Proposal for a COUNCIL DIRECTIVE amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs
Date: 1994-07-18
Institutions: European Commission
Subjects: agro-industry, animal nutrition, application of EU law, labelling, marketing, trading operation

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(94) 279 final 
Brussels,  18.07.1994 

94/  0174(CNS) 

Proposal 

f or  a 

COUNCIL DIRECTIVE 

amending Council Directive  79/373/EEC 

on the marketing of compound feedingstuffs 

(presented  by  the Commission) 

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EXPLANATORY 

MEMORANDUM 

Since  the  implementation  of  Council  Directive  90/44/EEC,  amending  Council 
Directive  79/373/EEC on the marketing of compound  feedingstuffs, harmonised 
rules  on  labelling  requirements  for  compound  feedingstuffs  and  Commission 
Directive  92/87/EEC  established  for  this  purpose  a  list  of  the  main 
ingredients  normally  used  and  marketed  for  the  preparation  of  compound 
feedingstuffs intended for animals other than pets, the adoption of Council 
Directive  ../.../ EC  on  the  circulation  of  feed materials  induces  certain 
amendments to Council Directive 79/373/EEC. 

This proposal notably provides for the following changes : 

1. 

"ingredients  (raw materials)" are called  "feed materials"; 

2. 

mixtures  of  feed materials, other  than  those  listed  in  the Annex  of 
Council  Directive  ../.../ EC,  are  considered  as  semi-manufactured 
compound  feedingstuffs,  subjected  to  special  for  this  category 
compound  feedingstuffs  in  Council  Directive  79/373/EEC  created 
labelling provisions; 

3. 

Council  Directive  ../.../ EC  contains  a  list  of  the  main  feed 
materials  which  should  also  be  used  for  the  labelling  of  feed 
materials used in compound feeds. 

With the entry  into force of Council Directive  ../.../ EC, measures  should 
be  taken  in  order  to  ensure  that  Commission  Directive  92/87/EEC  is 
repealed. 

on grounds of an efficient an effective  functioning  of the  Internal Market 
action  must  be  taken  on  Community  level  hereby  removing  distortions  to 
trade and ensuring comparable commercial conditions. 

rL  -

COUNCIL DIRECTIVE 

Of  ... 

amending Council Directive  79/373/EEC 

on the marketing of compound feedingstuffs 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in 

particular article 43 thereof, 

Having regard to the proposal from the commission<*), 

Having regard to the opinion of the European Parliament<2), 

Having regard to the opinion of the Economic and Social Committee(3), 

Whereas  Council  Directive  77/101/EEC  on  the  marketing  of  straight 

feedingstuffs(4),  as  last  amended  by  Directive  90/654/EEc(5)  has  been 

repealed  by  Council  Directive  .../.../EC  on  the  circulation  of  feed 

materials ( *> ) ; 

Whereas  Directive  .../.../EC is, in particular, aimed  to remove  differences 

in  the  national  legislations  concerning  straight  feedingstuffs  and  raw 

materials;  whereas,  for  this  purpose,  Directive  .../.../EC  introduced  a 

common  term  "feed  materials"  and  a  definition  of  this  term  which  covers 

straigh  feedingstuffs  and raw materials; whereas, consequently,  these  terms 

and  their  definitions  in  Directive  79/373/EEc(7),  as  last  amended  by 

Council  Directive  93/74/EEC<8),  should  be  replaced  by  the  new  common  term 

and by its definition as given in Directive  .../.../EC; 

whereas this has also an impact on the definition of compound  feedingstuffs; 

(1) OJ N*. 
(2) OJ N° 
(3) OJ N° 
(4) OJ N° L 32, 03.02.1977, p. 1. 
(5) OJ N° L 353, 17.12.1990, p. 48. 
(6) OJ N° 
(7) OJ N° L  86, 06.04.1979, p. 30. 
(8) OJ N° L 237, 22.09.1993, p. 23. 

. 

whereas  "mixtures of  feed materials",, other than those explicitly  listed as 

a  feed  material,  are  considered  as  "semi-manufactured  compound  feedings-

tuffs";  whereas  Council  Directive  79/373/EEC  should  be  amended  as 

appropriate; 

Whereas  these  semi-manufactured  compound  feedingstuffs,  for  further  mixing 

with  other  feed  materials  can  be  delivered  to  both  feed  compounders  and 

farmers; whereas  it  is  therefore  desirable  to  declare  the  contents  of  the 

designated  analytical  constituents  of  the  semi-manufactured  compound 

feedingstuffs;  whereas  this  declaration  should  reflect  on  those  of  the 

constituing  feed materials; 

Whereas  the  list  contained  in  Part  B  of  Annex  I  of  the  Council  Directive 

../.../EC  should  be  used  for  the  circulation  of  feed  materials  of  all 

destinations as well as for the labelling of feed materials used in compound 

feedingstuffs; 

Whereas  Commission  Directive  92/87/EEc(9),  establishing  a  non  exclusive 

list of the main  ingredients  normally  used and marketed  for the  preparation 

of compound  feedingstuffs intended for animals other than pets, provides for 

a  list of  ingredients  for  labelling  requirements  of compound  feedingstuffs; 

whereas  measures  should  be  taken  in  order  to  ensure  that  Commission 

Directive  92/87/EEC  is repealed with  the entry  into  force of  Parts A  and  B 

of Annex I of  Council Directive  ../.../EC, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Council Directive 79/373/EEC  is amended as follows: 

1. 

the  term  "straight  feedingstuffs"  in Article  1  (2) a  is  replaced  by 

the term  "feed materials"; 

(9) OJ N° L 319, 04.11.1992, p. 19. 

2 

2. 

the  term  "ingredients"  in each  case  is  replaced  by  the  term  "feed 

materials"; 

3. 

Article 2 (b) is changed as follows: 

"compound  feedingstuffs:  mixtures  of  feed  materials,  which  are 

intended  for  oral  animal  feeding  as  complete  or  complementary 

feedingstuffs"; 

4. 

Article 2 (k) is changed as follows: 

a. 

the term "ingredients  (raw materials)" is replaced by the term 

"feed materials"; 

b. 

the definition of "feed materials" is replaced by the following: 

"feed materials": various products of vegetable or animal origin, in 

their natural state, fresh or preserved, and products derived from 

the  industrial  processing  thereof,  and  organic  or  inorganic 

substances, whether or not containing additives, which are intended 

for use for oral animal feeding, whether as such or in a processed 

form, in the preparation of compound feedingstuffs or as carriers of 

premixtures; 

5. 

after Article 2 (1) the following is added: 

"(m)semi-manufactured  compound  feedingstuffs:  mixtures  constituted 

from  no more  than  three  feed materials, which  are  intended  for the 

preparation of compound feedingstuffs"; 

6. 

in  Article  5  (1)  (a)  after  the  wording  "complementary  feed",  the 

wording "semi-manufactured compound feedingstuffs" is inserted; 

7. 

the  term  "ingredient"  in Article  5c  is  replaced  by  the  term  "feed 

material"; 

8. 

Article 10 (b) is deleted; 

9. 

the wording  "referred  to  in Article  10  (b)" in Article  10a  (1) is 

replaced by the wording  "of the main feed materials as in Part B of 

Annex  I of  Council  Directive  ../.../EC  on  the  circulation  of  feed 

materials"; 

10. 

Article  10a  (2) is changed as follows:  . 

".Member  States  shall ensure 'that-"the  provisions  under  "Gerteral" of 

Part  A  (I),  (II),  (III/  and  (IV)  of  Annex  I of  Council  Directive 

../.../EC are  respected."; 

11. 

Article 11  is changed as follows: 

"For  the  purpose  of  trade  within  the  Community,  the  indications 

printed  on  the  packaging,  on  the  container  or  on  a  label  attached 

thereto  shall  be  given  in  a  language  easily  understood  by  the 

s 

purchaser, or, shall  be provided  by any other  appropriate  means. This 

does  not  prejudice  the  use  of  more  than  one  language  for  those 

indications."; 

12. 

Paragraphs 2 to 5 of Article  13 shall  be replaced  by  the following.': 

"2.  The representative of  the Commission  shall  submit  to the measures 

/ 

to  be  taken.  The  committee  shall  deliver  its  opinion  on  the 

draft,within a time  limit which  the chairman may  lay down according  to 

the urgency of  the matter,  if necessary by  taking  a vote. 

i 

3.  The  opinion  shall  be  recorded  in  the  minutes;  in  addition,  each 

Member  State shall  have the right  to ask  to have  its position recorded 

in the minutes. 

4.  The  Commission  shall  take  the  utmost  account  of  the  opinion 

delivered  by  the  committee.  It  shall  inform  the  committee  of  the 

manner  in which  its opinion has been  taken  into account." 

13. 

the  annex  of  Directive  79/373/EEC  is  amended  as  shown  in  the  annex 

hereto. 

Article 2 

Member  States shall  bring  into force not  later  than  30  June  1997 the  laws, 

regulations  and  administrative  provisions  necessary  to  comply  with  the 

provisions  of  this  Directive.  They  shall  forthwith  inform  the  Commission 

thereof. 

When Member  States adopt  the provisions, these  shall  contain a reference to 

this Directive or  shail  b©  accompanied  by such  reference on  the occasion of 

their  official  publication. The procedures of making  such  a  reference shall 

be adopted by the Member States. 

Article  3 

The adopted provisions shaI i. apply as from 1 Jiily 1997." 

Member  States  shall,  however,  lay  down  that  compound  feedingstuffs 

manufactured  before 1 July 1997 which do not comply with  this Directive may 

still be marketed until 30 June 1998. 

Article 4 

This directive shall enter  into force on the twentieth day following that of 

its publication in the  Official 

Journal  of  the  European  Communities. 

Article g 

This Directive  is addressed to the Member States. 

Done at Brussels, 

For the Council 

Tat President. 

S 

ANNEX 

At  the end of Part B of the Annex of Directive  79/373/EEC  an extra  category 

is  added,  called  "semi-manufactured  compound  feedingstuffs"  in  column (1), 

with  the  provision  to  declare  according  column  (2)  "the  analytical 

constituents  similar  to  those  required  for  the  single  constituing  feed 

materials  according  Article  5,  paragraph  (1)  (c)  and  (d)  of  Council 

Directive  ../.../EC", for "all animals" indicated  in column (3). 

ISSN 0254-1475 

COM(94) 279 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-94-326-EN-C 

ISBN 92-77-71661-4 

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