No C 87/4 Official Journal of the European Communities 9. 4. 85 
Opinion on the proposal for a Council Directive amending Directive 74/63/EEC 
on the mixing of maximum permitted levels for undesirable substances and 
products in feedingstuffs, Directive 77/101/EEC on the marketing of straight 
feedingstuffs and Directive 79/373/EEC on the marketing of compound feeding-
stuffs 0) 
(85/C87/02) 
On 27 September 1984 the Council, acting under the optional consultation clause of the 
Treaty establishing the European Economic Community, decided to ask the Economic 
and Social Committee for an opinion on the abovementioned proposal. 
The Section for Agriculture, which was responsible for preparing the Committee's work 
on the subject, adopted its opinion at its meeting on 10 January 1985 in the light of an 
oral report by Mr Wick. 
At its 223rd plenary session (meeting of 30 January 1985) the Committee adopted the 
following opinion by 78 votes to none with 12 abstentions: 
The Committee approves the Commission's proposal 
subject to the following observations: 
1. General comments 
1.1. The Committee notes that the proposal is 
designed to align the maximum permitted levels of 
aflatoxin Bl in raw materials of vegetable origin used 
in the manufacture of compound feedingstuffs. 
1.2. The Committee notes that in recent years con­
siderable progress has been made with research into 
the effect of the mycotoxin aflatoxin Bl and its meta­
bolites on animals and humans. Consequently, there is 
now a greater awareness among the economic and 
social groups affected of these problems and of those 
materials susceptible to aflatoxin. Efforts to improve 
the situation regarding residues have already yielded 
tangible results. 
1.3. The Committee considers that the fixing of 
maximum permitted levels for aflatoxin residues in 
straight and compound feedingstuffs is of decisive 
importance for the protection of human and animal 
health. In the light of new scientific knowledge, 
Community provisions which had been in force for a 
number of years were tightened up considerably in 
1983 by halving the maximum permitted level of afla­
toxin in compound feedingstuffs for dairy cattle. There 
are also detailed Community provisions governing 
aflatoxin Bl tests to be carried out in feedingstuffs. 
1.4. In order to reduce the risk still further, the 
Commission is now providing for a maximum 
permitted aflatoxin Bl level of 0,3 mg/kg in raw mate­rials used in the manufacture of compound feeding­
stuffs ('raw materials'). Raw materials with higher afla­
toxin residues may no longer be imported into the 
Community, marketed or processed. 
1.5. With a view to improving the residue situation, 
individual Member States have in recent years intro­
duced additional legislation on raw materials, giving 
rise to divergences within the Community. In some 
cases this has meant obstacles to intra-Community 
trade in feedingstuffs and agricultural products of 
animal origin. The object of the present proposal is to 
harmonize legislation in the various Member States 
and to halt the trend towards divergence. 
1.6. The Committee stresses the need for stringent 
provisions governing aflatoxin levels in order to ensure 
that food of animal origin supplied to the consumer is 
uncontaminated. These rules will also make it possible 
for agricultural products of this type to be exported 
freely to non-Community countries, some of which 
have equally stringent provisions on aflatoxin residues. 
1.7. The Committee considers that comprehensive 
and uniform tests must continue to be carried out in 
all the EC Member States to ensure implementation of 
the Directive. 
1.8. The Committee urges the Commission to 
monitor closely the development of scientific know­
ledge concerning undesirable substances and, if neces­
sary, to submit appropriate supplementary proposals. 
2. Specific comments 
2.1. Article 1 (1) 
(') OJ No C 258, 26. 9. 1984, p. 7. The Committee notes that the change in the title of 
the Directive extends its scope to cover all raw 
9. 4. 85 Official Journal of the European Communities No C 87/5 
materials used in the manufacture of compound 
feedingstuffs. 
2.2. Article 1 (5) 
The Committee considers that the term 'recognized 
manufacturers of compound feedingstuffs' used in 
Article 3a (2a) should be defined and that the defini­
tion should be binding on all Member States. The 
Committee recommends that the possibility of basing 
such a definition on the most recent amendment of 
Council Directive 70/524/EEC on animal feed addi­
tives be investigated. The definition must require that 
the manufacturer (including the home mixer) has 
'access to appropriate means enabling him to ensure' 
. that the raw material is within the limits laid down for 
aflatoxin. 
2.3. Article 1 (5) 
The Committee notes that Article 3a (3) enables 
Member States to draw up rules for other toxins and 
other raw materials based on the proposed provisions 
for aflatoxin. The Committee considers that there is a 
risk that this authorization will be used by the Member 
States in different ways, thus giving rise to obstacles to 
intra-Community trade. 
In the Committee's view, such consequences should 
be seen in the context of existing gaps in Community 
law governing toxins in feedingstuffs. The 1977 
Commission proposal fixing maximum permitted 
levels of residues of plant protection products, basic­
ally endorsed by the Committee at the time, has still 
to be adopted by the Council. 
The Committee is disappointed that the Council has 
not yet taken any decision conducive to harmonization 
in this field. The Committee calls on the Council to 
adopt the Commission proposal as soon as possible in 
a form reflecting the Committee's comments. 
2.4. Article 1 (10) 
The Committee notes the Commission's statement 
that the planned checks, which are to be based at least 
on random sampling, should be carried out systemat­
ically and should be intensified in the case of suspect 
products. The Committee expects that checks on 
Done at Brussels, 30 January 1985. imported feedingstuffs will be only the first step in a 
system of Community checks, which will also include 
intensive checks on straight and compound feeding­
stuffs as well as on animal products. 
2.5. Article 1 (13) 
The Committee observes that several Member States 
favour a maximum permitted level lower than 
0,3 mg/kg. The Committee notes, however, that accor­
ding to the Commission the level proposed is based 
on painstaking scientific research. 
This proposal also takes account of the situation of 
certain developing countries which traditionally supply 
by-products of oilseed processing to the Community. 
The Committee urges the Commission to continue its 
support, within the framework of Community devel­
opment aid, for the efforts of these countries to supply 
products which meet Community standards. 
2.6. Article 3 (3a) (aa) 
In order to reflect United Kingdom usage, the 
Committee suggests that the term 'pet food' be used to 
describe feedingstuffs for pet animals. 
2.7. Article 3 (4) 
In Article 5a (a) it is proposed that additional descrip­
tive information be included on the labels of 
compound feedingstuffs for pet animals. This might 
adversely affect the production of these feedingstuffs. 
The Committee wonders whether the proposed 
arrangements are sufficiently flexible, taking economic 
considerations into account; and whether they will 
guarantee the availability of cheap feedingstuffs for 
consumers. 
The Commission should therefore be invited to recon­
sider certain aspects of the labelling requirements for 
pet foods and in particular: 
(i) whether there is a genuine need to add the 'code 
number of the producer where the latter is not 
responsible for the labelling particulars' (Article 
3-3a) (bb)); 
(ii) whether it would not be realistic to make a distinc­
tion in the text between product claims and 
normal product descriptions (Article 3-4a). 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
No C 87/6 Official Journal of the European Communities 9. 4. 85 
APPENDIX 
to the opinion of the Economic and Social Committee 
Defeated amendments 
The following amendments, tabled in accordance with the Rules of Procedure, were rejected by the 
Committee during plenary session discussions : 
Point 1.7 
At the end of point 1.7 add: 
The Committee would emphasize the importance of ensuring that control is effective. Inspection 
should be concentrated on those products most under suspicion, notably groundnuts and cottonseed, 
and should take place where possible at the port of entry. Sampling should be sufficiently thorough 
to allow for the fact that aflatoxin occurs in pockets. It will also be necessary to ensure that there is 
adequate laboratory capacity for the somewhat sophisticated test required.' 
Voting 
For: 37, Against: 62, Abstentions : 7. 
After point 1.8, add the following new paragraph : 
'1.9. The Committee points out that paradoxically there is as yet no corresponding Directive stipu­
lating maximum permitted levels for harmful substances and products in food for human consump­
tion. The Committee calls on the Commission to draft a proposal to remedy this shortcoming in 
order to improve consumer protection and to facilitate the free movement of food products.' 
Voting 
For: 15, Against: 54, Abstentions : 30. 
Opinion on the proposal for a Council Directive on public health and animal 
health problems affecting the importation of meat products from third 
countries (*) 
(85/C 87/03) 
On 22 October 1984 the Council, acting under the optional consultation clause of the 
Treaty establishing the European Economic Community, decided to ask the Economic 
and Social Committee for an opinion on the abovementioned proposal. 
The Section for Agriculture, which was responsible for preparing the Committee's work 
on the subject, adopted its opinion on 10 January 1985 in the light of the oral report by 
Mr Wick. 
At its 223rd plenary session (meeting of 30 January 1985) the Economic and Social 
Committee adopted the following opinion with no votes against and two abstentions : 
1. General comments 
1.1. The Committee welcomes the Commission's 
submission of a specific Directive designed to ensure 
that imports of meat products from non-EC countries 
do not 
(') OJ No C 286, 25. 10. 1984, p. 5. (a) introduce any exotic infectious animal disease into 
the Community; 
(b) endanger public health. 
The draft Directive thus complements the existing 
Directives covering intra-Commurtity trade in meat 
products and the corresponding rules for the importa­
tion of cattle, pigs and fresh meat from non-EC coun­
tries.