Commission Regulation (EC) No 163/2009 of 26 February 2009 amending Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (Text with EEA relevance)
Date: 2009-02-26
Institutions: European Commission
Subjects: animal disease, animal nutrition, animal protein, cattle, derogation from EU law, disease prevention, veterinary legislation

27.2.2009

EN

Official Journal of the European Union

L 55/17

COMMISSION REGULATION (EC) No 163/2009

of 26 February 2009

amending Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council
laying down rules for the prevention, control and eradication of certain transmissible spongiform
encephalopathies

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

amounts of constituents of animal origin in feedingstuffs
using the analytical method as described in Directive
2003/126/EC.

Having regard to the Treaty
Community,

establishing the European

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 (1), and in particular
the first paragraph of Article 23 thereof,

Whereas:

Regulation (EC) No 999/2001 lays down rules for the
transmissible
prevention, control and eradication of
It
spongiform encephalopathies
applies to the production and placing on the market of
live animals and products of animal origin and in certain
specific cases to exports thereof.

in animals.

(TSEs)

the

that

Article 7(1) and (2) of Regulation (EC) No 999/2001
provide
and other
animals of animal proteins is prohibited. Annex IV to
that Regulation sets out derogations from that prohi­
bition.

feeding to ruminants

feedingstuffs (2) provides

Commission Directive 2003/126/EC of 23 December
2003 on the analytical method for the determination
of constituents of animal origin for the official control
that official analysis of
of
feedingstuffs with a view to officially controlling the
presence,
the
amount of constituents of animal origin in feedingstuffs
is to be carried out in accordance with that Directive.

identification

estimation

and/or

of

(1)

(2)

(3)

(4)

(5)

(6)

(7)

improvement

to Regulation (EC) No 882/2004 of

That
in laboratory performance has
resulted in the detection of the adventitious presence of
bone spicules, particularly in tuber and root crops.
Pursuant
the
European Parliament and of the Council of 29 April
2004 on official controls performed to ensure the veri­
fication of compliance with feed and food law, animal
health and animal welfare rules (3), appropriate measures
are to be taken in case of non-compliance, which may
include the destruction of the consignment.

Point A(d) of Part II of Annex IV to Regulation (EC) No
999/2001 provides for a derogation from the prohibition
laid down in Article 7(1) and (2) of that Regulation so
that the feeding to farmed animals of tuber and root
crops
such products
following the detection of bone may be permitted by
the Member States if there has been a favourable risk
assessment.

feedingstuffs

containing

and

bone

example

It has been demonstrated that environmental contamina­
tion during harvesting of feed materials of plant origin by
for
avoided.
spicules
Accordingly,
in point A(d) of
Part II of Annex IV to Regulation (EC) No 999/2001
concerning tuber and root crops should be extended to
cover all
feed materials of plant origin under certain
conditions.

the derogation set out

cannot

be

(8)

Regulation (EC) No 999/2001 should therefore be
amended accordingly.

For these purposes, the Community Reference Laboratory
for the detection of animal proteins in feed (CRA-W)
carried out proficiency testing of laboratories as part of
its annual work programme, which have demonstrated
the good performance of laboratories for detecting small

(9)

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

opinion

the

the

of

(1) OJ L 147, 31.5.2001, p. 1.
(2) OJ L 339, 24.12.2003, p. 78.

(3) OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004,

p. 1.

L 55/18

EN

Official Journal of the European Union

27.2.2009

HAS ADOPTED THIS REGULATION:

Article 1

In Part II of Annex IV to Regulation (EC) No 999/2001, point
A(d) is replaced by the following:

‘(d) the feeding to farmed animals of feed materials of plant
origin and feedingstuffs containing such products following
the detection of insignificant amounts of bone spicules may

be permitted by the Member States if there has been a
favourable risk assessment. The risk assessment shall take
into account at least the amount and possible source of
contamination
the
consignment’.

destination

final

and

the

of

Article 2

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

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

Done at Brussels, 26 February 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission