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Document E2006C0150
Recommendation of the EFTA Surveillance Authority No 150/06/COL of 17 May 2006 concerning a coordinated inspection programme in the field of animal nutrition for the year 2006
Recommendation of the EFTA Surveillance Authority No 150/06/COL of 17 May 2006 concerning a coordinated inspection programme in the field of animal nutrition for the year 2006
Recommendation of the EFTA Surveillance Authority No 150/06/COL of 17 May 2006 concerning a coordinated inspection programme in the field of animal nutrition for the year 2006
OJ L 366, 21.12.2006, p. 96–105
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
Relation | Act | Comment | Subdivision concerned | From | To |
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Corrected by | E2006C0150R(01) | (EL) |
21.12.2006 |
EN |
Official Journal of the European Union |
L 366/96 |
RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY
No 150/06/COL
of 17 May 2006
concerning a coordinated inspection programme in the field of animal nutrition for the year 2006
THE EFTA SURVEILLANCE AUTHORITY,
Having regard to the Agreement on the European Economic Area, and in particular Article 109 and Protocol 1 thereof,
Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,
Having regard to the Act referred to at point 31a of Chapter II of Annex I to the EEA Agreement (Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of inspections in the field of animal nutrition (1)), as amended, and as adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 22(3) thereof,
Whereas:
(1) |
In 2005 the EFTA States identified certain issues as worthy of a coordinated inspection programme to be carried out in 2006. |
(2) |
Although the Act referred to at point 33 of Chapter II of Annex I to the EEA Agreement (Council Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (2)), as amended, establishes maximum contents of aflatoxin B1 in feedingstuffs, there are no EEA rules for other mycotoxins, such as ochratoxin A, zearalenone, deoxynivalenol, fumonisins., T-2 and HT-2 toxins. Gathering information on the presence of those mycotoxins 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 particularly exposed to mycotoxin contamination because of harvesting, storage and transport conditions. As mycotoxin concentration varies from year to year, it is appropriate to collect data from consecutive years for all mycotoxins mentioned. |
(3) |
Previous results of checks for the presence of antibiotics and coccidiostats in certain feedingstuffs intended for animal species or category for which those active substances are not authorized indicate that this type of infringement still occurs. Furthermore, in accordance with the provisions of Article 11(2) of the Act referred to at point 1a of Chapter II of Annex I to the EEA Agreement (Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (3)), it is important to ensure that the phasing out of antibiotic feed additives is effectively enforced. |
(4) |
The participation of Norway and Iceland in the programmes within the scope of Annex II of this Recommendation concerning substances not authorised as feed additives will have to be evaluated with respect to their exemptions from Chapter II of Annex I to the EEA Agreement and, in particular, from the Act referred to at Point 1a of Chapter II of Annex I to the EEA Agreement, Regulation (EC) No 1831/2003. |
(5) |
It is important to ensure that restrictions on the use of feed materials of animal origin in feedingstuffs, as laid down in relevant EEA legislation, are effectively enforced. |
(6) |
The participation of Iceland in the programmes within the scope of Annex III of this Recommendation concerning restrictions on the production and use of feed materials of animal origin will have to be evaluated with respect to its exemptions from Chapter I of Annex I to the EEA Agreement. |
(7) |
It is appropriate to ensure that the levels of the trace elements copper and zinc in compound feedingstuffs for pigs do not exceed the maximum content laid down by the Act referred to at Point 1zq of Chapter II of Annex I to the EEA Agreement (Commission Regulation (EC) No 1334/2003 of 25 July 2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (4)), as amended. The participation of Norway in the programmes within the scope of Annex IV will have to be evaluated with respect to its exemptions from Chapter II of Annex I to the EEA Agreement. |
The measures provided for in this Recommendation are in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee assisting the EFTA Surveillance Authority,
HEREBY RECOMMENDS:
1. |
It is recommended that the EFTA States carry out during 2006 a coordinated inspection programme aimed to check:
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2. |
It is recommended that EFTA States include the results of the coordinated inspection programme provided for in paragraph 1 in a separate Chapter in the annual report on inspection activities to be transmitted to the EFTA Surveillance Authority by 1 April 2007 in accordance with Article 22(2) of Act referred to at Point 31a of Chapter II of Annex I to the EEA Agreement (Council Directive 95/53/EC) and the latest version of the harmonised reporting model. |
Done at Brussels, of 17 May 2006.
For the EFTA Surveillance Authority
Kristján Andri STEFÁNSSON
College Member
Niels FENGER
Director
(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 Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).
(3) OJ L 268, 18.10.2003, p. 29. Regulation as amended by Commission Regulation (EC) No 378/2005 (OJ L 59, 5.3.2005, p. 8).
(4) OJ L 187, 26.7.2003, p. 11. Regulation as amended by Regulation (EC) No 1980/2005 (OJ L 318, 6.12.2005, p. 3).
ANNEX I
Concentration of certain mycotoxins (aflatoxin B1, ochratoxin A, zearalenone, deoxynivalenol, fumonisins, T-2 and HT-2-toxins) in feedingstuffs
Individual results of all tested samples; model for reports as referred to in paragraph 1(a)
Feedingstuffs |
Sampling (random or targeted) |
Type and concentration of mycotoxins (μg/kg relative to a feedingstuff with a moisture content of 12 %) |
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Class (1) |
Type (2) |
Country of origin |
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Aflatoxin B1 |
Ochratoxin A |
Zearalenone |
Deoxynivalenol |
Fumonisins (3) |
T-2 and HT-2-toxins (4) |
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The competent authority should also indicate:
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the action taken when maximum levels for aflatoxin B1 are exceeded; |
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the methods of analysis used; |
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the limits of detection. |
(1) Select one of the following classes: feed material, feed additive, premixture, complementary feed, complete feed, compound feed.
(2) Select one of the following types: (a) for feed materials, the name of the feed material as laid down in part B of the Annex to the Act referred to at point 14a of Chapter II of Annex I to the EEA Agreement (Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC); (b) for other feedingstuffs, the target species.
(3) The concentration of fumonisins B1 and B2 can be reported as the sum of both.
(4) The concentration of the T-2 and HT-2 toxins can be reported as the sum of both.
ANNEX II
Presence of certain medicinal substances not authorised as feed additives
Certain medicinal substances may be legally present as additives in pre-mixtures and compound feedingstuffs for certain species and categories of animals, when fulfilling the requirements of Article 10 of the Act referred to at Point 1a of Chapter II of Annex I to the EEA Agreement (Regulation (EC) No 1831/2003).
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:
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2. |
Medicinal substances no longer authorised as feed additives:
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3. |
Medicinal substances never authorised as feed additives: other substances Individual results of all non-compliant samples; model for reports as referred to in paragraph 1(b)
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The competent authority should also indicate:
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the total number of samples tested; |
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the names of the substances which have been investigated; |
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the methods of analysis used; |
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the limits of detection. |
(1) Reason leading to the presence of the unauthorised substance in the feedingstuff, as concluded after an investigation carried out by the competent authority.
ANNEX III
Restrictions on the production and use of feed materials of animal origin
Without prejudice to Articles 3 to 13 and 15 of Directive 95/53/EC, EFTA States should during 2006 undertake 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 of the Act referred to at Point 7.1.12 of Chapter I of Annex I to the EEA Agreement (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, EFTA 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. The EFTA 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 |
Criteria |
Weighting |
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Feed mills |
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Border Inspection Posts and other points of entry into the Community |
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Farms |
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Dealers |
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Mobile mixers |
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Means of transportation |
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As an alternative to these indicative premises and criteria, the EFTA States may forward their own risk assessment to the EFTA Surveillance Authority before 31 May 2006.
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).
Controls could also be extended to the analyses of dust in vehicles, manufacturing equipment and storage areas.
The minimum number of inspections per year in an EFTA State should be 10 per 100 000 tonnes of compound feed produced. The minimum number of official samples per year in an EFTA 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 the Act referred to at Point 31i of Chapter II of Annex I to the EEA Agreement (Commission Directive 2003/126/EC on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs (2)) 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 EFTA Surveillance Authority using the following formats.
Summary of checks concerning feeding restrictions for feed of animal origin (feeding of prohibited processed animal proteins)
A. Documented inspections
Stage |
Number of inspections comprising checks on the presence of processed animal proteins |
Number of breaches based on documentary checks etc. rather than laboratory testing |
Import of feed materials |
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Storage of feed materials |
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Feed mills |
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Home mixers/mobile mixers |
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Intermediaries of feedingstuffs |
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Means of transport |
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Farms keeping non-ruminants |
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Farms keeping ruminants |
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Others: |
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B. Sampling and testing of feed materials and compound feedingstuffs for processed animal proteins
Premises |
Number of official samples tested for processed animal proteins |
Number of non-compliant samples |
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Presence of processed animal protein from terrestrial animals |
Presence of processed animal protein from fish |
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Feed materials |
Compound feedingstuffs |
Feed materials |
Compound feedingstuffs |
Feed materials |
Compound feedingstuffs |
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for ruminants |
for non-ruminants |
for ruminants |
for non-ruminants |
for ruminants |
for non-ruminants |
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At import |
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Feed mills |
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Intermediaries/storage |
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Means of transport |
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Home mixers/mobile mixers |
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On farm |
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Others: |
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C. Summary of prohibited processed animal proteins found in samples of feedingstuffs intended for ruminants
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Month of sampling |
Type degree and origin of contamination |
Sanctions (or other measures) applied |
1 |
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2 |
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3 |
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4 |
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5 |
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… |
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(1) OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 1993/2004 (OJ L 344, 20.11.2004, p. 12).
ANNEX IV
Individual results of all samples (both compliant and non-compliant) concerning the content of copper and zinc in compound feedingstuffs for pigs
Type of compound feedingstuff (animal category) |
Trace element (copper or zinc) |
Level found (mg/kg of complete feedingstuff) |
Reason for exceeding the maximum content (1) |
Action taken |
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(1) As concluded after an investigation carried out by the competent authority.