Commission Directive 2008/76/EC of 25 July 2008 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)
Date: 2008-07-25
Institutions: European Commission
Subjects: animal nutrition, fluorine, foodstuffs legislation, health risk, toxic substance

26.7.2008

EN

Official Journal of the European Union

L 198/37

DIRECTIVES

COMMISSION DIRECTIVE 2008/76/EC

of 25 July 2008

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,

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,

(3)

(4)

Whereas:

(1)

(2)

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 to that Directive is prohibited.

Recent developments in technical knowledge on formu­
lating fish feed with the increasing use of marine crus­
taceans such as marine krill as feed material in fish feed
make a review of the maximum level for fluorine in fish
the
feed appropriate.
of
Food
European
22 September 2004 (2)
the
maximum allowable level of fluorine in fish feed would
not result in unacceptable risks for animal and public
health. As
Lolium temulentum and Lolium
separate
remotum, EFSA recommends
entries for those two plant species in its opinion of

It results from the opinion of
(EFSA)
Authority
an increase of

to delete

regards

Safety

that

the

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

last amended by
Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).
(2) Opinion of the Scientific Panel on contaminants in the Food Chain
of the European Food Safety Authority (EFSA) on a request from the
Commission related to fluorine as undesirable substances in animal
feed, adopted on 22 September 2004,
http://www.efsa.europa.eu/EFSA/Scientific_Opinion/opinion_
contam08_ej100_fluorine_en1,0.pdf

25 January 2007 (3) and to apply the general maximum
content for weed seeds and unground and uncrushed
fruits containing alkaloids, glucosides and other toxic
substances, as
to
Directive 2002/32/EC.

in row 14 of Annex I

set out

As regards DDT, the name DDD should be included in
to
the row concerning that
Directive 2002/32/EC,
is more
that name
commonly used for
the metabolite dichlorodiphenyl-
dichloroethane than TDE (4).

substance in Annex I

since

regards apricots

As
(Prunus armeniaca L.) and bitter
almond (Prunus dulcis var. amara or Prunus amygdalus
Batsch var: amara), it may be concluded from the EFSA
opinion of 23 November 2006 (5) that the requirement
for absence of quantifiable amounts of apricots and bitter
almond is not necessary for the protection of animal and
public health and that it is sufficient to apply the general
maximum levels for hydrocyanic acid, as set out in row 8
is therefore
of Annex I
appropriate
for
apricot and bitter almond.

to Directive 2002/32/EC.
the
to delete

requirements

specific

It

(5)

Camelina (Camelina sativa) is included in the Annex to
Directive 2002/32/EC and the seeds and fruits of these
plant species as well as their processed derivatives may
only be present in feedingstuffs in trace amounts not
quantitatively determinable.

(3) Opinion of the Scientific Panel on contaminants in the Food Chain
of the European Food Safety Authority (EFSA) on a request from the
European Commission related to pyrrolizidine alkaloids as unde­
sirable substances in animal feed, adopted on 25 January 2007,
http://www.efsa.europa.eu/EFSA/Scientific_Opinion/contam_
ej447_op_pyrrolizidine%20alkaloids%20in%20feed_en.pdf

(4) Opinion of the Scientific Panel on contaminants in the Food Chain
of the European Food Safety Authority (EFSA) on a request from the
Commission related to DDT as undesirable substances in animal
feed, adopted on 22 November 2006,
http://www.efsa.europa.eu/EFSA/Scientific_Opinion/CONTAM_
ej433_DDT_en,2.pdf

(5) Opinion of the Scientific Panel on contaminants in the Food Chain
of the European Food Safety Authority (EFSA) on a request from the
Commission related to cyanogenic compounds as undesirable
substances in animal feed, adopted on 23 November 2006,
http://www.efsa.europa.eu/EFSA/Scientific_Opinion/CONTAM_
ej434_op_cyanogenic_compounds_in_feed_en,1.pdf

L 198/38

EN

Official Journal of the European Union

26.7.2008

(6)

(7)

(8)

There is a renewed interest in Camelina sativa as oilseed
crop because of an increasing demand for alternative
low-input oilseed crops with the potential
for use of
the by-products of
the oilseed production in animal
feed. From the EFSA opinion of 27 November 2007 (1)
it can be concluded that the requirement for absence of
quantifiable amounts of Camelina sativa and their deriva­
tives is not necessary for the protection of animal and
public health provided that the amount of total glucosi­
nolates in the diet does not endanger animal and public
health. The protection of animal and public health
against the toxic effects of glucosinolates is ensured by
the provision for volatile mustard oil in complete feed,
for which the maximum level
is expressed as allyl
isothiocyanates, as the toxicity of the glucosinolates is
according to the EFSA opinion generally attributed to
therefore appropriate
is
the
to
delete
absence of quantifiable
for
amounts of Camelina sativa from Annex I to Directive
2002/32/EC.

It
requirement

(iso)thiocyanates.

the

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary
to comply with this
Directive by 1 April 2009 at the latest. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive. 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.

Article 3

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

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

This Directive is addressed to the Member States.

Article 4

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

in this Directive are in
Standing
the

opinion

the

of

Done at Brussels, 25 July 2008.

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) Opinion of the Scientific Panel on contaminants in the Food Chain
of the European Food Safety Authority (EFSA) on a request from the
Commission related to glucosinolates as undesirable substances in
animal feed, adopted on 27 November 2007,
http://www.efsa.europa.eu/EFSA/Scientific_Opinion/
contam_op_ej590_glucosinolates_en.pdf

26.7.2008

EN

Official Journal of the European Union

L 198/39

ANNEX

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

1. Row 3, Fluorine, is replaced by the following:

Undesirable substances

Products intended for animal feed

(1)

(2)

‘3. Fluorine (*)

Feed materials with the exception of
— feedingstuffs of animal origin with the
exception of marine crustaceans such as
marine krill

— marine crustaceans such as marine krill
— phosphates
— calcium carbonate
— magnesium oxide
— calcareous marine algae

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

(3)

150

500

3 000

2 000

350

600

1 000

Vermiculite (E 561)

3 000 (**)

Complementary feedingstuffs
— containing ≤ 4 % phosphorus
— containing > 4 % phosphorus

Complete feedingstuffs with the exception of
— complete feedingstuffs

for cattle sheep

and goats
— in lactation
— other

— complete feedingstuffs for pigs
— complete feedingstuffs for poultry
— complete feedingstuffs for chicks
— complete feedingstuffs for fish

500

125 per 1 %
phosphorus

150

30

50

100

350

250

350

(*) Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for
20 minutes at ambient temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the
used extraction procedure has an equal extraction efficiency.

(**) The levels shall be reviewed by 31 December 2008 with the aim of reducing the maximum levels.’

2. Row 14, Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances, is

replaced by the following:

Undesirable substances

Products intended for animal feed

(1)

(2)

‘14. Weed

and

seeds

unground

and
uncrushed fruits containing alkaloids,
glucosides or other toxic substances
separately or in combination including

Datura stramonium L.

All feedingstuffs

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

(3)

3 000

1 000’

L 198/40

EN

Official Journal of the European Union

26.7.2008

3. Row 21, DDT, is replaced by the following:

Undesirable substances

Products intended for animal feed

(1)

(2)

‘DDT (sum of DDT-, DDD- (or TDE-) and
DDE-isomers, expressed as DDT)

All feedingstuffs with the exception of
— fats and oils

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

(3)

0,05
0,5’

4. Row 28, Apricots — Prunus armeniaca L., row 29, Bitter almond — Prunus dulcis (Mill.) D.A. Webb var. amara (DC.)
Focke (=Prunus amygdalus Batsch var. amara (DC.) Focke), and row 31, Camelina — Camelina sativa (L.) Crantz, are
deleted.