COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 5 10 f mal 
Brussels, 2 1 October 1993 
Proposal for a 
COUNCIL DIRECTIVE 
fixing the principles governing 
the organisation of inspections in the 
field of animal nutrition 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
The purpose of this proposal is to lay down at Community level the 
principles governing the organization of inspections in the field of 
animal nutrition. 
Experience gained since the adoption of the basic directives in this 
sector has shown that close collaboration is needed between Member 
States with regard to inspections if the internal market is to operate 
smoothly. Animal nutrition is the largest of all livestock sectors, 
accounting for more than 60% of agricultural income in the Community. 
A framework of Community rules on the organization of official 
inspections in this sector is necessary given the considerable economic 
importance of feedingstuffs, the importance of scientific, technical and 
administrative aspects and the requirements of free movement of goods, 
as well as the need to protect human and animal health. 
Given the particular situation with regard to animal nutrition, it seems 
advisable to lay down more detailed rules for implementing official 
inspections of feedingstuffs than those for official inspection of 
foodstuffs under Council Directive 89/397/EEC. In this context, in 
particular, account must be taken of potential danger to the health of 
consumers of animal products (e.g. the dangers linked to the use of raw 
materials containing undesirable substances such as heavy metals or the 
illegal use of substances in animal fattening). 
With this in mind, the primary objective of this draft proposal is to 
create a climate of mutual confidence between Member States so that 
inspections can be kept to the strict minimum required to safeguard 
health. 
The proposal is based on the following principles. 
1. All products and substances used in animal nutrition should be 
covered. 
2. Certain general principles are introduced (equivalence, regularity 
and proportionality of inspections) (Articles 3 and 4). 
3. Systematic documentary and identity checks and random physical checks 
on imports from third countries (Articles 5 to 7). 
4. Intensified inspections at the place of origin and checks at the 
destination within the framework of the internal market (Articles 8 
to 11). 
5. Establishment of cooperation between the Member States where 
infringements are discovered (Articles 12 and 13) and the 
introduction of checks on holdings (Article 14). 
6. Provision is made for measures to be taken after inspections, the 
settlement of disputes and protective measures (Articles 6, 11 and 15 
to 19). 
7. Recommendations concerning inspection programmes coordinated at 
Community level and the freedom of Member States regarding actual 
implementation (Articles 21 and 22). 
It should be noted that a great deal of latitude has been left for 
national measures. The principle of subsidiarity is therefore 
respected, since the rules provide above all a framework within which 
the Member States are free to make their own arrangements regarding the 
implementation of checks. 
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Proposal for a 
COUNCIL DIRECTIVE 
fixing the principles governing 
the organisation of inspections in the 
field of animal nutrition 
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^1), 
Having regard to the opinion of the European Par Iiament^2), 
Having regard to the opinion of the Economic and Social Committee^3), 
Whereas animal nutrition has become a very important aspect of Community 
agr iculture; 
Whereas fixing at Community level the principles governing the organization 
of official inspections in the field of animal nutrition helps safeguard 
public and animal health and protect the interests of consumers; 
Whereas detailed rules must be laid down for the organisation of official 
inspections of feedingstuf fs in view of the very wide range of products 
used, the large volume of consignments of goods commercially traded, the 
integrated structure of the sector and, in particular, the need to ensure 
both the wholesomeness of the feedingstuff to be consumed by animals and the 
quality of the foodstuff; 
Whereas, in order to attain the desired objective, the rules laid down in 
this Directive must cover all products and substances used in animal 
nutrition in the Community; whereas inspections should therefore be 
organized to cover products imported into or marketed in the Community-, 
Whereas, to be effective, inspections must be carried out regularly; whereas 
they must not be restricted as to the subject, stage or moment at which they 
are carried out; whereas they must take the most suitable forms to ensure 
their effectiveness; 
Whereas, in order to ensure that inspection procedures are not evaded, it is 
necessary to provide that Member States shall not exclude a product from 
appropriate inspection on the grounds that it is intended for export outside 
the Community; 
Whereas products from third countries must be subject to documentary and 
identity checks on entry into the Community territory; 
Whereas principles should be laid down to govern the organization of and 
steps to be taken following the physical checks to be carried out by the 
competent authorities; whereas, in this context, the issue of a certificate 
stating that checks have been carried out is justified; 
(1) OJ No 
(2) OJ No 
(3) OJ No 
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Whereas, with regard to intra-Communlty trade, emphasis should be placed on 
the checks to be carried out at the place of dispatch and in limiting those 
that could be carried out at the destination with a view to eliminating 
checks at the Community's internal borders; 
Whereas this solution requires greater confidence in the inspections carried 
out by the Member State of dispatch; whereas the dispatching Member State 
must ensure that such checks are carried out in an appropriate fashion; 
Whereas, in the Member State of destination, spot checks could be carried 
out at the place of destination; whereas, however, in the event of 
presumption of irregularity, the check could, exceptionally, be carried out 
while the products are in transit; 
Whereas provision should be made for action to be taken where a check 
discloses that a consignment is irregular; 
Whereas provision should be made for a procedure to settle disputes which 
may arise concerning consignments; 
Whereas provision must be made for protective measures*, whereas, for reasons 
of effectiveness, such measures should primarily be the responsibility of 
the Member State of dispatch; whereas the Commission must be able to take 
action, particularly by making on-the-spot visits and adopting measures 
appropriate to the situation; 
Whereas, although undertakings should not have the right to oppose 
inspections, their legitimate rights must nevertheless be preserved, in 
particular the right to manufacturing secrecy and the right of appeal; 
Whereas the authorities responsible for inspections may differ from one 
Member State to another; whereas it is therefore desirable to publish a list 
of the competent authorities in the field in each Member State, with an 
indication of the territories for which they are competent and the 
laboratories authorized to carry out analyses in connection with such 
inspect ions; 
Whereas, although it is primarily for the Member States to lay down their 
inspection programmes, it is necessary, with a view to the proper 
functioning of the internal market, to arrange also for coordinated 
programmes at Community level; 
Whereas the Commission should be entrusted the task of adopting measures for 
applying this Directive, 
HAS ADOPTED THIS DIRECTIVE: 
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Article 1 
1. This Directive fixes the principles governing the organisation of 
inspections in the field of animal nutrition. 
2. This Directive shall apply without prejudice to: 
- the Community customs rules, 
- the Community rules on safeguard measures. 
Art icle 2 
1 For the purposes of this Directive the following definitions shall 
apply: 
a) "official inspection in the field of animal nutrition", hereinafter 
called "inspection" means an inspection by the competent authorities 
of the compliance, in particular, of: 
- raw mater ials, 
- straight feedingstuffs, 
- compound feedingstuffs, 
- feedingstuffs intended for particular nutritional purposes, 
- additives used in animal nutrition, 
- si I age agents, 
- certain products used in animal nutrition 
with provisions aimed at preventing risks to public and animal 
health, guaranteeing fair commercial transactions or protecting 
consumer interests, including provisions on consumer information. 
b) "documentary check" means verification of the documents accompanying 
a product; 
c) "identity check" means verification, by visual inspection only, for 
consistency between the documents, the labelling and the products-, 
d) "physical check" means a check of the product itself, possibly 
including sampling and laboratory testing; 
e) "import" means the entry of products from third countries into the 
customs territory of the Community; 
f) "importer" means any natural or legal person who presents products 
for importation into the Community; 
g) "product" means feedingstuffs and all substances used in animal 
nutr it ion; 
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h) "competent authority" means the central authority of a Member State, 
empowered to carry out checks, or any authority to which it has 
delegated such powers; 
I) "establishment" means any undertaking which produces, manufactures, 
stores, processes or packaging products; 
2. The definitions given in the Community legislation relating to the field 
of animal nutrition apply where appropriate. 
Art icle 3 
1. Member States shall take all the necessary measures to ensure that 
inspections are carried out in accordance with this Directive. 
2. Member States shall not exclude a product from appropriate inspection on 
the grounds that it is intended for export outside the Community. 
Art icle 4 
1. Inspections shall be carried out : 
a) at regular intervals; 
b) where non-compliance is suspected. 
2. Inspections shall be carried out using means proportionate to the 
desired objective, particularly by means of auditing systems based on 
r i sk ana lysis. 
3. Inspections shall cover all stages of production, manufacture, import, 
processing, storage, transport, distribution and marketing of these 
products. 
They shall also cover uses prohibited in relation to animal nutrition. 
4. As a general rule, inspections shall be carried out without prior 
warning. 
5. The competent authority shall, in each case, select the stage or stages 
as listed in paragraph 3 most appropriate for the intended purpose of 
the inspection. 
CHAPTER I 
IMPORTS FROM THIRD COUNTRIES 
Article 5 
Notwithstanding Article 4(1), Member States shall take all the necessary 
steps to ensure that imported products are subjected by the competent 
authorities to a documentary and identity check in order to verify: 
- their nature, 
- their origin, 
- their geographical destination. 
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Article 6 
1. Member States shall ensure the conformity of products by means of random 
physical checks. 
2. Where the checks show that products do not meet the conditions laid down 
in Article 1(2), Member States shall prohibit their importation into and 
order their redispatch out of the Community territory. 
3. However, before taking this step, the competent authorities may, if 
circumstances permit, allow the Importer or his representative the 
cho i ce 
(a) in the case of serious infringements: 
- of destroying the products in the territory of the Member State 
where the check was carried out; 
- of using the products for other purposes; 
- of decontaminating them where appropriate; 
(b) in the case of minor infringements: 
- of regularizing the position within a deadline to be determined. 
4. The costs incurred in the redispatch, destruction, decontamination or 
use for other purposes of the products shall be borne by the importer or 
his representative. 
Article 7 
1. Where the competent authority decides to reject products, it shall 
inform the Commission and the other Member States of its decision, 
indicating the infringements found. 
2. In order to avoid the duplication of checks in the Member State of 
destination, where products are not intended to be released for 
circulation in the territory of the Member State where the check was 
carried out, the competent authority which performed the physical check 
shall provide the person concerned with certificates indicating the type 
of check carried out and its outcome. Commercial documents shall contain 
a reference to this certificate. 
However, the right of the Member State of destination to carry out 
random chacks on products shall not be affected. 
3. For the purposes of p&ragraph 2, a standard certificate shall be adopted 
in accordance with the procedure laid down in Article 24 before 1 
January 1995. 
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CHAPTER II 
TRADE WITHIN THE COMMUNITY 
Article 8 
Member States shall take all necessary measures to ensure that products 
intended for dispatch to another Member State are inspected with the same 
care as those intended for marketing on their own territory. 
SECTION I 
CHECKS AT ORIGIN 
Art icle 9 
1. Exporting Member States shall ensure that the competent authority 
carries out checks on establishments in order to satisfy itself that 
they meet their obligations under the Community rules and that products 
intended for trade comply with Community requirements. 
2. Where there are grounds for suspecting that requirements are not being 
met, the competent authority shall carry out the necessary checks and, 
if the suspicion is confirmed,, take the appropriate measures. 
SECTION M 
CHECKS AT THE DESTINATION 
Article 10 
1. The competent authority of the Member State of destination may, at 
places of destination, check the compliance of products by means of non-
disciminatory random checks. 
2. In addition, where the competent authority of the Member State of 
transit or the Member State of destination has information leading it to 
suspect an infringement, checks may also be carried out during the 
transport of products in its territory. 
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Article 11 
1. If, during a check carried out at the place of destination of a 
consignment or during transport, the competent authorities of a Member 
State establish the non-compliance of the products, they may, where 
circumstances permit, give the consignor, the receiver or any other 
person so entitled, the choice: 
(a) in the case of a serious infringement: 
- of destroying the products, 
- of using the products for other purposes, including returning 
them with the authorization of the competent authority of the 
country of the establishment of origin, or 
- of decontaminating them where applicable; 
(b) in the case of a minor infringement: 
- regularizing the situation within a deadline to be determined. 
2. The costs incurred in the redispatch, destruction, decontamination or 
use for other purposes of the products shall be borne by the consignor, 
the receiver or any other person so entitled. 
SECTION Ml 
COOPERATION IN CASES OF INFRINGEMENT 
Article 12 
In the cases provided for in Article 11, the competent authority of the 
Member State of destination shall contact the competent authorities of the 
Member State of dispatch without delay. The latter authorities shall take 
all necessary measures and notify the competent authority of the former 
Member State of the nature of the checks carried out, the decisions taken 
and the reasons for such decisions. 
If the authority of the Member State of destination fears that such measures 
are inadequate, the competent authorities of the two Member States shall 
together seek ways and means of remedying the situation; if appropriate this 
may involve an on-the-spot inspection. 
Where the checks provided for in Article 11 show repeated irregularities, 
the competent authority of the Member State of destination shall inform the 
Commission and the competent authorities of the other Member States. 
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Article 13 
1. The Commission, at the request of the competent authority of the Member 
State of destination or on its own initiative, and taking into account 
the nature of the infringements established, may : 
- send representatives, after informing the authorities of the Member 
State concerned and after inviting the competent authorities of that 
Member State to accompany them or after receiving an invitation from 
the said authorities, 
- request the competent authority to intensify its checks on the 
products of the establishment concerned. 
2. It shall inform the Member States of its findings. 
Pending the Commission's findings, the Member State of dispatch must, if 
so requested by the Member State of destination, intensify checks on 
products coming from the establishment in question. 
The Member State of destination may, for its part, intensify checks on 
products coming from the same establishment. 
3. Without delay the Commission shall review the situation within the 
committee referred to in Article 23. It may adopt the necessary 
decisions in accordance with the procedure laid down in Article 25; 
including those relating to intra-Community movements of products. 
SECTION IV 
INSPECTIONS ON HOLDINGS 
Article 14 
Member States shall ensure that the competent authority has access to places 
where agricultural production is carried in order to check that the 
conditions for production and use of products are complied with. 
CHAPTER I I I 
GENERAL PROVISIONS 
Article 15 
1. Member States shall ensure that inspections are carried out in such a 
way that delays in the delivery of products are minimized and that 
inspections do not result in unjustified obstacles to the marketing 
thereof. 
2. They shall provide that officials responsible for controls shall be 
subject to professional confidentiality. 
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Article 16 
1. Products may be sampled for the purpose of analysis. 
Member States shall adopt the provisions necessary: 
- to ensure that those subject to checks are entitled to a second 
op i n i on ; 
- to preserve samples; 
2. Analyses shall be carried out by official laboratories. 
Member States may also authorize other laboratories to carry out such 
analyses. 
3. Member States shall ensure that sampling and analysis are carried out in 
accordance with Community rules. 
However, in the absence of Community rules and methods, Member States 
shall take the necessary steps to ensure that inspections are carried 
out : 
in accordance with standards recognized by international bodies; 
- in the absence of such standards, in accordance with national rules 
which comply with the general principles of the Treaty. 
4. Detailed rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 24. 
Article 17 
Member States shall adopt the appropriate laws or administrative measures to 
penalize any infringement of Community rules by natural or legal persons 
where it is found that Community rules have been infringed. 
Article 18 
Rights of appeal existing under the laws in force in the Member States 
against decisions by the competent authorities shall not be affected by this 
Direct iva. 
Decisions taken by the competent authority and the reasons for such 
decisions shall be notified to the operator concerned by such decisions or 
his representative. 
If the operator concerned or his representative so requests, the said 
decisions and reasons shall be communicated to him in writing with details 
of the rights of appeal which are available to him under the law in force in 
the Member State performing the checks and of the procedure and time limits 
applI cable. 
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Article 19 
1. In the case of dispute between two Member States or between a Member 
State and an operator established in another Member State the two 
parties concerned may, if they so agree, within a maximum period of one 
month, submit the dispute for the assessment of an expert whose name 
appears on a list of Community experts to be drawn up by the Commission. 
2. Detailed rules for the application of this Article shall be adopted in 
accordance with the procedure laid down in Article 24. 
Article 20 
Each Member State shall communicate to the Commission: 
the competent authority or authorities, their geographical coverage and 
their sphere of competence, 
the laboratory or laboratories approved by the competent authorities and 
responsible for carrying out analyses connected with the inspections. 
These lists shall be published in the C Series of the Official Journal of 
the European Communities. 
Article 21 
Member States shall assign a central department or body to coordinate 
implementation of the inspections provided for in this Directive. In 
particular, that department or body shall be responsible for: 
drawing up the plans enabling the competent departments to carry out the 
required inspections, 
coordinating the activities of regional departments responsible for 
carrying out inspections, 
collecting the results of those inspections and the data which must be 
sent to the Commission. 
Article 22 
1. Member States shall draw up a plan setting out the national measures to 
be taken to achieve the aim of this Directive. 
These plans must take into account the specific situation of each Member 
State and specify the type and frequency of the inspections, which must 
be performed regularly. 
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2. Before 30 November each year, the Member States shall transmit to the 
Commission all relevant information concerning the implementation of the 
plans referred to in paragraph 1 during the previous year, specifying: 
- the criteria used in drawing up the plans; 
- the number and type of inspections carried out; 
- the number and type of infringements found. 
3. Before 30 November each year, and before 30 November 1995 for the first 
time, the Commission shall make a recommendation to the Member States, 
after having consulted them within the Standing Committee for 
Feedingstuffs, concerning a coordinated inspection programme for the 
following year. This recommendation may be amended at a later date as 
required by the implementation of the coordinated programme. 
The coordinated programme shall indicate, in particular, the priority 
criteria to be followed for its implementation. 
The information provided for in paragraph 2 shall contain a separate 
section specifically concerning implementation of the coordinated 
programme. 
Article 23 
The Commission shall be assisted by the Standing Committee for 
Feedingstuffs, set up by Council Decision 70/372/EEC of 20 July 1970, 
hereinafter referred to as "the Committee". 
Article 24 
Where the procedure laid down in this Article is to be followed, the 
following provisions shall apply: 
The representative of the Commission shall submit to the Committee a draft 
of the measures to be taken. The Committee shall deliver its opinion on the 
draft within a time limit which the chairman may lay down according to the 
urgency of the matter, if necessary by taking a vote. 
The opinion shall be recorded in the minutes-, in addition, each Member State 
shall have the right to ask to have its position recorded in the minutes. 
The Commission shall take the utmost account of the opinion delivered by the 
Committee. It shall inform the Committee of the manner in which its opinion 
has been taken into account. 
Article 25 
Where the procedure laid down in this Article is to be followed, the 
following provisions shall apply.. 
The representative of the Commission shall submit to the Committee a draft 
of the measures to be taken. The Committee shall deliver its opinion on the 
draft within a time limit which the chairman may lay down according to the 
urgency of the matter. 
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The opinion shall be delivered by y he majority laid down in Article 148(2) 
of the Treaty in the case of decisions which the Council is required to 
adopt on a proposal from the Commission. The votes of the representatives of 
the Member States within the Committee shall be weighted in the manner set 
out in that Article. The Chairman shall not vote. 
The Commission shall adopt the measures envisaged if they are in accordance 
with the opinion of the Committee. 
If the measures envisaged are not in accordance with the opinion of the 
Committee, or if no opinion is delivered, the Commission shall without delay 
submit to the Council a proposal relating to the measures to be taken. The 
Council shall act by a qualified majority. 
If, on the expiry of a period to be specified in each act adopted by the 
Council pursuant to this paragraph but which may under no circumstances 
exceed three months from the date of referral to the Council, the Council 
has not acted, the Commission shall adopt the proposed measures. 
Article 26 
1. Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive not 
later than 1 January 1995. They shall forthwith inform the Commission 
thereof. The provisions adopted shall apply from 1 January 1995. 
When these measures are adopted by the Member States, they shall contain 
a reference to this Directive or shall be accompanied by such reference 
on the occasion of their official publication. The methods of making 
such a reference shall be laid down by the Member States. 
2. Member States shall communicate to the Commission the text of the 
provisions of national law which they adopt in the area covered by this 
Direct ive. 
Article 27 
This Directive is addressed to the Member States. 
Done at 
For the CounciI 
The President 
- AL, 
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