Regulation (EU) 2019/4 of the European Parliament and of the CouncilShow full title

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter

This Regulation lays down specific provisions regarding medicated feed and intermediate products, which are additional to Union legislation on feed and apply without prejudice in particular to Regulations (EC) No 1831/2003, (EC) No 183/2005 and (EC) No 767/2009 and Directive 2002/32/EC.

Article 2 Scope

1. This Regulation applies to:

(a) the manufacture, storage and transport of medicated feed and intermediate products;

(b) the placing on the market, including import from third countries, and use of medicated feed and intermediate products;

(c) the export to third countries of medicated feed and intermediate products. However, Articles 9, 16, 17 and 18 shall not apply to medicated feed and intermediate products whose label indicates that they are intended for export to third countries.

2. This Regulation does not apply to veterinary medicinal products as defined in Regulation (EU) 2019/6 except where such products are included in a medicated feed or an intermediate product.

Article 3 Definitions

1. For the purposes of this Regulation, the following definitions apply:

(a) the definitions of ‘feed’, ‘feed business’ and ‘placing on the market’ as laid down, respectively, in points 4, 5 and 8 of Article 3 of Regulation (EC) No 178/2002;

(b) the definitions of ‘feed additives’ and ‘daily ration’ as laid down, respectively, in points (a) and (f) of Article 2(2) of Regulation (EC) No 1831/2003;

(c) the definitions of ‘food-producing animal’, ‘non-food-producing animals’, ‘fur animals’, ‘feed materials’, ‘compound feed’, ‘complete feed’, ‘complementary feed’, ‘mineral feed’, ‘minimum storage life’, ‘batch’, ‘labelling’ and ‘label’ as laid down, respectively, in points (c), (d), (e), (g), (h), (i), (j), (k), (q), (r), (s) and (t) of Article 3(2) of Regulation (EC) No 767/2009;

(d) the definition of ‘establishment’ as laid down in point (d) of Article 3 of Regulation (EC) No 183/2005;

(e) the definitions of ‘official controls’ and ‘competent authorities’ as laid down, respectively, in Article 2(1) and in point 3 of Article 3, of Regulation (EU) 2017/625;

(f) the definitions of ‘veterinary medicinal product’, ‘active substance’, ‘immunological veterinary medicinal product’, ‘antimicrobial’, ‘antiparasitic’, ‘antibiotic’, ‘metaphylaxis’, ‘prophylaxis’, and ‘withdrawal period’, as laid down, respectively, in points 1, 3, 5, 12, 13, 14, 15, 16 and 34 of Article 4 of Regulation (EU) 2019/6, and ‘summary of the product characteristics’ referred to in Article 35 of that Regulation.

2. The following definitions also apply:

(a) ‘medicated feed’ means a feed, which is ready to be directly fed to animals without further processing, consisting of a homogenous mixture of one or more veterinary medicinal products or intermediate products with feed materials or compound feed;

(b) ‘intermediate product’ means a feed, which is not ready to be directly fed to animals without further processing, consisting of a homogenous mixture of one or more veterinary medicinal products with feed materials or compound feed, exclusively intended to be used for the manufacture of medicated feed;

(c) ‘non-target feed’ means feed, whether medicated or not, which is not intended to contain a specific active substance;

(d) ‘cross-contamination’ means contamination of a non-target feed with an active substance originating from the previous use of the facilities or equipment;

(e) ‘feed business operator’ means any natural or legal person responsible for ensuring that the requirements of this Regulation are met within the feed business under that person’s control;

(f) ‘mobile mixer’ means a feed business operator with a feed establishment consisting of a specifically equipped vehicle for the manufacture of medicated feed;

(g) ‘on-farm mixer’ means a feed business operator manufacturing medicated feed for the exclusive use on its farm;

(h) ‘veterinary prescription for medicated feed’ means a document issued by a veterinarian for a medicated feed;

(i) ‘advertising’ means the making of a representation in any form in connection with medicated feed and intermediate products in order to promote prescription or use of medicated feed comprising also the supply of samples and sponsorships;

(j) ‘animal keeper’ means any natural or legal person responsible for animals, whether on a permanent or on a temporary basis.

CHAPTER II MANUFACTURE, STORAGE, TRANSPORT AND PLACING ON THE MARKET

Article 4 General obligations

1. Feed business operators shall manufacture, store, transport and place on the market medicated feed and intermediate products in compliance with Annex I.

2. This Article shall not apply to farmers that only buy, store or transport medicated feed for the exclusive use on their farm.

Notwithstanding the first subparagraph, Section 5 of Annex I shall apply to such farmers.

3. Article 101(2) and Article 105(9) of Regulation (EU) 2019/6 shall apply, mutatis mutandis, to the supply of intermediate products.

4. Article 57 and Section 5 of Chapter IV of Regulation (EU) 2019/6 shall apply, mutatis mutandis, to medicated feed and intermediate products.

Article 5 Composition

1. Medicated feed and intermediate products shall only be manufactured from veterinary medicinal products, including veterinary medicinal products intended to be used in accordance with Article 112, Article 113 or Article 114 of Regulation (EU) 2019/6, authorised for the purpose of the manufacture of medicated feed in accordance with the conditions laid down in that Regulation.

2. The feed business operator manufacturing the medicated feed or intermediate product shall ensure that:

(a) the medicated feed or intermediate product is manufactured in compliance with the relevant conditions laid down in the veterinary prescription for medicated feed or, in the cases referred to in Article 8 of this Regulation, in the summary of the product characteristics, related to the veterinary medicinal products to be incorporated in the feed; those conditions shall include particular provisions regarding known interactions between the veterinary medicinal products and the feed that may impair the safety or the efficacy of the medicated feed or intermediate product;

(b) a feed additive authorised as a coccidiostat or a histomonostat for which a maximum content is set in the respective authorisation act is not incorporated in the medicated feed or intermediate product if it is already used as active substance in the veterinary medicinal product;

(c) where the active substance in the veterinary medicinal product is the same as a substance in a feed additive contained in the feed concerned, the total content of that active substance in the medicated feed does not exceed the maximum content set out in the veterinary prescription for the medicated feed or, in the cases referred to in Article 8, in the summary of product characteristics;

(d) the veterinary medicinal products incorporated in the feed combine with it to form a stable mixture for the entire storage life of the medicated feed, and respect the expiry date of the veterinary medicinal product, as referred to in point (f) of Article 10(1) of Regulation (EU) 2019/6, provided that the medicated feed or intermediate product is properly stored and handled.

3. Feed business operators supplying medicated feed to the animal keeper shall ensure that the medicated feed complies with the prescription referred to in Article 16.

Article 6 Homogeneity

1. Feed business operators manufacturing medicated feed or intermediate products shall ensure that the veterinary medicinal product is homogeneously dispersed in the medicated feed and in the intermediate product.

2. The Commission may, by means of implementing acts, establish criteria for the homogenous dispersion of the veterinary medicinal product into the medicated feed or into the intermediate product, taking into account the specific properties of the veterinary medicinal products and of the mixing technology. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Article 7 Cross-contamination

1. Feed business operators manufacturing, storing, transporting or placing on the market medicated feed or intermediate products shall apply measures in accordance with Article 4 to avoid cross-contamination.

2. The Commission is empowered to adopt delegated acts in accordance with Article 20 in order to supplement this Regulation by establishing specific maximum levels of cross-contamination for active substances in non-target feed, unless such levels are already established in accordance with Directive 2002/32/EC. Those delegated acts may also set out methods of analysis for active substances in feed.

Regarding maximum levels of cross-contamination, those delegated acts shall be based on a scientific risk assessment carried out by EFSA.

3. The Commission shall, by 28 January 2023, adopt delegated acts in accordance with Article 20 in order to supplement this Regulation by establishing, as regards the antimicrobial active substances listed in Annex II, specific maximum levels of cross-contamination for active substances in non-target feed and methods of analysis for active substances in feed.

Regarding maximum levels of cross contamination, those delegated acts shall be based on a scientific risk assessment carried out by EFSA.

4. For active substances in the veterinary medicinal product which are the same as a substance in a feed additive, the applicable maximum level of cross-contamination in non-target feed shall be the maximum content of feed additive in complete feed established in the relevant Union act.

5. Until maximum levels of cross-contamination are established in accordance with paragraphs 2 and 3, Member States may apply national maximum levels of cross-contamination.

Article 8 Anticipated production

Medicated feed and intermediate products may be manufactured and placed on the market, except as regards the supply to the animal keeper, before the prescription referred to in Article 16 is issued.

The first paragraph of this Article shall not apply to:

(a)

on-farm mixers and mobile mixers;

(b)

manufacture of medicated feed or intermediate products incorporating veterinary medicinal products intended to be used in accordance with Article 112 or Article 113 of Regulation (EU) 2019/6.

Article 9 Specific labelling requirements

1. The labelling of medicated feed and intermediate products shall comply with Annex III to this Regulation.

In addition, the specific requirements provided for in Regulation (EC) No 767/2009 for the labelling of feed materials and compound feed shall apply to medicated feed and intermediate products containing, respectively, feed materials or compound feed.

2. Where containers are used instead of packages, they shall be accompanied by a document complying with paragraph 1.

3. Permitted tolerances for discrepancies between the labelled content of an active substance in a medicated feed or an intermediate product and the content analysed in official controls performed in accordance with Regulation (EU) 2017/625 shall be as set out in Annex IV to this Regulation.

Article 10 Packaging

1. Medicated feed and intermediate products shall be placed on the market only in sealed packages or containers. Packages or containers shall be sealed in such a way that, when the package or container is opened, the seal is damaged and cannot be reused. Packages shall not be reused.

2. Paragraph 1 shall not apply to mobile mixers that supply medicated feed directly to the animal keeper.

Article 11 Advertising of medicated feed and intermediate products

1. The advertising of medicated feed and intermediate products shall be prohibited. That prohibition shall not apply to advertising made exclusively to veterinarians.

2. The advertising shall not include information in any form which could be misleading or lead to incorrect use of the medicated feed.

3. Medicated feed shall not be distributed for promotional purposes except for small quantities of samples.

4. Medicated feed containing antimicrobial veterinary medicinal products shall not be distributed for promotional purposes as samples or in any other presentation.

5. The samples referred to in paragraph 3 shall be appropriately labelled indicating that they are samples and shall be given directly to veterinarians during sponsored events or by sales representatives during their visits.

Article 12 Intra-Union trade and import

1. The feed business operator distributing medicated feed or intermediate products in a Member State which is different from the Member State where it was manufactured shall ensure that the veterinary medicinal products used for the manufacturing of that medicated feed or those intermediate products are allowed for use, in accordance with Regulation (EU) 2019/6, in the Member State of use.

2. The feed business operator importing medicated feed or intermediate products into the Union shall ensure that the veterinary medicinal products used for the manufacturing of that medicated feed or those intermediate products are allowed for use, in accordance with Regulation (EU) 2019/6, in the Member State of use.

CHAPTER III APPROVAL OF ESTABLISHMENTS

Article 13 Approval obligations

1. Feed business operators manufacturing, storing, transporting or placing on the market medicated feed or intermediate products shall ensure that establishments under their control are approved by the competent authority.

2. Paragraph 1 shall not apply to the following feed business operators:

(a) those who only buy, store or transport medicated feed for the exclusive use on their farm;

(b) those who act solely as traders, without holding the medicated feed or intermediate products in their premises;

(c) those who only transport or store medicated feed or intermediate products exclusively in sealed packages or containers.

3. The competent authority shall approve establishments only where an on-site visit, prior to start-up of the relevant activity, has demonstrated that the system put in place for the manufacture, storage, transport or placing on the market of medicated feed or intermediate products meets the specific requirements of Chapter II.

4. In the event that mobile mixers place medicated feed on the market in a Member State different from the one where they are approved, such mobile mixers shall notify that activity to the competent authority in the Member State where the medicated feed is placed on the market.

5. In respect of retailers of medicated feed for pets and keepers of fur animals feeding animals with medicated feed, Member States shall have in place national procedures to ensure that relevant information regarding their activities is available to the competent authorities, while avoiding duplication and unnecessary administrative burden.

Article 14 Lists of approved establishments

The establishments approved in accordance with Article 13(1) of this Regulation shall be recorded in a national list, as referred to in Article 19(2) of Regulation (EC) No 183/2005, under an individual identifying number attributed in the form set out in Chapter II of Annex V to that Regulation.

Article 15 Transitional measures concerning the implementation of the requirements for approval and registration

1. Establishments falling within the scope of this Regulation which have already been approved in accordance with Directive 90/167/EEC or otherwise authorised by the competent authority for activities falling within the scope of this Regulation may continue their activities subject to the submission, by 28 July 2022, of a declaration to the relevant competent authority in the area where their facilities are located, in a form decided upon by that competent authority, that they meet the requirements for approval referred to in Article 13(3) of this Regulation.

2. Where the declaration referred to in paragraph 1 of this Article is not submitted within the period specified, the competent authority shall suspend the existing approval in accordance with the procedure referred to in Article 14 of Regulation (EC) No 183/2005.

CHAPTER IV PRESCRIPTION AND USE

Article 16 Prescription

1. The supply of medicated feed to animal keepers shall be subject to:

(a) the presentation and, in case of manufacturing by on-farm mixers, the possession of a veterinary prescription for medicated feed; and

(b) the conditions laid down in paragraphs 2 to 10.

2. A veterinary prescription for medicated feed shall be issued only after a clinical examination or any other proper assessment of the health status of the animal or group of animals by a veterinarian and only for a diagnosed disease.

3. By way of derogation from paragraph 2, a veterinary prescription for medicated feed containing immunological veterinary medicinal products may be issued also in the absence of a diagnosed disease.

4. By way of derogation from paragraph 2, if it is not possible to confirm the presence of a diagnosed disease, a veterinary prescription for medicated feed containing antiparasitics without antimicrobial effects may be issued based on the knowledge of the parasite infestation status in the animal or group of animals.

5. By way of derogation from point (h) of Article 3(2) and paragraph 2 of this Article, a Member State may allow a veterinary prescription for medicated feed to be issued by a professional person qualified to do so in accordance with applicable national law on 27 January 2019.

Such prescriptions shall exclude prescription of medicated feed containing antimicrobial veterinary medicinal products or any other veterinary medicinal products where a diagnosis by a veterinarian is necessary and shall be valid only in that Member State.

The professional person referred to in the first subparagraph shall, when issuing such a prescription, make any necessary verifications in accordance with national law.

Paragraphs 6, 7, 8 and 10 of this Article shall apply, mutatis mutandis, to such prescriptions.

6. The veterinary prescription for medicated feed shall contain the information set out in Annex V.

The original veterinary prescription for medicated feed shall be kept by the manufacturer or, where appropriate, the feed business operator supplying the medicated feed to the animal keeper. The veterinarian, or the professional person referred to in paragraph 5, issuing the prescription and the keeper of food-producing or fur animal shall keep a copy of the veterinary prescription for medicated feed.

The original and copies shall be kept for five years from the date of issuance.

7. With the exception of medicated feed for non-food-producing animals, other than fur animals, medicated feed shall not be used for more than one treatment under the same veterinary prescription for medicated feed.

The duration of a treatment shall comply with the summary of product characteristics of the veterinary medicinal product incorporated in the feed and, where not specified, shall not exceed one month, or two weeks in case of a medicated feed containing antibiotic veterinary medicinal products.

8. The veterinary prescription for medicated feed shall be valid from the date of its issuance for a maximum period of six months for non-food-producing animals other than fur animals and three weeks for food-producing animals and fur animals. In the case of medicated feed containing antimicrobial veterinary medicinal products, the prescription shall be valid from the date of its issuance for a maximum period of five days.

9. The veterinarian issuing the veterinary prescription for medicated feed shall verify that that medication is justified for the target animals on veterinary grounds. Furthermore that veterinarian shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra-indication or interaction where several medicinal products are used. In particular, the veterinarian shall not prescribe medicated feed with more than one veterinary medicinal product containing antimicrobials.

10. The veterinary prescription for medicated feed shall:

(a) comply with the summary of the product characteristics of the veterinary medicinal product, except for veterinary medicinal products intended to be used in accordance with Article 112, Article 113 or Article 114 of Regulation (EU) 2019/6;

(b) indicate the daily dose of the veterinary medicinal product which is to be incorporated in a quantity of medicated feed that ensures the uptake of the dosage by the target animal considering that the feed uptake of diseased animals might differ from a normal daily ration;

(c) ensure that the medicated feed containing the dosage of the veterinary medicinal product corresponds to at least 50 % of the daily feed ration on a dry matter basis and that, for ruminants, the daily dose of the veterinary medicinal product is contained in at least 50 % of the complementary feed except for mineral feed;

(d) indicate the inclusion rate of the active substances, calculated on the basis of the relevant parameters.

11. Veterinary prescriptions for medicated feed issued in accordance with paragraphs 2, 3 and 4 shall be recognised throughout the Union.

12. The Commission may, by means of implementing acts, set a model format for the information set out in Annex V. That model format shall also be made available in electronic version. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Article 17 Use of medicated feed

1. The prescribed medicated feed shall be used only for animals for which the veterinary prescription for medicated feed has been issued in accordance with Article 16.

2. Animal keepers shall use medicated feed only in accordance with the veterinary prescription for medicated feed, take measures to avoid cross-contamination and shall ensure that only the identified animals in the veterinary prescription for medicated feed are administered with the medicated feed. Animal keepers shall ensure that expired medicated feed is not used.

3. Medicated feed containing antimicrobial veterinary medicinal products shall be used in accordance with Article 107 of Regulation (EU) 2019/6, except as regards paragraph 3 thereof, and shall not be used for prophylaxis.

4. Medicated feed containing immunological veterinary medicinal products shall be used in accordance with Article 110 of Regulation (EU) 2019/6 and shall be used on the basis of a prescription in accordance with Article 16(3) of this Regulation.

5. Medicated feed containing antiparasitics shall be used on the basis of a prescription in accordance with Article 16(4) of this Regulation.

6. When administering medicated feed, the keeper of food-producing animals shall ensure compliance with the withdrawal period provided for in the veterinary prescription for medicated feed.

7. The keeper of food-producing animals feeding them with medicated feed shall keep records in accordance with Article 108 of Regulation (EU) 2019/6. Those records shall be kept for at least five years after the date of administration of medicated feed, including when the food-producing animal is slaughtered during the five-year period.

Article 18 Collection or discard systems of unused or expired products

Member States shall ensure that appropriate collection or discard systems are in place for medicated feed and intermediate products that are expired or in case the animal keeper has received a bigger quantity of medicated feed than he actually used for the treatment referred to in the veterinary prescription for medicated feed.

Member States shall take measures to ensure that relevant stakeholders are consulted as regards such systems.

Member States shall take measures to ensure that the location of collection or discard points as well as other relevant information is made available to farmers, animal keepers, veterinarians and other relevant persons.

CHAPTER V PROCEDURAL AND FINAL PROVISIONS

Article 19 Amendment of Annexes

The Commission is empowered to adopt delegated acts in accordance with Article 20 amending Annexes I to V, in order to take into account technical progress and scientific developments.

Article 20 Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Articles 7 and 19 shall be conferred on the Commission for a period of five years from 27 January 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of powers referred to in Articles 7 and 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 7 and 19 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 21 Committee procedure

1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 (the ‘Committee’). That Committee is a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the Committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the Committee so decides or a simple majority of Committee members so request.

Article 22 Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2. Member States shall, by 28 January 2022, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Article 23 Amendment to Regulation (EC) No 183/2005

Article 5 of Regulation (EC) No 183/2005 is amended as follows:

(1)

in paragraph 1, point (c) is replaced by the following:

‘(c)

mixing of feed, for the exclusive requirements of their own holdings, without using veterinary medicinal products or intermediate products as defined in Regulation (EU) 2019/4(1) or additives or premixtures of additives, with the exception of silage additives,’;

(2)

paragraph 2 is replaced by the following:

‘2. For operations other than those referred to in paragraph 1, including mixing of feed for the exclusive requirements of their own holdings when using veterinary medicinal products or intermediate products as defined in Regulation (EU) 2019/4 or additives or premixtures of additives, with the exception of silage additives, feed business operators shall comply with Annex II, where relevant for the operations carried out.’.

Article 24 Transitional measures

Without prejudice to the date of application referred to in Article 26, the Commission is empowered to adopt the delegated acts provided for in Article 7(3) from 27 January 2019.

Article 25 Repeal

Directive 90/167/EEC is repealed.

References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI to this Regulation.

Article 26 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 28 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 December 2018.

For the European Parliament

The President

A. TAJANI

For the Council

The President

J. BOGNER-STRAUSS