COMMISSION REGULATION (EU) No 68/2013
of 16 January 2013
on the Catalogue of feed materials
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (1), and in particular Article 26(2) and (3) thereof,
Whereas:
(1)
Commission Regulation (EU) No 575/2011 of 16 June 2011 on the Catalogue of feed materials (2) (the Catalogue) replaced the first version of the Catalogue of feed materials set out in Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the Catalogue of feed materials (3).
(2)
The appropriate representatives of the European feed business sectors have, in consultation with other parties concerned, in collaboration with the competent national authorities and taking into account relevant experience from opinions issued by the European Food Safety Authority and scientific or technological developments, developed amendments to Regulation (EU) No 575/2011.
(3)
These amendments concern new entries of treatment processes and feed materials and improvements of existing entries, in particular for oil and fat derivatives.
(4)
Furthermore, the amendments concern maximum contents of chemical impurities resulting from their manufacturing process or from processing aids to be set according to point 1 of Annex I to Regulation (EC) No 767/2009. Specific rules should apply to former foodstuff e.g. production surplus, misshapen products or food with expired use-by date that had been produced in compliance with EU food law.
(5)
The conditions set out in Article 26 of Regulation (EC) No 767/2009 are fulfilled.
(6)
Given the very high number of amendments to be made to Regulation (EU) No 575/2011, it is appropriate, for reasons of coherence, clarity and simplification, to repeal and replace that Regulation.
(7)
It is appropriate to reduce the administrative burden on the operators by providing a period of time allowing a smooth conversion of labelling to avoid unnecessary disruption to commercial practices.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
The Catalogue of feed materials referred to in Article 24 of Regulation (EC) No 767/2009 is established, as set out in the Annex to this Regulation.
Article 2
Regulation (EU) No 575/2011 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 3
Feed materials which have been labelled in accordance with Regulation (EU) No 575/2011 before 19 August 2013 may continue to be placed on the market and used until stocks are exhausted.
Article 4
This Regulation shall enter into force on the twentieth day following that of 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, 16 January 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 229, 1.9.2009, p. 1.
(2) OJ L 159, 17.6.2011, p. 25.
(3) OJ L 77, 24.3.2010, p. 17.
ANNEX
CATALOGUE OF FEED MATERIALS
PART A
General provisions
(1)
The use of this Catalogue by the feed business operators shall be voluntary. However, the name of a feed material listed in Part C may be used only for a feed material complying with the requirements of the entry concerned.
(2)
All entries in the list of feed materials in Part C shall comply with the restrictions on the use of feed materials in accordance with the relevant legislation of the Union. Feed business operators using a feed material entered in the Catalogue shall ensure that it complies with Article 4 of Regulation (EC) No 767/2009.
(3)
‘Former foodstuffs’ means foodstuffs, other than catering reflux, which were manufactured for human consumption in full compliance with the EU food law but which are no longer intended for human consumption for practical or logistical reasons or due to problems of manufacturing or packaging defects or other defects and which do not present any health risks when used as feed. The setting of maximum contents as referred to in point 1 of Annex I to Regulation (EC) No 767/2009 shall not be applicable to former foodstuffs and catering reflux. It shall apply when further processed as feed.
(4)
In accordance with good practice as referred to in Article 4 of Regulation (EC) No 183/2005 of the European Parliament and of the Council (1), feed materials shall be free from chemical impurities resulting from their manufacturing process and from processing aids, unless a specific maximum content is fixed in the Catalogue. Substances prohibited for use in feed shall not be present and for those substances such maximum contents shall not be fixed. In the interest of transparency, feed materials with tolerated residues are complemented with relevan
