Commission Regulation (EU) 2022/1104 of 1 July 2022 amending Regulation (EU) No 68/2013 on the Catalogue of feed materials (Text with EEA relevance)

• Coming into Force: 24 July 2022
• End of Effective Date: 31 December 9999
• Celex Number: 32022R1104
• ELI: http://data.europa.eu/eli/reg/2022/1104/oj
• Published date: 04 July 2022
• Date: 01 July 2022
• Official Gazette Publication: Official Journal of the European Union, L 177, 4 July 2022

4.7.2022 EN Official Journal of the European Union L 177/4

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COMMISSION REGULATION (EU) 2022/1104

of 1 July 2022

amending Regulation (EU) No 68/2013 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 (3) thereof,

Whereas:

(1) Since the last revision of the Catalogue of feed materials pursuant to Commission Regulation (EU) No 68/2013 (2) published 2017, 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 the Catalogue of feed materials.

(2) Those amendments concern clarifications of the general provisions, new entries for treatment processes and for feed materials and adaptations of existing entries. In particular, specific provisions concerning the description, maximum contents of chemical impurities and particulars concerning the compulsory declarations, as referred to in Article 16(1)(b) of Regulation (EC) No 767/2009, should be established for certain emerging feed materials in order to provide for more detailed information on the respective products’ properties. In order to foster the valorisation of certain feed materials originating from the bio-economy, food or biofuel sector, such feed materials should rather have the denominator “co-product” than “by-product”, as the latter has a depreciative character. However, this rewording should not apply to animal by-products falling within the scope of Regulation (EC) No 1069/2009 (3). Moreover, the provisions of the Annex to Regulation (EU) No 68/2013 concerning the products and co-products obtained by fermentation should be amended, in order to better reflect the different kinds of fermentation products.

(3) The amendments to the Catalogue of feed materials should take into account the provisions laid down in Commission Implementing Regulation (EU) 2021/758 (4), with regard to the status of certain products, including the transitional measures specified therein. In particular, Implementing Regulation (EU) 2021/758 provides that the products sodium citrates, potassium citrates, sorbitol, mannitol and calcium hydroxide are feed additives to be withdrawn from the market under Article 10(5) of Regulation (EC) No 1831/2003 (5), whilst they were also included in the Catalogue of feed materials. In order to take account of the legal uncertainty about the classification of those additives, Implementing Regulation (EU) 2021/758 provides for a transitional period until 30 May 2028 for their withdrawal from the market and use. This should allow interested parties to submit new applications for authorisation of those feed additives in accordance with Regulation (EC) No 1831/2003. The consequential removal of the said products from the Catalogue of feed materials should therefore be accompanied by a similar transitional period, as far as their placing on the market and use as feed materials are concerned.

(4) Furthermore, Implementing Regulation (EU) 2021/758 provides that the products xylitol, ammonium lactate and ammonium acetate, respectively included in the Catalogue of feed materials, are feed additives within the scope of Regulation (EC) No 1831/2003. As a result of the classification of those products as feed additives in accordance with Implementing Regulation (EU) 2021/758, it is appropriate to provide for a transitional period as the one laid down in that Implementing Regulation, in order to allow interested parties to adapt to the new status of those products and to submit a new application for authorisation of those feed additives under the procedures set out in Regulation (EC) No 1831/2003.

(5) The conditions set out in Article 26(4) of Regulation (EC) No 767/2009 are fulfilled.

(6) Given the very high number of amendments to be made to Regulation (EU) No 68/2013, it is appropriate, for reasons of coherence, clarity and simplification, to replace the Annex to that Regulation.

(7) It is appropriate to reduce the administrative burden on the operators by providing a sufficient 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 Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 68/2013 is replaced by the Annex to this Regulation.

Article 2

Feed materials which have been labelled before 24 July 2023 in accordance with Regulation (EU) No 68/2013 as it stood before being amended by this Regulation may continue to be placed on the market and used until stocks are exhausted.

Article 3

The feed additives sodium citrates, potassium citrates, sorbitol, mannitol, calcium hydroxide, xylitol, ammonium lactate and ammonium acetate may continue to be placed on the market and used as feed materials until 30 May 2028 at the latest.

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, 1 July 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1) OJ L 229, 1.9.2009, p. 1.

(2) Commission Regulation (EU) No 68/2013 of 16 January 2013 on the Catalogue of feed materials (OJ L 29, 30.1.2013, p. 1).

(3) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p. 1).

(4) Commission Implementing Regulation (EU) of 2021/758 of 7 May 2021 on the status of certain products as feed additives within the scope of Regulation (EC) No 1831/2003 of the European Parliament and of the Council and on the withdrawal from the market of certain feed additives (OJ L 162, 10.5.2021, p. 5).

(5) Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29).

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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; particular attention shall be paid to compliance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council (1) for feed materials that are or are produced from genetically modified organisms, or result from a fermentation process involving genetically modified micro-organisms. Feed materials consisting of or containing animal by-products shall fulfil the requirements of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (2) and of Commission Regulation (EU) No 142/2011 (3) and their use may be subject to restrictions pursuant to Regulation (EC) No 999/2001 of the European Parliament and of the Council (4). 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 Union 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 (5), 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 relevant information provided by feed business operators in the context of usual commercial transactions.

(5) In accordance with good practice as referred to in Article 4 of Regulation (EC) No 183/2005, application of the ALARA (6) principle and without prejudice to the application of Regulation (EC) No 183/2005, Directive 2002/32/EC of the European

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