Commission Implementing Regulation (EU) 2020/1560

of 26 October 2020

amending Annex VI to Regulation (EC) No 152/2009 laying down the methods of analysis for the determination of constituents of animal origin for the official control of feed

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC1 and in particular the Article 34(6) thereof,

Whereas:

(1)

Commission Regulation (EC) No 152/20092 establishes testing methods used to support official controls to enforce the ban on use of processed animal protein in feed for food producing animals. This includes methods of analysis for the determination of constituents of animal origin for the official control of feed, which are described in Annex VI of that Regulation and performed by light microscopy or polymerase chain reaction (PCR).

(2)

The European Union reference laboratory for animal proteins in feeding stuffs and the national reference laboratories in the Member States have encountered difficulties to interpret the results after the implementation of the light microscopy method described in Annex VI to Regulation (EC) No 152/2009.

(3)

To ensure legal clarity and certainty and to avoid divergent interpretations it is appropriate to amend certain provisions in Annex VI.

(4)

In particular, the observation flowchart for the detection of animal particles in compound feed and feed material should be amended to clarify the situations when only one determination is necessary to conclude the analysis. The expression of the results should also be further detailed. Finally, the characteristics of the equipment and the preparation of samples should be adjusted, based on the experience gained over the last six years of implementation of the method.

(5)

Annex VI to Regulation (EC) No 152/2009 should therefore be amended accordingly.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION: