Commission Directive 2005/8/EC of 27 January 2005 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feedText with EEA relevance
Date: 2005-01-27
Institutions: European Commission
Subjects: animal feedingstuffs, animal nutrition, mercury, toxic substance, veterinary legislation

L 27/44

EN

Official Journal of the European Union

29.1.2005

COMMISSION DIRECTIVE 2005/8/EC

of 27 January 2005

amending Annex I to 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,

(6)

Having regard to the Treaty
Community,

establishing the European

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

Whereas:

(1)

Directive 2002/32/EC provides that the use of products
intended for animal feed which contain levels of unde-
sirable substances exceeding the maximum levels laid
down in Annex I thereto is prohibited.

(7)

(8)

reasons,

the level of phosphorus

The maximum level for fluorine in other complementary
is 125 mg/kg per 1 % phosphorus. For
feedingstuffs
environmental
in
animal feed is restricted and the digestibility and bioavail-
ability of phosphorus is improved by making use of an
enzyme such as phytase. It is therefore no longer appro-
priate to establish the maximum level as per 1 % of
phosphorus but
for
complementary feed relative to a feedingstuff with a
moisture content of 12 %.

to establish the maximum level

Directive 2002/32/EC should therefore be amended
accordingly.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

(2) When Directive

adopted,

2002/32/EC was

the
Commission stated that
the provisions laid down in
Annex I to that Directive would be reviewed on the
basis of updated scientific risk assessments and taking
any dilution of
into account
contaminated non-complying products
intended for
animal feed.

the prohibition of

(3)

Before a complete review based on an updated scientific
risk assessment can be carried out,
it is necessary to
provide for certain amendments in the light of deve-
lopments in scientific and technical knowledge.

(4)

It is appropriate to clarify the term green fodder.

(5)

laid

down in the Annex

Since the supply of calcium carbonate, an essential and
valuable feed material, could be endangered because the
level of
total mercury due to normal background
contamination is close to or exceeds the maximum
to Directive
level
2002/32/EC, that maximum level should be amended,
taking into account that mercury is present in calcium
carbonate in its inorganic form and that the Scientific
Committee for Animal Nutrition confirms that mercury
in inorganic form is significantly less toxic than organic
mercury, in particular methyl mercury.

I

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2002/32/EC is amended in accordance
with the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive twelve months after
the
latest. They shall forthwith communicate to the Commission
the text of those provisions and a correlation table between
those provisions and this Directive.

the entry into force at

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

Article 3

(1) OJ L 140, 30.5.2002, p. 10. Directive as

last amended by
Commission Directive 2003/100/EC (OJ L 285, 1.11.2003, p. 33).

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

29.1.2005

EN

Official Journal of the European Union

L 27/45

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 27 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

ANNEX

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

1. In column 2 of row 2, Lead, the following footnote is inserted after the word green fodder:

‘(*) green fodder includes products intended for animal feed such as hay, silage, fresh grass, etc …’.

2. Row 3, Fluorine, is amended as follows:

(a) Footnotes (1) and (2) are deleted

(b) The words ‘Mineral mixtures for cattle, sheep and goats — 2 000 (1)’ and ‘Other complementary feedingstuffs —
125 (2)’ are replaced by the words ‘Complementary feedingstuffs containing ≤ 4 % phosphorus — 500’ and
‘Complementary feedingstuffs containing > 4 % phosphorus — 125 per 1 % phosphorus’.

3. Row 4, Mercury, is replaced by the following:

Undesirable
substances

(1)

‘4. Mercury

Products intended for animal feed

(2)

Feed materials with the exception of:
— feedingstuffs produced by the processing of fish or other

marine animals
— calcium carbonate

Complete feedingstuffs with the exception of:
— complete feedingstuffs for dogs and cats

Complementary feedingstuffs except
— complementary feedingstuffs for dogs and cats

Maximum content in mg/kg
(ppm) relative to a feedingstuff
with a moisture content of 12 %

(3)

0,1

0,5

0,3

0,1

0,4
0,2’