Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials` () (1999/C 101/19)

On 29 October 1998 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 January 1999. The rapporteur was Mr Bento Gonçalves.

At its 360th plenary session (meeting of 28 January 1999), the Economic and Social Committee adopted the following opinion by 53 votes to six with three abstentions.

1. Introduction

1.1. Scope and legal basis of the proposal

1.1.1. Scope of the proposal

General objective: to extend the scope of the directive to the circulation and use of raw materials for animal feedingstuffs (feed materials), with the ultimate aim of creating the conditions to guarantee that they are 'sound, genuine and of merchantable quality` and as such do not represent a danger to animal or human health or to the environment. To this end, the scope of Directive 96/25/EC is extended in order to allow the Member States, under the terms of Council Directive 95/53/EC, to introduce official inspection procedures not only for the circulation and use of feed materials for the compound feedingstuffs industry, but also for distributors trading in these materials and livestock farmers who produce feed materials and use them directly on their farms.

1.1.2. Legal basis

The legal basis for this proposal is Article 100a of the Treaty.

2. Gist of the proposal

2.1. The proposal amends Directives 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials.

2.1.1. Directive 96/25/EC, once amended, will legally cover:

- putting feed materials into circulation and also their use. That is, it will cover producers, transporters and dealers of feed materials, manufacturers of compound feedingstuffs and livestock farmers, whether they use manufactured compound feedingstuffs or make direct use of feed materials.

2.1.2. Veterinary medicinal products and feedingstuff additives are not dealt with in this directive.

3. General comments

3.1. The ESC approves of the proposed amendments because they constitute another step towards achieving the above-mentioned general objectives. It also feels that the right conditions are being created to improve the tracking of feed materials from origin right up to the end user: this is particularly important for materials which entail potential public health risks.

3.2. The ESC nevertheless considers that there is an urgent need in some areas to go further towards restoring consumer confidence in products of animal origin, particularly beef. In particular, it believes that technical, objective and harmonized criteria must be established between Member States to make it clear which feed materials qualify as being 'sound, genuine and of merchantable quality`.

3.3. The ESC also thinks that the Member States should adopt supervisory measures ensuring full compliance with the provisions of Directive 96/25/EC concerning feed materials which may not be circulated or used, thereby enhancing the image of livestock production and boosting consumer confidence.

3.3.1. To facilitate national controls, the Commission must make it clear what it means when it says that feed materials must not represent a threat to the environment.

4. Specific comments

4.1. Directive 79/373/EEC

4.1.1. Article 1(1)

Article 5(1) para. k) makes it mandatory for establishments to have official approval or an allocated registration number. This requirement will enter into force on 1 April 2001.

4.1.2. Article 1(4)

This amendment makes it mandatory for Member States to incorporate the definitive list drawn up by the Commission into national legislation.

4.2. Directive 96/25/EC

4.2.1. Article 2(1) and (2)

The title of the directive is amended to include the term 'use`, so that it legally covers 'the circulation and use of feed materials`.

4.2.2. Article 2(3)

This introduces legal cover for the use of feed materials, so as to preclude any danger to the environment.

4.2.3. Article 2(4)(g)

It is proposed to modify paragraph g) of Article 5(1) of Directive 96/25/EC to make it mandatory for firms producing or marketing meat meal to include labels or other identifying marks on the packaging which refer to the firm and feed materials used. These must specify the name or business name and the address or registered place of business of the producing establishment, the approval number and the batch reference number or any other particulars which ensure that the feed material can be traced.

4.2.3.1. Article 2(4)(h)

This paragraph refers to those feedingstuff producers not covered by paragraph g).

4.2.4. Article 2(5)

a) Technical adjustment.

b) This point will be divided into paragraphs b) and c). The aim is to adopt a list of feed materials of which both circulation and use are prohibited.

c) This paragraph is designed to allow adoption of new amendments to the annex and to the list referred to in point b), in the light of advances in scientific and technical knowledge.

4.2.5. Articles 3 and 4

These adjustments require no comment.

5. Conclusions

5.1. The ESC feels that the proposed changes to the directives are essential in order to provide closer tracking of feed materials from origin to end users, and to extend quality requirements to feed materials produced and directly used by producers on their own farms.

5.2. The ESC, however, believes that the amendments are insufficient to achieve the ultimate aim of strengthening human health protection and restoring consumer confidence, particularly with regard to beef.

- For example, the Committee would support a universal ban on mammalian meat and bonemeal in animal feedstuffs.

- Farmers should be provided with full labelling of each ingredient in the feed they buy.

The Committee therefore feels that further initiatives aiming, in particular, to establish objective quality criteria for feed materials which are technically sound and apply in all Member States, are urgently needed.

5.3. The ESC also thinks that the term 'use` must be more precisely defined. Otherwise it is not clear what control measures Member States are to carry out in order to monitor use of feed materials on farms. This matter should be clarified in the process of amending the relevant directives.

Brussels, 28 January 1999.

The President of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

() OJ C 261, 19.8.1998, p. 3.