No C 84/4 Official  Journal  of the European  Communities 8.4. 78 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Economic  and  Social  Committee  approves  the proposal. 
Done  at Brussels,  2 February  1978. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposals  for: 
— a Council  Directive  concerning  certain  products  used  in animal  nutrition 
— a third  Council  Directive  amending  Directive  70/524/EEC  concerning  additives  in 
feedingstuffs 
— a Council  Directive  amending  Directive  74/63/EEC  fixing  maximum  permitted  levels 
for undesirable  substances  and  products  in feedingstuffs  and  amending  Directive 
70/373/EEC  introducing  Community  methods  of sampling  and  analysis  for  the 
official  control  of feedingstuffs 
The text  referred  to the  Committee  has  been  published  in Official  journal  of the 
European  Communities  No  C 197 of 18 August  1977,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 8 August  1977,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Articles  47 and  198  of the Treaty  establishing 
the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
155th  plenary  session  held  in Brussels  on 1 and  2 February  1978. 
The full text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  47 and  198  thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 8 August  1978  for an 
opinion, 
Having  regard  to the decision  taken  by its chairman 
on 24 September  1977  instructing  the  Section  for 
Agriculture  to draw  up an opinion  on the matter, Having  regard  to its earlier  submissions  on this 
subject, 
Having  regard  to the opinion  issued  by the Section 
for Agriculture  at its meeting  on 19 January  1978, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr Wick, 
Having  regard  to the discussions  at its 155th  plenary 
session  held  on 1 and  2 February  1978  (meeting  of 2 
February  1978), 
8. 4. 78 Official  Journal  of the  European  Communities No C 84/5 
HAS  ADOPTED  THE  HOLLOWING  OPINION 
unanimously: 
The Economic  and  Social  Committee  approves  the 
three  draft  Directives  subject  to the  comments  set out 
below. 
1. General  comments 
LI. The  Committee  broadly  endorses  the 
Commission's  moves  to extend,  and  close  obvious 
gaps  in, the legislation  on livestock  feedingstuffs. 
Among  the  aims  of such  moves  should  be  the 
breaking  down  or  elimination  of  distortions  of 
competition  between  the  Community's  Member  States 
and ensuring  supplies  of  high-quality  livestock 
products  for  the  consumer. 
1.2. The  Committee  is conscious  of the  fact  that 
these  aims  can  only  partly  be realized  by the  existing 
legislation  and  the  new  feedingstuff  proposals.  A 
comprehensive  solution  requires  that  a start  urgently 
be made  on harmonizing  provisions  in the  fields  of 
veterinary  activity,  medicated  feed  and  the  checking 
for residues  in livestock  production.  In addition,  in 
special  cases  consideration  could  be given  to physical 
and book-keeping  checks  on  special  medicinal 
substances. 
More  broadly,  care  should  be taken  to ensure  that 
pesticides  and  feed  additives  do nor  pollute  the  soil, 
and thus  threaten  to impair  the  food  chain. 
1.3. Here  the  general  point  should  be stressed  that 
whatever  legislation  is enacted,  it must  be enforceable 
and what  is more  must  later  be actually  complied 
within  the  national  sphere.  Here  a high  priority  is to 
be given  to expansion  of the  enforcement  system, 
covering  imported  as  well  as  home-produced 
feedingstuffs.  The  Member  States  should  be required 
to back  up  the  implementation  of  Directives  by 
notifying  the  Commission  of the  control  measures 
taken. 
2. Specific  comments  on the  proposal  for  a Council 
Directive  concerning  certain  products  used  in 
animal  nutrition 
2.1. The  question  which  immediately  comes  to the 
Committee's  mind  is whether  it would  not  be possible  and  more  sensible  from  the  point  of view  of 
clarity  and  ease  of reference,  to cover  manufactured 
single-cell  proteins,  NPN  protein  substitutes  and 
amino-acids  under  one  of the  existing  instruments, 
such  as: 
— the  EEC  Directive  on the  marketing  of straight 
feedingstuffs, 
— the  Directive  on additives  in feedingstuffs, 
— the  Directive  setting  limits  on  the  amounts  of 
undesirable  substances  in feedingstuffs. 
2.2. However,  in the  light  of the  explanations 
given  by the  Commission,  the  Committee  accepts  that 
a separate  Directive  is necessary  for  practical  reasons. 
The amendments  proposed  under  2.3  to 2.5  are  put 
forward  on this  basis. 
2.3. Article  11 
It is desirable  that  the  checking  procedures  referred 
to here  be specific  and  that  checking  be carried  out  in 
a uniform  manner  throughout  the  Community. 
2.4. Article  16 
Notwithstanding  the  date  given  here,  it is expected 
that a reasonable  transitional  period  of  one-
and-a-half  years  be  allowed  between  adoption  of 
the Directive  by the  Council  and  incorporation  in 
national  law. 
2.5. Annex  1 
2.5.1.  As  no  toxicological  problems  arise  in 
relation  to amino-acids,  it is recommended  — and, 
here,  the  Committee  would  cite  in support  the 
explanatory  memorandum  preceding  the  Directive  — 
that the  amino-acid  group  be  taken  out  of  the 
Directive  and  dealt  with  elsewhere.  The  provisions 
governing  this  group  should  at  all  events  leave 
indication  of  the  names  of  the  substances  in 
compound  feedingstuffs  optional  so as not  to increase 
manufacturing  costs  without  any  compensating 
influence  on the  quality  of the  manufactured  feed. 
2.5.2.  The  Committee  ask  for  clarification  of the 
term  'technically  pure'  in paragraphs  3.1,  3.3  and  3.4 
NoC84/6 Official  Journal  of the  European  Communities K.4.  7W 
of Annex  1. If necessary,  the  procedure  of Article  6 
(3) of the  draft  Directive  should  be set in motion  in 
order  to determine  the  meaning  of this  term. 
3. Specific  comments  on  the  proposal  for  a third 
Council  Directive  amending  the  Directive  on 
additives  in animal  feedingstuffs 
3.?. Article  6 
It is suggested  that  the  term  'recognized  feedingstuffs 
manufacturer'  be more  closely  defined  so that  it is 
used  in the same  sense  throughout  the  Community. 
3.2. Article  7 (2) 
Indication  of  the  EEC  number  and  registration 
number  on the  product  would  involve  difficulties  for 
manufacturers.  As is the  fact  stated,  this  information 
is of no interest  to farmers,  but  solely  of use  to the 
enforcement  agencies.  Checking  on  the  source  of 
supply  and  use  of the  listed  additives  could  be carried 
out by  looking  at manufacturers'  books.  Taking 
account  also  of imports,  the  Committee  suggests 
insertion  of the  following  paragraph  6: 
'6. The  following  paragraph  is  added  to 
paragraph  2: 
"Where  additives  referred  to in paragraph  1 
(a) and  (c)  of Article  10 (antibiotics,  growth 
promoters,  coccidiostats  and  other  medicinal 
substances)  are  used,  the  indication  of origin 
(EEC  number  and  registration  number)  on the 
packaging  or  label  as  required  by  the 
abovementioned  provisions  may  instead  be 
given  on  a document  accompanying  the 
product.  This  also  applies  to  products 
marketed  in bags.  Where  the  product  is not  to 
leave  the  Member  State  concerned,  it shall  be 
sufficient  for the  EEC  number  and  registration 
number  to be recorded  in the  books  of the 
manufacturer  of the  feedingstuff."  ' 
3.3. Article  13 
Notwithstanding  the  date  given  here,  it is expected 
that a reasonable  transitional  period  of  one-
and-a-half  years  be  allowed  between  adoption  of 
the Directive  by the  Council  and  incorporation  in 
national  law. 4. Specific  comments  on the  proposal  for  a Council 
Directive  amending  the  Directive  fixing  maximum 
permitted  levels  of  undesirable  substances 
and products  in  feedingstuffs  and  amending 
Directive  70/373/EEC  introducing  Community 
methods  of sampling  and  analysis  for  the  official 
control  of feedingstuffs 
4.1. Article  1 (5) provides  for  exemption  from  or 
suspension  of the  limits  given  in the  Annex  for 
fodder  produced  and  fed  to stock  on the  same  farm, 
where  this  does  not  cause  harm  to animal  or human 
health. 
At first  sight  the  questionable  wording  of the  last 
phrase  is designed  to make  the  use  of contaminated 
fodder  in known  problem  areas,  e.g.  where  there  is 
pollution  from  factory  emissions,  subject  to 
restrictions,  in other  words  to bring  this  matter  under 
official  control,  transferring  responsibility  from  the 
individual  farmer  to the  government. 
The Committee  would  suggest  the  following  addition 
to Article  1 (5): 
'3. ...  to be exceeded  in the  case  of fodder 
which  is produced  in an agricultural  enterprise 
and used  there  in the  same  state,  where  this  is 
necessary  for  particular  local  reasons  and  there  is 
no danger  to  health.  The  Member  States 
concerned  shall  see  to it that  such  enterprises  are 
kept  under  special  surveillance  to ensure  that 
not threat  is posed  to animal  or public  health.  The 
Member  States  shall  notify  the Commission  of the 
steps  taken.' 
4.2. /  (7; 
The Committee  calls  upon  the  Commission  to verify 
that the  content  of products  listed  in the  Annex  can 
be checked  on,  with  special  reference  to group  12. 
4.3. Article  3 
Notwithstanding  the  date  given  here,  it is expected 
that a reasonable  transitional  period  of one-and-a-half 
years  be allowed  between  adoption  of the  Directive 
by the  Council  and  incorporation  in national  law. 
Done  at Brussels,  2 February  1978. 
The Chairman 
of the  Economic  and  Social  Committee 
Basil  de IT RRAN  11