Legal provisions of COM(2007)194 - Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2007)194 - Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal ... |
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document | COM(2007)194 |
date | May 6, 2009 |
Contents
- TITLE I - GENERAL PROVISIONS
- Article 1 - Subject matter and scope
- Article 2 - Definitions
- TITLE II - MAXIMUM RESIDUE LIMITS
- CHAPTER I - Risk assessment and risk management
- Section 1 - Pharmacologically active substances intended for use in veterinary medicinal products in the Community
- Article 3 - Application for an opinion of the Agency
- Article 4 - Opinion of the Agency
- Article 5 - Extrapolation
- Article 6 - Scientific risk assessment
- Article 7 - Risk management recommendations
- Article 8 - Applications and procedures
- Section 2 - Other pharmacologically active substances for which an opinion of the Agency may be requested
- Article 9 - Opinion of the Agency requested by the Commission or a Member State
- Article 10 - Pharmacologically active substances contained in biocidal products used in animal husbandry
- Section 3 - Common provisions
- Article 11 - Review of an opinion
- Article 12 - Publication of opinions
- Article 13 - Implementing measures
- CHAPTER II - Classification
- Article 14 - Classification of pharmacologically active substances
- Article 15 - Accelerated procedure for an opinion of the Agency
- Article 16 - Administration of substances to food-producing animals
- Article 17 - Procedure
- TITLE III - REFERENCE POINTS FOR ACTION
- Article 18 - Establishment and review
- Article 19 - Methods for establishing reference points for action
- Article 20 - Community contribution to the support measures for reference points for action
- TITLE IV - MISCELLANEOUS PROVISIONS
- Article 21 - Analytical methods
- Article 22 - Circulation of foodstuffs
- Article 23 - Placing on the market
- Article 24 - Action in case of confirmed presence of a prohibited or non-authorised substance
- TITLE V - FINAL PROVISIONS
- Article 25 - Standing Committee on Veterinary Medicinal Products
- Article 26 - Standing Committee on the Food Chain and Animal Health
- Article 27 - Classification of pharmacologically active substances under Regulation (EEC) No 2377/90
- Article 28 - Reporting
- Article 29 - Repeal
- Article 30 - Amendments to Directive 2001/82/EC
- Article 31 - Amendment to Regulation (EC) No 726/2004
- Article 32 - Entry into force
TITLE I - GENERAL PROVISIONS
Article 1 - Subject matter and scope
(a) | the maximum concentration of a residue of a pharmacologically active substance which may be permitted in food of animal origin (maximum residue limit); |
(b) | the level of a residue of a pharmacologically active substance established for control reasons in the case of certain substances for which a maximum residue limit has not been laid down in accordance with this Regulation (reference point for action). |
2. This Regulation shall not apply:
(a) | to active principles of biological origin intended to produce active or passive immunity or to diagnose a state of immunity, used in immunological veterinary medicinal products; |
(b) | to substances falling within the scope of Regulation (EEC) No 315/93. |
3. This Regulation shall apply without prejudice to Community legislation prohibiting the use in food-producing animals of certain substances having a hormonal or thyrostatic action and of beta-agonists, as provided for by Directive 96/22/EC.
Article 2 - Definitions
(a) | ‘residues of pharmacologically active substances’ means all pharmacologically active substances, expressed in mg/kg or μg/kg on a fresh weight basis, whether active substances, excipients or degradation products, and their metabolites which remain in food obtained from animals; |
(b) | ‘food-producing animals’ means animals bred, raised, kept, slaughtered or harvested for the purposes of producing food. |
TITLE II - MAXIMUM RESIDUE LIMITS
CHAPTER I - Risk assessment and risk management
Section 1 - Pharmacologically active substances intended for use in veterinary medicinal products in the Community
Article 3 - Application for an opinion of the Agency
To that end, the applicant for a marketing authorisation for a veterinary medicinal product in which such a substance is used, a person intending to apply for such a marketing authorisation or, where appropriate, the holder of such a marketing authorisation, shall submit an application to the Agency.
Article 4 - Opinion of the Agency
2. The scientific risk assessment and the risk management recommendations shall aim to ensure a high level of human health protection, whilst also ensuring that human health, animal health and animal welfare are not negatively affected by the lack of availability of appropriate veterinary medicinal products. The opinion shall take account of any relevant scientific findings of the European Food Safety Authority (EFSA) established by Article 22 of Regulation (EC) No 178/2002.
Article 5 - Extrapolation
Article 6 - Scientific risk assessment
2. The scientific risk assessment shall concern the following:
(a) | the type and amount of residue considered not to present a safety concern for human health; |
(b) | the risk of toxicological, pharmacological or microbiological effects in human beings; |
(c) | residues that occur in food of plant origin or that come from the environment. |
3. If the metabolism and depletion of the substance cannot be assessed, the scientific risk assessment may take into account monitoring data or exposure data.
Article 7 - Risk management recommendations
(a) | the availability of alternative substances for the treatment of the relevant species or the necessity of the substance evaluated in order to avoid unnecessary suffering for animals or to ensure the safety of those treating them; |
(b) | other legitimate factors, such as the technological aspects of food and feed production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products, good practice in the use of veterinary medicinal and biocidal products and the likelihood of misuse or illegal use; |
(c) | whether or not a maximum residue limit or a provisional maximum residue limit should be established for a pharmacologically active substance in veterinary medicinal products, the level of that maximum residue limit and, where appropriate, any conditions or restrictions for the use of the substance concerned; |
(d) | whether the data provided are not sufficient to allow a safe limit to be identified, or whether a final conclusion concerning human health with regard to residues of a substance cannot be established given the lack of scientific information. In either case, no maximum residue limit may be recommended. |
Article 8 - Applications and procedures
2. The Agency shall ensure that the opinion of the Committee is given within 210 days of receipt of a valid application in accordance with Article 3 and paragraph 1 of this Article. This time limit shall be suspended where the Agency requests the submission of supplementary information on the given substance within a specific time period, and shall remain suspended until such time as the requested supplementary information has been provided.
3. The Agency shall forward the opinion referred to in Article 4 to the applicant. Within 15 days of receipt of the opinion, the applicant may provide written notice to the Agency that he wishes to request a re-examination of the opinion. In that case the applicant shall submit the detailed grounds for his request to the Agency within 60 days of receipt of the opinion.
Within 60 days of receipt of the applicant’s grounds for a re-examination request, the Committee shall consider whether its opinion should be revised and adopt the final opinion. The reasons for the conclusion reached on the request shall be annexed to the final opinion.
4. Within 15 days of the adoption of the final opinion, the Agency shall forward it to the Commission and the applicant, stating the grounds for its conclusions.
Section 2 - Other pharmacologically active substances for which an opinion of the Agency may be requested
Article 9 - Opinion of the Agency requested by the Commission or a Member State
(a) | where the substance in question is authorised for use in a veterinary medicinal product in a third country and no application for the establishment of a maximum residue limit for that substance in respect of the foodstuff or species concerned has been submitted pursuant to Article 3; |
(b) | where the substance in question is included in a medicinal product intended to be used pursuant to Article 11 of Directive 2001/82/EC and no application for the establishment of a maximum residue limit for that substance in respect of the foodstuff or species concerned has been submitted pursuant to Article 3 of this Regulation. |
In the circumstances of point (b) of the first subparagraph, where minor species or minor uses are concerned, the request may be submitted to the Agency by an interested party or organisation.
Articles 4 to 7 shall apply.
A request for an opinion referred to in the first subparagraph of this paragraph shall comply with the format and content requirements laid down by the Commission pursuant to Article 13(1).
2. The Agency shall ensure that the opinion of the Committee is given within 210 days of receipt of the request by the Commission, a Member State or an interested party or organisation. This time limit shall be suspended if the Agency requests the submission of supplementary information on the given substance within a specific time period and until such time as the requested supplementary information has been provided.
3. Within 15 days of the adoption of the final opinion, the Agency shall forward it to the Commission and, as applicable, to the Member State or the interested party or organisation which made the request, stating the grounds for its conclusions.
Article 10 - Pharmacologically active substances contained in biocidal products used in animal husbandry
(a) | following the procedure referred to in Article 9 of this Regulation for:
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(b) | following the procedure referred to in Article 8 of this Regulation and on the basis of an application submitted in accordance with Article 3 of this Regulation for all other active substances/product type combinations to be included in Annexes I, IA or IB to Directive 98/8/EC for which the establishment of a maximum residue limit is deemed necessary by the Member States or the Commission. |
2. The Commission shall classify the pharmacologically active substances referred to in paragraph 1 in accordance with Article 14. For the purposes of classification, a regulation as referred to in Article 17(1) shall be adopted by the Commission.
However, any specific provisions relating to the conditions of use of the substances classified in accordance with the first subparagraph of this paragraph shall be laid down pursuant to Article 10(2) of Directive 98/8/EC.
3. The costs of evaluations carried out by the Agency following a request made in accordance with paragraph 1(a) of this Article shall be covered by the budget of the Agency as referred to in Article 67 of Regulation (EC) No 726/2004. However, this shall not apply to the evaluation costs of a rapporteur designated, in accordance with Article 62(1) of that Regulation, for the establishment of a maximum residue limit where that rapporteur has been appointed by a Member State that has already received a fee for that evaluation on the basis of Article 25 of Directive 98/8/EC.
The amount of the fees for evaluations carried out by the Agency and the rapporteur following an application made in accordance with paragraph 1(b) of this Article shall be established in accordance with Article 70 of Regulation (EC) No 726/2004. Council Regulation (EC) No 297/95 of 10 February 1995 on fees payable to the European Agency for the Evaluation of Medicinal Products (17) shall apply.
Section 3 - Common provisions
Article 11 - Review of an opinion
Where a maximum residue limit has been established in accordance with this Regulation for specific foodstuffs or species, Articles 3 and 9 shall apply for the establishment of a maximum residue limit for that substance for other foodstuffs or species.
The request referred to in the first subparagraph shall be accompanied by information explaining the issue to be addressed. Article 8(2) to (4) or Article 9(2) and (3), as appropriate, shall apply to the new opinion.
Article 12 - Publication of opinions
Article 13 - Implementing measures
2. The Commission shall, in consultation with the Agency, Member States and interested parties, adopt measures regarding:
(a) | the methodological principles for the risk assessment and risk management recommendations referred to in Articles 6 and 7, including technical requirements in accordance with internationally agreed standards; |
(b) | rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species, as referred to in Article 5. Those rules shall specify how and under what circumstances scientific data on residues in a particular foodstuff or in a species or more species may be used for setting a maximum residue limit in other foodstuffs, or other species. |
Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
CHAPTER II - Classification
Article 14 - Classification of pharmacologically active substances
2. The classification shall include a list of pharmacologically active substances and the therapeutic classes to which they belong. The classification shall also establish, in relation to each such substance, and, where appropriate, specific foodstuffs or species, one of the following:
(a) | a maximum residue limit; |
(b) | a provisional maximum residue limit; |
(c) | the absence of the need to establish a maximum residue limit; |
(d) | a prohibition on the administration of a substance. |
3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health:
(a) | pursuant to an opinion of the Agency in accordance with Article 4, 9 or 11, as appropriate; or |
(b) | pursuant to a decision of the Codex Alimentarius Commission, without objection from the Community Delegation, in favour of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product, provided that the scientific data taken into consideration have been made available to the Community Delegation prior to the decision of the Codex Alimentarius Commission. In this case, an additional assessment by the Agency shall not be required. |
4. A provisional maximum residue limit may be established in cases where scientific data are incomplete, provided that there are no grounds for supposing that residues of that substance at the level proposed constitute a hazard to human health.
The provisional maximum residue limit shall apply for a defined period of time, which shall not exceed five years. That period may be extended once for a period not exceeding two years where it is demonstrated that such an extension would allow completion of scientific studies in progress.
5. No maximum residue limit shall be established where, pursuant to an opinion in accordance with Article 4, 9 or 11, as appropriate, it is not necessary for the protection of human health.
6. The administration of a substance to food-producing animals shall be prohibited, pursuant to an opinion in accordance with Article 4, 9 or 11, as appropriate, in either of the following circumstances:
(a) | where any presence of a pharmacologically active substance or residues thereof in foods of animal origin may constitute a hazard to human health; |
(b) | where no final conclusion concerning the effect on human health of residues of a substance can be drawn. |
7. Where it appears necessary for the protection of human health, the classification shall include conditions and restrictions for the use or application of a pharmacologically active substance used in veterinary medicinal products which is subject to a maximum residue limit, or for which no maximum residue limit has been set.
Article 15 - Accelerated procedure for an opinion of the Agency
2. The format and content of the application referred to in paragraph 1 of this Article shall be laid down by the Commission pursuant to Article 13(1).
3. By way of derogation from the time limits laid down in Article 8(2) and Article 9(2), the Agency shall ensure that the opinion of the Committee is given within 120 days of receipt of the application.
Article 16 - Administration of substances to food-producing animals
2. Paragraph 1 shall not apply in the case of clinical trials which are accepted by the competent authorities following notification or authorisation in accordance with the legislation in force and which do not cause foodstuffs obtained from livestock participating in such trials to contain residues which constitute a hazard to human health.
Article 17 - Procedure
Where the opinion of the Agency is required and the draft regulation is not in accordance with this opinion, the Commission shall provide a detailed explanation of the reasons for the divergence.
2. The regulation referred to in paragraph 1 of this Article shall be adopted by the Commission in accordance with, and within 30 days of the end of, the regulatory procedure referred to in Article 25(2).
3. In the case of an accelerated procedure as referred to in Article 15, the Commission shall adopt the regulation referred to in paragraph 1 of this Article in accordance with, and within 15 days of the end of, the regulatory procedure referred to in Article 25(2).
TITLE III - REFERENCE POINTS FOR ACTION
Article 18 - Establishment and review
The reference points for action shall be reviewed regularly in the light of new scientific data relating to food safety, the outcome of the investigations and analytical tests referred to in Article 24 and technological progress.
Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 26(4).
Article 19 - Methods for establishing reference points for action
2. Without prejudice to the second subparagraph of Article 29(1) of Regulation (EC) No 178/2002, the Commission shall, where appropriate, submit a request to EFSA for a risk assessment as to whether the reference points for action are adequate to protect human health. In those cases, EFSA shall ensure that the opinion is given to the Commission within 210 days of receipt of the request.
3. The principles of risk assessment shall be applied in order to guarantee a high level of protection of health. The risk assessment shall be based on methodological principles as well as scientific methods to be adopted by the Commission in consultation with EFSA.
Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(3).
Article 20 - Community contribution to the support measures for reference points for action
TITLE IV - MISCELLANEOUS PROVISIONS
Article 21 - Analytical methods
Article 22 - Circulation of foodstuffs
Article 23 - Placing on the market
(a) | classified in accordance with Article 14(2)(a), (b) or (c) at a level exceeding the maximum residue limit established pursuant to this Regulation; or |
(b) | not classified in accordance with Article 14(2)(a), (b) or (c), except where a reference point for action has been set for that substance pursuant to this Regulation and the level of residues does not equal or exceed that reference point for action; |
shall be considered not to comply with Community legislation.
Detailed rules on the maximum residue limit to be considered for control purposes for foodstuffs derived from animals which have been treated under Article 11 of Directive 2001/82/EC shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 26(2) of this Regulation.
Article 24 - Action in case of confirmed presence of a prohibited or non-authorised substance
2. Where the results of those investigations or analytical tests on products of the same origin show a recurrent pattern indicating a potential problem, the competent authority shall retain a record of the findings and inform the Commission and the other Member States in the Standing Committee on the Food Chain and Animal Health referred to in Article 26.
3. Where appropriate, the Commission shall submit proposals, and in the case of products of third country origin, bring the matter to the attention of the competent authority of the country or countries concerned requesting clarification as to the recurrent presence of residues.
4. Detailed rules on the application of this Article shall be adopted. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(3).
TITLE V - FINAL PROVISIONS
Article 25 - Standing Committee on Veterinary Medicinal Products
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 26 - Standing Committee on the Food Chain and Animal Health
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. Where reference is made to this paragraph, Article 5a(1),(2),(4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 27 - Classification of pharmacologically active substances under Regulation (EEC) No 2377/90
2. For any substance referred to in paragraph 1 for which a maximum residue limit has been established under Regulation (EEC) No 2377/90, the Commission or a Member State may also submit to the Agency a request for an opinion on extrapolation to other species or tissues in accordance with Article 5.
Article 17 shall apply.
Article 28 - Reporting
2. The report shall, in particular, review the experience gained from the application of this Regulation, including experience with substances classified under this Regulation which have a multiple use.
3. The report shall, if appropriate, be accompanied by relevant proposals.
Article 29 - Repeal
Annexes I to IV to the repealed Regulation shall continue to apply until the entry into force of the regulation referred to in Article 27(1) of this Regulation, and Annex V to the repealed Regulation shall continue to apply until the entry into force of the measures referred to in Article 13(1) of this Regulation.
References to the repealed Regulation shall be construed as references to this Regulation or, as appropriate, to the regulation referred to in Article 27(1) of this Regulation.
Article 30 - Amendments to Directive 2001/82/EC
1. | Article 10(3) shall be replaced by the following: ‘3. By way of derogation from Article 11, the Commission shall establish a list of substances:
and for which the withdrawal period shall not be less than six months according to the control mechanisms laid down in Decisions 93/623/EEC and 2000/68/EC. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 89(2a).’; |
2. | in Article 11(2), the third subparagraph shall be replaced by the following: ‘The Commission may modify these withdrawal periods or establish other withdrawal periods. In so doing, the Commission may differentiate between foodstuffs, species, routes of administration and annexes to Regulation (EEC) No 2377/90. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 89(2a).’. |
Article 31 - Amendment to Regulation (EC) No 726/2004
‘(g) | advising on the maximum limits for residues of veterinary medicinal products and biocidal products used in animal husbandry which may be accepted in foodstuffs of animal origin in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin (18). |
Article 32 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.