COMMON POSITION (EC) No 3/2000

adopted by the Council on 15 November 1999

with a view to adopting Directive 2000/.../EC of the European Parliament and of the Council of ... amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials

(2000/C 17/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC(4) lays down the principle of allocating an approval number to certain establishments or intermediaries; for reasons of transparency and in order to facilitate checks, the registration number or approval number, as the case may be, should be required to be shown on the label or in the document accompanying the compound feedingstuffs;

(2) Article 2(1) of Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs(5) defines the minimum storage life of a compound feedingstuff as lasting until that date until which, under proper storage conditions, that feedingstuff retains its specific properties; the term "specific properties" encompasses all the properties which determine the quality of a compound feedingstuff, particularly the effectiveness of the additives it contains; this effectiveness is indicated by the expiry date of the guarantee, which has to be stated in accordance with Council Directive 70/524/EEC(6); therefore, in all cases in which the minimum storage life of an additive is the limiting factor as regards the quality of a compound feedingstuff, this date is decisive in determining the minimum storage life of the compound feedingstuff; however, the relevant provision in Article 5d(1), second subparagraph, of Directive 79/373/EEC does not provide sufficient clarity and should therefore be replaced;

(3) The German version of Directive 79/373/EEC uses the term "circulation""Verkehr", instead of "marketing""Vermarktung", as in the other language versions; since there is a difference in meaning, the language versions need to be aligned; since the scope of more recent Directives on animal feed law usually extends to "putting into circulation" or "circulation", Directive 79/373/EEC should be adjusted accordingly and a definition of "circulation" ("putting into circulation") should be included;

(4) In accordance with Council Directive 79/373/EEC, Commission Decision 91/516/EEC(7) establishes a list of ingredients whose use is prohibited in compound feedingstuffs for reasons related to the protection of human and animal health; this ban does not, however, cover the circulation of such materials as feed materials or the use of these materials as such as feed materials by livestock farmers;

(5) In order to remedy this situation, it is necessary, firstly, to widen the scope of Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Council Directive 77/101/EEC(8), in order to cover the use of feed materials as well; secondly, a list of materials whose circulation or use as feed materials is prohibited or restricted should be drawn up to replace Commission Decision 91/516/EEC, so that the scope of the prohibitions or restrictions is general and applies both to the use of the feed materials as such as well as to their use in compound feedingstuffs; Council Directive 79/373/EEC should be amended accordingly;

(6) Experience has shown also that certain by-products which have been subjected to industrial processes may contain substances which, although not representing a threat to animal or human health, may have an unfavourable impact on the environment; it is therefore necessary to provide also that feed materials must not represent any danger to the environment;

(7) Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin, and amending Directive 90/425/EEC(9), lays down the rules for the placing on the market of animal waste intended for uses other than human consumption, and Council Directive 96/25/EC lays down rules applying to labelling providing users with accurate information concerning the identity of the products and any restrictions on their use; there is a need to ensure that instruments relating to the veterinary sector and to animal nutrition are in perfect concordance;

(8) In order to provide users and control authorities with the means to verify without difficulty the origin of feed materials and their compliance with the health guarantees with regard to Directive 90/667/EEC, it is necessary to include among the indications required for those feed materials the name and address of the producing establishment, the approval number, the reference number of the batch or any other particulars that will ensure that the feed material can be traced;

(9) Council Directives 79/373/EEC and 96/25/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 79/373/EEC is amended as follows:

1. In Article 2, the following subparagraph shall be added:

"(m) 'putting into circulation' or 'circulation': the holding of compound feedingstuffs for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves."

2. In Article 5(1) point (k) shall be replaced by the following:

"(k) from 1 April 2001, the approval number allocated to the establishment in accordance with Article 5 of Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector(10) or, as the case may be, the registration number allocated to the establishment in accordance with Article 10 of that Directive."

3. In Article 5d(1), the second subparagraph shall be replaced by the following:

"Where other Community provisions concerning compound feedingstuffs require indication of a minimum storage life or an expiry date of guarantee, the indication referred to in the first subparagraph shall be made, giving only the earliest date."

4. In Article 10, point (c) shall be deleted.

5. In Article 10(e), the words "and the lists referred to in points (b) and (c)" shall be deleted.

6. In Article 10a, the following paragraph shall be added:

"3. Member States shall prescribe that the feed materials appearing on the list provided for in Article 11(b) of Directive 96/25/EC may not be used as feed materials in the preparation of compound feedingstuffs, in accordance with the provisions laid down in that Directive."

7. Throughout the Directive, the term "marketing" shall be replaced by "circulation".

8. (Does not concern the English version).

Article 2

Directive 96/25/EC is amended as follows.

1. The title shall be replaced by the following:

"Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC".

2. In Article 1(1) shall be replaced by the following:

"1. This Directive shall apply to the circulation and use of feed materials within the Community."

3. Article 3 shall be replaced by the following:

"Article 3

Without prejudice to the obligations arising under other Community provisions, Member States shall prescribe that feed materials may be put into circulation in the Community only if they are of sound, genuine and merchantable quality. They shall prescribe that, when put into circulation or use, feed materials must not represent any danger to animal or human health or to the environment and must not be put into circulation in a manner that is liable to mislead."

4. In Article 5(1), point (g) shall be replaced by the following:

"(g) the name or business name and the address or registered place of business of the producing establishment, the approval number, the reference number of the batch or any other particulars which ensure that the feed material can be traced, where the establishment must be approved in accordance with:

- Directive 90/667/EEC(11),

- Community measures included on a list to be drawn up in accordance with the procedure set out in Article 13;

(h) '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, if different from the producer referred to in point (g).'"

5. Article 11 shall be amended as follows:

(a) the words "Article 14" shall be replaced by "Article 13";

(b) point (b) shall be replaced by the following:

"(b) a list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited shall be drawn up in order to ensure their compliance with Article 3;

(c) amendments to the list referred to in point (b) shall be adopted in the light of advances in scientific and technical knowledge;

(d) amendments to the Annex shall be adopted in the light of advances in scientific and technical knowledge."

Article 3

1. Member States shall adopt and publish not later than ...(12), the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. The provisions adopted shall apply at the latest from ...(13).

When the 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 reference shall be laid down by the Member States.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 261, 19.8.1998, p. 3.

(2) OJ C 101, 12.4.1999, p. 89.

(3) Opinion of the European Parliament of 16 December 1998 (OJ C 98, 9.4.1999, p. 150), Council Common Position of 15 November 1999 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ L 332, 30.12.1995, p. 15. Directive as last amended by Directive 1999/29/EC (OJ L 115, 4.5.1999, p. 32).

(5) OJ L 86, 6.4.1979, p. 30. Directive as last amended by Commission Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).

(6) OJ L 270, 14.1.1970, p. 1. Directive as last amended by Commission Regulation (EC) No 45/1999 (OJ L 6, 12.1.1999, p. 3).

(7) OJ L 281, 9.10.1991, p. 23. Decision as last amended by Commission Decision 1999/420/EC (OJ L 162, 26.6.1999, p. 69).

(8) OJ L 125, 23.5.1996, p. 35. Directive as last amended by Commission Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).

(9) OJ L 363, 27.12.1990, p. 51. Directive as last amended by the 1994 Act of Accession.

(10) OJ L 332, 30.12.1995, p. 15. Directive as last amended by Council Directive 1999/29/EC (OJ L 115, 4.5.1999, p. 32).

(11) OJ L 363, 27.12.1990, p. 51. Directive as last amended by the 1994 Act of Accession.

(12) 12 months after the entry into force of this directive.

(13) 18 months after the entry into force of this directive.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 14 July 1998, the Commission submitted to the Council a proposal based on Article 100a of the EC Treaty, amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials(1).

2. The European Parliament delivered a first opinion to the Commission proposal on 16 December 1998, and approved it without amendment(2). The Economic and Social Committee delivered its opinion on 28 January 1999(3). On the entry into force of the Amsterdam Treaty on 1 May 1999, the Commission changed the legal basis of the proposal to Article 152 EC. The Committee of the Regions waived its right to present an opinion on 15 September 1999.

3. At its meeting on 15 November 1999, the Council adopted its common position in accordance with Article 251 of the EC Treaty.

II. OBJECTIVES

4. Directive 79/373/EEC corers the marketing of compound feedingstuffs. The main aim of the proposed amendment to the Directive is to make the measure more complete by providing for the following:

- include a provision requiring that the label or the accompanying document to compound feedingstuffs should show either the approval number of the establishment (as defined by Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC) or the registration number, as the case may be;

- include a reference in Directive 79/373/EEC to the amendment foreseen in Directive 96/25/EC which provides for a list of prohibited ingredients in feed materials, and which will apply to the circulation and use of such feed materials.

5. Directive 96/25/EC regulates the circulation of feed materials within the Community. One objective of the proposed amendment to the Directive is to broaden the scope to cover both the circulation and use of feed materials. This means that the provisions relating to the putting into circulation of feed materials should apply to all products used as feed, including those that are put to direct use by livestock farmers without ever coming into circulation. In particular, the rules relating to the safety of the feed material will now apply to all products used as feed and will apply also at farm level.

6. Another objective of the amendment is to fill certain gaps that currently exist in Community legislation:

- firstly the list of ingredients specified in Commission Decision 91/516/EC(4), which may not be used in the preparation of compound feedingstuffs, currently only applies to the marketing of compound feedingstuffs and should therefore be repealed. In order to broaden the scope of application, the repealed list must be replaced in Directive 96/25/EC by a negative list of prohibited ingredients which applies to the circulation and direct use of all feed materials, including compound feedingstuffs,

- secondly, the provisions in Directive 96/25/EC relating to the safety of the feed materials, must set out that the feed materials must not represent a threat to the environment.

7. A final objective of the amendment to this Directive is to ensure the traceability of feed materials composed of animal waste as defined by Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC. In order for such feed materials to be traceable from the moment they are put into circulation up to the end use, the product label must include information by which the producers can easily be identified (i.e. in addition to the name and address of the establishment, also the approval number of the establishment and reference number of the batch).

III. ANALYSIS OF THE COMMON POSITION

8. The Council approved the substance of the Commission proposal with only a few amendments to which the Commission could agree. These changes further clarify the intention of the measure and strengthen it in the light of the BSE and dioxin crises. In addition, several editorial changes have been made with the aim of clarifying the meaning of the text.

9. Concerning the amendments to Directive 79/373/EEC, the Council has introduced the following changes:

- the new Article 1(1) and (7) has been added with a corresponding recital with the aim of harmonising terminology used in existing Community legislation, notably the replacement of the term "marketing" by the term "putting into circulation" which has been introduced in Community legislation in the last decade, but which to date has not been correctly reflected in the all language versions,

- the new Article 1(3) with a corresponding recital which clarifies that the quality of compound feedingstuffs is also conditioned by the minimum storage life of additives contained in the feed material, and which requires that this is made clear to the end user,

- the new Article 1(8) which provides for the replacement of the term "mangimi" in the Italian language version by the term "alimenti per animali",

- an amendment to Article 2(3), which introduces a distinction as regards the quality requirements for the feed materials that are put into circulation, and those which are put to direct use in animal nutrition. It is provided that neither may represent a danger to animal or human health or to the environment,

- Article 2(4) first indent has been amended to ensure the traceability of a wider range of feed material that that which was previously covered(5).

IV. GENERAL CONCLUSION

The Council has adopted as its common position the Commission proposal, as approved by the European Parliament, subject to the changes described above and certain editorial improvements, with the Commission's agreement.

(1) OJ C 261, 19.8.1998, p. 3.

(2) OJ C 98, 9.4.1999, p. 143.

(3) OJ C 101, 12.4.1999, p. 89.

(4) Commission Decision 91/516/EEC of 9 September 1991 establishing a list of ingredients whose use is prohibited in compound feedingstuffs. The Decision was adopted under Council Directive 79/373/EEC.

(5) Previously, this was limited to Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal of fish origin and amending Directive 90/425/EEC.