Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (1)

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26.2.2009 EN Official Journal of the European Union L 54/1

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COMMISSION REGULATION (EC) No 152/2009

of 27 January 2009

laying down the methods of sampling and analysis for the official control of feed

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 11(4)(a), (b) and (c) thereof,

Whereas:

(1) The following acts were adopted for the implementation of Directive 70/373/EEC and remain in force in accordance with Article 61(2) of Regulation (EC) No 882/2004:

- First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feedingstuffs (2),

- Second Commission Directive 71/393/EEC of

18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs (3),

- Third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (4),

- Fourth Commission Directive 73/46/EEC of 5 December 1972 establishing Community methods of analysis for the official control of feedingstuffs (5),

- First Commission Directive 76/371/EEC of 1 March 1976 establishing Community methods of sampling for the official control of feedingstuffs (6),

- Seventh Commission Directive 76/372/EEC of 1 March 1976 establishing Community methods of analysis for the official control of feedingstuffs (7),

- Eight Commission Directive 78/633/EEC of 15 June 1978 establishing Community methods of analysis for the official control of feedingstuffs (8),

- Ninth Commission Directive 81/715/EEC of 31 July 1981 establishing Community methods of analysis for the official control of feedingstuffs (9),

- Tenth Commission Directive 84/425/EEC of 25 July 1984 establishing Community methods of analysis for the official control of feedingstuffs (10),

- Commission Directive 86/174/EEC of 9 April 1986 fixing the method of calculation for the energy value of compound poultry-feed (11),

(1) OJ L 165, 30.4.2004, p. 1, corrected by OJ L 191, 28.5.2004, p. 1. (2) OJ L 155, 12.7.1971, p. 13.

(3) OJ L 279, 20.12.1971, p. 7.

(4) OJ L 123, 29.5.1972, p. 6.

(5) OJ L 83, 30.3.1973, p. 21. (6) OJ L 102, 15.4.1976, p. 1. (7) OJ L 102, 15.4.1976, p. 8. (8) OJ L 206, 29.7.1978, p. 43. (9) OJ L 257, 10.9.1981, p. 38. (10) OJ L 238, 6.9.1984, p. 34. (11) OJ L 130, 16.5.1986, p. 53.

L 54/2 EN Official Journal of the European Union 26.2.2009

- Eleventh Commission Directive 93/70/EEC of 28 July 1993 establishing Community methods of analysis for official control of feedingstuffs (1),

- Twelfth Commission Directive 93/117/EC of

17 December 1993 establishing Community methods of analysis for official control of feedingstuffs (2),

- Commission Directive 98/64/EC of 3 September 1998 establishing Community methods of analysis for the determination of amino-acids, crude oils and fats, and olaquindox in feedingstuffs and amending Directive 71/393/EEC (3),

- Commission Directive 1999/27/EC of 20 April 1999 establishing Community methods of analysis for the determination of amprolium, diclazuril and carbadox in feedingstuffs and amending Directives 71/250/EEC, 73/46/EEC and repealing Directive 74/203/EEC (4),

- Commission Directive 1999/76/EC of 23 July 1999 establishing a Community method of analysis for the determination of lasalocid sodium in feedingstuffs (5),

- Commission Directive 2000/45/EC of 6 July 2000 establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs (6),

- Commission Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding-stuffs (7),

- Commission Directive 2003/126/EC of 23 December 2003 on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs (8).

(2) Since Directive 70/373/EEC was replaced by Regulation (EC) No 882/2004 it is appropriate to replace the implementing acts to that Directive by a single Regulation. At the same time the methods should be adapted in the light of developments in scientific and technological knowledge. Methods which are no longer valid for their intended purpose should be deleted. It is foreseen to update the sampling provisions in due time to take into account the recent developments in the way feed are produced, stored, transported and marketed, nevertheless it is appropriate to maintain for the time being the existing provisions on sampling.

(3) Directives 71/250/EEC, 71/393/EEC, 72/199/EEC, 73/46/ EEC, 76/371/EEC, 76/372/EEC, 78/633/EEC, 81/715/EEC, 84/425/EEC, 86/174/EEC, 93/70/EEC, 93/117/EC, 98/64/

EC, 1999/27/EC, 1999/76/EC, 2000/45/EC, 2002/70/EC and 2003/126/EC should therefore be repealed.

(4) 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

Sampling for the official control of feed, as regards the determination of constituents, additives and undesirable substances, with the exception of residues of pesticides and micro-organisms, shall be carried out in accordance with the methods set out in Annex I.

Article 2

Preparation of samples for analysis and expression of results shall be carried out in accordance with the methods set out in Annex II.

Article 3

Analysis for the official control of feed shall be carried out using the methods set out in Annex III (Methods of analysis to control the composition of feed materials and compound feed, Annex IV (Methods of analysis to control the level of authorised additives in feed), Annex V (Methods of analysis to control undesirable substances in feed) and Annex VI (Methods of analysis for the determination of constituents of animal origin for the official control of feed).

Article 4

The energy value of compound poultry feed shall be calculated in accordance with Annex VII.

Article 5

The methods of analysis to control illegal presence of no longer authorised additives in feed set out in Annex VIII shall be used for confirmatory purposes.

Article 6

Directives 71/250/EEC, 71/393/EEC, 72/199/EEC, 73/46/EEC, 76/371/EEC, 76/372/EEC, 78/633/EEC, 81/715/EEC, 84/425/ EEC, 86/174/EEC, 93/70/EEC, 93/117/EC, 98/64/EC, 1999/27/ EC, 1999/76/EC, 2000/45/EC, 2002/70/EC and 2003/126/EC are repealed.

References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation tables in Annex IX.

(1) OJ L 234, 17.9.1993, p. 17. (2) OJ L 329, 30.12.1993, p. 54. (3) OJ L 257, 19.9.1998, p. 14. (4) OJ L 118, 6.5.1999, p. 36. (5) OJ L 207, 6.8.1999, p. 13. (6) OJ L 174, 13.7.2000, p. 32. (7) OJ L 209, 6.8.2002, p. 15. (8) OJ L 339, 24.12.2003, p. 78.

26.2.2009 EN Official Journal of the European Union L 54/3

Article 7

This Regulation shall enter into force on the twentieth day following that of 20th day following its publication in the Official Journal of the European Union.

It shall apply from 26 August 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 January 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

L 54/4 EN Official Journal of the European Union 26.2.2009

ANNEX I

METHODS OF SAMPLING

1. PURPOSE AND SCOPE

Samples intended for the official control of feed shall be taken according to the methods described below. Samples thus obtained shall be considered as representative of the sampled portions.

2. SAMPLING PERSONNEL

The samples shall be taken by persons authorised for that purpose by the Member States.

3. DEFINITIONS

Sampled portion: A quantity of product constituting a unit, and having characteristics presumed to be uniform.

Incremental sample: A quantity taken from one point in the sampled portion.

Aggregate sample: An aggregate of incremental samples taken from the same sampled portion.

Reduced sample: A representative part of the aggregate sample, obtained from the latter by a process of reduction.

Final sample: A part of the reduced sample or of the homogenised aggregate sample.

4. APPARATUS

4.1. The sampling apparatus must be made of materials which cannot contaminate the products to be sampled. Such apparatus may be officially approved by the Member States.

4.2. Apparatus recommended for the sampling of solid feed.

4.2.1. Manual sampling

4.2.1.1. Flat-bottomed shovel with vertical sides.

4.2.1.2. Sampling spear with a long split or compartments. The dimensions of the sampling spear must be appropriate to the characteristics of the sampled portion (depth of container, dimensions of sack, etc.) and to the particle size of the feed.

4.2.2. Mechanical sampling

Approved mechanical apparatus may be used for the sampling of moving feed.

4.2.3. Divider

Apparatus designed to divide the sample into approximately equal parts may be used for taking incremental samples and for the preparation of reduced and final samples.

5. QUANTITATIVE REQUIREMENTS

5.A. In relation to the control of substances or products uniformly distributed throughout the feed

5.A.1. Sampled portion

The size of the sampled portion must be such that each of its constituent parts can be sampled

26.2.2009 EN Official Journal of the European Union L 54/5

5.A.2. Incremental samples

5.A.2.1. Loose feed: Minimum number of incremental samples:

5.A.2.1.1. sampled portions not exceeding 2,5 metric tons seven

5.A.2.1.2. sampled portions exceeding 2,5 metric tons √ 20 times the number of metric tons making up the sampled portion (*), up to a maximum of 40 incremental samples

5.A.2.2. Packaged feed: Minimum number of packages to be sampled (**):

5.A.2.2.1....

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