Amended proposal for a European Parliament and Council Directive amending Council Directive 93/74/EEC on feedingstuffs intended for particular nutritional purposes and amending Directives 74/63/EEC, 79/373/EEC and 82/471/EEC (1) (98/C 273/06) COM(1998) 484 final - 97/0208(COD)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 27 July 1998)

In response to the opinion delivered by the European Parliament at its plenary session of 19 February 1998 on the proposal for a European Parliament and Council Directive amending Council Directive 93/74/EEC on feedingstuffs intended for particular nutritional purposes and amending Directives 74/63/EEC, 79/373/EEC and 82/471/EEC, in accordance with Article 189a(2) of the Treaty establishing the European Community, the Commission has decided to amend the above proposal as follows:

1. After the first recital, the following recitals are added:

'whereas nutritional supplements have been on the market for some years in certain Member States and whereas a European list should be established enumerating recognised nutritional objectives in the various Member States;

whereas, unlike feedingstuffs intended for particular nutritional purposes, nutritional supplements are added to ordinary feedingstuffs without taking their place and are therefore used for short periods only;`.

2. Article 2(1)(d) and (e) are replaced by the following:

'(d) nutritional supplements for animals:

shall mean preparations comprising substances with an exclusively nutritional purpose which, by virtue of their nature, concentration or specific conditions of use are intended to be administred to animals orally in addition to their daily feed so as to meet temporarily increased needs in certain breeding or living circumstances and cannot be considered as complementary feedingstuffs or feedingstuffs for particular nutritional purposes.

(e) particular nutritional purpose:

shall mean the purpose of satisfying the specific nutritional needs of certain pets or productive livestock whose process of assimilation, absorption or metabolism could be temporarily impaired or is temporarily or irreversibly impaired and are therefore able to derive benefit from an adjustment of their nutrition appropriate to their condition`.

3. Article 3 is replaced by the following:

'Article 3

1. The Member States shall require that the feedingstuffs intended for a particular nutritional purpose be intended for a dietetic nutritional purpose within the meaning of Article 2(e).

2. The Member States shall require that nutritional supplements for animals:

- achieve the nutritional purposes as defined in Article 2(e).

They shall in particular require that nutritional supplements for animals do not contain medicines or antibiotic additives, growth promoters, coccidiostats or medicinal substances.

Furthermore, with a view to entry on the list of authorised uses of nutritional supplements for animals in accordance with Article 8, nutritional purposes shall:

- be intended to meet temporarily nutritional needs lasting no more than seven days in the case of species or categories of animal, the products from which are intended for human consumption,

and

- not be achieved by a simple change in the composition of ordinary compound feedingstuffs of by a feedingstuff intended for a particular nutritional purpose.

3. The nature, composition and method of administration of feedingstuffs for particular nutritional purposes and of nutritional supplements for animals shall be such that they are appropriate for the intended purpose`.

4. Article 6(1)(b) is replaced by:

'(b) the precise use, i. e. dietetic nutritional purpose`.

(1) OJ C 298, 30.9.1997, p. 10.