Information Paper

Review of EU Animal By-Products Regulation 1774/2002/EC (ABPR)Presentation by Neil Leach (Defra)

ACAF/09/16

ADVISORY COMMITTEE ON ANIMAL ADVISORY COMMITTEE ON ANIMAL FEEDINGSTUFFS FEEDINGSTUFFS

48th Meeting of ACAF on 3 December 48th Meeting of ACAF on 3 December 20092009

November 2009

Review of EU Animal By-Products Review of EU Animal By-Products Regulation 1774/2002/EC (ABPR)Regulation 1774/2002/EC (ABPR)

Background

• Recognise ABPR has the reputation for being over burdensome and imposing unnecessary controls.

• Negotiated in 2001-2 against background of rising BSE incidence in continental Europe and UK Foot and Mouth Disease outbreak where breakdown in ABP controls implicated

• Focus therefore on putting in place tight controls ensuring risk of future disease problems minimized.

Background

•However, recognising this the European Commission inserted a clause in the ABPR (Article 35) to provide for a review of its operation in the light of experience

• Review began in 2005 .

Commission’s objectives for amending ABPR

• The Commission’s report on its review carried out at end of 2005 identified three areas for change and which UK supported:• the scope of the Regulation (i.e. the point at which

the controls should cease to apply); • how to deal with very low risk products which are

used for low risk purposes; and • the relationship with other legislation (e.g. TSE,

food hygiene and waste legislation).

Progress with proposal and next steps

• Since 2006 there has been extensive consultation at UK and EU level on Commission proposal to amend the Regulation in line with stated objectives.

• Separated into a Council and Parliament regulation and a Commission regulation (equivalent to the articles and annexes of Regulation (EC) 1774/2002 respectively).

Progress with proposal and next steps

• Proved to be a fair degree of consensus and constructive discussion which has resulted in agreement on the Council and Parliament regulation Due to be published in OJ on 14 November.

• This new regulation will come into effect in early 2011 giving time to agree the Commission regulation (the detailed implementing rules) and redraft our domestic enforcing legislation.

New Commission Regulation

• Still under negotiation. 15 months provided to put in place

• Layout and order follow the Council and Parliament Regulation

• Defra informal consultation on Commission Regulation completed

Domestic Enforcing Legislation

• Have same 15 month period to put in place domestic legislation

• Still at early stages of development• Formal consultation to follow

Revised regulation and feed controls

No change to basic ABP feed restrictions i.e.:

• Processed animal protein must not be fed to animals of same species

• No feeding of catering waste to farmed animals

Revised regulation and feed controls

• TSE controls remain in place in TSE regulation and run alongside ABP controls e.g.:• Fishmeal cannot be fed to ruminants(with

limited exceptions)

• PAP from poultry cannot be fed to pigs and vice versa

Revised regulation and feed controls

• Driver for future changes to feed controls remains TSE legislation not ABP legislation – set out in TSE roadmap.

• However some limited room for manoeuvre………..

Scope for changes to feed controls in revised ABP implementing rules

Feeding of aquatic and terrestrial invertebrates• Now category 3 and should be available for feeding.• However, need to change definition of fishmeal and /or PAP in

implementing rules to allow suitably treated material to be available for feeding. UK pressing for this.

Feeding to zoo animals• Already provisions for feeding fallen stock. Now provision of

feeding fallen zoo animals to other zoo animals . Concerns remain on feeding SRM in view of previous cases of TSEs in zoo cats

End point of ABP controls: compound feed containing PAPs

• Has been interest in new concept of “end point” for ABP controls i.e. where products treated to a point so that no risk remains and fall outside scope of the regulation

• Aware there is interest in seeking exemption of compound feed containing PAPs from certain traceability and labelling requirements of the regulation

• This may be difficult to justify where risk of diversion remains of feeding to non- eligible livestock