23. 8. 90 Official Journal of the European Communities No C 210/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending Directive 74/63/EEC on the fixing of maximum 
permitted levels for undesirable substances and products in feedingstuffs 
COM(90) 321 final 
(Submitted by the Commission on 25 July 1990) 
(90/C 210/06) 
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 Council Directive 74/63/EEC (') as last 
amended by Commission Directive 87/238/EEC (2), 
expressly excludes pesticide residues from its field of 
application; 
Whereas the presence of pesticide residues in feeding-
stuffs may, in the same way as the presence of residues 
of certain products and substances which are already 
subject to control, entail risks for human health, since in 
general toxic substances or preparations with dangerous 
effects are involved; 
Whereas it is advisable to disregard the fact that 
pesticides — unlike most of the undesirable substances 
and products for which rules have hitherto been adopted 
— are used deliberately by man to protect plant 
products, since they are not added to feedingstuffs or to 
the components thereof; whereas, nevertheless, their 
possible presence constitutes a source of danger in the 
same way as that of the substances and products already 
covered by Directive 74/63/EEC; Whereas, for this reason, pesticides should be used in 
such a way as not to involve any danger for human 
health; 
Whereas, insofar as a few Member States have already 
laid down maximum permitted levels for certain pesticide 
residues, these levels differ and constitute obstacles to 
the free circulation of feedingstuffs within the 
Community; whereas it is therefore desirable to 
approximate the existing provisions by inserting them 
into the abovementioned Directive, which is the appro­
priate framework for this purpose; 
Whereas, in an initial stage, it would appear justifiable to 
fix in respect of feedingstuffs maximum levels for a 
group of very persistent and harmful active substances 
which are or have been used in pesticides, namely orga-
nochlorine compounds; whereas Member States may 
therefore maintain the maximum levels they have fixed 
for residues of pesticides other than those listed in part B 
of Annex I until a Community decision is taken in 
accordance with the provisions laid down for 
amendment of the Annexes; 
Whereas by its judgement in Case 11/88 the Court of 
Justice declared void Council Directive 87/519/EEC (3); 
whereas it is therefore necessary to adopt a new 
Directive on the appropriate legal basis; 
Whereas, given this situation, the deadline for transpo­
sition originally laid down by the void Directive may be 
maintained, 
(') OJ No L 38, 11. 2. 1974, p. 31. 
(2) OJ No L 110, 25. 4. 1987, p. 25. (3) OJ No L 304, 27. 10. 1987, p. 38. 
No C 210/6 Official Journal of the European Communities 23. 8. 90 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 74/63/EEC is hereby amended as follows: 
1. Article 1 (2) (c) is replaced by the following: '(c) the fixing of maximum permitted levels for 
pesticide residues on and in products intended for 
animal feeding, inasmuch as these residues are 
not listed in part B of Annex 1.' 
2. The following headings shall be added to Part B of 
Annex 1: 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. Aldrin 
Dieldrin singly or combined expressed as 
Camphechlor (Toxaphene) 
Chlordane (sum of cis- and transisomers ar 
expressed as chlordane) 
DDT (sum of DDT-, TDE- and 
DDT) dield 
id of 
DDE-isomers, 
Endosulfan (sum of alpha- and beta-isomers 
sulphate, expressed as endosulfan) and 
Endrin (sum of endrin and of delta-keto-endrin, 
endrin) 
Heptachlor (sum of heptachlor 
expressed as heptachlor) 
Hexachlorobenzene (HCB) 
Hexachlorocyclohexane (HCH) 
20.1. alpha-isomer 
20.2. beta-isomer 
20.3. gamma-isomer and of rin 
oxychlordane, 
expressed as 
of endosulfan-
expressed as 
heptachlor-epoxide, All feedingstuffs, with the exception of: 
— fats 
All feedingstuffs 
All feedingstuffs, with the exception of: 
— fats 
All feedingstuffs, with the exception of: 
— fats 
All feedingstuffs, with the exception of: 
— maize 
— oilseeds 
— complete feedingstuffs for fish 
All feedingstuffs, with the exception of: 
— fats 
All feedingstuffs, with the exception of: 
— fats 
All feedingstuffs, with the exception of: 
— fats 
All feedingstuffs, with the exception of: 
— fats 
Compound feedingstuffs, 
— with the exception of feedingstuffs 
for dairy cattle 
Straight feedingstuffs, with the exception 
of: 
— fats 
All feedingstuffs, with the exception of: 
— fats 0,01 
0,2 
0,1 
0,02 
0,05 
0,05 
0,5 
0,1 
0,2 
0,5 
0,005 
0,01 
0,05 
0,01 
0,2 
0,01 
0,2 
0,02 
0,2 
0,01 
0,005 
0,01 
0,1 
0,2 
2,0 
3. The heading of the third column in the table in Part 
C of Annex 1 is replaced by the following: 
'Maximum content in mg/kg (ppm) of feedingstuffs 
referred to a moisture content of 12 %'. 
Article 2 
Member States shall bring into force not later than 3 
December 1990, the laws, regulations or administrative provisions necessary to comply with this Directive. They 
shall forthwith inform the Commission thereof. 
These provisions shall make express reference to this 
Directive. 
Article 3 
This Directive is addressed to the Member States.