Proposal for a COUNCIL DIRECTIVE amending Directive 74/63/EEC concerning undesirable substances in animal feedingstuffs
Date: 1991-10-14
Institutions: European Commission
Subjects: animal feedingstuffs, pesticide, protection of animals, toxic substance

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; 

HAS  ADOPTED  THIS  DIRECTIVE 

r-

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 

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