulation (EC)
No 999/2001 is not to apply to a Member State until
the coming into force of the decision determining the
bovine spongiform encephalopathy (BSE) status of that
Member State, and until the Community provisions on
animal feeding relevant to TSEs are effectively enforced
in the Member State.

spongiform encephalopathies

Council Decision 2000/766/EC of 4 December 2000
concerning certain protection measures with regard to
transmissible
and the
feeding of animal protein (5), as
last amended by
Commission Decision 2002/248/EC (6), provides for the
prohibition of feeding of processed animal protein to
farmed animals which are kept fattened or bred for the
production of food. However, under certain conditions,
that prohibition does not apply to a number of
processed animal proteins such as fishmeal, hydrolysed
proteins and dicalcium phosphate, the use of which does
not present a risk of TSEs nor hampers controls of
proteins potentially posing a risk of TSEs.

(3)

Accordingly, Commission Decision 2001/9/EC of 29
December 2000 concerning control measures required
for the implementation of Council Decision 2000/766/
EC concerning certain protection measures with regard

(1) OJ L 147, 31.5.2001, p. 1.
(2) OJ L 160, 28.6.2003, p. 22.
(3) OJ L 177, 30.6.2001, p. 60.
(4) OJ L 45, 15.2.2002, p. 4.
(5) OJ L 306, 7.12.2000, p. 32.
(6) OJ L 84, 28.3.2002, p. 71.

to transmissible spongiform encephalopathies and the
feeding of animal protein (7), as last amended by Deci-
sion 2002/248/EC, established the conditions for the use
of processed animal protein in feed not covered by the
prohibition provided for in Decision 2000/766/EC.

Regulation (EC) No 1774/2002 of the European Parlia-
ment and of the Council of 3 October 2002 laying down
health rules concerning animal by-products not intended
for human consumption (8), as amended by Commission
Regulation (EC) No 808/2003 (9), lays down animal and
public health rules for the collection, transport, storage,
handling, processing and use or disposal of animal by-
products,
including conditions for their use in animal
feeding. That Regulation became applicable on 1 May
2003.

Taking into account the fact that it is possible, although
difficult,
to differentiate between fishmeal and other
processed animal proteins potentially posing a risk of
TSEs, and also that Regulation (EC) No 1774/2002 intro-
duced new provisions on the controls of all processed
animal proteins, the conditions on the use of fishmeal as
currently set out
in Decision 2001/9/EC, should be
simplified.

The Scientific Steering Committee (SSC) indicated in its
opinion of 17 September 1999 on intra-species recy-
cling, and again in its opinion of of 27 and 28
November 2000 on the scientific basis for banning
animal protein from feed for all farmed animals, that
there is no evidence of the natural occurrence of TSE in
non-ruminant farmed animals producing food, such as
pigs and poultry.

from such non-ruminant

farmed
Animal proteins
animals are presently prohibited or restricted under
Decisions 2000/766/EC and 2001/9/EC because they
cannot be differentiated from prohibited ruminant
proteins by current tests. However, certain proteins do
control of potentially infective
not
processed animal protein in feedingstuffs and their use
in animal feeding should therefore be authorised.

jeopardise

the

(4)

(5)

(6)

(7)

(7) OJ L 2, 5.1.2001, p. 32.
(8) OJ L 273, 10.10.2002, p. 1.
(9) OJ L 117, 13.5.2003, p. 1.

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(8)

(9)

On 6 and 7 March 2003, the SSC adopted an opinion
and report on the safety of dicalcium phosphate and
tricalcium phosphate from bovine bones, used as animal
feed or as fertiliser. Since tricalcium phosphate is not
considered to present a TSE risk provided that certain
processing conditions are complied with, and since it
does not jeopardise the control of potentially infective
animal protein, the use of tricalcium phosphate should
be authorised.

As no decision has yet been taken concerning the deter-
mination of the BSE-status of Member States, and in the
interests of clarity, the provisions set out in Decision
2000/766/EC should apply to all Member States regard-
less of their future BSE status. In addition, those provi-
sions should be updated to take account of Regulation
(EC) No 1774/2002.

(10)

In order to ensure that BSE is not transmitted to third
countries through potentially contaminated processed
animal protein, and to prevent the risk of their fraudu-
lent re-introduction in the Community, the export of
processed animal protein of ruminant origin, except
when used in petfood, should be prohibited.

(11) As and when the necessary control tools and reasonable
evidence that the implementation of the current provi-
sions is satisfactory in all Member States become avail-
able, the prohibition on the use of fishmeal to rumi-
nants, the use of avian protein to farmed animals other
than ruminants and the use of porcine protein to farmed
animals other than ruminants should be reviewed.

(12)

(13)

Regulation (EC) No 999/2001 should therefore be
amended accordingly. In addition, Decisions 2000/766/
EC and 2001/9/EC should be repealed.

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

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, IV and XI to Regulation (EC) No 999/2001 are
amended in accordance with the Annex to this Regulation.

Article 2

In Article 1 of Regulation (EC) No 1326/2001, point 2 is
deleted.

Article 3

Decisions 2000/766/EC and 2001/9/EC are repealed. Refer-
ences to the repealed Decisions shall be construed as references
to this Regulation.

Article 4

This Regulation shall enter into force on 1 September 2003.

The provisions of this Regulation shall be reviewed in the light
of emerging scientific evidence and new control methods.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 July 2003.

For the Commission

David BYRNE

Member of the Commission

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Annexes I, IV and XI to Regulation (EC) No 999/2001 are amended as follows:

1. Annex I is replaced by the following:

ANNEX

‘ANNEX I

SPECIFIC DEFINITIONS

1. For the purpose of this Regulation, the following definitions set out in Regulation (EC) No 1774/2002 of the
European Parliament and of the Council (*), Regulation (EC) No 178/2002 of the European Parliament and of the
Council (**) and Council Directive 79/373/EEC (***) shall apply:
(a) Regulation (EC) No 1774/2002:

(i) “farmed animal” in Article 2(1)(f);
(ii) “petfood” in point 41 of Annex I;
(iii) “processed animal protein” in point 42 of Annex I;
(iv) “gelatine” in point 26 of Annex I;
(v) “blood products” in point 4 of Annex I;
(vi) “bloodmeal” in point 6 of Annex I; and
(vii) “fishmeal” in point 24 of Annex I.

(b) the definition of “feedingstuff” in Article 3(4) of Regulation (EC) No 178/2002;

(c) the definition of “complete feedingstuff” in Article 2(d) of Directive 79/373/EEC.

2. For the purpose of this Regulation, the following definitions shall also apply:

(a) “indigenous case of BSE”: means a case of bovine spongiform encephalopathy which has not been clearly

demonstrated to be due to infection prior to importation as a live animal;

(b) “discrete adipose tissue”: means internal and external body fat removed during the slaughter and cutting
process, in particular fresh fat from the heart, caul and kidney of bovine animals, and fat from cutting rooms;

(c) “cohort”: means a group of bovine animals which were,

(i) born in the same herd as the affected bovine animal, and within 12 months preceding or following the

birth of the affected animal; or

(ii) reared together with the affected bovine animal at any time during the first year of their life and which
may have consumed the same feed as that which the affected bovine animal consumed during the first
year of its life.

(*) OJ L 273, 10.10.2002, p. 1.
(**) OJ L 31, 1.2.2002, p. 1.
(***) OJ L 86, 6.4.1979, p. 30.’

2. Annex IV is replaced by the following:

‘ANNEX IV

ANIMAL FEEDING

Extension of the prohibition provided for in Article 7(1)

1. The prohibition provided for in Article 7(1) shall be extended to the feeding:

(a) to farmed animals, with the exception of the feeding of carnivorous fur producing animals, of:

(a) processed animal protein;

(b) gelatine of ruminant origin;

(c) blood products;

(d) hydrolysed protein;

(e) dicalcium phosphate and tricalcium phosphate of animal origin;

(f) feedingstuffs containing the proteins listed in points (a) to (e);

(b) to ruminants of animal protein and feedingstuffs containing such protein.

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2. I. Derogations from the prohibitions provided for in Article 7(1) and (2), and specific conditions for the applica-

tion of such derogations.

A. The prohibitions provided for in Article 7(1) and (2) shall not apply to:

(a) the feeding to non-ruminants of the proteins referred to in (i), (ii) and (iii), and of feedingstuffs derived
from such proteins, provided that those proteins have been processed where applicable in accordance
with Article 19 of Regulation (EC) No 1774/2002:

(i) fishmeal, in accordance with the conditions laid down in point B;

(ii) hydrolysed proteins derived from non-ruminants and ruminant hides and skins, in accordance

with the conditions laid down in point C;

(iii) dicalcium phosphate and tricalcium phosphate, in accordance with the conditions laid down in

point D;

(b) the feeding to ruminants of the proteins referred to in (i), (ii) and (iii), and of products derived from
such proteins, provided that the proteins have been processed where applicable in accordance with
the provisions in Article 19 of Regulation (EC) No 1774/2002:

(i) milk, milk-based products and colostrum;

(ii) eggs and egg products;

(iii) gelatine derived from non-ruminants;

(c) the feeding to fish of blood products and bloodmeal derived from non-ruminants, provided that they
have been processed where applicable in accordance with Article 19 of Regulation (EC) No 1774/
2002 and of feedingstuffs derived from such proteins, in accordance with the conditions laid down in
point E.

B. Conditions for the use of fishmeal and feedingstuffs containing fishmeal in the feeding of non-ruminant

farmed animals with the exception of carnivorous fur producing animals.

(a) The fishmeal shall be produced in processing plants dedicated exclusively to the production of fish
derived products, which shall be approved for this purpose by the competent authority in accordance
with Article 17 of Regulation (EC) No 1774/2002.

(b) Before release for free circulation in the Community, each consignment of imported fishmeal shall be

analysed in accordance with Commission Directive 98/88/EC (*).

(c) Feedingstuffs containing fishmeal shall be produced in establishments which do not produce feeding-

stuffs for ruminants and which are authorised for this purpose by the competent authority.

However, by way of derogation from that condition:

(i) a specific authorisation for the production of complete feedingstuffs from feedingstuffs containing

fishmeal is not required for home compounders:

— registered by the competent authority,

— keeping only non-ruminants,

— producing complete feedingstuffs for use only in the same holding, and

— provided that the feedingstuffs containing fishmeal used in the production contain less than

50 % crude protein;

(ii) the production of feedingstuffs for ruminants in establishments which also produce feedingstuffs
containing fishmeal for other animal species may be authorised by the competent authority
subject to the following conditions:

— bulk and packaged feedingstuffs destined for ruminants are manufactured in facilities physi-

cally separate from facilities where feedingstuffs containing fishmeal are manufactured,

— bulk feedingstuffs destined for ruminants are kept in facilities physically separate from facilities
where bulk fishmeal and bulk feedingstuffs containing fishmeal are kept during storage, trans-
port and packaging,

— records detailing the purchases and uses of fishmeal and the sales of feedingstuffs containing

fishmeal are kept available to the competent authority for at least five years, and

— routine tests are carried out on feedingstuffs destined to ruminants to ensure that prohibited

proteins including fishmeal are not present.

(d) The label and accompanying document of feedingstuffs containing fishmeal shall clearly indicate the

words “contains fishmeal — cannot be fed to ruminants”.

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(e) Bulk feedingstuffs containing fishmeal shall be transported by means of vehicles which do not trans-
port at the same time feedingstuffs for ruminants. If the vehicle is subsequently used for the transport
of feedingstuffs intended for ruminants, it shall be thoroughly cleaned in accordance with a procedure
approved by the competent authority to avoid cross-contamination.

(f) The use and storage of feedingstuffs containing fishmeal shall be prohibited in farms where ruminants

are kept.

By way of derogation from that condition, the competent authority may permit the use and storage
of feedingstuffs containing fishmeal in farms where ruminants are kept, if they are satisfied that on-
farm measures are implemented to prevent that feedingstuffs containing fishmeal are fed to rumi-
nants.

C. Conditions for the use of hydrolysed proteins derived from non-ruminants or from ruminant hides and
skins, and feedingstuffs containing such proteins, in the feeding of non-ruminant farmed animals, with
the exception of the feeding of carnivorous fur producing animals.

(a) The hydrolysed proteins shall be produced in a processing plant approved by the competent authority

in accordance with Article 17 of Regulation (EC) No 1774/2002.

(b) Feedingstuffs containing hydrolysed proteins shall be produced in establishments which do not
prepare feedingstuffs for ruminants and which are authorised for this purpose by the competent
authority.

However, by way of derogation from that condition:

(i) a specific authorisation for the production of complete feedingstuffs from feedingstuffs containing

hydrolysed proteins is not required for home compounders:

— registered by the competent authority,

— keeping only non-ruminants,

— producing complete feedingstuffs for use only in the same holding, and

— provided that the feedingstuffs containing hydrolysed proteins used in the production contain

less than 50 % crude protein;

(ii) the production of feedingstuffs for ruminants in establishments which also produce feedingstuffs
containing hydrolysed proteins for other animal species may be authorised by the competent
authority subject to the following conditions:

— bulk and packaged feedingstuffs destined for ruminants are manufactured in facilities physi-
cally separate from facilities where feedingstuffs containing hydrolysed proteins are manufac-
tured,

— bulk feedingstuffs destined for ruminants are kept in facilities physically separate from facilities
where bulk hydrolysed proteins and bulk feedingstuffs containing hydrolysed proteins are kept
during storage, transport and packaging,

— records detailing the purchases and uses of hydrolysed proteins, and the sales of feedingstuffs
containing hydrolysed proteins are kept available to the competent authority for at least five
years.

(c) The label and the accompanying document of the feedingstuffs containing hydrolysed proteins shall

clearly indicate the words “contains hydrolysed proteins — cannot be fed to ruminants”.

(d) Bulk feedingstuffs containing hydrolysed proteins shall be transported by mean of vehicles which do
not transport at the same time feedingstuffs for ruminants. If the vehicle is subsequently used for the
transport of feedingstuffs intended for ruminants, it shall be thoroughly cleaned in accordance with a
procedure approved by the competent authority to avoid cross-contamination.

(e) The use and storage of feedingstuffs containing hydrolysed proteins shall be prohibited in farms where

ruminants are kept.

By way of derogation from that condition, the competent authority may permit the use and storage
of feedingstuffs containing hydrolysed proteins in farms where ruminants are kept, if they are satisfied
that on-farm measures are implemented to prevent the feeding of feedingstuffs containing hydrolysed
proteins to ruminants.

D. Conditions for the use of dicalcium phosphate, tricalcium phosphate and feedingstuffs containing such
proteins in the feeding of non-ruminant farmed animals with the exception of the feeding of carnivorous
fur producing animals.

(a) Dicalcium phosphate and tricalcium phosphate shall be produced in a processing plant approved by

the competent authority in accordance with Article 17 of Regulation (EC) No 1774/2002.

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(b) Feedingstuffs containing dicalcium phosphate or tricalcium phosphate shall be produced in establish-
ments which do not prepare feedingstuffs for ruminants and which are authorised for this purpose by
the competent authority.

However, by way of derogation from that condition:

(i) a specific authorisation for the production of complete feedingstuffs from feedingstuffs containing

dicalcium phosphate or tricalcium phosphate is not required for home compounders:

— registered by the competent authority,

— keeping only non-ruminants,

— producing complete feedingstuffs for use only in the same holding, and

— provided that the feedingstuffs containing dicalcium phosphate or tricalcium phosphate used

in the production contain less than 10 % total phosphorus;

(ii) the production of feedingstuffs for ruminants in establishments which also produce feedingstuffs
containing dicalcium phosphate or tricalcium phosphate for other animal species may be
authorised by the competent authority subject to the following conditions:

— bulk and packaged feedingstuffs destined for ruminants are manufactured in facilities physi-
cally separate from facilities where feedingstuffs containing dicalcium phosphate or tricalcium
phosphate are manufactured,

— bulk feedingstuffs destined for ruminants are kept in facilities physically separate from facilities
where bulk dicalcium phosphate and bulk tricalcium phosphate and bulk feedingstuffs
containing dicalcium phosphate and tricalcium phosphate are kept during storage, transport
and packaging,

— records detailing the purchases and uses of dicalcium phosphate or tricalcium phosphate and
the sales of feedingstuff containing dicalcium phosphate or tricalcium phosphate are kept
available to the competent authority for at least five years.

(c) The label and accompanying document of the feedingstuffs containing dicalcium phosphate or trical-
cium phosphate shall clearly indicate the words “contains dicalcium/tricalcium phosphate of animal
origin — cannot be fed to ruminants”.

(d) Bulk feedingstuffs containing dicalcium phosphate or tricalcium phosphate shall be transported by
mean of vehicles which do not transport at the same time feedingstuffs for ruminants. If the vehicle is
subsequently used for the transport of feedingstuffs intended for ruminants, it shall be thoroughly
cleaned in accordance with a procedure approved by the competent authority to avoid cross-contami-
nation.

(e) The use and storage of feedingstuffs containing dicalcium phosphate or tricalcium phosphate shall be

prohibited in farms where ruminants are kept.

By way of derogation from that condition, the competent authority may permit the use and storage
of feedingstuffs containing dicalcium phosphate or tricalcium phosphate in farms where ruminants
are kept, if they are satisfied that on-farm measures are implemented to prevent that feedingstuffs
containing dicalcium phosphate or tricalcium phosphate are fed to ruminants.

E. Conditions for the use of blood products, bloodmeal and feedingstuffs containing such proteins of non-

ruminant origin in the feeding of farmed fish:

(a) the blood shall be derived from EU approved slaughterhouses not slaughtering ruminants which are
registered as not slaughtering ruminants and shall be transported directly to the processing plant in
vehicles dedicated exclusively to the transport of non-ruminant blood. If the vehicle was used for the
transport of ruminant blood, it shall be, following cleaning, inspected by the competent authority
before the transport of non-ruminant blood.

By way of derogation from that condition, the competent authority may permit the slaughter of rumi-
nants in slaughterhouses collecting non-ruminant blood intended for the production of blood meal
and blood products for use in fish feed if these slaughterhouses have a recognised control system. The
control system shall at least include:

— the slaughtering of non-ruminants physically separate from the slaughtering of ruminants,

— collection, storage, transport and packaging of blood from non-ruminant origin in facilities physi-
cally separate from facilities where blood of ruminant origin is collected, stored, transported and
packaged, and

— regular sampling and analysis of blood from non-ruminant origin for the presence of ruminant

proteins;

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(b) the blood products and the bloodmeal shall be produced in an establishment exclusively processing
non-ruminant blood and approved by the competent authority in accordance with Article 17 of Regu-
lation (EC) No 1774/2002.

By way of derogation from that condition, the competent authority may permit the production of
blood products for use in fish feed in establishments processing ruminant blood, which have a recog-
nised control system in place preventing cross-contamination. The control system shall at least
include:

— processing of non-ruminant blood in a closed system physically separate from the processing of

ruminant blood,

— transport, storage and packaging of bulk raw material and bulk finished blood products of non-
ruminant origin in facilities physically separate from facilities where bulk raw material and bulk
finished products of ruminant origin are kept during storage, transport and packaging, and

— regular sampling and analysis of non-ruminant blood products for the presence of ruminant

proteins;

(c) feedingstuffs containing blood products or bloodmeal shall be produced in establishments manufac-
turing fish feed which do not prepare feedingstuffs for other farmed animals, with the exception of
carnivorous fur producing animals, and which are authorised for that purpose by the competent
authority;

(d) the label, accompanying commercial document or health certificate, as appropriate, of the feeding-
stuffs containing blood products or bloodmeal shall clearly indicate the words “contains blood
products — shall only be fed to fish” or “contains bloodmeal — shall only be fed to fish”, as appro-
priate;

(e) transport vehicles used for the transport of bulk fish feed containing blood products or bloodmeal
shall not be used for the transport of feedingstuffs for other farmed animals, with the exception of
carnivorous fur producing animals, unless the transport vehicle,
following cleaning, has been
inspected by the competent authority;

(f) the use and storage of fish feed containing blood products or bloodmeal shall be prohibited in farms

where other farmed animals, with the exception of carnivorous fur producing animals, are kept.

3. II. General implementing conditions

A. Member States shall make available to the other Member States and to the Commission an up-to-date list
of EU approved slaughterhouses registered as not slaughtering ruminants and approved processing estab-
lishments producing hydrolysed proteins, dicalcium phosphate, tricalcium phosphate, fishmeal, blood
products or bloodmeal and establishments, with the exception of home compounders, authorised for
manufacturing feedingstuffs containing these proteins, which operate in accordance with the conditions
laid down by this Regulation within 60 days from the date of entry into force of this Regulation. Any
amendments to the list shall immediately be made available to the other Member States and to the
Commission.

B.

(a) Bulk processed animal protein, with the exception of fishmeal, and bulk feedingstuffs containing such
proteins, shall be stored and transported in dedicated facilities. The store or vehicle can only be used
for other purposes, following cleaning, after having been inspected by the competent authority.

(b) Bulk fishmeal, bulk hydrolysed proteins referred to in point A(a)(ii) of part I, bulk dicalcium phos-
phate and bulk tricalcium phosphate referred to in point A(a)(iii) of part I, and bloodmeal and blood
products referred to in point A(c) of part I shall be stored and transported in stores and vehicles dedi-
cated to that purpose.

(c) By way of derogation from point (b):

(i) stores or vehicles may be used for the storage and transport of feedingstuffs containing the same

protein;

(ii) stores or vehicles, following cleaning, may be used for other purposes after having been inspected

by the competent authority; and

(iii) vehicles transporting fishmeal may be used for other purposes if the company has a control
system in place, recognised by the competent authority, to prevent cross-contamination. The
control system shall at least include:

— records on material transported and cleaning of the vehicle, and

— regular sampling and analysis of feedingstuffs transported for the presence of fishmeal.

The competent authority shall carry out frequent spot checks to verify the correct application of
the control plan.

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C. Feedingstuffs, including petfood, which contain processed animal proteins, other than fishmeal or blood-
meal of non-ruminant origin, or blood products of ruminant origin shall not be manufactured in estab-
lishments which produce feedingstuffs for farmed animals, with the exception of carnivorous fur produ-
cing animals.

Petfood and feedingstuffs intended for carnivorous fur producing animals containing fishmeal, hydrolysed
proteins referred to in point A(a)(ii) of part I, dicalcium phosphate and tricalcium phosphate referred to
in point A(a)(iii) of part I, and bloodmeal and blood products referred to in point A(c) of part I shall be
manufactured and transported in accordance with the provisions referred to in points B(c) and (e), C(b)
and (d), D(b) and (d) and E(c) and (e), respectively of part I.

D. The export to third countries of processed animal proteins derived from ruminants, and of products

containing such processed animal proteins, shall be prohibited.

The export of other processed animal proteins and blood products and products containing such proteins
shall only be permitted subject to the following conditions:
— they are destined for uses not prohibited by Article 7,

— a written agreement with the third country is made prior to exportation, which includes an under-
taking from the third country to respect the final use and not to re-export the processed animal
protein, blood products and products containing such proteins for uses prohibited by Article 7.

Member States which allow such exportation shall inform the Commission and the other Member States
of all terms and conditions as agreed with the third country concerned, for the effective implementation
of this Regulation, in the context of the Standing Committee on the Food Chain and Animal Health.

The measures in this point shall not apply to fishmeal, provided it fulfils the conditions set out in point
B, products containing such fishmeal, and petfood.

E. The competent authority shall carry out documentary and physical checks including tests on feedingstuffs
throughout the production and distribution chain in accordance with Council Directive 95/53/EC (**), to
control compliance with its provisions and the provisions of this Regulation. Where any presence of
prohibited animal protein is detected, Council Directive 95/53/EC shall apply.

F. The provisions on the production and the use of processed animal protein of Regulation (EC) No 1774/

2002 shall apply to the feedingstuffs covered by this Annex.

(*) OJ L 318, 27.11.1998, p. 45.
(**) OJ L 265, 5.11.1995, p. 17.’

3. In Annex XI, Part C is deleted.