(EU) No 1275/2013:就砷、镉、铅、亚硝酸盐、挥发性芥子油和有害植物杂质的最大限量，修订欧盟议会和理事会指令2002/32/EC附录I_政策法规

(EU) No 1275/2013:就砷、镉、铅、亚硝酸盐、挥发性芥子油和有害植物杂质的最大限量，修订欧盟议会和理事会指令2002/32/EC附录I

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备注：指令2002/32/EC规定禁止使用不良物质含量超过2002/32/EC附录I规定的最大限量的动物饲料产品。某些特殊营养用途辅助饲料（含高浓度微量元素）长期供给配方中的砷、镉或铅含量，不可避免地会超过为辅助饲料建立的重金属最大限量。但是，长期供给配方中高于最大限量的这些重金属对动物或公众健康或环境并不构成风险，因为，动物因食用这些特定的长期供给配方所致重金属暴露远低于其它含有微量元素的辅助饲料的情况。因此，为含有高含量微量元素的长期供给配方建立更高的重金属最大限量是合适的。目前甜菜和甘蔗、淀粉生产产品及副产品暂无对亚硝酸盐最大限量规定。鉴于科学技术知识的发展，该规定也应适用于含酒精饮料生产产品及副产品。同样，鉴于科学技术知识的发展，为亚麻芥及衍生产品制定与菜籽饼相一致的芥子油最大限量是合适的。因为芸苔属植物含有较高含量的挥发性芥子油（以异硫氰酸烯丙酯计），已将其归入植物有害杂质。欧洲食品安全局发表关于动物饲料中不良物质硫代葡萄糖甙（异硫氰酸烯丙酯）的相关意见，认为其对动物的副作用通常和饮食中硫代葡萄糖苷总量有关。若对硫代葡萄糖苷总量进行测定，就可检测到来自Brassica juncea ssp.、Brassica nigra和Brassica carinata的产品杂质。因此，删除2002/32/EC中附录I关于有害植物杂质的VI小节中上述种类产品（种子除外）是合适的，且为芸苔属饲料原料制定与菜籽饼相同的芥子油最大限量。综上，对2002/32/EC附录I进行修正。

　　COMMISSION REGULATION (EU) No 1275/2013

　　of 6 December 2013

　　amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, cadmium, lead, nitrites, volatile mustard oil and harmful botanical impurities

　　(Text with EEA relevance)

　　THE EUROPEAN COMMISSION,

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

　　Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1), and in particular Article 8(1) thereof,

　　Whereas:

　　(1)

　　Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I to that Directive is prohibited.

　　(2)

　　Certain long-term supply formulations of complementary feed for particular nutritional purposes with a high concentration of trace elements unavoidably contain amounts of arsenic, cadmium or lead exceeding the maximum levels established for these heavy metals in complementary feed. Higher maximum levels for these heavy metals in long-term supply formulations do not, however, entail a risk for animal or public health or the environment as the exposure of the animals to the heavy metals by making use of these specific long-term supply formulations is significantly lower than in the case of other complementary feeds containing trace elements. Therefore it is appropriate to establish higher maximum levels for those heavy metals for such long-term supply formulations, containing high levels of trace elements.

　　(3)

　　Data have been received indicating that the level of arsenic in the feed additive ferrous carbonate following change of area of production exceeds in certain cases the current maximum level. In order to guarantee the supply of ferrous carbonate on the European market it is appropriate to increase the maximum level of arsenic in ferrous carbonate. This increase does not adversely affect the animal and public health or the environment as the maximum level established for arsenic in complementary feed and complete feed remain unchanged.

　　(4)

　　Recently, a significant difference has been identified by the European Union Reference Laboratory for heavy metals in feed and food (EURL–HM) between the analytical results obtained by the application of different extraction methods currently used for the determination of lead in kaolinitic clay and feed containing kaolinitic clay (2). Before, no significant differences were observed between the levels of heavy metals in mineral feed by the application of different extraction methods (3). The maximum levels of heavy metals in feed relate ‘to an analytical determination of lead, whereby extraction is performed in nitric acid (5 % w/w) for 30 minutes at boiling temperature’. It is therefore appropriate to provide for the use of that method of extraction for the determination of lead in kaolinitic clay.

　　(5)

　　As regards nitrite, for products and by-products from sugar beet and sugarcane and from the starch production no maximum level applies for the time being. In the light of developments in scientific and technical knowledge the same should apply to products and by-products from alcoholic drink production.

　　(6)

　　In the light of developments in scientific and technical knowledge it is appropriate to establish the maximum level for volatile mustard oil in Camelina sativa and derived products to the same level as the maximum level for rapeseed cakes.

　　(7)

　　The Brassica species have been listed under harmful botanical impurities because of their high volatile mustard oil (expressed as allyl isothiocyanates) content. The European Food Safety Authority (EFSA) concluded in its opinion on glucosinolates (allyl isothiocyanates) as undesirable substances in animal feed (4) that adverse effects in animals have been generally correlated to the amount of total glucosinolates in the diet. If the amount of total glucosinolates is measured, impurities caused by the presence of products from Brassica juncea ssp., Brassica nigra and Brassica carinata, would be detected as well. It is therefore appropriate to delete the products, with the exception of the seeds, of these species from Section VI of Annex I on harmful botanical impurities and to establish for feed materials derived from these Brassica species the same maximum level for volatile mustard oil as the maximum level for rapeseed cakes.

　　(8)

　　It is appropriate to use the denomination for feed materials as provided for in Commission Regulation (EU) No 68/2013 of 16 January 2013 on the catalogue of feed materials (5).

　　(9)

　　Directive 2002/32/EC should therefore be amended accordingly.

　　(10)

　　The measures provided for in this Regulation are in accordance with the opinion of Standing Committee on the Food Chain and Animal Health,

　　HAS ADOPTED THIS REGULATION:

　　Article 1

　　Annex I to Directive 2002/32/EC is amended in accordance with the Annex to this Regulation.

　　Article 2

　　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, 6 December 2013.

　　For the Commission

　　The President

　　José Manuel BARROSO

ANNEX

Annex I to Directive 2002/32/EC is amended as follows:

(1)

Row 1 of Section I, Arsenic, is replaced by the following:

Undesirable substance

Products intended for animal feed

Maximum content in mg/kg (ppm) relative to a feed with a moisture content of 12 %

‘1.	Arsenic (1)

Feed materials

with the exception of:

—	meal made from grass, from dried lucerne and from dried clover, and dried sugar beet pulp and dried molasses sugar beet pulp;

—	palm kernel expeller;

4 (2)

—	phosphates and calcareous marine algae;

—	calcium carbonate; calcium and magnesium carbonate (10);

—	magnesium oxide; magnesium carbonate;

—	fish, other aquatic animals and products derived thereof;

25 (2)

—	seaweed meal and feed materials derived from seaweed.

40 (2)

Iron particles used as tracer.

Feed additives belonging to the functional group of compounds of trace elements

with the exception of:

—	cupric sulphate pentahydrate; cupric carbonate; di copper chloride trihydroxide; ferrous carbonate;

—	zinc oxide; manganous oxide; cupric oxide.

100

Complementary feed

with the exception of:

—	mineral feed;

—	complementary feed for pet animals containing fish, other aquatic animals and products derived thereof and/or seaweed meal and feed materials derived from seaweed;

10 (2)

—	long-term supply formulations of feed for particular nutritional purposes with a concentration of trace elements higher than 100 times the established maximum content in complete feed;

Complete feed

with the exception of:

—	complete feed for fish and fur animals;

10 (2)

—	complete feed for pet animals containing fish, other aquatic animals and products derived thereof and/or seaweed meal and feed materials derived from seaweed.

10 (2)’

(2)

Row 2 of Section I, Cadmium, is replaced by the following:

Undesirable substance

Products intended for animal feed

Maximum content in mg/kg (ppm) relative to a feed with a moisture content of 12 %

‘2.

Cadmium

Feed materials of vegetable origin

Feed materials of animal origin

Feed materials of mineral origin

with the exception of:

—	phosphates.

Feed additives belonging to the functional group of compounds of trace elements

with the exception of:

—	cupric oxide, manganous oxide, zinc oxide and manganous sulphate monohydrate.

Feed additives belonging to the functional groups of binders and anti-caking agents

Premixtures (6)

Complementary feed

0,5

with the exception of:

—	mineral feed

– –	containing < 7 % phosphorus (8)

– –	containing ≥ 7 % phosphorus (8)

0,75 per 1 % phosphorus (8), with a maximum of 7,5

—	complementary feed for pet animals

—	long-term supply formulations of feed for particular nutritional purposes with a concentration of trace elements higher than 100 times the established maximum content in complete feed;

Complete feed

0,5

with the exception of:

—	complete feed for cattle (except calves), sheep (except lambs), goats (except kids) and fish;

—	complete feed for pet animals.

2’

(3)

Row 4 of Section I, Lead, is replaced by the following:

Undesirable substance

Products intended for animal feed

Maximum content in mg/kg (ppm) relative to a feed with a moisture content of 12 %

‘4.

Lead (1)

Feed materials

with the exception of:

—	forage (3);

—	phosphates and calcareous marine algae;

—	calcium carbonate; calcium and magnesium carbonate (10);

—

yeasts.

Feed additives belonging to the functional group of compounds of trace elements

100

with the exception of:

—	zinc oxide;

400

—	manganous oxide, ferrous carbonate, cupric carbonate.

200

Feed additives belonging to the functional groups of binders and anti-caking agents

with the exception of:

—	clinoptilolite of volcanic origin; natrolite-phonolite;

Premixtures (6)

200

Complementary feed

with the exception of:

—	mineral feed;

—	long-term supply formulations of feed for particular nutritional purposes with a concentration of trace elements higher than 100 times the established maximum content in complete feed;

Complete feed.

(4)

Row 6 of Section I, Nitrite, is replaced by the following:

Undesirable substance

Products intended for animal feed

Maximum content in mg/kg (ppm) relative to a feed with a moisture content of 12 %

‘6.	Nitrite (5)

Feed materials

with the exception of:

—

fishmeal;

—

silage;

—

—	products and by-products from sugar beet and sugarcane and from starch and alcoholic drink production.

—

Complete feed

with the exception of:

—	complete feed for dogs and cats with a moisture content exceeding 20 %.

—’

(5)

Row 5 of Section III, Volatile mustard oil, is replaced by the following:

Undesirable substance

Products intended for animal feed

Maximum content in mg/kg (ppm) relative to a feed with a moisture content of 12 %

‘5.	Volatile mustard oil (1)

Feed materials

100

with the exception of:

—	Camelina seed and products derived thereof (2), products derived from mustard seed (2), rape seed and products derived thereof.

4 000

Complete feed

150

with the exception of:

—	complete feed for cattle (except calves), sheep (except lambs) and goats (except kids);

1 000

—	complete feed for pigs (except piglets) and poultry.

500

(6)

Section VI: Harmful Botanical Impurities is replaced by the following:

‘SECTION VI: HARMFUL BOTANICAL IMPURITIES

Undesirable substance

Products intended for animal feed

Maximum content in mg/kg (ppm) relative to a feed with a moisture content of 12 %

1.	Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances separately or in combination including

Feed materials and compound feed

3 000

—	Datura sp.

1 000

2.	Crotalaria spp

Feed materials and compound feed

100

3.	Seeds and husks from Ricinus communis L.,Croton tiglium L. and Abrus precatorius L. as well as their processed derivatives (3), separately or in combination

Feed materials and compound feed

10 (4)

4.	Unhusked beech mast – Fagus sylvatica L.

Feed materials and compound feed

Seeds and fruit as well as their processed derivatives may only be present in feed in trace amounts not quantitatively determinable

5.	Purghera – Jatropha curcas L.

Feed materials and compound feed

Seeds and fruit as well as their processed derivatives may only be present in feed in trace amounts not quantitatively determinable

6.	Seeds from Ambrosia spp.

Feed materials

with the exception of

—	Millet (grains of Panicum miliaceum L.) and sorghum (grains of Sorghum bicolor (L) Moench s.l.) not directly fed to animals

200

Compound feed containing unground grains and seeds

Seeds from

—	Indian mustard – Brassica juncea (L.) Czern. and Coss. ssp. integrifolia (West.) Thell.

—	Sareptian mustard – Brassica juncea (L.) Czern. and Coss. ssp. juncea

—	Chinese mustard – Brassica juncea (L.) Czern. and Coss. ssp. juncea var. luteaBatalin

—	Black mustard – Brassica nigra (L.) Koch

—	Ethiopian mustard – Brassica carinata A. Braun

Feed materials and compound feed

Seeds may only be present in feed in trace amounts not quantitatively determinable

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