(1)

Regulation (EC) No 183/2005 lays down general rules on feed hygiene, conditions and arrangements to ensure that processing conditions to minimise and control potential hazards are respected. Feed business establishments are to be registered with or approved by the competent authority. Additionally, feed business operators lower down the feed chain have the obligation to source feed only from establishments which are registered or approved.

(2)

Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed (2) requires feed placed on the market to be safe and explicitly labelled with the respective type of feed. Additionally, Commission Regulation (EU) No 575/2011 of 16 June 2011 on the Catalogue of feed materials (3) lists detailed descriptions for specific feed materials to be used for labelling purposes.

(3)

The interplay of these requirements should ensure traceability and a high level of consumer protection throughout the feed and food chain.

(4)

Official controls and controls carried out by feed business operators have shown that certain oils and fats and products derived thereof not intended for feed use have been used as feed materials resulting in feed exceeding the maximum dioxin levels laid down in Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (4). As a consequence, food derived from animals fed with contaminated feed may pose a public health risk. In addition, financial losses may result from the withdrawal of contaminated feed and food from the market.

(5)

To enhance feed hygiene and without prejudice to the competence of the Member States as laid down in Article 10(2) of Regulation (EC) No 183/2005, establishments further processing crude vegetable oils, manufacturing products derived from oils of vegetable origin and blending fats should be subject to approval in accordance with that Regulation if these products are intended for use in feed.

(6)

Specific requirements for the production, labelling, storage and transport of those feed materials should be provided for to take into account the experience gained from the application of hazard analysis and critical control points (HACCP)-based systems.

(7)

A reinforced dioxin monitoring would facilitate the detection of non-compliances and the enforcement of feed law. It is necessary to provide for an obligation for feed business operators to test fats, oils and products derived thereof for dioxin and dioxin-like PCBs in order to reduce the risk that contaminated products enter the food chain and, therefore, support the strategy to reduce the exposure to dioxin of EU citizens. The risk of dioxin contamination should be the basis for the establishment of the monitoring plan. The responsibility to place safe feed on the market is with the feed business operators. Thus the costs for the analysis should be fully borne by them. Detailed provisions on sampling and analysis not contained in this Regulation should remain within the competence of the Member States. Furthermore, Member States are encouraged to focus on the controls of feed business operators that are not under the scope of the dioxin monitoring but that obtain the products mentioned above.

(8)

The mandatory risk-based monitoring system must not affect the feed business operator’s duty to comply with the requirements of Union legislation on feed hygiene. It should be integrated into good hygiene practices and the HACCP-based system. This should be verified by the competent authority in the context of the approval of the feed business operator. The operator’s regular review of his own risk assessment should consider the findings of the dioxin monitoring.

(9)

Laboratories performing dioxin analyses should be obliged to report results exceeding the maximum permitted limits provided for in Directive 2002/32/EC not only to the feed business operator but also to the competent authority in order to improve transparency; this obligation does not exempt the feed business operator from his obligation to inform the competent authority.

(10)

In order to verify the effectiveness of the provisions concerning the mandatory dioxin monitoring and its integration in the feed business operators HACCP system, a review after two years should be provided for.

(11)

Sufficient time should be allowed to give competent authorities and feed business operators the possibility to adapt to the provisions of this Regulation.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them,

(1)

The preparation benzoic acid, belonging to the additive category of ‘zootechnical additives’, was authorised for 10 years as a feed additive for use in weaned piglets by Commission Regulation (EC) No 1730/2006 (2) and for use in pigs for fattening by Commission Regulation (EC) No 1138/2007 (3).

(2)

In accordance with Article 13(3) of Regulation (EC) No 1831/2003, the holder of the authorisation has proposed changing the terms of the authorisation of the preparation benzoic acid as feed additive for weaned piglets to delete the condition regarding inclusion of that preparation in compound feed via premixture and to modify the conditions regarding complementary feedingstuffs. The application was accompanied by the relevant supporting data. The Commission forwarded that application to the European Food Safety Authority (‘the Authority’).

(3)

The Authority concluded in its opinion of 6 September 2011 (4) that there is no reason to continue to restrict the inclusion of the preparation benzoic acid to compound feed via premixtures. It considered the restrictions on the use of the additive in complementary feed established by Regulation (EC) No 1138/2007 as being sufficient and applicable to weaned piglets.

(4)

The conditions provided for in Article 5 of Regulation (EC) No 1831/2003 are satisfied.

(5)

Regulation (EC) No 1730/2006 should therefore be amended accordingly.

(6)

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

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of Lactococcus lactis (NCIMB 30117). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The application concerns the authorisation of Lactococcus lactis (NCIMB 30117) as a feed additive for all animal species, to be classified in the additive category ‘technological additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 16 November 2011 (2) that, under the proposed conditions of use, the preparation of Lactococcus lactis (NCIMB 30117) does not have an adverse effect on animal health, human health or the environment, and that the use of the preparation has the potential to improve the production of silage from all forages by reducing the pH and increasing the preservation of dry matter. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of Lactococcus lactis (NCIMB 30117) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

(6)

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

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)

Import duties should be fixed for the period from 16 March 2012 and should apply until new import duties are fixed and enter into force.

(5)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 192/2012 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

(3)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

(1)

On 1 December 2009, by European Council Decision 2009/879/EU (1), Mr Herman VAN ROMPUY was elected President of the European Council for the period from 1 December 2009 until 31 May 2012.

(2)

In accordance with the Treaty, the holder of the office of President of the European Council may be re-elected once,

(1)

On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran (1).

(2)

On 23 January 2012, the Council adopted Decision 2012/35/CFSP amending Decision 2010/413/CFSP (2), in response to its serious and deepening concerns over the nature of Iran's nuclear programme.

(3)

In this context, the application of targeted financial measures by providers of specialised financial messaging services should be further developed, consistent with Decision 2010/413/CFSP.

(4)

Decision 2010/413/CFSP should be amended accordingly,

(1)

Given the exceptional circumstances prevailing in financial markets and the disruption in the normal assessment by the market of securities issued or guaranteed by the Hellenic Republic, the Governing Council adopted Decision ECB/2010/3 of 6 May 2010 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Greek Government (2). This Decision temporarily suspended the Eurosystem’s minimum requirements for credit quality thresholds, as specified in the Eurosystem credit assessment framework rules for certain marketable assets in Section 6.3.2 of Annex I to Guideline ECB/2011/14. Decision ECB/2012/2 (3) repealed Decision ECB/2010/3 because of the negative impact on the credit ratings assigned to such debt instruments of the launch of the debt exchange offer in the context of private sector involvement to holders of marketable debt instruments issued or guaranteed by the Greek Government.

(2)

On 21 July 2011, the Heads of State or Government of the euro area and Union institutions announced measures to stabilise Greek public finances, which included their commitment to provide collateral enhancement to underpin the quality of marketable debt instruments issued or guaranteed by the Hellenic Republic. The Governing Council has decided that such collateral enhancement is to be provided by the Hellenic Republic for the benefit of the national central banks (NCBs).

(3)

The Governing Council has decided that the Eurosystem’s credit quality threshold should be suspended in respect of marketable debt instruments issued or fully guaranteed by the Hellenic Republic that are covered by the collateral enhancement,

(1)

Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1) provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I thereto is prohibited.

(2)

A maximum level of 1 000 mg/kg of rye ergot (Claviceps purpurea) sclerotia has been established for feed containing unground cereals.

(3)

The Scientific Panel on Contaminants in the Food Chain of the European Food Safety Authority (EFSA) adopted an opinion on a request from the Commission related to ergot as undesirable substance in animal feed on 19 April 2005 (2).

(4)

The term ergot refers to fungal structures from Claviceps species developing instead of kernels on grain ears or seeds on grass heads, being visible as large dark coloured sclerotia. These sclerotia contain different classes of alkaloids, the most prominent being ergometrine, ergotamine, ergosine, ergocristine, ergocryptine and ergocornine and their related -inines. The amount and toxin pattern vary between fungal strains, depending on the host plant and the geographical region.

(5)

At present, the degree of variability in ergot alkaloid pattern in relation to fungal species, geographical distribution as well as in relation to the host plant (for example, the alkaloid pattern in rye ergot is different from that in other grass ergot) is not known. More data would be needed to identify all factors responsible for the variability in ergot alkaloid pattern in individual plant species.

(6)

The physical determination of the contamination rate of cereals by rye ergot is often inaccurate, as size and weight of the sclerotia may vary considerably. Moreover, this physical determination is impossible in processed feed and food. Hence, it has been suggested to provide in addition to control by physical methods also the possibility to control by chemical analysis of potentially contaminated feed and food, as various chromatographic methods are available to detect ergot alkaloids in feed and food. The methods are confined, however, to a selected number of ergot alkaloids.

(7)

It is necessary to generate more data on the presence of these ergot alkaloids, not only in unground cereals but also in cereal products and compound feed and food and to obtain reliable data on the ergot alkaloid pattern in feed and food and to relate the presence of ergot alkaloids to the amount of sclerotia present. It is appropriate to focus this monitoring on the six predominantly present ergot alkaloids, i.e. ergometrine, ergotamine, ergosine, ergocristine, ergocryptine and ergocornine and their related -inines,