26.9.84 Official Journal of the European Communities No C 258/7 
Proposal for a Council Directive amending Directive 74/63/EEC on the fixing of 
maximum permitted levels for undesirable substances and products in feedingstuffs, 
Directive 77/101/EEC on the marketing of straight feedingstuffs and Directive 
79/373/EEC on the marketing of compound feedingstuffs 
COM(84) 445 final 
(Submitted by the Commission to the Council on 14 September 1984) 
(84/C 258/06) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, for the reasons set out hereafter, 
amendments should be made to Council Directives 
74/63/EEC O, 77/101/EEC O and 79/373/ 
EEC (J), as last amended by Commission Directives 
..., 83/87/EEC (4) and 82/957/EEC (5) respectively; 
Whereas the definitions of straight feedingstuffs and 
the various types of compound feedingstuffs in the 
above Directives should be aligned on the new 
definitions in the Third Council Directive amending 
Directive 70/524/EEC concerning additives in 
feedingstuffs (6); 
Whereas it should be made clear that the provisions 
of Directives 74/63/EEC, 77/101/EEC and 
79/373/EEC are without prejudice to the provisions 
of Council Directive 82/471 /EEC of 30 June 1982 
concerning certain products used in animal 
nutrition (7); 
Whereas Directive 74/63/EEC concerns undesirable 
substances and products in feedingstuffs; whereas, 
therefore, the maximum permitted levels laid down 
in the Annex to that Directive do not apply to the 
raw materials used for manufacturing compound 
feedingstuffs; 
(*) OJ No L 38, 11. 2. 1974, p. 31. 
O OJNoL32, 3. 2. 1977, p. 1. 
(3) OJ No L 86, 6. 4. 1979, p. 30. 
(4) OJNoL56, 3. 3. 1983, p. 31. 
(s) OJ No L 386, 31. 12. 1982, p. 42. 
(6) Directive in process of adoption by Council. 
O OJ No L 213, 21.7. 1982, p. 8. Whereas the presence of certain undesirable sub­
stances and products in raw materials may, if they 
exceed a certain threshold, carry serious risks for 
animal and human health unless certain precautions 
are taken when they are used; 
Whereas some Member States have already fixed 
maximum permitted levels or taken other steps to 
limit the presence of certain undesirable substances in 
raw materials; whereas such measures differ and 
constitute hindrances to the free movement of raw 
materials in the Community; whereas, therefore, the 
relevant provisions should be harmonized; 
Whereas Directive 74/63/EEC constitutes an appro­
priate framework for adopting such measures; 
Whereas, in order to ensure that certain particularly 
undesirable substances are not present in 
feedingstuffs, it is necessary not only to limit their 
presence in raw materials to an acceptable level but 
also to reserve the use of contaminated raw materials 
to manufacturers of compound feedingstuffs in order 
to ensure that the necessary dilutions are performed 
to guarantee compliance with the maximum permitted 
levels laid down in the Directive for feedingstuffs; 
Whereas certain raw materials must also be appro­
priately marked if the quantity of the undesirable 
substance or product exeeds the maximum level 
permitted for straight feedingstuffs; whereas this 
measure is necessary in order to ensure that raw 
materials are not delivered to stockbreeders; 
Whereas, moreover, it seems justified to permit 
Member States to extend the labelling provisions laid 
down in this Directive to all raw materials if the level 
of undesirable substances exceeds the level permitted 
for straight feedingstuffs; 
Whereas the fixing of maximum permitted levels for 
undesirable substances and products in relation to 
animal nutrition constitutes a technical implementing 
measure; whereas, consequently, the procedure 
provided for in Directive 74/63/EEC for amending 
maximum permitted levels of undesirable substances 
No C 258/8 Official Journal of the European Communities 26.9. 84 
and products in feedingstuffs should also apply to raw 
materials; 
Whereas close cooperation must be established for 
notifying Member States of cases of non-compliance 
with Community provisions in order to facilitate 
supervision of the implementation of Directive 74/63/ 
EEC; 
Whereas the experience gained in the implementation 
of Directive 79/373/EEC shows the need to improve 
the labelling of compound feedingstuffs in certain 
cases; whereas, more specifically, it is necessary to lay 
down special labelling provisions for compound 
feedingstuffs for domestic pets to ensure that users 
are informed as to the properties of such products, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 74/63/EEC is hereby amended as follows: 
1. The title of the Directive is replaced by the 
following: 
'Council Directive on the fixing of maximum 
permitted levels for undesirable substances and 
products in relation to animal nutriton'. 
2. In Article 1: 
(a) paragraph 1 is replaced by the following: 
'1. This Directive deals with the laying 
down of maximum permitted levels for 
undesirable substances and products in 
relation to animal nutrition, as listed in the 
Annexes.' 
(b) The following point (e) is added to paragraph 
2: 
'(e) certain products used in animal 
nutrition'. 
3. In Article 2: 
(a) points (a), (b) and (h) are replaced by the 
following: 
'(a) "feedingstuffs": products of vegetable or 
animal origin, in their natural state, fresh 
or preserved, and products derived from 
the industrial processing thereof, as well 
as organic or inorganic substances, used 
singly or in mixtures, whether or not 
containing additives, for oral animal 
feeding; 
(b) "straight feedingstuffs": the various 
vegetable or animal products in their 
natural state, fresh or preserved, and 
products derived from the industrial processing thereof, as well as the various 
organic or inorganic substances, whether 
or not containing additives, intended as 
such for oral animal feeding; 
(h) "compound feedingstuffs": mixtures of 
products of vegetable or animal origin in 
the natural state, fresh or preserved, and 
products derived from the industrial 
processing thereof, or of organic or 
inorganic substances, whether or not 
containing additives, for oral animal 
feeding in the form of complete 
feedingstuffs or complementary 
feedingstuffs;'; 
(b) The following point (i) is added after point 
(h): 
'(i) "raw materials (ingredients)": products 
of vegetable or animal origin, in their 
natural state, fresh or preserved, and 
products derived from the processing 
thereof, as well as organic or inorganic 
substances, whether or not containing 
additives, intended for the manufacture 
of compound feedingstuffs.' 
4. In Article 3: 
(a) in paragraph 1, the words 'in the Annex' are 
replaced by 'in Annex F; 
(b) paragraph 2 is deleted; 
(c) paragraph 3 becomes paragraph 2 and the 
words 'in the Annex' are replaced by 'in 
Annex F. 
5. The following Article 3a is inserted: 
'Article 3a 
1. Member States shall prescribe that the raw 
materials listed in Annex II may be marketed only 
if their content of the undesirable substance or 
product referred to therein does not exceed the 
maximum level laid down in column 3 of that 
Annex. 
2. Where the undesirable substance or product 
listed in column 1 of Annex II exceeds the 
maximum level laid down in Annex I in respect of 
the straight feedingstuff, the raw material listed in 
column 2 of Annex II may, without prejudice to 
paragraph 1, be marketed if: 
(a) it is intended for use by recognized manufac­
turers of compound feedingstuffs, and 
(b) it is accompanied by a document: 
— bearing the words "reserved exclusively 
for recognized manufacturers of 
compound feedingstuffs; not to be fed 
unprocessed to livestock", and 
26.9.84 Official Journal of the European Communities No C 258/9 
— indicating the content of the undesirable 
product or substance. 
3. Member States may stipulate that the 
provisions of paragraph 2, points (a) and (b) shall 
also apply: 
(a) to raw materials other than those listed in 
column 2 of Annex II; 
(b) to raw materials containing undesirable subs­
tances or products listed in Annex I, other 
than those referred to in Annex II, 
if the content of any undesirable substance or 
product present in those raw materials exceeds 
the level fixed in Annex I for straight 
feedingstuffs'. 
6. In Article 4, the words 'in this Directive' are 
replaced by 'in Annex F. 
7. In Article 5: 
(a) Paragraph 1 is replaced by the following: 
'1. Where a Member State considers that a 
maximum content fixed in Annex I or II, or a 
substance or product not listed therein, 
presents a danger to animal or human health, 
that Member State may provisionally reduce 
that content, fix a maximum content or 
prohibit the presence of that substance or 
product in feedingstuffs or raw materials. It 
shall advise the other Member States and the 
Commission without delay of the measures 
taken and at the same time give its reasons.'; 
Article 2 
Directive 77/101/EEC is hereby amended as follows: 
1. In Article 1 (2): 
(a) Point (b) is replaced by the following: 
'(b) the fixing of maximum permitted levels 
for undesirable substances and products in 
relation to animal nutrition'; 
(b) the following point (d) is added: 
'(d) certain products used in animal nutrition.' (b) in paragraph 2, the words 'the Annex' are 
replaced by 'the Annexes'. 
8. In Article 6, the words 'to the Annex' are 
replaced by 'the Annexes'. 
9. In Article 7 the words 'and raw material' are 
inserted after the word 'feedingstuffs'. 
10. In Article 8: 
(a) paragraph 1 is replaced by the following: 
'1. Member States shall take all necessary 
measures to ensure that feedingstuffs and raw 
materials are officially controlled, at least by 
random sampling, to verify whether the 
conditions laid down in this Directive are 
satisfied.'; 
(b) the following paragraph 3 is added: 
'3. Member States shall notify other 
Member States and the Commission of any 
refusal of importation of raw materials for 
failure to comply with the provisions of this 
Directive, together with details concerning 
the identity of the product'. 
11. In Article 11 the words 'and raw materials' are 
inserted after the the word 'feedingstuffs'. 
12. The Annex becomes Annex I. 
13. The following Annex II is added: 
2. Article 2 is replaced by the following: 
'Article 2 
For the purposes of this Directive, "straight 
feedingstuffs" shall mean the various products of 
vegetable or animal origin, in the natural state, 
fresh or preserved, and products derived from the 
industrial processing thereof as well as various 
organic or inorganic substances, whether or not 
containing additives, intended as such for oral 
animal feeding.' 'Annex II 
Substances, products 
1 
1. Aflatoxin B 1 Raw materials 
2 
Raw materials of vegetable 
origin Maximum content in mg/kg (ppm] 
of raw materials, referred 
to a moisture content of 12 % 
3 
0,3' 
No C 258/10 Official Journal of the European Communities 26.9.84 
Article 3 
Directive 79/373/EEC is hereby amended as follows: 
1. In Article 1 (2): 
(a) Point (c) is replaced by the following: 
'(c) the fixing of maximum permitted levels 
for undesirable substances and products in 
relation to animal nutrition'; 
(b) the following point (f) is added: 
'(f) certain products used in animal nutrition.' 
2. In Article 2, points (a) and (b) are replaced by the 
following: 
'(a) "feedingstuffs": products of vegetable or 
animal origin in the natural state, fresh or 
preserved, and products derived from the 
industrial processing thereof, as well as 
organic or inorganic substances, used singly 
or in mixtures, whether or not containing 
additives, for oral animal feeding; 
(b) "compound feedingstuffs": mixtures of 
products of vegetable or animal origin in the 
natural state, fresh or preserved, and products 
derived from the industrial processing thereof, 
or of organic or inorganic substances, whether 
or not containing additives, for oral animal 
feeding in the form of complete feedingstuffs 
or complementary feedingstuffs.' 
3. In Article 5: 
(a) in paragraph 1: 
(aa) point (a) is replaced by the following: 
'(a) the description "compound feed-
ingstuff", "complementary feeding-
stuff", "mineral feedingstuff", or 
"molassed feedingstuff", as appro­
priate'; 
(bb) the following point (h) is added: 
'(h) the code number of the producer, 
where the latter is not responsible for 
the labelling particulars'; 
(b) in paragraph 4: 
(aa) point (a) is replaced by the following: 
'(a) the description "liquid complemen­
tary feedingstuff" if the feedingstuff 
is in liquid form;'; 
(bb) in the first sentence of subparagraph (f), 
the words 'and the content of the 
products mentioned in the Annex to 
Directive 82/471/EEC, unless such parti­
culars, are already required under the 
said Directive's provisions', shall be 
inserted after 'compound feedingstuffs'; (c) in paragraph 6, the following point (g) is 
added: 
'(g) the description "liquid complementary 
feedingstuff" if the feedingstuff is in 
liquid form;'; 
(d) paragraph 8 is replaced by the following: 
'8. Information other than that stipulated or 
allowed by Member States under the terms of 
this Directive may appear on packaging, 
containers, labels and accompanying 
documents provided that it is keept clearly 
separate and that it is not inconsistent with the 
provisions on marking set out in paragraphs 1 
to 7 and in Article 5a.' 
4. The following Article 5a is inserted: 
'Article 5a 
Without prejudice to the provisions of Article 5, 
Member States shall stipulate that the labelling of 
compound feedingstuffs for pet animals: 
(a) may draw particular attention to the presence 
or low content of one or more ingredients that 
are essential for the characteristics of the 
feedingstuff. In such case the minimum or 
maximum content expressed in percentage 
respectively of the ingredient(s) in question 
must be clearly indicated either opposite the 
statement drawing particular attention to it or 
them or in the list of ingredients or by 
mentioning it or them and the percentage(s) 
concerned opposite the corresponding 
category of ingredients; 
(b) may give precise information on the pres­
entation of the feedingstuff or on the 
processing that it has undergone (for example: 
paste, croquettes, deep-frozen); 
(c) may include claims, provided that: 
— they are not such as to mislead the 
purchaser by attributing to the feedingstuff 
properties that it does not possess or by 
suggesting that it possesses special char­
acteristics when in fact all similar 
feedingstuffs possess such characteristics, 
— they relate to objective or quantifiable 
factors and can therefore be substantiated, 
— that no claim is made that the feedingstuff 
will prevent, treat or cure a disease.' 
26. 9. 84 Official Journal of the European Communities No C 258/11 
5. In the Annex, the following points are added: 
'6.5. Contents as regards analytical constituants 
for liquid complementary feedingstuffs: 
— crude protein, 
— total sugar, expressed as sucrose, 
— moisture, 
— crude ash, 
— phosphor, 
— calcium, 
— sodium, 
— density, 
— magnesium, 
— potassium, 
— energetic value, calculated according to 
an officially recognized method. 
8.3. Contents as regards analytical constituants 
for liquid complementary feedingstuffs: 
— crude protein, — total sugar, expressed as sucrose, 
— moisture, 
— crude ash, 
— phosphor, 
— calcium, 
— sodium, 
— density, 
— magnesium, 
— potassium, 
— energetic value, calculated according to 
an officially recognized method.' 
Article 4 
Member States shall bring into force on 1 July 1986 
the laws, regulations and administrative provisions 
necessary to comply with this Directive. They shall 
forthwith inform the Commission thereof. 
Article 5 
This Directive is addressed to the Member States.