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Imports of animals and their products from
third countries:
Provision
of guarantees equivalent to EU requirements on
residues of veterinary medicines, pesticides
and contaminants.
1. Background
Article 168 of the
Treaty establishing the European Union (EU)
states that a high level of human health
protection shall be ensured in the definition
and implementation of all EU policies
and activities. A comprehensive body of
EU legislation has been put in place to
achieve this objective. All of this legislation
is publicly available and can be accessed via
the European Commission's EurLex website:
http://eur-lex.europa.eu/en/index.htm
With regard to the
safety of food, articles 11 to 13 of
Regulation
178/2002/EC
(Food Law) require
that food and feed imported into the EU
"shall comply with the relevant requirements
of food law or conditions recognised at least
equivalent thereto or, where an agreement
exists between the EU and the exporting
country, with requirements contained
therein".
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2. EU legislation on monitoring of
residues and contaminants in food of animal
origin.
With regard to
residues of veterinary medicines, and some
pesticides (dual use substances and
organophosphates) and contaminants (heavy
metals) in food of animal origin, there is
specific EU legislation in place.
Council
Directive 96/23/EC lays out the requirements
that must be met in relation to the planning
and execution of national residue control plans
for live animals and products of animal origin.
The principal objective of the legislation is
to detect illegal use of substances in animal
production and the misuse of authorised
veterinary medicinal products and to ensure the
implementation of appropriate actions to
minimise recurrence of all such residues in
food of animal origin.
Under this
legislation Member States are required to
submit national residue control plans for
approval by the European Commission on an
annual basis.
With regard to
consignments of food of animal origin imported
into the European Union from third countries,
samples of these consignments are liable to be
taken by the Member States Competent
Authorities at Border Inspection Posts (point
of entry into the EU) and tested for residues.
The conditions of such sampling and testing are
described in
Commission
Regulation (EC) No 136/2004.
Consignments of food which contain
residues in excess of EU Maximum Residue
Limits - MRLs - (for veterinary medicines),
Maximum Residue Levels - MRLs - (for
pesticides) and Maximum Limits - MLs - (for
contaminants e.g. heavy metals, dioxins etc),
or contain residues of substances which do not
have an EU MRL or ML may not be legally
placed on the EU market and will be rejected.
If a particular residue problem is identified,
the EU or individual Member States may reinforce checks at the
point of import (see Article 24 of Directive
97/78/EC). All reasonable efforts are made to
avoid trade disruption. However, in certain
cases where there is an evident structural
problem in complying with requirements, the
European Commission has imposed import bans,
pending satisfactory resolution of the problem
in the affected third country.
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3. Residue monitoring: requirements sought from third countries wishing to export food to the EU.
Residue monitoring requirements for third countries wishing to export food of animal origin to the EU are outlined in
Articles 29 and 30 of Council Directive 96/23/EC. Article 29 (1) of the Directive states that a third country must submit a plan setting out the
guarantees which it offers as regards the monitoring of the groups of residues and substances referred to in Annex I to Council Directive 96/23/EC.
The guarantees must have an effect at least equivalent to those provided for in the Directive for Member States. The guarantees provided by third
countries must, (a) meet the requirements of Article 4 and specify the particulars laid down in Article 7 of this Directive, and (b) meet the
requirements of Article 11 (2) of
Directive 96/22/EC as amended by
Directive 2003/74/EC and
Directive 2008/97/EC.
A consolidated version of both Directives is available.
The key points are:
- Article 4 of Council Directive 96/23/EC specifies inter alia that there must be a centrally co-ordinated residue monitoring plan in place;
- Article 7 (indent 1) of Council Directive 96/23/EC requires a description of the legislation governing the authorisation, distribution and use of veterinary medicinal products;
- Article 7 (indent 6) of Council Directive 96/23/EC states that the number of samples taken should be in accordance with the sampling levels and frequencies laid down in Annex IV to that Directive;
- Article 11 (2) of Council Directive 96/22/EC prohibits Member States from importing from third countries, animals (and/or products derived therefrom) to which stilbenes, thyrostats and estradiol
have been administered under any circumstances, or animals (and/or products derived therefrom) to which certain steroid hormones and beta-agonists have been administered for growth promotion purposes.
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This latter
point is particularly important - if a
third country authorises the use of
hormones and beta-agonists for growth
promotion, their residues control plan
can only be approved if there is a
'split system' in place, which
guarantees that animals (products from
which are destined for export to the
EU) have not been treated at any time
during their rearing.
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4. The evaluation and approval of residue
monitoring plans from third countries:
Third countries may
only be approved for exporting certain food
commodities to the EU on submission of a
residues monitoring plan, covering each of
these food commodities, which has been
favourably evaluated by the European Commission
services. Plans which are favourably evaluated
by the European Commission are
de facto deemed to offer guarantees
equivalent to those provided for by Council
Directive 96/23/EC for domestic production. The
information from the evaluation is the basis
for the formal approval of the plans by means
of a Commission Decision. The information is published in Commission Decision 2011/163/EU . Third countries listed in
this Commission Decision are eligible to export
those commodities for which they are listed to
the EU, subject to animal and public health
conditions.
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It must be
emphasised that an approved residue
plan is only one of the prerequisites
for export to the EU - relevant
EU animal and public health
conditions must also be satisfied and
guidance on this aspect is given on
this website at:
http://ec.europa.eu/food/international/trade/index_en.htm
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4.1. Timetable for submission of
plans and results.
Third countries are
required to submit their residue control plans
and results of the previous years exercise to
the European Commission by the 31 March each
year. The contact details are:
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The Director,
Food and Veterinary Office,
Health and Consumer Protection
Directorate General,
European Commission,
Grange, Dunsany, Co Meath,
IRELAND
Tel: 00353 46 9061833
Fax: 00353 46 9061703
E-mail:
SANCO-TCRESIDUEPLANS@ec.europa.eu
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4.2. The evaluation process
The aim of the
evaluation is to assess whether the third
country regulatory systems described for the
control of residues, authorisation of
veterinary medicinal products etc and the plan,
offer guarantees which are at least equivalent
to those provided for by EU legislation.
Sections 5 and 6 of this document explain the
features and information which the European
Commission services require in order to make
such an evaluation. The evaluation exercise
recurs annually.
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It should be
noted that a favourable evaluation is
based on the guarantees received on
paper. If a subsequent inspection
carried out by the FVO, to assess the
implementation of residues and
veterinary medicines controls,
demonstrates that the paper guarantees
can not be relied upon, the status of
the third country on the list could be
revised.
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5. Key elements required in a residue
control plan
5.1. The initial plan submitted by a
third country must include:
- information on the structure of the
competent authority (central public body)
responsible for drawing up the residues
control plan and co-ordinating the activities
of all subordinate departments playing a role
in execution of the plan. The structure and
resources of the subordinate bodies needs to
be included;
- a description of the legislative
framework covering, for example, rules on the
use of veterinary medicines and pesticides
(organophosphorus compounds and dual use
substances), authorisation (and/or
prohibition) procedures etc. In particular
information on the
authorisation/use/prohibition of hormones and
beta-agonists for growth promotion and, if
authorised, details of particular EU export
programmes ('split systems') such as specific
programme requirements, advance approval and
certification procedures, record keeping
requirements, identification systems to
distinguish the animals produced under this
programme and their food products derived
thereof from animals / food produced under
the national or other programmes;
- a list of approved laboratories for
residues controls and the accreditation
status of these laboratories;
- rules covering the collection of official
samples;
- details on measures to be taken in the
event of an infringement;
5.2. Subsequent residue control
plans
Third countries are
not required to send a detailed description of
their regulatory systems every year. Only
relevant updates or changes to the system need
to be communicated to the European Commission.
For a third country with a well established
regulatory system, details of which were sent
with the initial plan, subsequent communication
with the European Commission would normally
include:
- the (prospective) residue control
plan;
- the results and of the previous year's
residue control plan, details on its
implementation (i.e. numbers of samples taken
compared to the number planned) and the
measures taken in the event of non-compliant
('positive') results - this gives the
European Commission some indication of how
the plan has been implemented and allows the
competent authority performance to be
evaluated.
However, third
countries are welcome to submit all background
data (e.g. on the structure of the competent
authority, authorisation process for veterinary
medicines etc) if they so wish on an annual
basis.
5.3 Importation of horses into the EU and residue requirements.
Under
EU
law there are essentially three categories of equidae which are:
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equidae for slaughter are defined in Council Directive 90/426/EC as "equidae intended to be transported either directly or after transit through a market or an approved marshalling centre to the slaughterhouse for slaughter".
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registered equidae are equidae identified by means of an identification document issued by the breeding authority or any other competent authority of the country where the animal originated, which manages the studbook or register for that breed of animal or, any international association or organisation which manages horses for competition or racing;
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equidae for breeding and production. These are all other equidae except those equidae intended for slaughter according to Council Directive 90/426/EC.
5.3.1. Residue import requirements for equidae
The ultimate goal of residue-related import requirements is to protect consumers form harmful substances in food. Food obtained from equidae should be safe whether imported (as meat) or whether it is derived from equidae imported and slaughtered in the EU.
5.3.1.1. Situation in the EU
In the EU, all equidae have to be accompanied by an identification document (passport) during their movements
Commission Regulation (EC) No 504/2008.
This provision has amongst others been introduced for the protection of consumers against harmful residues in food obtained from equidae treated with pharmacologically active substances.
There is a new Regulation of the European Parliament and of the Council laying down EU procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin
(Regulation (EC) No 470/2009 ).
Under this Regulation substances for which a full EU evaluation has been possible are listed in Table 1 in the Annex to
Commission Regulation (EU) No 37/2010 .
In the EU, equidae may be treated with such substances and, provided that appropriate medicine withdrawal periods are met prior to slaughter, the meat from
such animals may enter the food chain. Such treatments must be recorded in a medicines record kept on the farm as required by Article 10 of
Council Directive 96/23/EC
and Annex I, Part A, III, point 8(b) to
Regulation (EC) No 852/2004 .
A full EU evaluation has not been possible for certain substances deemed essential for the treatment of equidae. These are listed in
Commission Regulation (EC) No 1950/2006
but as they have not been fully assessed are therefore excluded from Table 1 in the Annex to
Commission Regulation (EU) No 37/2010 .
In the EU treatments of equidae with such substances is possible provided that it is documented in the equine passport and that a default withdrawal period of six months is observed.
It should be noted that some medicines commonly used in horses world-wide such as phenylbutazone are neither listed in
Commission Regulation (EC) No 1950/2006
or in Table 1 in the Annex to
Commission Regulation (EU) No 37/2010 .
Any horse in the EU treated with phenylbutazone must be excluded from the food chain and be signed out of the food chain in the equine passport.
In the EU horses which are intended for food production may not be treated with substances for which it has not been possible to establish an MRL.
Such substances which include chloramphenicol, nitrofurans and nitroimidazoles are listed in Table 2 in the Annex to
Commission Regulation (EU) No 37/2010 .
If horses have been treated with any of these substances, the animals must be signed out of the food chain and this exclusion has to be documented in the equine passport which accompanies the animal to the slaughterhouse.
Furthermore in the EU horses intended for food production may neither be treated with hormonal steroids for growth promotion purposes nor with certain anabolic or
gestagenic steroids for therapeutic and/or zootechnical purposes as specified in
Council Directive 96/22/EC .
5.3.1.2. Requirements for third countries
Third countries which are exporting meat derived from equidae are obliged to implement a residue control plan which satisfies the requirements of Council Directive 96/23/EC. For equidae caught in the wild, the provisions as laid down for wild land mammals apply. These provisions foresee the submission of an annual residue monitoring plan which is restricted to the analysis of environmental contaminants (e.g. heavy metals). Countries so approved will be listed in the Annex to Commission Decision 2004/432/EC under the column entitled "Equine".
Live equidae exported to the EU for food production (i.e. slaughter) can only be permitted from a third country which has implemented a residue plan giving guarantees equivalent to those required by Council Directive 96/23/EC. Countries so approved will also be listed in the Annex to Commission Decision 2004/432/EC under the column entitled "Equine" with a supplementary footnote "Exports of live equidae for slaughter (food producing animals only)".
If equidae in third countries have been treated with either:
(a) substances listed in Table 2 in the Annex to
Commission Regulation (EU) No 37/2010
(e.g. chloramphenicol, nitrofurans or nitroimidazoles etc) or;
(b) hormonal steroids for growth promotion purposes or;
(c) certain anabolic or gestagenic steroids for therapeutic and/or zootechnical purposes as specified in
Council Directive 96/22/EC ;
these animals may not be exported for direct slaughter in the EU and meat from these animals is not eligible for export to the EU and should be entirely excluded from the food chain.
Taking into consideration that in most cases horses are not specifically reared as food producing animals and usually end up in the food chain at the end of their productive lives, special attention needs to be given to the requirements of Council Directives 96/23/EC and 96/22/EC which should guarantee that the horses slaughtered are safe for human consumption. Notwithstanding third countries' existing obligations to implement a residue monitoring plan and submit this on an annual basis to the Commission services for approval, third countries are expected to implement the following measures for those equidae, meat from which is intended to be exported to the EU:
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Equine animals intended for food production should be identified and a system of identity verification should be established.
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In third countries where anabolic steroids are marketed for fattening purposes, there should either be a prohibition on the administration of anabolic steroids for growth promotion purposes to all equidae or there should be a separate system for equidae which may be slaughtered for export of equine meat to the EU. This would require that equidae intended for meat production for the EU would be identified and segregated from those equidae treated with anabolic steroids.
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Treatment records. The purpose of recording treatments of animals with veterinary medicinal products is to ensure that animals are not slaughtered within the withdrawal period of the medicine in question, thus providing guarantees that the EU Maximum Residue Limit (MRL) for the particular pharmacologically active substance is respected. In the EU stock farmers are required to keep medicines records. On that basis it is expected that treatments with veterinary medicinal products should be recorded on a document linked to and accompanying the identified animal when moving from one premise to another or to the slaughterhouse (food chain information).
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At the time of moving the animal to the slaughterhouse, the competent authority of the third country should be able to guarantee that the required withdrawal periods for veterinary medicinal products administered to the animal and recorded in the food chain information have been respected.
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The third-country exporting equine meat should set up a risk based programme for controls on the use of veterinary medicinal products and substances prohibited for use in the EU. The control programme should include regular inspections on holdings, collection centres and at slaughterhouses.
In order for the Commission services to be able to assess the implementation of these measures, third countries intending to export equine meat to the EU
must submit an action plan to the FVO in conjunction with the residue control programme.
Annual updates on these action plans should be submitted along side the residue control plans and results of monitoring.
This action plan should describe how the minimum set of measures referred to above will be implemented and the timelines for so doing. All of these measures should be in place by 31 July 2010. At that time, only horses with a known medicinal treatment history, and which on the basis of medicinal treatment records can be shown to have satisfied the appropriate veterinary medicine withdrawal periods, should be allowed to be slaughtered for export to the EU. Where appropriate, the implementation of these action plans may be inspected on the spot by the FVO.
In 2010 the EU will reconsider the abovementioned measures and, if appropriate, make the necessary amendments in order to continue ensuring that food safety standards applied in exporting third countries give guarantees equivalent to those foreseen by EU legislation.
Situation regarding 'Registered' equidae
Imports of registered equidae or equidae for breeding and production, under the conditions of
Decision 93/197/EEC and
for which the customs procedures have been completed cannot be slaughtered in the EU for food production before they have received an EU-conforming passport.
Registered equidae temporarily admitted into the EU according to
Decision 92/260/EEC cannot be slaughtered for food production in the EU.
The table below summarises the legal position for each type of importation of equidae.
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Importing Legislation
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Description
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Need for a residue plan in the exporting third country
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Can these animals be slaughtered in the EU
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Council Directive 90/426/EEC
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Import for slaughter
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Yes
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Yes - immediate
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Commission Decision 93/197/EEC
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Import of registered equidae or equidae for breeding and production
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No
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Yes, but only on condition that an EU passport has been issued and possibly only after a defined period.
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Commission Decision 92/260/EEC
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Temporary admission
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No
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No
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5.4. Exemption for third countries exporting casings only
Natural casings are membranous cases made of animal intestine which are used to contain sausage or other processed meat. Third countries exporting casings (but no other meat products from that species) to the EU may export these casings without the need for submitting a specific residue control plan for casings to the Commission services. In the latest revision to Commission Decision 2004/432/EC (Commission Decision 2007/115/EC) there is no longer any specific list of third countries authorised to export casings only to the EU i.e. the footnote "approved for import of animal casings", no longer exists.
For completeness, it is reiterated that intestines of bovine animals (cattle) of all ages and the ileum of ovine (sheep) and caprine animals (goats) of all ages are considered a ‘specified risk material as regards the transmission of BSE (Bovine Spongiform Encephalopathy). Therefore exports of natural casings derived from cattle, sheep and goats to the EU are only authorised from those third countries where the BSE risk is highly unlikely. These ‘low risk’ countries are listed under point 15 (b) of Annex XI to Regulation (EC) No 999/2001. Legislation on Regulation (EC) No 999.2001 (TSE - consolidated)
For those third countries which are seeking to export both casings and meat or other animal products, a residue monitoring plan must be in place for the relevant species.
5.5. Residues in honey
Honey is defined in Council Directive 2001/110/EC. In contrast to many food commodities, there are relatively few EU Maximum Residue Limits
(MRLs) established for residues of pharmacologically active substances in honey (e.g. tau-fluvalinate and amitraz). In particular antimicrobial/antibiotic
drugs are not authorised for the treatment of honey bees in the EU because there are no EU MRLs. However, it is certainly the cas
e that antimicrobial drugs are authorised for the treatment of honey bees in many third countries.
This situation may potentially raise some problems with imports of honey into the EU. In the absence of EU MRLs,
the presence of any detectable residues in honey imported into the EU would mean that those consignments can not legally be placed
on the market in the EU. Therefore it is important that analytical methods used in third countries' residue control plans are as
sensitive and reliable as possible in order to provide assurances that honey exported from third countries to the EU will comply with EU rules.
EU rules on setting of MRLs for pharmacologically active substances have been updated by Regulation (EC) No 470/2009.
This legislation has, for the first time, introduced a mechanism for the extrapolation of MRLs from one species/food commodity to another.
In addition the legislation elaborates the principles by which the European Commission can establish so-called "Reference Points for Action"
(RPAs) for residues of pharmacologically active substances for which MRLs have not been (nor can not be) established. It is important to stress that RPAs
are NOT MRLs. RPAs are residue concentrations which are technically feasible to detect by food control laboratories. In the event that the RPA is
exceeded, the Member State is obliged to reject the consignment as it can not be legally placed on the EU market (see Article 23 of Regulation (EC) No 470/2009).
If a food control laboratory in an EU Member State unequivocally confirms and quantifies the presence
of a substance at a concentration below the RPA (where an RPA has been established) in an imported consignment
(i.e. the decision limit CCα as defined in Article 6 of Commission Decision 2002/657/EC has been exceeded), the Member
State competent authority is obliged to permit the consignment to be placed on the market, however, it is also obliged to
follow certain administrative procedures including, in some circumstances, informing the Commission services.
The RPA concept is not new – it has been described in Commission Decision 2005/34/EC and to date
RPAs have been established in honey for substances such as chloramphenicol and nitrofurans. It is
important to stress that in the absence of either MRLs or RPAs for many residues of pharmacologically
active substances in honey, the finding of any confirmed residue concentration in honey shall result in the rejection of the consignment.
5.6. Structure of the residue control
plan
In order to clarify
precisely what the European Commission expects
third countries to include in their residue
control plans, and to facilitate harmonisation
of the format in which such plans should be
submitted, a number of documents and pro-forma
tables are appended which may be used for
constructing the plan. These are described in
more detail in section 6.
5.6.1. Coverage of the plan - what
commodities have to be included:
Only those
commodities which are currently being exported
to the EU (or which the third country wishes to
export to the EU) need to be included in the
plan.
5.6.2. Sampling levels and
frequencies
Sampling levels and
frequencies are laid down in Council Directive
96/23/EC and
Commission
Decision 97/747/EC. They are based on annual
national production figures. Every EU Member
State is obliged to observe these sampling
levels and the relevant information is included
in this file:
Sampling
levels and frequencies
For third countries,
the number of samples to be taken depends on
the structure of the relevant industry. For
example in the case of those third countries
where animals and products from any farm are
eligible to be exported to the EU, the
proportion of animals sampled should be taken
relative to the annual national production
figures i.e. in line with the sampling levels
and frequencies used by the Member States.
Briefly, the sampling requirements are as
follows:
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Species
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Commodity
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Frequency
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Bovine
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Meat
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0.4 % of the animals slaughtered the
previous year
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Bovine / Ovine / Caprine
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Milk
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One per 15000 tonnes of annual
production - minimum 300 samples
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Porcine
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Meat
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0.05 % of the animals slaughtered
the previous year
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Caprine, ovine
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Meat
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0.05 % of the animals slaughtered
the previous year
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Equine
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Meat
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No frequency or minimum number of
samples established
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Poultry
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Meat
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One per 200 tonnes of annual
production (deadweight)
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Eggs
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One per 1000 tonnes of annual
production for human consumption -
minimum 200 samples
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Rabbit
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Meat
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10 per 300 tonnes of annual
production (deadweight) for the first
3000 tonnes + 1 sample for every 300
tonnes thereafter
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Farmed & wild game
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Meat
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At least 100 samples
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Farmed fin fish
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Meat
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One per 100 tonnes of annual
production (deadweight)
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Bees
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Honey
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10 per 300 tonnes of annual
production for human consumption for
the first 3000 tonnes + 1 sample for
every 300 tonnes thereafter
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However, for those
countries where only a defined population of
animals are eligible for export to the EU, and
where there is a system in place guaranteeing
that only those animals from those farms are
eligible for export, it is permissible that the
proportion of animals sampled is relative to
that defined population rather than the
national population. Each sample can be
analysed for detecting the presence of one or
more substances within a substance group. The
use of multi-residue analytical methods is to
be encouraged.
5.6.3. Selection of residues to be
included in the residue control plan.
Council Directive
96/23/EC, requires that third countries must be
able to provide guarantees on the residue
status of exported product with respect to all
of the specified substance groups listed in
Annex I to that Directive. The substance groups
are classified in two main categories - Group A
and Group B. Group A contains most of the
substances which are prohibited from use in
food producing animals in the EU and the Group
is subdivided into 6 subgroups (A1-A6). Group B
contains residues of many pharmacologically
active substances which may be authorised for
use in food producing animals in the EU (i.e.
are listed in Annex I to III to Council
Regulation (EEC) No 2377/90). It also comprises
organochlorine and organophosphate pesticides
and also chemical elements such as lead,
cadmium and mercury.
Annex II to Council
Directive 96/23/EC lists for each commodity
(e.g. bovine animals, milk, eggs etc) which
Group A and Group B subgroups must be monitored
for in the respective commodities. Although
Member States are obliged to follow these
rules, there is some flexibility in the case of
third countries.
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Those
substance groups classified in Group A
are of greatest concern to the EU as their use is either
entirely prohibited or firmly
restricted are. Consequently, third
countries are advised that, in respect
of compounds in Group A1, A2, A3, A4,
A5 and A6, these must be monitored for
in the relevant commodities. The
absence of testing could result in the
residue plan not being approved and the
third country would therefore be
ineligible to export those
commodities.
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In respect of the
Group B substances, third countries should test
for those substances which are likely to be
used in their livestock production systems.
They should justify their choice of substances
tested with a documented risk-based approach.
If there are substance-sub-groups listed in
Group B which are
not tested for in their plans, such
omissions would have to be justified and
supported by appropriate documentary evidence
submitted with the plan. Such evidence could
consist of one or more of the following:
- a register of authorised medicines (and
chemical class) for use in each species of
food producing animal;
- historical residue monitoring data
justifying any decisions not to include
specific substance groups in the monitoring
plan etc;
- toxicological data or preferably an
assessment of the chemical risk of individual
compounds, the use patterns of these
compounds in each of the (export) livestock
sectors, the likelihood of potentially
harmful residues occurring and the relative
risk of consumers being exposed to such
residues.
Those third countries
electing to implement in their national
provisions measures fully equivalent to Council
Directive 96/23/EC in full (as all EU Member
States are obliged to do) would not be obliged
to provide information on (2) and (3) above.
Third countries following the residue
monitoring approach advocated by the Codex
Alimentarius /download/standards/11252/CXG_071e.pdf
would have to justify (on the basis of risk)
the absence of monitoring of any Group B
substances which are listed in Council
Directive 96/23/EC.
Table 2
lists the substance groups
that should be monitored for each animal
species or product. Substances or groups of
substances which are of particular concern for
the EU and for which monitoring is
therefore expected, are detailed and
highlighted by means of the letter "E"
(essential) in the corresponding cell. The same
is done for substances which are frequently
detected in the different commodities and
therefore should be included in the programme.
Other substances or groups of substances to be
tested in the different commodities are
highlighted by means of the letters "HD"
(highly desirable). Decisions to
omit HD substances/substance groups
from the plan should be justified and supported
by appropriate documentary evidence. The list
of individual substances in this table is not
exhaustive. If on the basis of a risk
assessment, third countries wish to test for
additional substances, they are encouraged to
so.
5.6.4. Maximum Residue Limits and
'action levels' in food of animal
origin.
Regulation (EC) No 470/2009
of the European Parliament and of the Council lays down Maximum Residue Limits (MRLs) for residues of pharmacologically active substances in food of animal origin.
A complete list of pharmacologically active substances and their MRLs is available in the Annex to
Commission Regulation (EU) No 37/2010 .
EU Maximum Residue Levels have been established for a wide range of pesticides by
Regulation (EC) No 396/2005.
These are laid down in various Commission Regulations and may be accessed via the Commission’s on-line database of pesticides accessible here.
Maximum Levels for certain environmental contaminants are laid down in
Commission Regulation (EC) 1881/2006.
In the case of coccidiostats and histomonostats, some of these are 'dual-use' substances i.e. have been authorised either as veterinary medicinal products and/or as feed additives. A Community Register of Feed Additives has been established and the coccidiostats and histomonostats so authorised include decoquinate, robenidine, halofuginone, diclazuril and the ionophores monensin, salinomycin, maduramycin, semduramycin, lasalocid, narasin and narasin combined with nicarbazin.
When an MRL for the substance concerned has already been established for that substance when used in a veterinary medicinal product, that MRL shall also apply to residues originating from the use of the same substance as a feed additive. Consequently the MRLs established for decoquinate, halofuginone, lasalocid and monensin as veterinary medicinal products under Regulation (EC) No 470/2009 and listed in the Annex to Commission Regulation (EU) No 37/2010 apply if those substances are used as feed additives in the species for which the MRL has already been set.
For those coccidiostats and histomonostats which are not authorised for use as veterinary medicinal products, but only as feed additives, MRLs have been established for individual formulations of each of these feed additives. For example, in the case of monensin, Coxidin (a formulation of monensin sodium authorised as a feed additive for chicken and turkeys), MRLs have been set in chicken and turkey tissues by Commission Regulation (EC) No 156/2008 .
It has also been recognised that unavoidable cross contamination of animal feedingstuffs can occur with these additives (i.e. trace quantities can end up in feed intended for other species) and give rise to residues in food derived from those animals. Commission Regulation (EC) No 124/2009 lays down maximum levels for the presence of coccidiostats or histomonostats in food derived from these so-called 'non-target' species which have resulted from the unavoidable carry-over of these substances into animal feedingstuffs.
For several
substances which have been expressly prohibited
from use in food producing animals in the EU
(e.g. chloramphenicol, nitrofurans), or not
authorised (e.g. malachite green), the concept
of the minimum required performance limit
(MRPL) has been established in
Commission
Decision 2002/657/EC.
MRPLs are defined as
"minimum content of an analyte in a sample,
which at least has to be detected and
confirmed" and are the reference point for
action in relation to the evaluation of
consignments of food (
Commission
Decision 2005/34/EC
). To date MRPLs have been
established for the following substances:
|
Substance and/or
metabolite
|
Matrices
|
MRPL
|
Reference
|
|
Chloramphenicol
|
Meat, Eggs, Milk, Urine, Honey
Aquaculture products
|
0,3 µg/kg
|
Commission
Decision 2003/181/EC
|
|
Medroxyprogesterone acetate
|
Pig kidney fat
|
1 µg/kg
|
|
Nitrofuran metabolites*:
- furazolidone
- furaltadone
- nitrofurantoin
- nitrofurazone
|
Poultry meat for all
Aquaculture products
|
1 µg/kg
|
|
Sum of malachite green and
leucomalachite green
|
Meat of aquaculture products
|
2 µg/kg
|
Commission Decision
2004/25/EC
|
With regard to each
of these EU limits/levels, Member States
are required to ensure that they have validated
laboratory analytical methods in place which
are capable of meeting these thresholds.
|
In the
context of providing guarantees on the
residue status of commodities exported
to the EU, third countries should also
be able to demonstrate that the
analytical methods used in their
national residue control plans are
validated and can meet these
levels/limits.
|
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6. General instructions and pro
formas for submission plans and
results.
The following
instructions and pro forma tables provide for
all of the necessary information which the
European Commission needs in order to evaluate
whether the third country residue control plan
can offer guarantees equivalent to those
provided for by EU legislation.
All of the elements
and information which the European EU
expects from a third country submitting a
residues control plan are summarised in
Table 1
(Updated
20-03-2008)
which is laid out as a form
for completion by the Competent Authority. The
table is divided into four main sections - the
competent authority, the residue control plan,
the laboratory network and the authorisation
and control of veterinary medicines. In each of
these sections more detailed information is
required.
Table 2
(Updated
11/10/2006) summarises all of the
substances or groups of substances that should
be monitored for each animal species or
product.
The sampling levels
and frequencies are described for each
commodity in:
Sampling
levels and frequencies
.
The
Plan Template
(Updated
06/10/2009) can be used to enter the
production data for each commodity. The minimum
numbers of samples required under EU
rules are automatically updated. Details of the
analytes, materials to be tested, screening and
confirmatory analytical methods etc can be
entered. An An example of a completed specimen plan for aquaculture products (finfish and shrimp) is included for information for aquaculture products
(finfish) is included for information.
The list of substances used by all of
the Member States
Substances
is included for reference.
This indicates the Group (relative to Annex I
to Council Directive 96/23/EC) and the Chemical
Abstracts Service (CAS) number for the
compounds.
Finally the
Tables of results
(Updated
22/02/2007)
for each commodity have been
prepared in order to facilitate the uniform
presentation of results of residue monitoring
for all third countries. A distinct table can
be filled in for each commodity.
|