Key Benefits:
Decision of 12 November 2012 laying down rules on feed (Animal feed Decision 2012)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Economic Affairs, Agriculture and Innovation of 12 July 2012, No 283165, Executive Board of Legislation and Legal Affairs, done in accordance with our Minister for Health, Welfare and Sport, and after consultation with the Secretary of State for Social Affairs and Employment;
Having regard to
Regulation (EC) No 148/EC 999/2001 the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (PbEG 2001, L 147);
Directive 2002 /32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal nutrition (PbEG 2002, L 140);
Regulation (EC) No 148/EC 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures for food safety issues (PbEG 2002, L 31);
Regulation (EC) No 148/EC 1829/2003. from the European Parliament and the Council of 22 September 2003 on genetically modified food and feed (PbEU 2003, L 268);
Regulation (EC) No 148/EC 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of life tools produced from genetically modified organisms, and feed and amending Directive 2001 /18/EC (PbEU 2003, L 268);
Regulation (EC) No 148/EC As amended of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (PbEU 2003, L 268);
Regulation (EC) No 148/EC 2160/2003 from the European Parliament and the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (PbEU 2003, L 325);
Regulation (EC) No 148/EC 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 (PbEU 2004, L 191);
Regulation (EC) No 148/EC 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down rules on feed hygiene (PbEU 2005, L 35);
Regulation (EC) No 148/EC Species of 23 February 2005 of the European Parliament and of the Council of the European Union establishing maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Directive 91 /414/EC of the Council (PbEg 2005, L 70);
Regulation (EC) No 148/EC 834/2007 of the Council of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 313/2007 2092/91 (PbEU 2007, L 189);
Regulation (EC) No 148/EC 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of limit values for residues of pharmacologically active substances in foodstuffs of animal origin, to the withdrawal of Regulation (EEC) No 1418/EEC The Council and the Council Directive 2001 /82/EC of the European Parliament and of the Council and of Regulation (EC) No European Parliament and Council 726/2004 (PbEU 2009, L 152/11);
Regulation (EC) No 148/EC 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 Regulation (EC) No 148/2009 631, Directive 79 /373/EEC of the Council, Directive 80 /511/EEC of the Commission, Directives 82 /471/EEC , 83 /228/EEC , 93 /74/EEC , 93 /113/EC and 96 /25/EC of the Council and Decision 2004 /217/EC of the Commission (PbEU 2009, L 229);
Regulation (EC) No 148/EC 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 248/2009 No 1774/2002 (PbEU 2009, L 300), and
The Articles 2.17, 1st paragraph , 2.18 , 6.2, 1st Member , 6.3, 1st Member , and 10.2 of the Wet Animals ;
The Department for the Advisory Board of the State (Opinion of 7 September 2012, No. W15.12.0295/IV);
Having regard to the further report of the State Secretary for Economic Affairs, Agriculture and Innovation of 2 November 2012, No 12339397, Directorate-General for Legislation and Legal Affairs, delivered in accordance with our Minister for Health, Welfare and Sport, and after consultation with the Secretary of State for Social Affairs and Employment;
Have found good and understand:
For the purposes of this Decision, the following provisions shall be understood as:
- Undesirable substances: all substances and products, with the exception of pathogens, present in or on a product intended for animal feed and which present a potential hazard to human or animal health, or to the environment, or to the environment, May adversely affect animal production;
- Regulation (EC) No 148/EC 999/2001: Regulation (EC) No 148/EC The European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2001 L 147);
- Directive 2002 /32/EC: Directive 2002 /32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal nutrition (PbEG 2002, L 140);
- Regulation (EC) No 148/EC 178/2002: Regulation (EC) No 148/EC European Parliament and Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and establishing a European Food Safety Authority (EFSA) procedures for food safety issues (PbEC 2002, L 31);
- Regulation (EC) No 148/EC 1829/2003: Regulation (EC) No 148/EC 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (PbEU 2003, L 268);
- Regulation (EC) No 148/EC 1830/2003: Regulation (EC) No 148/EC 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of life tools produced from genetically modified organisms, and feed and amending Directive 2001 /18/EC (PbEU 2003, L 268);
- Regulation (EC) No 148/EC TNO. Regulation (EC) No 148/EC No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (PbEU 2003, L 268),
- Regulation (EC) No 148/EC 2160/2003: Regulation (EC) No 148/EC (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (PbEU 2003, L 325);
- Regulation (EC) No 148/EC 882/2004: Regulation (EC) No 148/EC European Parliament and 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 (PbEU 2004, 191);
- Regulation (EC) No 148/EC 183/2005: Regulation (EC) No 148/EC 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (PbEU 2005, 35);
- Regulation (EC) No 148/EC Ed Regulation (EC) No 148/EC European Parliament and the Council of the European Union of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and containing maximum residue limits Change of Directive 91 /414/EC of the Council (PbEg 2005, L 70);
- Regulation (EC) No 148/EC 834/2007: Regulation (EC) No 148/EC Council Regulation (EEC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 834/2007 of 28 June 2007 on organic production 2092/91 (PbEU 2007, L 189);
- Regulation (EC) No 148/EC 470/2009: Regulation (EC) No 148/EC Council Regulation (EEC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of limit values for residues of pharmacologically active substances in foodstuffs of animal origin, repealing of Regulation (EEC) No 148/ The Council and the Council Directive 2001 /82/EC of the European Parliament and of the Council and of Regulation (EC) No European Parliament and Council 726/2004 (PbEU 2009, L 152/11);
- Regulation (EC) No 148/EC 767/2009: Regulation (EC) No 148/EC Commission 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 Regulation (EC) No 1467/2009 631, Directive 79 /373/EEC of the Council, Directive 80 /511/EEC of the Commission, Directives 82 /471/EEC , 83 /228/EEC , 93 /74/EEC , 93 /113/EC and 96 /25/EC of the Council and Decision 2004 /217/EC of the Commission (PbEU 2009, L 229);
- Regulation (EC) No 148/EC 1069/2009: Regulation (EC) No 148/EC Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1069/2009 No 1774/2002 (PbEU 2009, L 300);
- Foundation Skal: Foundation Skal te Zwolle;
- Law: Animals law .
1 By ministerial arrangement, EU regulations on feed and EU legal acts adopted pursuant to those EU Regulations shall lay down rules on feed related to the subject matter referred to in Article 2 of the EC Treaty. Article 2.18, second paragraph, points (a) to (l) of the Act in so far as those EU legal acts require to implement a part of those legal acts.
2 By ministerial arrangement, EU regulations on feed and EU legal acts adopted pursuant to those EU Regulations may lay down rules on feed related to the subject matter referred to in Article 2 of the EC Treaty. Article 2.18, second paragraph, points (a) to (l) of the Act to the extent that those EU legal acts allow the space to permit or prohibit a particular act or state of affairs.
This paragraph applies to organic feed, without prejudice to EU regulations, EU decisions, or to or under the Articles 2.17 , 2.18 or 6.4 of the Act provisions concerning feedingstuffs.
A ministerial arrangement shall establish rules for the implementation of binding components of EU legal acts relating to the production of organic feed.
Detailed rules on the production of organic feed for pet animals for the implementation of the provisions of Article 40 of Regulation (EC) No 238ation may be laid down in the Ministerial Regulation. 834/2007 rules.
The Foundation Skal is:
a. (a) responsible for monitoring compliance with, or monitoring of, the organic production of feed, as required by this Decision;
(b) have the power to provide supporting documents relating to the quality of feedingstuffs produced in accordance with organic production, if specified in the Ministerial procedure, Article 2.1 -The rules have been set.
On the implementation of the monitoring and verification, Article 2.4 by the Foundation Skal, shall apply mutatis mutandis:
a. the Articles 8 to 10 , 11, first and fourth to seventh members , 12 and 13 of the Agricultural Quality Act ;
For the purposes of this Chapter, the following definitions shall apply:
- additional feed: mixtures of feedingstuffs containing a high content of certain substances and constituting a total daily ration only together with other feed;
- daily ration: total quantity of feed, converted to a moisture content of 12%, which is an animal of a given species given its age class and performance, on average daily in order to fully satisfy his feed requirements;
- compound feedingstuffs: mixtures of feed materials, whether or not containing additives and intended for feeding in the form of complete feed or complementary feed;
- Products intended for animal feed: feed materials, additives, premixtures, compound feed, complementary feed, complete feed and any other products intended for use or use for animal feed;
- Additives: Additive referred to in Article 2 (2) (a) of Regulation (EC) No 1228/EC TNO.
- feed materials: the various products of vegetable or animal origin in the natural state, fresh or preserved, and the products derived from their industrial processing, and organic or inorganic substances, with or without additives, and intended for feeding, either as such, after processing, for the preparation of compound feedingstuffs or as a carrier in premixtures;
- premixtures: mixtures of additives or mixtures of one or more additives with substances which constitute carriers intended for the manufacture of feed;
- complete feed: mixtures of feedingstuffs which, by their composition, constitute a total daily ration in themselves.
Any person who, with a feedingstuff, acts as intended Article 2.17, first paragraph, of the Act carry out that act only with a product intended for the feeding of animals that is the product listed in Annex I to Directive No 2002 /32/EC does not exceed the amount of undesirable substances identified.
1 In products intended for animal feed, maximum levels for animal feed Article 3.2 have been exceeded, our Minister's Research will be carried out to identify the sources of undesirable substances, taking into account background levels.
2 Our Minister shall, if possible, involve market participants in the investigation provided for in paragraph 1.
3 By way of derogation from Article 3.2 Rules governing the testing of animals with products intended for animal feed in order to identify sources of undesirable substances in relation to exceeding a maximum level may be laid down by the Ministerial Regulation.
1 In products intended for animal feed, increased levels of undesirable substances have been established, Our Minister for Research shall be responsible for the identification of sources of undesirable substances, taking into account the requirements of the background levels.
2 The examination shall be carried out when an action threshold is exceeded, which shall be the subject of Annex II to this Regulation. Directive 2002 /32/EC is set.
3 Our Minister shall, as far as possible, involve market participants in the investigation referred to in paragraph 1.
4 By way of derogation from Article 3.2 In the case of products intended for animal feed to take measures to reduce or eliminate an increased level of undesirable substances, rules may be laid down under the Ministerial Regulation on animals with products intended for animal feeding. ed.
Our Minister sends yearly information about the results of the research, intended to Article 3.3 and 3.4 , as well as other useful information and findings, including information on the source and measures taken to limit or eliminate the undesirable substance content, to the Commission of the European Union and to the other Member States of the European Union European Union. The transmission shall be transmitted without delay, if it is of immediate importance to the other Member States of the European Union.
Products intended for the feeding of animals, with a content of an undesirable substance, that it is specified in column 3 of the table in Annex I to this Regulation. Directive 2002 /32/EC does not exceed, for the purposes of dilution, the same product or other products intended for animal feed shall not be mixed.
In complementary feedingstuffs, the content of the contents of Annex I of Directive 2002 /32/EC the undesirable substances referred to above do not exceed the level established for complete feedingstuffs, taking into account the proportion prescribed for their use in a daily ration.
1 In the case of a risk to human or animal health or to the environment, where new data have become available or a new assessment of existing data has been carried out, under ministerial arrangement:
a. Temporarily a lower maximum level is determined than the maximum level specified in Article 3.2 ,
(b) fixing a maximum level for an undesirable substance not listed in Annex I to this Regulation; Directive 2002 /32/EC , or
c. The presence of an undesirable substance in products intended for animal feeding shall be prohibited.
The Minister shall immediately inform the other Member States of the European Union and the Commission of the European Union of any arrangements referred to in paragraph 1 (a) to (c), stating the reasons for its decision.
3 By way of derogation from Article 3.2 Our Minister may lay down rules for experiments on animals with products intended for animal feed and may be used in connection with new data or a new assessment of existing data on substances in animal feed. risk as referred to in the first paragraph.
Ministerial rules may lay down rules for the adoption of measures necessary to ensure that the criteria for the acceptability of detoxification processes adopted by the European Commission are correctly applied and purified products intended for the feeding of animals shall comply with the provisions of Annex I to this Regulation. Directive 2002 /32/EC .
After the entry into force of this Decision, the Feed Scheme 2012 shall be based on the Articles 2.1 , 2.3 and 2.4 of this Decision.
A ministerial arrangement to be adopted under this Decision shall be determined by our Minister in agreement with our Minister for Health, Welfare and Sport.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This Decision is cited as: Decision of feed 2012.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 12 November 2012
Beatrix
The Secretary of State for Economic Affairs,
J. C. Verdaas
The Minister for Health, Welfare and Sport,
E. I. Schippers
Published the sixth of December 2012The Minister for Security and Justice,
I. W. Opstelten
