Commission Implementing Regulation (EU) 2024/771 of 29 February 2024 amending Regulation (EC) No 152/2009 laying down the methods of sampling and analysis for the official control of feed

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (1), and in particular Article 34(6) thereof,

Whereas:

(1) Commission Regulation (EC) No 152/2009 (2) lays down methods of sampling and analysis for the official control of feed.

(2) Methods of sampling and analysis established by Regulation (EC) No 152/2009 should be adapted in the light of developments in scientific and technological knowledge. Several minor changes should be introduced by this Regulation taking into account experience by applying the method of analysis or to provide clarification to certain provisions.

(3) The method of sampling described in Regulation (EC) No 152/2009 is not appropriate for the sampling for the control of microbiological contamination and is therefore excluded from the scope. However, as it was following the amendment by Commission Regulation (EU) No 691/2013 (3) no longer explicitly excluded from the scope, this has lead to some confusion and it is therefore appropriate to explicitly exclude again it from the scope.

(4) It is appropriate to introduce specific provisions for the sampling of feed offered for sale by feed business operators by means of distance communication, given that the sale of feed by means of distance communication is increasing. In addition to the provisions on analytical measurement uncertainty and recovery in case of analysis of undesirable substances, such provisions should also be introduced for the analysis of the content of feed additives given that those provisions are also relevant in that case. In view of evidence that the application of the method of analysis for the determination of urea outside the scope of authorisation of urea as feed additive generates incorrect analytical results, the scope of that method should be specified and information on the evaluation of the method and results of a collaborative study should be added.

(5) Several methods of analysis established by Regulation (EC) No 152/2009 should be deleted as they are no longer valid for their intended purpose. The method of analysis for the determination of volatile nitrogenous bases and the method for the determination of carbonates, should be deleted because there is no legal requirement to control for compliance in the Union feed legislation anymore. The existing method of analysis for the determination of diclazuril contains editorial errors and by consequence does not provide reliable analytical results. It should therefore be replaced by an adjusted method that has demonstrated to provide reliable results. New methods of analysis for the analysis of free and total gossypol provided evidence that the method of analysis for the determination of free and total gossypol established by Regulation (EC) No 152/2009 does not provide reliable results and should therefore be deleted and replaced by a reference to European standards (EN standards). The methods of analysis to control illegal presence of additives that are no longer authorised in feed should be deleted as more sensitive screening approaches and methods of analysis have been developed since.

(6) In addition to the methods of analysis described in the Annexes to this Regulation, a reference to EN standards should be made for use in official control.

(7) As Commission Implementing Regulation (EU) 2021/2047 (4) has authorised the new feed additive amprolium has been authorised by, a method of analysis for the determination of amprolium should be added in Annex IV to Regulation (EC) No 152/2009.

(8) Since the modifications to Regulation (EC) No 152/2009 are substantial and relate to multiple provisions in the Annexes thereof, it is appropriate, for reasons of clarity, to replace those Annexes in their entirety.

(9) 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

Amendments to Regulation (EC) No 152/2009

Regulation (EC) No 152/2009 is amended as follows:

(1) the first paragraph of Article 1 is replaced by the following: ‘Sampling for the official control of feed, in particular as regards the determination of constituents, including material which contains or consists of or is produced from genetically modified organisms (GMOs), feed additives as defined by Regulation (EC) No 1831/2003 of the European Parliament and of the Council(1), undesirable substances as defined by Directive 2002/32/EC of the European Parliament and of the Council(2) shall be carried out in accordance with the methods set out in Annex I, with the exception of sampling for the control of microbiological contamination. (1)  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)." (2)  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).’;"

(2) Annex I is replaced by the text set out in Annex I to this Regulation;

(3) Annex II is replaced by the text set out in Annex II to this Regulation;

(4) Annex III is replaced by the text set out in Annex III to this Regulation;

(5) Annex IV is replaced by the text set out in Annex IV to this Regulation;

(6) Annex V is replaced by the text set out in Annex V to this Regulation;

(7) Annex VII is replaced by the text set out in Annex VI to this Regulation;

(8) Annex VIII is deleted.

Article 2

Entry into force

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, 29 February 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 95, 7.4.2017, p. 1.

(2) Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1).

(3) Commission Regulation (EU) No 691/2013 of 19 July 2013 amending Regulation (EC) No 152/2009 as regards methods of sampling and analysis (OJ L 197, 20.7.2013, p. 1).

(4) Commission Implementing Regulation (EU) 2021/2047 of 23 November 2021 concerning the authorisation of amprolium hydrochloride (COXAM) as a feed additive for chickens for fattening and chickens reared for laying (holder of authorisation: HuvePharma NV) (OJ L 418, 24.11.2021, p. 13).