FEFANA welcomes the evaluation of Reg (EC) 1831/2003 and will provide its full support to ensure a thorough insight. Since its publication, we have acquired wide reaching direct user experience to assess the impacts of the Regulation, its significance and performance not only in terms of how it relates to current needs of society but also how it will correspond to the future.
While the Roadmap provides an extensive summary of purpose and subject of the Evaluation, we would like to emphasise the following relating to parts C, D & E:
(1) Ad (C.1) Topics covered:
a. FEFANA supports the key focus i.e. ascertaining whether the intended objectives of the legislation that were set in the years before 2003 have been achieved. However, we urge the EC to expand the Evaluation to check its fitness against future requirements of the sector and to take into account the feed-relevant regulations that came into force since 2003, which have a direct impact on the achievement of the originally intended objectives of the Regulation.
b. Setting the context the recitals should be amongst the topics covered to assess the coherence of the legal text with relating EU legislation. A non-exhaustive list of items is provided below:
- Whereas (12), (23), (24): Dir.82/471/EEC are now repealed by Reg.(EC) No 767/2009
- Whereas (16): refers to the establishment of a simplified authorisation procedure for those additives already authorised for food
- Whereas (33): Dir.79/373/EEC was in force - repealed by Reg.(EC) No 767/2009
c. The Roadmap sets the focus seemingly on the ‘pure’ authorisation procedure while, from practical experience, the very specific technical requirements would certainly also need to be considered with a holistic review. A selective list of topics and related articles comprises:
i. Trials, Art 3.2
ii. Innovation and new categories/functional groups, Art 6.3
iii. Documents and particulars sent to the Authority, Art 7.3
iv. Assessment procedure; Implementing Reg.; EC guidelines; EFSA techn. guidance, Art 7.3 - 7.6
v. Residues; MRLs, Art 9.7
vi. FA Register, Art 17
vii. CRLs, Art 21
viii. Harmonised implementation, Art 24
d. To fully assess the performance of the Regulation, the Evaluation should consider other legal texts of importance to the feed sector. In this respect, the Evaluation should pay particular attention to identifying and analysing any wanted/unwanted combined effects with other related regulations that might have only become apparent over time. The following regulations should be considered (non-exhaustive list): Reg (EC) 767/2009, Reg (EC) 889/2008, Reg (EC) 1272/2008, Reg (EC) 1107/2009, Reg (EU) 528/2012, Reg (EC) 429/2008, Recom.25/2011, Reg (EU) 2015/327; Reg (EC) 183/2005.
(2) Ad (D.2) Previous evaluations and other reports please consider adding:
• Review of 10 years scientific support to FAs authorisation: https://ec.europa.eu/jrc/en/science-update/review-10-years-scientific-su...
(3) Ad E. Other relevant information/ remarks:
FEFANA would like to point out that through the differentiation of feed additives ‘vs’ feed materials that are both not precisely defined in their respective legislation - which specifically exclude feed materials from feed additives, while allowing for similar intended uses to both - the legislator unintentionally created an unfair market place and market imbalance.
Appreciating the initiative of the EC we also understand the complexity of the task. We would like to stress that although the above points have been added for completeness to determine the ToR we strongly believe that it is time for a complete fitness-check aligning the feed legislation with the principles of the General Food Law.
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