DOC/00/28 Brussels, 19 October 2000 BACKGROUND NOTE ON IP/00/1190 ANIMAL FEED : COMMISSION PROPOSAL TO EXCLUDE CONDEMNED ANIMAL MATERIAL FROM THE FEED CHAIN The BSE crisis has led to questions being raised as to whether the EU legislation on disposal and processing of animal by-products not intended to human consumption is meeting its fundamental objectives, notably ensuring a high level of protection of public health and of consumer protection throughout the Community. In particular, there is a general public concern on the quality of feed ingredients allowed for farm animal nutrition. The International Scientific Conference on Meat and Bone Meal organised by the Commission and the European Parliament, held in Brussels on 1-2 July 1997, initiated a debate concerning the production and feeding of meat-and-bone meal. The conference called for further reflection on the future policy in this area and, in particular, on the possible exclusion of dead animals and all condemned material from the feed chain. The only raw material allowed to be used for the production of animal feed would then be material declared fit for human consumption but which, either for commercial or technological reasons, is not intended for human consumption. In November 1997, in order to launch the widest possible public debate about the future of the Community’s feed legislation on the above question, the Commission finalised a public Consultation Paper on Meat-and-Bone Meal. One of the main arguments against the exclusion of certain animal material, which kept recurring in the above consultation, was that it is not scientifically justified. For this reason a number of requests for a scientific advice were submitted to the Scientific Steering Committee. As a result, this Committee adopted 9 scientific opinions, all of them recommending the exclusion of materials derived from animals not fit for human consumption from the animal feed chain. Since October 1996, the Food and Veterinary Office of the Commission (FVO) carried out a number of rounds of inspections to Member States, to assess the presence and management of main risk factors and surveillance procedure with regard to BSE. Part of the assessment covered the systems of commercial rendering and other methods of animal waste disposal in the Member States. General conclusions and a number of recommendations were drawn up following these inspections and provided to the Commission and Member States. This proposed Regulation would implement the above scientific advice and the FVO recommendations. Analysis of impacts There are a number of potential problems as a consequence of the prohibition of recycling certain animal material in feed. In particular cost implications of the proposal are potentially important, because the new rules will make the disposal of certain animal material and carcasses a cost whereas they previously presented a positive economic value. In 1998 the European rendering industry transformed a total of 16.1 million tons of animal material into 3 million tons of meat-and-bone meal and 1.5 million tons of fat suitable for use in animal feed. While most of these 16.1 million tons came from healthy animals inspected in slaughterhouses, 1.8 million tons came from animals that died outside slaughterhouses or other condemned materials. The additional cost of such an exclusion may result in a higher level of on-farm burial with possible environmental problems; Furthermore, some of the alternative ways of disposal of this material are environmentally harmful, costly or impossible because of a current lack of capacity to process and dispose of the excluded materials; In order to overcome some of the above problems, especially environmental aspects, the proposal also includes a number of alternative options to the production of feed material for the use or disposal of these animal by-products and, in particular incineration, co-incineration, composting, biogas products, fertilisers, oleochemical industry. Some of these alternative methods of use or disposal allow a recovery of costs. However, as the added value achieved by the re-use of animal material must be compatible with the primary need for safety, it is proposed that alternatives other that incineration or landfill are restricted only to category 2 and category 3 animal byproducts. History Animal material such as slaughter waste, but also carcasses of dead animals such as dogs, cats etc. have been routinely used in animal feed, notably in the form of meat-and-bone-meal and rendered fats. The authorisation system for collection and treatment of such animal wastes as put into place by Directive 90/667/EEC has led to diverging practices in Member States with equally diverging effectiveness of veterinary controls. Both high- and low risk wastes, if appropriately processed under veterinary control, were allowed to be recycled in animal feed. In the wake of the BSE crisis more stringent ad hoc measures on the required treatment were introduced, notably pressure cooking of mammalian animal waste for the production of meat-and-bone meal to inactivate BSE and scrapie . As of July 2000 rendered fats from cattle and sheep derived from high risk material are also subject to these stringent treatment standards if destined for use in animal feed. 2 A) Directive and Council Decisions repealed by the Regulation 1. Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and mending Directive 90/425/EEC. 2. Council Decision 95/348/EC laying down the veterinary and animal health rules applicable in the United Kingdom and Ireland to the treatment of certain types of waste intended to be marketed locally as feedstuffs for certain animal categories. 3. Council Decision 1999/534/EC on measures applying to the processing of certain animal waste to protect against transmissible spongiform encephalopathies and amending Commission Decision 97/735/EC. B) Commission Decisions included in the Regulation (which will be then repealed by Commission Decision) 4. Commission Decision 89/18/EEC concerning the conditions of importation from third countries of fresh meat for purposes other that human consumption 5. Commission Decision 92/562/EEC on the approval of alternative heat treatment systems for processing high-risk material 6. Commission Decision 94/143/EC laying down the animal health requirements and the veterinary certification for the importation of serum from equidae from third countries. 7. Commission Decision 94/309/EC laying down the animal health requirements and the veterinary certification for the importation from third countries of certain petfoods and certain untanned edible products for pets, containing low-risk animal materials. 8. Commission Decision 94/344/EC laying down the animal health requirements and the veterinary certification for the importation from third countries of processed animal protein including products containing this protein intended for animal consumption. 9. Commission Decision 94/435/EC laying down the animal health requirements and the veterinary certification for the importation of pig bristles from third countries. 10. Commission Decision 94/446/EC laying down the requirements for the importation from third countries of bones and bone products, horns and horn products and hooves and hoof products, including meals thereof, for further processing not intended for human or animal consumption. 11. Commission Decision 94/860/EC laying down the requirements for the importation from third countries of apiculture products for use in apiculture. 12. Commission Decision 95/341/EC concerning animal health conditions and the veterinary certification for imports of milk and milk-based products not intended for human consumption from third countries. 13. Commission Decision 96/500/EC laying down the animal health requirements and the certification or official declaration for the import of game trophies of birds and ungulates not having undergone a complete taxidermy treatment from third countries. 3 14. Commission Decision 97/168/EC laying down the animal health requirements and the certification or official declaration for the import of hides and skins from third countries. 15. Commission Decision 97/735/EC concerning certain protection measures with regards to trade in certain types of mammalian waste. C) Directive and Decision amended by the Directive 16. Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC. 17. Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in infra-Community trade in certain live animals and products with a view to the completion of the internal market. 18. Decision 94/278/EC drawing up a list of third countries from which Member states authorize imports of certain products subject to Council Directive 92/118/EEC. 4