Commission working document with regard to the state of play on the prohibitions to feed animal protein to farmed animals to prevent transmissible spongiform encephalopathies
Date: 2003-09-19
Institutions: European Commission
Subjects: animal nutrition, animal protein, bovine spongiform encephalopathy, disease prevention, livestock farming, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.09.2003
COM(2003)546 final

COMMISSION WORKING DOCUMENT

With regard to the state of play on the prohibitions to feed animal protein to farmed
animals to prevent transmissible spongiform encephalopathies

1.

SUMMARY

Council  Decision  2000/766/EC  of  4  December  2000  concerning  certain  protection
measures  with  regard  to  transmissible  spongiform  encephalopathies  (TSE)  and  the
feeding of animal protein1 lays down the extended feed ban as a transitional measure
for the implementation of 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
transmissible  spongiform  encephalopathies2  (the  TSE
eradication  of  certain 
Regulation).

The Council and the European Parliament have recently adopted a proposal to extend
the TSE transitional measures until 30 June 2005, due to certain delays in the bovine
spongiform encephalopathy (BSE) categorisation of countries.

However,  to  clarify  the  legal  situation  as  regards  this  ban,  and  because  it  is
appropriate to maintain an extended feed ban regardless of the future BSE status of
the  Member  States,  a  proposal  to  introduce  the  current  measures  into  Annex  IV  of
the TSE Regulation received a favourable opinion at the Standing Committee on the
Food  Chain  and  Animal  Health  of  17  June  2003  and  is  now  in  the  process  of
adoption. It will apply from 1 September 2003.

When  appropriate,  the  specific  provisions  relating  to  the  feed  ban  will  be
reconsidered, in particular regarding the use of fishmeal, in the light of new scientific
developments,  the  availability  of  reliable  tests,  improved  control  measures  in  the
Member States and, where appropriate, the outcome of a risk assessment.

2.

LEGAL BACKGROUND

2.1.

Current transitional measures

Council  Decision  2000/766/EC  of  4  December  2000  concerning  certain  protection
measures with regard to transmissible spongiform encephalopathies and the feeding
of  animal  protein  (the  extended  feed  ban)  last  amended  by  Commission  Decision
2002/248/EC3, has been included in the list of transitional measures adopted for the
implementation of the TSE Regulation and listed in Annex XI to that Regulation, by
effect  of  Commission  Regulation  (EC)  No  1326/2001;  therefore,  it  is  in  force  as  a
transitional measure until 30 June 2003 at the latest unless the transitional measures
in  general  are  prolonged  before  this  date.  The  Decision  prohibits  the  feeding  of
processed animal proteins to farmed animals, which are kept, fattened or bred for the
production  of  food.  The  following  uses  of  specific  animal  proteins  are  derogated
from the ban in accordance with strict control measures:

(cid:1)

(cid:1)

fishmeal for the feeding of animals other than ruminants

gelatine of non-ruminants for coating additives

1

2

3

OJ L 306, 7.12.2000, p. 32.
OJ L 147, 31.5.2001, p. 1.
OJ L 84, 28.3.2002, p. 71.

2

                                                
(cid:1)

(cid:1)

dicalcium phosphate and hydrolysed proteins for the feeding of non-ruminants

milk and milk products, eggs and egg products

2.2.

Conditions for revising the current feed ban

The  current  feed  ban  remains  in  force  as  a  transitional  measure  pending  the
application of the provisions on animal feeding in Article 7 and in Annex IV of the
TSE Regulation.

Commission  Regulation  (EC)  No  1326/20014,  as  amended  by  Commission
Regulation  (EC)  No  270/20025,  laying  down  transitional  measures  to  permit  the
changeover  to  the  provisions  in  the  TSE  Regulation  provides  (article  1.2)  that  the
provisions in Article 7 should not come into force:

(cid:1)

(cid:1)

before the determination of the BSE status of the Member States and

before the Community provisions on  animal feeding  relevant to  transmissible
spongiform encephalopathies (TSEs) are effectively enforced.

Additionally, it was considered that the current feed ban should not be revised before
the coming into force of Regulation (EC) No 1774/2002 of the European Parliament
and  of  the  Council  laying  down  health  rules  concerning  animal  by-products  not
intended for human consumption6 (the Animal By-products Regulation), and before
appropriate  validated  analytical  tools  become  available  to  differentiate  ruminant
protein from other animal protein in feed.

2.3.

Provisions on animal feeding in the TSE Regulation

Article 7 of the TSE Regulation only prohibits the use of mammalian protein in the
feeding  of  ruminants.  The  prohibitions  in  Article  7  can,  however,  be  extended  to
other proteins and animals by laying down additional provisions in Annex IV. Article
7 also foresees the possibility of laying down detailed rules for the implementation of
the  prohibition,  in particular rules  on  the  prevention  of  cross-contamination  and  on
the methods of sampling and analysis required to check compliance.

2.4.

Other relevant legislation

The  Animal  By-products  Regulation  lays  down  strict  rules  for  the  collection,
transport,  storage,  handling,  processing  and  use  or  disposal  of  animal  by-products,
including for use in the feeding of farmed animals. The Regulation includes a fairly
general prohibition concerning the feeding of a species with processed animal protein
derived from the same species (prohibition of intra-species recycling or cannibalism).
Some  proteins  such  as  milk,  hydrolysed  proteins,  dicalcium  phosphate  and  blood
products  are  exempted  from  this  prohibition  since  they  are  natural  forms  of  intra-
species consumption or since they are considered as safe by scientific opinions.

4

5

6

OJ L 177, 30.6.2001, p. 60.
OJ L 45, 15.2.2002, p. 4.
OJ L 273, 10.10.2002, p. 1.

3

                                                
The  Animal  By-products  Regulation  is  a  general  legal  framework  which  does  not
prejudice more specific rules aiming at the eradication and control of certain diseases
such  as  the  feed  ban.  Nevertheless,  the  Regulation  establishes  a  new  control
framework which makes it possible to reconsider certain aspects of the feed ban. The
Regulation applies from 1 May 2003.

3.

SCIENTIFIC BASIS OF THE FEED BAN

3.1.

Ruminant protein

Epidemiological studies, rendering studies and the effect of feed bans in all countries
with  BSE  very  clearly  support  nowadays  the  hypothesis  that  the  recycling  of
inadequately  heat-treated  ruminant  proteins  into  feed  for  ruminants  has  been  the
main  source  of  the  BSE  epidemic.  Some  proteins  derived  from  ruminants  such  as
dicalcium phosphate, and gelatine and hydrolysed proteins derived from hides, have
been considered safe in various opinions of the Scientific Steering Committee (SSC),
provided that they are properly sourced and processed. These proteins are subject to
derogations under strict conditions in the current extended feed ban.

3.2.

Non-ruminant protein

Proteins  derived  from  non-ruminants  have  not  been  implicated  in  BSE  cases,  and
there is no scientific evidence pointing at the involvement of non-ruminant protein in
BSE transmission. It has however proved necessary to ban the use of non-ruminant
in feed for control reasons. In particular, analytical methods to differentiate ruminant
from  non-ruminant  proteins  in  feed  are  not  available.  Therefore,  if  non-ruminant
proteins are being used in feed, it is not possible to detect the presence of potentially
infected ruminant proteins.

In  its  opinion  on  intra-species  recycling,  adopted  on  17  September  1999,  the  risk
arising from recycling animal by-products as feed with regard to propagating TSE in
non-ruminants  was  addressed.  The  opinion  indicated  that  the  theoretical  risk  of
newly emerging feed-borne animal TSEs might be reduced if intra-species recycling
is prevented.

The Animal By-products Regulation (EC) No 1774/2002 prohibition on intra-species
recycling (article 22.1) therefore includes non-ruminant proteins and further includes
additional  conditions  to  prevent  the  transmission  of  TSEs  by  feed,  such  as  the
obligation  to  recycle  only  by-products  derived  from  animals  fit  for  human
consumption, and to treat mammalian processed animal proteins at 133°/20’/3bar.

4.

RESULT OF THE CONTROLS IN THE MEMBER STATES.

4.1.

Reports from Member States

The Member States have forwarded reports on the control of the implementation of
the feed ban in 2001 and 2002 to the Commission. The reports are summarised in the
attached Annex and indicate a considerable progressive reduction of non-compliant
samples. The number of non-compliant samples has become very limited in 2002. In
addition,  the  amounts  of  prohibited  proteins  were  below  0,5%  in  all  samples  of

4

feedingstuffs intended for farmed animals. In most cases non-compliant samples are
not the result of fraud, but due to other circumstances such as:

– 

– 

– 

– 

– 

cross-contamination of ruminant feed with fishmeal intended for other species,

presence of rodents or birds in feed materials,

doubtful results considered as positive for reasons of precaution,

cross-contamination of  feed materials in transport after transport of processed
animal protein (PAP) intended for petfood by the same vehicle,

rendered fat possibly containing traces of bones.

The chance that the infringements detected in 2002 caused a risk to animal health is
very  remote  since  other  measures  such  as  the  removal  and  destruction  of  specified
risk materials are applied.

4.2.

Inspections by the Commissions’ Food and Veterinary Office (FVO)

The FVO has carried out missions to all Member States in 2001 and 2002 to examine
implementation of the provisions designed to prevent TSEs. The FVO has indicated a
number  of  deficiencies,  in  particular  with  regard  to  the  controls  of  the  correct
implementation of the feed ban. The most important deficiencies in 2002 concern the
targeting  of  control  programmes,  the  channelling  of  fishmeal  and  the  follow-up
action in case of positive results of laboratory tests.

The  Commission  has  in  the  meantime  confirmed  and  clarified  some  of  these
requirements  in  the  “Commission  Recommendation  on  the  co-ordinated  inspection
programme in the field of animal nutrition for the year 2003”7.

5.

SPECIES-SPECIFIC DETECTION OF ANIMAL PROTEIN IN FEED

Validated tests to exclude the presence of ruminant proteins in feed are essential in
the control of the feed ban.

Microscopy as laid down in Council Directive 98/88/EC is currently the only official
test  for  the  detection  of  animal  protein  in  feed.  The  test  is  cumbersome,  requires
specialised  personnel,  and  the  differentiation  of  proteins  derived  from  different
species is difficult and in some cases even impossible.

Existing  methods  based  on  the  detection  of  species  specific  DNA  (e.g.  PCR)  or
proteins (e.g. immunoassays) can not be used since all mammalian proteins have to
be processed at 133°/20’/3bar before use in feed. The processing denatures the DNA
and other proteins and it is no longer possible to demonstrate from what species the
DNA or proteins were derived.

The differentiation of ruminant proteins from other animal proteins in feed is a key
control  tool  needed  before  a  significant  relaxation  of  the  feed  ban  can  be  further

7

OJ L 34, 11.2.2003, p. 20.

5

                                                
considered. Species-specific  methods are  expected to  become available in  the  short
to medium term. To this end and in addition to private research, the Commission has
taken a number of initiatives:

(cid:1)

(cid:1)

The Commission is co-financing the STRATFEED research project developing
strategies  and  methods  to  detect  and  quantify  mammalian  tissues  in
feedingstuffs. The project started in 2001 and will be finalised by June 2004.

In  parallel,  the  Commission  has  financed  a  ring  trial  co-ordinated  by  the
Commissions’  Joint  Research  Centre,  Institute  for  Reference  Materials  and
Measurements  (IRMM-JRC).  About  50  laboratories  participated  in  this  trial.
The  results  of  the  trial  indicate  that  the  detection  of  0,5%  of  mammalian
proteins  in  feed  was  satisfactory,  but  50%  of  the  labs  failed  to  detect  a
contamination  of  0,1%  mammalian  proteins  in  feed  containing  fishmeal  with
the present detection method (microscopy). Additionally, it became  clear  that
alternative  methods  to  differentiate  avian  or  porcine  proteins  from  ruminant
proteins  need  further  validation  before  they  can  be  used  in  the  control  of  the
feed  ban.  To  improve  the  performance  of  the  control  laboratories,  specific
training will be provided in September 2003. A ring trial to validate a modified
version of the microscopic test and alternative methods is envisaged at the end
of 2003.

6.

ADVANTAGES OF THE CURRENT EXTENDED FEED BAN

The current feed  ban  gives  a  high  level of  public  health  protection  and  is  aimed  at
eliminating  the  exposure  of  new  animals  to  the  BSE  agent  through  feed,  thus
eradicating BSE over time.

Previous bans, where only ruminant or mammalian meat-and-bone meal was banned
in  the  feed  of  ruminants  have  not  been  effective.  The  main  reasons  why  previous
bans  have  failed  were  either  cross-contamination  of  ruminant  feed  in  feed  mills  or
during  storage  and  transport,  or  cross-feeding  of  ruminants  with  feed  intended  for
other  species.  By  extending  the  prohibition  to  all  farmed  species  it  is  possible  to
exclude  cross-feeding  at  farm  level  and  it  is  also  much  easier  to  prevent  cross-
contamination in feed mills and during storage and transport.

Another  problem  with  previous  feed  bans  was  that  the  presence  of  potentially
contaminated ruminant proteins could  not  be  effectively  controlled  if  non-ruminant
proteins  could  legally  be  used  in  feed,  due  to  the  absence  of  specific  analytical
methods.  The  current  feed  ban  can  be  effectively  controlled  by  microscopy  since
differentiation of the origin of the protein (ruminant or other) is not necessary.

Finally, the provisions of the current feed ban are simple and easy to explain not only
to the industry, but also to the general public and the consumers, which may help to
increase the confidence in the safety of beef.

7.

DISADVANTAGES OF THE CURRENT EXTENDED FEED BAN

Animal  by-products  derived  from  animals  fit  for  human  consumption  are  currently
disposed of mainly in a non-economic way such as direct incineration or landfilling.
It is estimated that each year, from a total of 16.1 million tonnes animal by-products

6

collected in the Member States, 14.3 million tonnes are derived from animals fit for
human consumption. The total cost for the disposal of by-products varies in Member
States  between  €100  and  €300  per  tonne. 
Stocks  of  processed  animal  proteins
continue to increase in some Member States. In total 3,640,000 tonnes of meat-and-
bone meal should be disposed of each year while the incineration capacity in the EU
in 2001 was about 2,500,000 tonnes. Data collected from the Member States in 2002
indicate  important  investments  into  (co-)incineration  capacity,  but  a  very  limited
increase in alternative ways of disposal such as bio-gas production

The feed ban increases the production costs of meat (increased animal feeding costs
and  extra  costs  for  the  disposal  of  by-products)  and  therefore  undermines  the
competitiveness of meat produced in the Community compared to third countries.

8.

RECENT DEVELOPMENTS

The  absence  of  validated  tests  to  differentiate  between  ruminant  and  non-ruminant
proteins  makes  it  appropriate  to  maintain  the  basis  for  the  current  feed  ban.  In
addition,  it  has  not  yet  been  possible  to  verify  the  proper  implementation  of  the
Animal By-products Regulation as it only applies from 1 May 2003.

Therefore,  the  Commission  has  proposed  to  introduce  the  current  provisions  into
Annex IV of the TSE Regulation whereby  the  legal situation  also becomes  clearer.
The proposal received a favourable opinion of the Standing Committee on the Food
Chain and Animal Health on 17 June 2003 and is now in the process of adoption. It
was  not  necessary  to  wait  for  categorisation  of  countries  according  to  their  BSE
status as it seemed appropriate to maintain a Community-wide prohibition on the use
of animal protein in animal feeding regardless of the future BSE status of individual
Member States.

At  the  same  time,  certain  minor  amendments  to  the  existing  rules  are  being
introduced, such as:

– 

– 

– 

an alignment with the provisions in the Animal By-products Regulation (cross
references where relevant, channelling of fishmeal);

a derogation to allow, in the feeding of non-ruminants:

– 

– 

the use of hydrolysed proteins derived from all non-ruminant tissues and

the use of tricalcium phosphate derived from non-ruminants;

a  derogation  to  allow  the  use  of  bloodmeal  and  blood  products  from  non-
ruminants in the feeding of fish

The  provisions  can  be  reconsidered  in  the  light  of  new  scientific  evidence,  of  the
availability of reliable tests and of improved control measures in the Member States.
In particular with regard to fishmeal, it is expected that the continuing efforts of the
Commission to  support  the  improvement  of  methods  to  differentiate  fishmeal  from
mammalian proteins may result in a reconsideration of the fishmeal ban within 6 to
12 months

7

Evolution of infringements on the provisions in the extended feed ban based on information
provided to the Commission on 1 May 2003.

ANNEX

Percentage of breaches on the feed ban in the Member 
States

10,00%

8,00%

6,00%

4,00%

2,00%

0,00%

Rum. Feed

non-Rum f eed

Raw M at

1° quarter
2001

7,23%

3,03%

0,99%

2° quart er

3° quart er

4° quart er

8,24%

2,70%

1,88%

1,77%

2,70%

2,91%

0,51%

0,71%

1,43%

1° quarter
2002

0,15%

0,79%

0,85%

2° quart er

3° quart er

4° quart er

0,09%

0,50%

0,67%

0,10%

0,45%

0,39%

0,16%

0,54%

0,73%

8