European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 2002 (S.I. No. 363 of 2002)

S.I. No. 363 of 2002 European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 2002 I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No 27 of 1972), for the purpose of giving effect to Directive 2001/46/EC of the European Parliament and of the Council1 and Council Directive 2001/102/EC of 27 November, 20012, and for the purposes of giving further effect to Council Directive 1999/29/EC of 22 April 19993, as amended, hereby make the following Regulations. 1. (1) These Regulations may be cited as the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 2002. (2) The European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998 to 2000 and these Regulations may be cited collectively as the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998 to 2002. 2. In these Regulations “the Regulations of 1998” means the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998 3. Regulation 2 of the Regulations of 1998 is hereby amended by the substitution, for the definition of “the Directive”, of the definition set out in the First Schedule to these Regulations. 4. The First Schedule to the Regulations of 1998 is hereby amended by the substitution, for Item 11 “Dioxin”, of the provisions set out in the Second Schedule to these Regulations. 5. Part I of the Second Schedule to the Regulations of 1998 is hereby amended by the substitution, for Item 4 “Dioxin”, of the provisions set out in the Third Schedule to these Regulations. 1 O.J. L 234, 1. 9. 2001, p. 55 2 O.J. No. L 6, 10 . 1. 2002, p. 45 3 O.J. No. L115 4. 5. 1999, p. 32 FIRST SCHEDULE “the Directive” means Council Directive No. 74/63/EEC of 17 December 19734, as amended by: Commission Directive No. 76/14/EEC of 15 December 19755, Commission Directive No. 76/934/EEC of 1 December 19766, Council Directive No. 80/502/EEC of 6 May 19807, Commission Directive No. 83/381/EEC of 28 July 19838, Commission Directive No. 86/299/EEC of 3 June 19869, Council Directive No. 86/354/EEC of 21 July 198610, Commission Directive No. 87/238/EEC of 1 April 198711, Commission Directive No. 91/126/EEC of 13 February,199112 Commission Directive No. 92/63/EEC of 10 July,199213 Council Directive No. 92/88/EEC of 26 October, 199214 Commission Directive No. 94/16/EEC of 22 April, 199415 Council Directive No. 95/69/EC of 22 December, 199516 Commission Directive No. 96/6/EEC of 16 February, 199617, Commission Directive No. 96/25/EC of 29 April, 199618, Commission Directive No. 97/8/EC of 7 February, 199719, Commission Directive No. 98/60/EC of 25 July, 199820, Council Directive 99/29/EC of 22 April, 199921, Directive 2001/46/EC of the European Parliament and of the Council22, and Council Directive No. 2001/102/EC of 27 November, 200123. 4 O.J. No. L 38, 11. 2. 1974, p. 31 5 O.J. No. L 4, 9. 1. 1976, p.24 6 O.J. No. L 364, 31. 12. 1976, p. 20 7 O.J. No. L 124, 20. 5. 1980, p 17 8 O.J. No. L 222, 13. 8. 1983, p. 31 9 O.J. No. L 189, 11. 7. 1986, p.40 10 O.J. No. L 212, 2. 8. 1986, p. 27 11 O.J. No L 110, 25. 4. 1987, p. 25 12 O.J. No. L 60, 7. 3. 1991, p. 16 13 O.J. No. L 221, 6. 8. 1992, p. 49 14 O.J. No. L 321, 6. 11. 1992, p. 24 15 O.J. No. L 104, 23. 4. 1994, p. 32 16 O.J. No. L 332, 30. 12. 1995, p. 15 17 O.J. No. L 49, 28. 2. 1996, p. 29 18 O.J. No. L 125, 23. 5. 1996, p. 35 19 O.J. No. L 48, 19. 2. 1997, p. 22 20 O.J. No. L 209, 25.7.1998, p.50 21 O.J. No. L 155, 4. 5. 1999, p. 32 22 O.J. L 234, 1. 9. 2001, p. 55 23 O.J. No. L 6, 10. 1. 2002, p. 45 SECOND SCHEDULE Substances, products Feeding stuffs Maximum content in mg/kg (ppm) relative to a feeding stuff with a moisture content of 12% 1 2 3 11. Dioxin (sum of polychlorinated dibenzo-para dioxins (PCDDs)and polychlorinated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)) PCDD/F All feed materials of plant origin including vegetable oils and plant products 0.75 ng WHO-PCDD/F-TEQ/kg5 6 Minerals 1.0 ng WHO-PCDD/F-TEQ/kg Animal fat, including milk fat and egg fat 2.0 ng WHO-PCDD/F-TEQ/kg Other land animal products including milk and milk products and eggs and egg products 0.75 ng WHO-PCDD/F-TEQ/kg Fish oil 6.0 ng WHO-PCDD/F-TEQ/kg Fish, other aquatic animals, their products and by-products with the exception of fish oil7 1.25 ng WHO-PCDD/F-TEQ/kg Compound feedingstuffs, with the exception of feedingstuffs for fur animals, pet foods and feedingstuffs for fish 0.75 ng WHO-PCDD/F-TEQ/kg Feedingstuffs for fish Pet foods 2.25 ng WHO-PCDD/F-TEQ/kg 5 Upper bound concentrations; upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of determination are equal to the limit of determination. 6 7 These maximum limits shall be reviewed for the first time before 31 December 2004 in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set and will be further reviewed before 31 December 2006 with the aim of significantly reducing of the maximum levels. 8 9 Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted from the maximum limit. The products, processed animal proteins produced from these fur animals cannot enter the food chain and feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food. THIRD SCHEDULE Substances, products Feeding stuffs Maximum content in mg/kg (ppm) relative to a feeding stuff with a moisture content of 12% 1 2 3 4. Dioxin (sum of polychlorinated dibenzo-para dioxins (PCDDs)and polychlorinated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)) PCDD/F All feed materials of plant origin including vegetable oils and plant products 0.75 ng WHO-PCDD/F-TEQ/kg5 6 Minerals 1.0 ng WHO-PCDD/F-TEQ/kg Animal fat, including milk fat and egg fat 2.0 ng WHO-PCDD/F-TEQ/kg Other land animal products including milk and milk products and eggs and egg products 0.75 ng WHO-PCDD/F-TEQ/kg Fish oil 6.0 ng WHO-PCDD/F-TEQ/kg Fish, other aquatic animals, their products and by-products with the exception of fish oil7 1.25 ng WHO-PCDD/F-TEQ/kg Compound feedingstuffs, with the exception of feedingstuffs for fur animals, pet foods and feedingstuffs for fish 0.75 ng WHO-PCDD/F-TEQ/kg Feedingstuffs for fish Pet foods 2.25 ng WHO-PCDD/F-TEQ/kg 10 Upper bound concentrations; upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of determination are equal to the limit of determination. 11 12 These maximum limits shall be reviewed for the first time before 31 December 2004 in the light of new data on the presence of dioxins and dioxin-like PCBs, in particular with a view to the inclusion of dioxin-like PCBs in the levels to be set and will be further reviewed before 31 December 2006 with the aim of significantly reducing of the maximum levels. 13 14 Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted from the maximum limit. The products, processed animal proteins produced from these fur animals cannot enter the food chain and feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food. Given under my Official Seal, this 28th day of June, 2002. L.S. JOE WALSH, Minister for Agriculture and Food Explanatory Note (This note is not part of the Instrument and does not purport to be a legal interpretation). These Regulations amend the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998, in order to give effect to Council Directive 2001/102/EC which lays down maximum permitted levels for dioxins in feedingstuffs. Pn.11898 Published by the Stationery Office, Dublin