S.I. No. 185 of 2009

EUROPEAN COMMUNITIES (UNDESIRABLE SUBSTANCES IN FEEDINGSTUFFS) (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 22nd May, 2009.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Commission Directive 2008/76/EC of 25 July 2008 1 and Commission Directive 2009/8/EC of 10 February 2009 2 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Undesirable Substances in Feedingstuffs) (Amendment) Regulations 2009.

2. Regulation 2(1) of the European Communities (Undesirable Substances in Feedingstuffs) Regulations 2003 ( S.I. No. 317 of 2003 ) is amended by substituting for the definition of "Directive" (inserted by the European Communities (Undesirable Substances in Feedingstuffs) (Amendment) Regulations 2007 (S.I. No. 720 of 2007)) of the following-

" 'Directive' means Directive No. 2002/32/EC of the European Parliament and of the Council of 7 May 2002 3 as amended by Commission Directive No. 2003/57/EC of 17 June 2003 4 ; Commission Directive No. 2003/100/EC of 31 October 2003 5 ; Commission Directive 2005/8/EC of 27 January 2005 6 ; Commission Directive 2005/86/EC of 5 December 2005 7 ; Commission Directive 2005/87/EC of 5 December 2005 8 ; Commission Directive 2006/13/EC of 3 February 2006 9 ; Commission Directive 2006/77/EC of 29 September 2006 10 ; Commission Directive 2008/76/EC of 25 July 2008 and (from 1 July 2009) Commission Directive 2009/8/EC of 10 February 2009;".

3. The following Statutory Instruments are revoked:

(a) The European Communities (Undesirable Substances in Feeding stuffs) (Amendment) Regulations 2006 ( S.I. No. 577 of 2006 )

(b) The European Communities (Undesirable Substances in Feedingstuffs) (Amendment) Regulations 2007 (S.I. No. 720 of 2007).

GIVEN under my Official Seal

7 May 2009

BRENDAN SMITH.

Minister for Agriculture, Fisheries & Food.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations transpose Commission Directive 2008/76/EC which approves the increase of the maximum allowable levels of fluorine in fish feed, recommends the deletion of Lolium temulentum and Lolium remotum, applies changes in the acceptable levels of weed seeds and unground and uncrushed fruits containing alkaloids, glucosides and other toxic substances, includes the name DDD in Annex I as that name is more commonly used for the metabolite dichlorodiphenyl-dichloroethane than TDE, and applies the general maximum levels for hydrocyanic acid and to delete the specific requirement for apricot and bitter almond.

These Regulations also transpose Commission Directive 2009/8/EC amending the maximum levels of unavoidable carry-over of coccidiostats or histomonostats (which are substances intended to kill or inhibit protozoa) in non-target feed.

1 O.J. No. L.198 26.07.2008, p. 37

2 O.J. No. L.40 11.02.2009, p. 19

3 O.J. No. L.140 30.05.2002, p. 10

4 O.J. No. L.151 19.06.2003, p. 38

5 O.J. No. L.285 01.11.2003, p. 33

6 O.J. No. L.27 29.01.2005, p. 44

7 O.J. No. L.318 06.12.2005, p. 16

8 O.J. No. L.318 06.12.2005, p. 19

9 O.J. No. L.32 04.02.2006, p. 44

10 O.J. No. L.271 30.09.2006, p. 53