COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)369 final 
Brussels, 14 October 1991 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 74/63/EEC 
concerning undesirable substances 
in animal feedingstuffs 
(presented by the Commission) 

EXPLANAIOR.Y MEMORANDUM 
Experience has demonstrated that it is necessary to amend certain 
provisions of Council Directive 74/63/EEC of 17 December 1973 concerning 
undesirable substances and products in animal nutrition, in order to 
improve the safety of the use of animal feedingstuffs. 
With regard to the scope of the Directive, it appears necessary to extend, 
the definition of the term 'animal' to species living freely in the wild. 
This extension is essential in order to avoid feeds which are unsuitable 
for use in feedingstuffs for farm animals being distributed, in winter for 
example, to game or other animals living in the wild. 
In order to avoid certain manipulations of raw materials, before their 
marketing, provision has been made to specify that the maximum levels fixed 
for undesirable substances and products apply from the moment of the entry 
into circulation of the raw materials, in the same spirit it is clearly 
indicated that the practice of mixing consignments with different levels of 
contamination in order to keep within the levels is prohibited. 
On several occasions it has been brought to the notice of the official 
authorities that undesirable substances or products have been present in 
such proportions, that it was totally out of the question to use the raw 
material concerned in animal nutrition. To remedy this situation it seems 
useful to introduce in the Directive the principle that raw materials must 
be wholesome, unadulterated and of merchantable quality; furthermore, it is 
suitable to prohibit the putting into circulation of raw materials, which 
taking account of their high content of undesirable substances, would 
irreparably lead to an excess of the limits set for compound feedingstuffs. 
A certain serious incident has demonstrated, that the information system 
put into place to alert the competent authorities to consignments of raw 
materials or feedingstuffs which do not conform to the legislation should 
be improved. 
7 
It is absolutely essential that the national control services are informed, 
by the operators, equally in the case where they have noticed an excess of 
the maximum levels, and even when they have taken the initiative to destroy 
the merchandise. Such information, is necessary to be sure that the 
establishment, authorised to carry out the destruction, does not put the 
contaminated merchandise back into circulation, and that the merchandise is 
not responsible for serious contamination. 
Given that certain substances present in animal feedingstuffs are not 
always completely absorbable, it is necessary to provide a provision which 
allows the possibility of indicating in the annexes, with regard to the 
substances concerned, where a method exists of correctly measuring the 
amount of the absorbable element. 
PROPOSAL FOR A COUNCIL DIRECTIVE 
amending Directive 74/63/EEC concerning undesirable substances 
in animal feedingstuffs 
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 Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas experience has demonstrated that there are grounds for amending 
certain provisions of Directive 74/63/EEC^1), as last amended by Council 
Directive 91/132/EEC<2>; 
Whereas, moreover, the restriction of the field of application of Directive 
74/63/EEC to animals belonging to species normally nourished and kept or 
consumed by man does not rule out that feedingstuffs containing undesirable 
substances or products might occasionally by distributed to animals living 
freely in the wiId; 
Whereas, in consequence, it is advisable that the definition of the term 
"animals" covers, in the future, species living freely in the wild in order 
that all animal feedingstuffs conform with the health requirements 
prescribed by Directive 74/63/EEC; 
(1) O.J. No. L 38 Of 11.2.1974, p. 31. 
(2) O.J. No. L 66 of 13.03.1991, p. 16. 
•h 
Whereas certain undesirable substances as products are sometimes present in 
feeds as raw materials destned for annimal feeds in a form, which in part, 
is non absorbable, whereas in these cases the maximum levels provided in 
the Annexes must take into account the absorbable element, in so far as 
this can be determined by an internationally recognized method. 
Whereas it is advisable to establish a principle according to which raw 
materials used in animal feedingstuffs must be safe, wholesome and of 
merchantable quality-, whereas therefore the use must be prohibited of raw 
materials which contain too high a level of undesirable substances or 
products leading to an irreparable excess of the maximum levels for 
compound feeds fixed in Annex I of the Directive. 
Whereas Directive 74/63/EEC has fixed maximum levels for substances or 
products particularly undesirable in certain raw materials; whereas for 
such a restriction to have full effect, namely a reduction in the total 
quantity of undesirable substances ingested by animals, it is advisable to 
state clearly that the measure applies to all consignments put into 
circulation in the Community and therefore it is forbidden to mix severely 
contaminated consignments with lightly contaminated or even non-
contaminated consignments in order to respect the maximum levels set by the 
Direct ive. 
Whereas experience has demonstrated that the information system put in 
place by the Directive by the official control bodies should be improved so 
that Member States are informed equally by the operators in the case where 
the provisions of the Directive are not respected; whereas in such a case 
Member States will, if appropriate, be obliged to assure the destruction of 
the affected consignment of raw materials, or feedingstuffs, if this has 
been decided; 
r-
HAS ADOPTED THIS DIRECTIVE 
Article 1 
Directive 74/63/EEC is amended as follows : 
1. Article 1, point f) is replaced by the text below : 
"f) animals: animals belonging to species normally nourished and kept 
or cnosumed by man as well as animals living freely in the wild 
in the case where they are nourished, for some part, with animal 
feedingstuf fs-," 
2. The following paragraph is added to Article 3 
"3. In the case where it is established that a substance mentioned in 
Annex I as Annex II is present in certain feedingstuffs on 
certain raw materials in a form which is not totally absorbable, 
the maximum level provided in column 3 of the above mentioned 
Annexes refers to the absorbable element determined according to 
an internationally recognized method. 
6 -
3. The following Article is inserted 
"Article 3 a 
1. Member States shall prescribe that raw materials intended for use 
in animal feedingstuffs may only be put into circulation if they 
are safe, wholesome and of merchantable quality. 
2. Subject to the provisions in part A of Annex II of the Directive, 
raw materials cannot be considered as safe, wholesome and of 
merchantable quality if the level of undesirable substances or 
products is so high that their use is virtually ruled out for fear 
of exceeding the maximum level fixed for animal feedingstuffs in 
Annex I. 
4. Article 4 is amended as follows 
a) Article 3a becomes Article 3b 
b) For paragraph 1 and 2 the word "marketed" is each time replaced by 
the words "put into circulation". 
5."Article 3b is amended as follows 
a) Article 3b becomes Article 3c 
b) The word "marketing" is replaced by the words "putting into 
circulât ion. 
'•/• 
6. The fol lowing Article is inserted 
Article 3d 
Member States shall prescribe that the mixing of different 
consignments of a raw material detailed in Part A of Annex II is only 
authorized in as much as that the level of the undesirable substance 
or product in each consignment for mixing is lower or equal to the 
maximum level fixed in column 3 of the abovementioned Annex. 
7. In Article 7 the word marketing is replaced by the words "putting on 
the market". 
8. The following paragraph is added to Article 8 : 
4. Member States shall prescribe that in the case where an operator 
has information of the following nature 
a) a consignment of raw materials is unsuitable for any use in 
animai feedingstuff because of a high level of contamination by 
an undesirable substance or product and therefore constitutes a 
serious risk for annimal or public health; 
b) a consignment of animal feed , which does not conform with the 
provisions laid down in Annex I, the operator shall immediately 
inform the official control bodies, even in the case where the 
destruction of the consignment of the raw material or animal 
feed is envisaged; in this case the control authorities shall 
make sure the destruction is done properly; 
Article 2 
Member States shall bring into force not later than 31 December 1993 the 
laws, regulations and administrative provisions necessary to comply with 
provisions of this Directive. They shall immediately inform the Commission 
thereof. 
When Member States adopt these measures, 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. 
Article 1 
This Directive is addressed to the Member States. 
Gone at Brussels, For the Council 

ISSN 0254-1475 
COM(91) 369 final 
DOCUMENTS 
EN 15 03 
Catalogue number : CB-CO-91-429-EN-C 
ISBN 92-77-76185-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg