Commission Recommendation of 17 February 2004 on the coordinated inspection programme in the field of animal nutrition for the year 2004 in accordance with Council Directive 95/53/EC (Text with EEA relevance)
Date: 2004-02-17
Institutions: European Commission
Subjects: animal nutrition, food inspection, foodstuffs legislation

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COMMISSION

COMMISSION RECOMMENDATION

of 17 February 2004

on the coordinated inspection programme in the field of animal nutrition for the year 2004 in
accordance with Council Directive 95/53/EC

(Text with EEA relevance)

(2004/163/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), and in particular
Article 22(3) thereof,

Whereas:

(1)

(2)

(3)

Directive 95/53/EC provides for the Commission to
submit an overall summary report on the results of
inspections carried out at Community level. This overall
summary report provides data on official controls based
on the information reported by the Member States
concerning
inspection
implementation of
the
programmes for the year 2002.

the

In 2003 Member States identified certain issues as
worthy of a coordinated inspection programme to be
carried out in the year 2004.

in animal

Although Directive 2002/32/EC of the European Parlia-
ment and of the Council of 7 May 2002 on undesirable
feed (2)
establishes maximum
substances
contents of aflatoxin B1 in feedingstuffs, there are no
Community rules for other mycotoxins, such as ochra-
toxin A, zearalenone, deoxynivalenol and fumonisins.
Gathering information on the presence of those myco-
toxins through random sampling could provide useful
data for an assessment of the situation with a view to
the development of the legislation. Furthermore, certain
feed materials such as cereals and oil seeds are particu-
larly exposed to mycotoxin contamination because of
harvesting, storage and transport conditions. As myco-
toxin concentration varies from year to year, it is appro-
priate to collect data from consecutive years for all
mycotoxins mentioned.

(1) OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive
2001/46/EC of the European Parliament and of the Council (OJ L
234, 1.9.2001, p. 55).

(2) OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commis-

sion Directive 2003/100/EC (OJ L 285, 1.11.2003, p. 33).

(4)

(5)

(6)

Previous checks for the presence of antibiotics and cocci-
diostats in certain feedingstuffs where those substances
are not authorised indicate that this type of infringement
still occurs. The frequency of such findings and the
sensitivity of
this matter justify the continuation of
checks.

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

The case of contamination of the feed and food chain
with medroxyprogesterone acetate (MPA) highlighted the
value of the selection of supplies in the safety of feeding-
stuffs. Some ingredients in feedingstuffs are by-products
of agri-food industries, or of other industries, or of
mineral extraction. The source of feed materials of indus-
trial origin and the processing methods applied to them
may be of particular significance in the safety of the
products. Therefore the competent authorities should
consider this aspect when carrying out their checks.

(7)

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

HEREBY RECOMMENDS:

1. It is recommended that Member States carry out during the
year 2004 a coordinated inspection programme aimed to
check:

(a) the concentration of mycotoxins (aflatoxin B1, ochra-
toxin A, zearalenone, deoxynivalenol and fumonisins) in
feedingstuffs,
the
method of sampling should comprise both random and
targeted sampling; in the case of targeted sampling, the
suspected of
samples
containing higher concentrations of mycotoxins, such

indicating the methods of analysis;

feed materials

should

be

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as cereal grains, oil seeds, oil fruits, their products and
by-products, and feed materials stored for a long time or
transported by sea over a long distance; the results of
the checks should be reported using the model set out
in Annex I;

(b) certain medicinal substances, whether or not authorised
as feed additives for certain animal species and cate-
gories,
in non-medicated pre-mixtures and compound
feedingstuffs in which these medicinal substances are
not authorised; the checks should target those medicinal
substances in pre-mixtures and compound feedingstuffs
if
there is a
greater probability of finding irregularities; the results
should be reported using the model set out in Annex II;

the competent authority considers that

(c) the implementation of restrictions on the production
and use of feed materials of animal origin, as set out in
Annex III;

(d) the procedures applied by manufacturers of compound
feedingstuffs in order to select and assess their supplies
of feed materials of industrial origin and to ensure the
quality and safety of such ingredients, as set out in
Annex IV.

2. It is recommended that Member States include the results of
the coordinated inspection programme provided for in para-
graph 1 in a separate chapter in the annual report on
inspection activities to be transmitted by 1 April 2005 in
accordance with Article 22(2) of Directive 95/53/EC and the
latest version of the harmonised reporting model.

Done at Brussels, 17 February 2004.

For the Commission

David BYRNE

Member of the Commission

ANNEX I

The competent authority should also indicate:

— the action taken when maximum levels for aflatoxin B1 are exceeded,
— the methods of analysis used,

— the limits of detection.

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ANNEX II

Presence of certain medicinal substances not authorised as feed additives

Certain antibiotics, coccidiostats and other medicinal substances may be legally present as additives in pre-mixtures and
compound feedingstuffs for certain species and categories of animals, when authorised pursuant to Council Directive
70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1).

The presence of unauthorised medicinal substances in feedingstuffs constitutes an infringement.

The medicinal substances to be controlled should be chosen from the following:

1. medicinal substances authorised as feed additives for certain animal species or categories only:

avilamycin,
decoquinate,
diclazuril,
flavophospholipol,
halofuginone hydrobromide,
lasalocid A sodium,
maduramicin ammonium alpha,

2. medicinal substances no longer authorised as feed additives:

amprolium,
amprolium/ethopabate,
arprinocid,
avoparcin,
carbadox,
dimetridazole,
dinitolmid,
ipronidazol,
meticlorpindol,
meticlorpindol/methylbenzoquate,

3. medicinal substances never authorised as feed additives:

other substances.

monensin sodium,

narasin,

narasin — nicarbazin,

robenidine hydrochloride,

salinomycin sodium,

semduramicin sodium;

nicarbazin,
nifursol,
olaquindox,
ronidazol,
spiramycin,
tetracyclines,
tylosin phosphate,
virginiamycin,
zinc bacitracin,
other antimicrobial substances;

The competent authority should also indicate:
— the total number of samples tested,
— the names of the substances which have been investigated,
— the methods of analysis used,
— the limits of detection.

(1) OJ L 270, 14.12.1970, p. 1.

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ANNEX III

Restrictions on the production and use of feed materials of animal origin

Without prejudice to Articles 3 to 13 and Article 15 of Directive 95/53/EC, Member States should, during 2004, under-
take 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
Annex IV 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 (1), are 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

Feed mills

Criteria

Weighting

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

non-ruminant
animal proteins

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

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

— Feed mills with a high production of compound feed

— Risk of cross-contamination resulting from internal operational
procedures (dedication of silos, control of the effective separation of
lines, control of ingredients,
laboratory, sampling proce-
internal
dures, etc.)

inspection
Border
posts
other
and
points of entry into
the Community

— Large/small amount of imports of feedingstuffs

— Feedingstuffs with 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 high

protein content

— High volume of bulk feedingstuffs traded

— Dealers in compound feedingstuffs produced abroad

(1) OJ L 147, 31.5.2001, p. 1.

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Premises

Criteria

Weighting

Mobile mixers

— Mixers producing for both ruminants and non-ruminants

— Mixers with previous history, or suspicion, of non-compliance

— Mixers incorporating feedingstuffs with high protein content

— Mixers with high production of feedingstuffs

— Large number of farms served including farms which keep rumi-

nants

Means of transporta-
tion

— Vehicles used for the transportation of processed animal proteins

and feedingstuffs

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

As an alternative to these indicative premises and criteria, Member States may forward their own risk assessment to the
Commission before 31 March 2004, or 31 May 2004 for those Member States which joined on 1 May 2004.

Sampling should be targeted on batches or events where cross-contamination with prohibited processed proteins is most
likely (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, microscopic identification and estimation as
described 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
analysing 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:

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

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In addition, Member States should analyse fats and vegetable oils intended for feedingstuffs for the presence of traces of
bones and include the results of such analyses in the report referred to in paragraph 2 of this Recommendation.

ANNEX IV

Procedures for selection and assessment of supplies of feed materials of industrial origin

The competent authorities should identify and shortly describe the procedures followed by manufacturers of compound
feedingstuffs in order to select and assess supplies of feed materials of industrial origin. Some procedures may be related
to the prior establishment of characteristics or requirements for the products to be supplied, or for the suppliers. Other
procedures may be related to own checks for the verification of compliance with certain parameters, carried out by
manufacturers of compound feedingstuffs at the reception of supplies.

For each identified procedure (procedure for selection and assessment of supplies), the competent authorities should indi-
cate the advantages and disadvantages of the application of the procedure in terms of feed safety. Finally they should
assess whether, taking into account the potential risks, each procedure is acceptable, insufficient or unacceptable for
ensuring the safety of feedingstuffs, stating the reasons leading to that conclusion.