Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Council Directive 93/74/EEC on feedingstuffs intended for particular nutritional purposes and amending Directives 74/63/EEC, 79/373/EEC and 82/471/EEC'
Date: 1998-02-25
Institutions: European Economic and Social Committee
Subjects: animal feedingstuffs, animal nutrition, dietary product, manufactured feedingstuffs, marketing

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It is essential to promote universal basic standards and to improve national laws in line with experience
and developing knowledge. Unless account is taken of the environmental dimension in trade and
investment, the door will remain open to possible dumping in violation of fair competition. (Dumping
contravenes WTO principles.)

Result of the vote

For: 41, against: 46, abstentions: 7.

Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament
and Council Directive amending Council Directive 93/74/EEC on feedingstuffs intended for
particular nutritional purposes and amending Directives 74/63/EEC, 79/373/EEC and
82/471/EEC’ (1)

(98/C 129/12)

On 6 November 1997 the Council decided to consult the Economic and Social Committee,
under Articles 43 and 198 of the Treaty establishing the European Community, on the
above-mentioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee’s
work on the subject, adopted its opinion on 5 February 1998. The rapporteur was Mr Gardner.

At its 352nd plenary session (meeting of 25 February 1998), the Economic and Social Committee
adopted the following opinion with 76 votes in favour, 5 votes against and 6 abstentions.

1. General comments

(i) This proposal

introduces a new category of
‘Nutritional Supplements for Animals’ into Com-
munity legislation. These are concentrated mixtures
of trace metals, vitamins etc., which are used in
supplements with other feeds. This category adds
further to the considerable corpus of existing EU
law on the subject, which already has:

(iii) The Committee therefore is not completely con-
vinced that the new category is needed at EU level.
If it is introduced, the whole system will become
even more complicated. Already it has to be made
more transparent. A codification would be an early
start towards transparency.

(iv) This opinion is subject to the comments above and

the following paragraphs.

— Compound feedingstuffs

— Complementary feedingstuffs

— Premixed feedingstuffs

— Feedingstuffs for particular nutritional pur-

poses

(ii) The nutritional supplements are widely used in
Member States. They are permitted separately in
some Member States for instance ANSA products
in France (Apports Nutritionnels Spécifiques
d’Adaptation) while in others there is no separate
legislation but they appear to be accommodated
within the existing categories of feed under the
national interpretation of existing directives.

(1) OJ C 298, 30.9.1997, p. 10.

1.1. Legal base

1.1.1.
The Commission has presented this proposal
under Article 100a of the Treaty (Single Market) though
the normal base for this type of legislation is Article 43
(Agriculture) since it concerns production and sale of
Annex II products. The legal services of the Council
have confirmed Article 43 as the proper base (Advice
11180/97, 10 October 1997).

The Committee understands the Commission’s
1.1.2.
reasons for taking Article 100a as the legal base of this
directive. It would, however, point out that these reasons
are also accommodated by Article 43.

Therefore, in order to avoid the lengthy and
1.1.3.
complex procedure that Article 100a now entails,

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it is proposed that the legal base be Article 43, which is
already used as a legal base, for all agricultural matters.
This will have to be reviewed when the new Article 129
of the Treaty of Amsterdam is in place.

1.2. Definitions

1.2.1.
It is not clear from the definitions what current
and prospective products are covered and the dividing
line between stuffs for particular nutritional purposes,
nutritional supplements, premixed feedingstuffs and
other compound feedingstuffs. This is of great import-
ance to ensure that there are no products which become
illegal as the result of this proposal. It is also important
owing to the interplay between this proposal and present
and future additives legislation. For this aspect too there
is the danger of a legal void unless all products are
covered satisfactorily.

1.2.2.
An illustrative list of ‘nutritional supplements’
would help greatly and should be included in any
Directive. Appendix A gives such a list taken from
practice in one Member State only.

healthy animals whose nutritional status would be
compromised in the absence of their use.

1(e)

‘Particular

2.1.1.2.2.
purposes’
appears to be the same as ‘specific nutritional purposes’
in 1(d). The same term should be used throughout.
‘Temporarily’ is used twice without any guide of what
time scale is meant.

nutritional

2.2. Article 4

Antibiotics, coccidiostats and other medicinal products
must be specifically excluded from nutritional sup-
plements.

2.3. Article 7

In many parts of this article there seems to be confusion
between ‘information’ and ‘claims’.

2.3.1.
read:

For instance 7.5, first indent should presumably

1.2.3.
and the Commission therefore should establish one.

Unfortunately an EU wide list is not available

‘— does not make claims for the presence or the
content of analytical constituents other than those
that are provided for in point 1(d).’

2. Detailed Comments

2.1. Article 2

2.1.1.
instrument and should be deleted.

The word ‘temporary’ is too vague for a legal

2.1.1.1.
The Commission understands by ‘temporary’
a few days up to one week. However there are many
current uses where supplements are needed for weeks
or even months to be effective such as the use of trace
element supplements where cattle are grazed on nutrient
deficient pastures. Equally application such as weaning
or ‘training’ for and recovery from exhaustion could
take some weeks. For instance race horses are trained
and raced over 6 months.

2.1.1.2.

The following terms need clearer definition.

2.1.1.2.1.

‘Special breeding and living conditions’.

2.3.2.
As written at present this indent would prohibit
consumer information concerning the analysis of the
product. Similar changes are required elsewhere.

2.3.3. A r t i c l e 7 . 5 ,

t h i r d i n d e n t

This indent has to be clarified and should
2.3.3.1.
read ‘does not refer to properties for the prevention,
treatment or cure of a disease other than defined in
Article 6.3’; however, ...

2.4. Article 9

This proposes dossiers not only for the new nutritional
supplements but also for feedingstuffs for particular
nutritional purposes. The latter have been regulated by
an EEC Directive since 1993 without any need for such
dossiers. The Explanatory Memorandum unfortunately
is totally silent on this subject.

2.4.1.
The word ‘dossier’ here is misleading as the
term normally refers to the very detailed justification
needed for pharmaceutical products or new additives.

The Commission is thinking of animals with disturbed
physiology or metabolism such as chicken with heat
stroke. However, many supplements are fed to normal

2.4.2.
The word ‘dossier’ should be replaced by ‘The
information set out in Annexes A and B with appropriate
scientific justification’. This is the same as it is currently
required for existing dietetic foods.

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2.5. Article 3 (at the end of Proposal)

2.6.

Impact Statement

2.5.1.
These dates are totally unrealistic, especially
with the legal base proposed by the Commission. They
should be changed to:

‘Two years from publication of the Directive’.

2.6.1.
This is missing. The impact on farms and other
SMEs in particular should have been examined and
given in the statement.

Brussels, 25 February 1998.

The President

of the Economic and Social Committee

Tom JENKINS

APPENDIX A

to the opinion of the Economic and Social Committee

Uses of Nutritional Supplements (ANSA = Apports Nutritionnels Spécifiques d’Adaptation) in one
Member State

Use

Animal Species

Oestrus and mating
Onset and peak lactation
Weaning and critical growth phase
Peak and end of egg laying. Fall in hatching rate
Moulting
Synchronization of moulting
Improvement and maintenance of superficial body growth
Training for and recovery from exertion
Optional use of fat rich diets
Poorly assimilated concentrate-rich diets
Grazing
Improved mineral metabolism
Changes in diets, breeding conditions, living conditions, allotment
in climate or
and transport and unpredictable variations
environment
Variation in feeding behaviour (appetite loss)
Vaccination, parasite treatment and convalescence

All species
All species
All species
Egg laying and breeding poultry
Egg laying hens
Egg laying hens
All species
Horses and dogs
All species
All species
Ruminants
All species

All species
All species
All species