L 308/20 Official Journal of the European Union 24.11.2009 DIRECTIVES COMMISSION DIRECTIVE 2009/141/EC of 23 November 2009 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, theobromine, Datura sp., Ricinus communis L., Croton tiglium L. and Abrus precatorius L. (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed ('), and in particular Article 8(1) thereof, Whereas: (1)  Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of un- desirable substances exceeding the maximum levels laid down in Annex I to that Directive is prohibited. (2)  As regards feedingstuffs obtained from the processing of fish or other marine animals, recent information provided by competent authorities of the Member States on the presence of total arsenic (sum of organic and inorganic arsenic) indicates that it is necessary to increase certain maximum levels for total arsenic. By- products of the fish filleting industry are valuable raw materials for the production of fish meal and fish oil for use in compound feed, in particular fish feed. (3)  The increase of the maximum levels for total arsenic in feedingstuffs obtained from the processing of fish or other marine animals and feedingstuffs for fish entails no change in the maximum levels for inorganic arsenic. Since the potential adverse effects of arsenic to animal and human health are determined by the inorganic fraction in a given feed or food product and the organic arsenic compounds exhibit a very low toxic potential (%), the increased levels for total arsenic do not affect the protection of animal and public health. () OJ L 140, 30.5.2002, p. 10. (3) Scientific Opinion of the Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the European Commission related to arsenic as undesirable substances in animal feed, The EFSA Journal (2005) 180, 1-35. (40 In Annex I to Directive 2002/32[EC, arsenic refers to total arsenic for the purpose of setting maximum levels, since there is no standardised routine method for the analysis of inorganic arsenic. But for cases in which the competent authorities request an analysis of the content of inorganic arsenic, that Annex sets out a maximum level for inorganic arsenic. (5)  As the extraction method has in some cases a significant influence on the analytical result on total arsenic, it is appropriate to specify an extraction procedure for reference to be used for official control. (6)  Information provided by competent authorities and stakeholder organisations indicate significant levels of arsenic in additives belonging to the functional group of compounds of trace elements, authorised in appli- cation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council (). It is appro- priate to establish maximum levels for arsenic in these additives to protect animal and public health. (7)  As regards theobromine, the European Food Safety Authority (EFSA) concluded in its opinion of 10 June 2008 (*) that the current maximum levels for theo- bromine may not fully protect some animal species. It pointed out possible adverse effects on pigs, dogs and horses and on milk production in dairy cows. It is therefore appropriate to establish lower maximum levels. (8)  As regards alkaloids in Datura sp., EFSA concluded in its opinion of 9 April 2008 (°) that, since tropane alkaloids are present in all Datura sp., it is appropriate for the protection of animal health, in particular for pigs, to extend the maximum levels for Datura stramonium L., as set out in Annex I to Directive 2002/32[EC, to all Datura sp. () O] L 268, 18.10.2003, p. 29. (*) Scientific Opinion of the Panel on Contaminants in the Food Chain on a request from the European Commission on theobromine as undesirable substances in animal feed. The EFSA Journal (2008) 725, 1-66. (°) Scientific Opinion of the Panel on Contaminants in the Food Chain on a request from the European Commission on Tropane alkaloids (from Datura sp.) as undesirable substances in animal feed. The EFSA Journal (2008) 691, 1-55.