Proposal for a Council Directive on the circulation of feed materials amending Directives 70/524/EEC, 74/63/EEC, 80/511/EEC, 82/471/EEC, 82/475/EEC, 91/357/EEC, 91/516/EEC, 92/87/EEC and 93/74/EEC as well as repealing Directive 77/101/EEC (94/C 236/08) (Text with EEA relevance) COM(94) 313 final - 94/0180(CNS)

(Submitted by the Commission on 20 July 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas in the framework of the production, processing and consumption of agricultural products, feed materials play an important role in agriculture;

Whereas in the light of a growing attention for quality, efficiency and environment the role of feedingstuffs in agriculture still will gain in importance;

Whereas in view of this development, rules governing the circulation of feed materials are important to realize sufficient transparency throughout the feed chain, increasing the quality of agricultural production, particularly livestock production;

Whereas Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs (1), as last amended by Directive 90/654/EEC (2), lays down rules for the marketing of straight feedingstuffs; whereas Member States so far had different traditions as regards regulating the marketing of raw materials; whereas therefore Directive 77/101/EEC permits Member States in certain cases to establish derogative rules;

Whereas these derogations have led to a situation where in some Member States Directive 77/101/EEC regulates the marketing of both straight feedingstuffs and raw-feed materials and in other Member States the marketing of only straight feedingstuffs, the latter providing a loophole for straight feedingstuffs which can be sold as raw-feed materials, not submitted to any regulation;

Whereas in the light of the effective functioning of the Single Market, the existing discrepancies on Member State level shall no longer be maintained; whereas in the light of the scope to be covered, Directive 77/101/EEC should be replaced by a new regulation;

Whereas straight feedingstuffs and raw-feed materials are to such an extent similar and close to each other that in order to ensure a consistent integration of the scope of this Directive they should be included in one category 'feed materials`;

Whereas in order to achieve the desired transparency throughout the entire feed chain, this Directive covers the 'circulation` of feed materials;

Whereas satisfactory results in livestock production depend to a large extent on the right use of suitable, good quality feed materials; whereas feed materials must therefore always be wholesome, unadulterated and of merchantable quality; whereas they must neither represent a danger to animal or human health nor be marketed in a manner liable to mislead;

Whereas many products can have either a feed or a non-feed destination, the feed destination has to be made clear by a destinational labelling requirement at the time when they are brought for this purpose into circulation;

Whereas the circulation of feed materials in many cases occurs in bulk consignments, whether or not split up in several units; whereas the circulation of feed materials mostly is accompanied by documents such as invoices and waybills; whereas these papers may be used as 'accompanying document` as indicated in Article 5 of this Directive; whereas this only is permitted if in all stages of circulation the identification and mutual reference of (the units of) the consignment and the accompanying document is assured adequately e.g. by using appropriate reference numbers or reference signs;

Whereas feed materials can differ in sanitary and nutritive quality, a clear distinction between the different feed materials has to be made by exposing them, when entering into circulation, to a labelling requirement indicating the respective specific names;

Whereas it is necessary to provide the respective buyers or users of feed materials in the feed chain with accurate and meaningful, additional information, such as the quantities of those constituents having a direct effect on the quality of the feed material; whereas it is necessary to avoid failure on the seller's side to declare analytical constituents with a view of protecting smaller buyers vainly claiming this information and to avoid useless costs caused by unnecessary multiplying analyses just before the end of the feed chain whereas certain Member States face difficulties in controlling at farm level; whereas under these circumstances provisions on the declaration of constituents is required at the beginning of the feed chain;

Whereas this requirement is not strictly necessary in case of assured deliveries to registered compound feed manufacturers disposing of the necessary equipment permitting to determine the composition of feed materials being used, since the declaration of amounts of analytical constituents of compound feeds has to comply with the provisions laid down by Council Directive 79/373/EEC (3), as last amended by Directive 93/74/EEC (4); whereas this should be made clear by a specific destinational labelling requirement;

Whereas the circulation of feed materials from and between farmers for the very major part consists of harvested products of vegetable origin, in their natural natural state, fresh or preserved, whether or not subjected to a simple physical treatment such as chopping or grinding and not treated with additives; whereas for reasons of general knowledge of the characteristics of these products and practicability no constituent declaration on an accompanying document - such as the invoice - should be required; whereas this should be required after treatment of these products with additives as such a treatment may change the chemical composition and nutritional value;

Whereas feed materials of animal origin are sold in small quantities on many retail selling places frequently for feeding purposes to pet animals; whereas for reasons of general knowledge of the characteristics of these products and practicability no constituent declaration should be required;

Whereas when definitive reliable data on analytical constituents are not directly available, in particular of feed materials from third countries which are put for the first time in circulation in the Community, for reasons of avoiding unnecessary blockades in harbours and road/railway conjunctions, the possibility should be given to provide the final confirmation of provisionally declared data within six working days;

Whereas several basic Community regulations provide for lists of ingredients and feed materials;

Whereas for practical considerations and in order to assure consistency and legal efficiency, a list of main-feed materials, similar to those already adopted in comparable areas, should be established;

Whereas this list cannot be exhaustive owing to the great diversity of products and by-products which may be circulated and used, to the constant development of food technology and to the need not to restrict the choice of manufacturers and farmers; whereas it is possible to allow the circulation of feed materials other than those included in abovementioned list provided that they are designated by specific names preventing any confusion with feed materials qualifying for a name established at Community level;

Whereas feed materials containing higher amounts of undesirable substances and products as indicated for straight feedingstuffs in Annex I of Council Directive 74/63/EEC (5), as last amended by Directive 93/74/EEC, should only for further processing be delivered to registered compound feed manufacturers with adequate processing equipment; whereas this should be made clear by a specific destinational labelling requirement;

Whereas the change of a list of the main-feed materials is a measure of scientific nature;

Whereas the list contained in Part B of Annex I of the present Directive should be used for the circulation of feed materials of all destinations as well as for the labelling of feed materials used in compound feeds;

Whereas Commission Directive 92/87/EEC of 26 October 1992 establishing a non-exclusive list of the main ingredients normally used and marketed for the preparation of compound feedingstuffs intended for animals other than pets (6), provides for a list of ingredients for labelling requirements of compound feedingstuffs; whereas measures should be taken in order to ensure that Directive 92/87/EEC is repealed with the entry into force of Parts A and B of Annex I of this Directive;

Whereas in order to improve unambiguity and comparability in international feed identification and feed data exchange, the Commission should be entrusted with the task of adopting implementary provisions, when appropriate, with a view to introducing an easily retrievable international coding system for feeds, based on glossaries of the feed-facets origin, part, process, maturity/quality;

Whereas, in order to facilitate the adoption of implementing measures, the procedure introducing cooperation between the Member States and the Commission within the Standing Committee for feedingstuffs should be followed;

Whereas it is important to ensure that the accuracy of the declarations made can be officially verified in a uniform way throughout the Community, in accordance with the relevant provisions laid down in the Directive, at all stages of circulation of the feed materials;

Whereas the introduction of this Council Directive leads to the elimination of the terms 'straight feedingstuffs`, 'raw materials (ingredients)`, 'raw materials` and 'ingredients`; whereas these terms have to be replaced in existing EC feed legislation, in particular in the Council Directives 70/524/EEC (7), 74/63/EEC, 80/511/EEC (8), 82/471/EEC (9), 82/475/EEC (10), 91/357/EEC (11), 91/516/EEC (12), 92/87/EEC and 93/74/EEC (13) by the term 'feed materials`, and where appropriate the definition of 'feed materials` has to be replaced by the definition as given in this Directive; whereas this also has an impact on the definition of compound feedingstuffs;

Whereas 'mixtures of feed materials`, other than those explicitly listed as a feed material, are considered as 'semi-manufactured compound feedingstuffs`; whereas Directive 79/373/EEC should be amended as appropriate;

Whereas feed materials containing higher amounts of undesirable substances and products as indicated for straight feedingstuffs in Annex I of Directive 74/63/EEC should only be delivered to registered compound feed manufacturers; whereas these undesirable substances and products, with the exception of Aflatoxin, Cadmium and Arsenic and the accompanying feed materials, including indicated exceptions, have to be listed in Annex II, Part B of Directive 74/63/EEC.

Whereas on grounds of an efficient protection of animal and human health as well as an effective functioning of the Internal Market action should be taken on Community level;

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive shall apply to feed materials in circulation within the Community.

2. This Directive shall apply without prejudice to other Community provisions in the field of animal nutrition.

Article 2

For the purposes of this Directive the following definition shall apply:

(a) 'feed materials`: various products of vegetable or animal origin, in their natural state, fresh preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for use for oral animal feeding, whether as such or in a processed form, in the preparation of compound feedingstuffs or as carriers of premixtures;

(b) 'putting into circulation` ('circulation`): the holding of feed materials with a view to their sale or other form of transfer to third parties, whether free or in return for payment, as well as the sale and other forms of transfer themselves.

Article 3

Member States shall prescribe that feed materials may only be circulated in the Community if they are wholesome, unadulterated and of merchantable quality. They shall prescribe that feed materials must not represent a danger to animal or human health and must not be presented in a manner liable to mislead.

Article 4

Member States shall prescribe that the general provisions laid down in Part A of Annex I shall apply to the circulation of feed materials.

Article 5

1. Member States shall prescribe that feed materials may not be circulated unless the particulars listed below which shall be clearly visible, legible and indelible and for which the producer, packer, importer, seller or distributor, established within the Community, shall be held responsible, are shown on an accompanying document or where appropriate on the packaging, on the container or on a label attached thereto:

(a) the words 'feed material`;

(b) the name of the feed material and where appropriate the other requirements according to the provisions laid down in Article 7;

(c) for feed materials listed in part B of Annex I, the particulars laid down in part B column 4 of Annex I;

(d) for feed materials which are not listed in part B of Annex I, the particulars as indicated in column 2 of the table of Part C of Annex I;

(e) where appropriate, the particulars laid down in Part A of Annex I;

(f) the net quantity expressed in units of mass in the case of solid products, and in units of mass or volume in the case of liquid products;

(g) the name or business name and the address or registered place of business of the person responsible for the particulars referred to in this paragraph.

2. Other information may be given on packaging, containers, labels and accompanying documents provided that such information relates to objective or quantifiable factors which can be substantiated and cannot mislead the purchaser.

3. For quantities of feed materials less than 10 kg, intended for the final user, the particulars as referred to in paragraph (1) and (2) may be brought to the purchaser's attention by means of an appropriate notice at the point of sale.

4. In the case where an accompanying document is established for a consignment, whether or not to be split up in several units, the identification and mutual reference of the entire consignment and its accompanying document has to be assured adequately during all stages of circulation.

5. Where the particulars referred to in paragraph 1 (b), (c), (d), (e) or (f) in respect of a consignment have been changed during circulation, such changes must be declared by the business or person responsible in accordance with paragraph 1 (g).

Article 6

By way of derogation from Article 5, the indications referred to in Article 5 (1) (c) and (d) and Part A of Annex I V (2) and (3), are not required when:

(a) it is assured that feed materials will be delivered to compound feed manufacturers, which are registered on a national list according to Article 13 of Council Directive 70/524/EEC; they may, however, be provided.

In the case where the indications according to Article 5 (1) (c) and (d) are not provided, the indication referred to in Article 5 (1) (a) shall be replaced by 'feed material for registered compound feed manufacturers` and the name and address of the destined registered compound feed manufacturer shall be declared.

(b) products of vegetable origin, after harvest, in their natural state, fresh or preserved, whether or not subjected to a simple physical treatment and not treated with additives, are put into circulation;

(c) feed materials of animal origin, fresh or preserved, whether or not subjected to a simple physical treatment, in quantities smaller than 10 kg, intended for the final user and destined for pets, are put into circulation;

(d) provisional data, indicating minimum or maximum guaranteed levels, are provided of feed materials from third countries which for the first time are put into circulation in the Community, under condition that it is assured that the final data will be given within six working days. In the case provisional data are provided the indication 'provisional data under investigation by (14), under (15), to be confirmed before (16)`, shall be added.

Article 7

1. Member States shall prescribe that feed materials listed in Part B of Annex I may only be circulated under the names specified therein and on condition that they correspond to the descriptions and any compositional requirements which are laid down therein.

2. Member States shall allow the circulation of feed materials other than those on the list referred to in paragraph (1), provided that names are used other than those listed which in this context cannot mislead the purchaser.

Article 8

Member States shall prescribe that:

(a) feed materials containing a higher level of undesirable substances and products than permitted for feed materials as laid down in Directive 74/63/EEC, may only be put into circulation for use by registered compound feed manufacturers, which are registered on a national list according to Article 13 (3) of Directive 70/524/EEC.

(b) feed materials according to paragraph (a) must be labelled by derogation from Article 5 (1) (a) as 'feed material for registered compound feed manufacturers` .

Article 9

For the purpose of trade within the Community, the indications printed on an accompanying document, on the packaging, on the container or on a label attached thereto shall be given in a language easily understood by the purchaser, or , shall be provided by any other appropriate means. This does not prejudice the use of more than one language for those indications.

Article 10

Member States shall ensure that feed materials are not subject, for reasons concerning the provisions included in this Directive, to restrictions regarding the circulation other than those provided for by this Directive.

Article 11

In accordance with the procedure laid down in Article 14:

(a) may be adopted a code-numbering-system for the listed feed materials based on glossaries concerning the origin, part, process and maturity/quality of the feed materials, supportinginternational feed identification - in particular name and description;

(b) may be amended Annex I in the light of advances in scientific and technical knowledge.

Article 12

Member States shall make all necessary arrangements for official inspection during circulation, at least by sampling, in order to ensure compliance with the requirements of this Directive.

Article 13

The Commission shall be assisted by the Standing Committee for Feedingstuffs, set up by Council Decision 70/372/EEC (17), hereinafter referred to as 'the Committee`.

Article 14

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 15

1. Directive 70/524/EEC is amended as follows:

1. The term 'straight feedingstuffs` in each case shall be replaced by 'feed materials`;

2. Article 2 (f) shall be replaced by the following:

'(f) "feed materials": various products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for use for oral animal feeding, whether as such or in a processed form, in the preparation of compound feedingstuffs or as carriers of premixtures;`;

3. Article 2 (g) shall be replaced by the following:

'(g) "compound feedingstuffs": mixtures of feed materials, which are intended for oral animal feeding as complete or complementary feedingstuffs;`.

2. Directive 74/63/EEC is amended as follows:

1. The term 'straight feedingstuffs` in each case shall be replaced by 'feed materials`;

2. Article 2 (b) shall be replaced by the following:

'(b) "feed materials": various products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for use for oral animal feeding, whether as such or in a processed form, in the preparation of compound feedingstuffs or as carriers of premixtures;`;

3. Article 2 (h) shall be replaced by the following:

'(h) "compound feedingstuffs": mixtures of feed materials, which are intended for oral animal feeding as complete or complementary feedingstuffs;`;

4. Article 2 (i) shall be replaced by the following:

'(i) "feed materials for registred compound feed manufacturers": various products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for the preparation of compound feedingstuffs or as carriers of premixtures;`;

5. The term 'raw materials` in each case is replaced by 'feed materials for registered compound feed manufacturers`;

6. The term 'raw material` in each case is replaced by 'feed material for registered compound feed manufacturers` ;

7. The term 'straight feedingstuff` in Article 3 bis (2) is replaced by 'feed material`;

8. The Annex II of Directive 74/63/EEC is amended as shown in the Annex II hereto.

3. Directive 80/511/EEC is amended as follows:

The term 'ingredients` in Article 1 (2) (b) is replaced by 'feed materials`.

4. Directive 82/471/EEC is amended als follows:

In Article 1 (2):

1. the wording 'of straight feedingstuffs and` in point (d) is deleted;

2. a new paragraph (g) is added as follows:

'(g) the circulation of feed materials.`

5. Directive 82/475/EEC is amended as follows:

1. The term 'ingredients` in each case is replaced by 'feed materials`;

2. The term 'ingredient` in the fifth recital is replaced by 'feed material`.

6. Directive 91/357/EEC is amended as follows:

1. The term 'ingredient` in Article 1 is replaced by 'feed material`;

2. The term 'ingredients` in each case is replaced by 'feed materials`.

7. Directive 91/516/EEC is amended as follows:

The term 'ingredients` in each case is replaced by 'feed materials`.

8. Directive 92/87/EEC is amended as follows:

1. The term 'ingredient` in each case is replaced by 'feed material`;

2. The term 'ingredients` in each case is replaced by 'feed materials`.

9. Directive 93/74/EEC is amended as follows:

1. The term 'ingredients` in Article 5 point 8 is replaced in each case by 'feed materials` ;

2. Article 2 (b) shall be replaced by the following:

'(b) "compound feedingstuffs": mixtures of feed materials, which are intended for oral animal feeding as complete or complementary feedingstuffs;`

Article 16

Directive 77/101/EEC shall be repealed.

Article 17

Member States shall bring into force not later than 30 June 1997 the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive. They shall forthwith inform the Commission thereof.

When Member States adopt the provisions, these shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The procedures of making such a reference shall be adopted by the Member States.

Article 18

The adopted provisions shall apply as from 1 July 1997.

Member States shall, however, lay down that feed materials brought into circulation before 1 July 1997 which do not comply with this Directive may still be in circulation until 30 June 1998.

Article 19

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 20

This Directive is addressed to the Member States.

(1) OJ No L 32, 3. 2. 1977, p. 1.

(2) OJ No L 353, 17. 12. 1990, p. 48.

(3) OJ No L 86, 6. 4. 1979, p. 30.

(4) OJ No L 237, 22. 9. 1993, p. 23.

(5) OJ No L 38, 11. 2. 1974, p. 31.

(6) OJ No L 319, 4. 11. 1992, p. 19.

(7) OJ No L 270, 14. 12. 1970, p. 1.

(8) OJ No L 126, 21. 5. 1980, p. 14.

(9) OJ No L 213, 21. 7. 1982, p. 8.

(10) OJ No L 213, 21. 7. 1982, p. 27.

(11) OJ No L 193, 17. 7. 1991, p. 34.

(12) OJ No L 281, 9. 10. 1991, p. 23.

(13) OJ No L 237, 22. 9. 1993, p. 23.

(14) The name and address of the analysing laboratory.

(15) Reference number under which the analyses of the final data occurs.

(16) Date of the sixth working day after the date on which the provisional data have been provided.

(17) OJ No L 170, 3. 8. 1970, p. 1.

ANNEX I

PART A General

I. EXPLANATORY NOTES

1. Feed materials are listed and named in Part B according to the following criteria:

- the Origin of the product/by-product e.g. vegetable, animal, mineral,

- the Part of the product/by-product used e.g. whole, seeds, tubers, bones,

- the Processing to which the product/by-product has been subjected e.g. decortication, extraction, heating and/or the resulting product/by-product e.g. flakes, bran, pulp, fat,

- the Maturity of the product/by-product and/or the quality of the product/by-product e.g. 'low in glucosinolate`, 'rich in fat`, 'low in sugar`.

2. The list is divided into 12 chapters.

1. Cereals grains, their products and by-products

2. Oil seeds, oil fruits, their products and by-products

3. Legume seeds, their products and by-products

4. Tubers, roots, their products and by-products

5. Other seeds and fruits, their products and by-products

6. Forages and roughage

7. Other plants, their products and by-products

8. Milk products

9. Land animal products

10. Fish, other marine animals, their products and by-products

11. Minerals

12. Miscellaneous.

II. PROVISIONS REGARDING BOTANICAL PURITY

1. The botanical purity of the products and by-products listed in Part B and Part C shall not be less than 95 %, unless a different level has been laid down in Part B or Part C.

2. The following are considered as botanical impurities:

(a) natural but innocuous impurities (e.g. straw and straw waste, seeds of other cultivated species or weeds);

(b) harmless residues of other oil seeds or oleaginous fruit derived from a previous manufacturing process, the level of which does not exceed 0,5 %.

3. The levels indicated refer to the weight of the product as such.

III. PROVISIONS REGARDING NAMING

Where the name of a feed material includes a word or words in brackets, the bracketed word(s) may be included or omitted as an option; e.g. soy (bean) oil may be declared as soy bean oil or soy oil.

IV. PROVISIONS REGARDING THE GLOSSARY

The glossary given below refers to main processes used for the preparation of feed materials mentioned in Part B and Part C of the Annex. When the names of these feed materials include a common name or term from this glossary, the process to be used must be in accordance with the given definition.

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V. PROVISIONS REGARDING LEVELS INDICATED OR TO BE DECLARED AS SPECIFIED

1. The levels indicated or to be declared relate to the weight of the feed material, unless otherwise stated.

2. The feed material's moisture content must be stated if it exceeds 14,5 % of the weight of the feed material, unless otherwise stated. In the case of feed materials with a moisture content not exceeding the limits indicated above, that content may also be declared.

3. The level of ash insoluble in hydrochloric acid of feed materials must be stated if it exceeds 2,2 % in the dry matter.

VI. PROVISIONS REGARDING DENATURING AND BINDING AGENTS

Where the products referred to in Column 2 of Part B or Column 1 of Part C of the Annex are used to denature or bind feed materials, the following information must be given:

- denaturing agents: nature and quantity of the products used,

- binding agents: nature of the products used.

In the case of binding agents, the quantity of the products used may not exceed 3 % of the total weight.

VII. PROVISIONS REGARDING MINIMUM TOLERATED LEVELS INDICATED OR TO BE DECLARED AS SPECIFIED IN PART B AND C

Where, on official inspection pursuant to Article 12 of the Directive, the composition of a feed material is found to depart from the declared composition in a manner such as to reduce its value, the following minimum tolerances are permitted:

(a) for crude protein:

- 2 units for declared contents of 20 % or more,

- 10 % of the declared content for declared contents of less than 20 % but not less than 10 %,

- 1 unit for declared contents of less than 10 %;

(b) for total sugars, reducing sugars, sucrose, lactose and glucose (dextrose):

- 2 units for declared contents of 20 % or more,

- 10 % of the declared content for declared contents of less than 20 % but not less than 5 %,

- 0,5 unit for declared contents of less than 5 %;

(c) for starch and inulin:

- 3 units for declared contents of 30 % or more,

- 10 % of the declared content for declared contents or less than 30 % but not less than 10 %,

- 1 unit for declared contents of less than 10 %;

(d) for crude oils and fats:

- 1,8 units for declared contents of 15 % or more,

- 12 % of the declared content for declared contents of less than 15 % but not less than 5 %,

- 0,6 unit for declared contents of less than 5 %;

(e) for crude fibre:

- 2,1 units for declared contents of 14 % or more,

- 15 % of the declared content for declared contents of less than 14 % but not less than 6 %,

- 0,9 unit for declared contents of less than 6 %;

(f) for moisture and crude ash:

- 1 unit for declared contents of 10 % or more,

- 10 % of the declared content for declared contents of less than 10 % but not less than 5 %,

- 0,5 unit for declared contents of less than 5 %;

(g) for total phosphorus, sodium, calcium carbonate, calcium, magnesium, acid index and matter insoluble in light petroleum:

- 1,5 units for declared contents (values) of 15 % (15) or more, as appropriate,

- 10 % of the declared content (value) for declared contents (values) of less than 15 % (15), but not less than 2 % (2), as appropriate,

- 0,2 unit for declared contents (values) of less than 2 % (2) as appropriate;

(h) for ash insoluble in hydrochloric acid and chlorides expressed as NaCl:

- 10 % of the declared content for declared contents of 3 % or more,

- 0,3 unit for declared contents of less than 3 %;

(i) for carotene, vitamin A and Xanthophyll:

- 30 % of the declared content;

(j) for methionine, lysine and volatile nitrogenous bases:

- 20 % of the declared content.

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ANNEX II

Directive 74/63/EEC is amended as follows:

In Part B of Annex II in Column (1) and Column (2), respectively all the indesirable substances and products, except Aflatoxin, Cadmium and Arsenic of column 1 of Annex I, and the accompanying feed materials including indicated possible exceptions of column 2 of Annex I are listed.