Proposal for a European Parliament and Council Directive amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials
Date: 1998-07-13
Institutions: European Commission
Subjects: animal feedingstuffs, animal nutrition, free movement of goods, manufactured feedingstuffs, marketing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Or 

* 

Brussels, 13.07.1998 
COM(1998) 435 final 

98/238(COD) 

Proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

amending Directive 79/373/EEC on the marketing of compound feedingstufîs 

and Directive 96/25/EC on the circulation of feed materials 

(presented by the Commission) 

['% 

EXPLANATORY  MEMORANDUM 

I. AMENDMENT OF COUNCIL DIRECTIVE 96/25/EC 

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

The  provisions  adopted  by  Directive  96/25/EC  are  to  apply  from  1 July  1998.  On  the 
same  date  Directive  77/101/EEC  on  the  marketing  of  straight  feedingstuffs  will  be 
repealed. 

Directive 96/25/EC introduces and defines  the term " feed  materials"  in place of the terms 
"ingredients"  and  "straight  feedingstuffs"  used  in  Directive  77/101/EEC  which  caused 
confusion  as the only difference  between them concerned their end users, namely  livestock 
farmers  and manufacturers  of compound  feedingstuffs. 

Directive  96/25/EC  applies  to  the  circulation  of  feed  materials  within  the  Community. 
Article  3  requires  Member  States  to  prescribe  that  feed  materials  may  circulate  in  the 
Community  only  if they are sound,  genuine  and of merchantable  quality. They  must  also 
prescribe  that the  feed  materials may represent  no  danger  to  animal  or human  health  and 
may not be put into circulation in a manner that is liable to be misleading. 

Very  often  feed  materials  are  produced  and  used  as  such  by  livestock  farmers  without 
being  put  into  circulation;  they  are  not  then  subject  to  the  rules  introduced  by  Directive 
96/25/EC. 

There is a need therefore  to extend  the scope of Directive  96/25/EC  and to amend  its title 
accordingly  so  that  in  future  the  Community  rules  will  legally  encompass  not  only  the 
putting into circulation of feed materials but also their use. 

This  amendment  will  have  wide-ranging  effects  in  that  the  rules  contained  in  Article  3, 
namely that feed materials must be sound, genuine and of merchantable quality, will apply 
in future  to all products used as feed. 

Commission Decision  91/516/EEC adopted  under Council Directive  79/373/EEC on the 
marketing  of compound  feedingstuffs  establishes  a list of ingredients  which may not  be 
used  in  the preparation  of  compound  feedingstuffs.  The prohibition  does  not,  however, 
apply  to  the  circulation  or  the  direct  use  by  livestock  farmers  of  the  feed  materials  in 
question. 

In order to make good this deficiency provision should be made in Directive 96/25/EC  for 
the establishment  of a list of feed  materials whose circulation  and use will be prohibited 
in order to comply with the rules contained  in Article 3 of the Directive. This list will be 
based on that contained in the Annex to Decision 91/516/EEC. 

In addition  to the rules  laid  down  in Article  3, which  states  that  feed  materials  must  be 
sound,  genuine  and  of  merchantable  quality,  it  is  necessary  to  require  also  that  feed 
materials  and  especially  by-products  that  have  been  subjected  to  certain  industrial 
processes  must  not  have  an  unfavourable  impact  on  the  environment  on  account  of  any 
undesirable contaminants they may contain. 

It is proposed requiring therefore  in Article  3 that the feed  materials must  not represent  a 
threat to the environment. 

Council  Directive  90/667/EEC  lays  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. 

In the case of waste used as feed material and covered therefore  by Directive 90/667/EEC, 
it  is necessary  to  lay  down  rules  for  ensuring  that  these products  can  be  traced  from  the 
time they are put into circulation up to their final use. 

In  future  the  labelling  on this  animal  waste will  have to  contain  information  enabling  its 
producers  to  be  identified  easily,  i.e.  the  names  and  addresses  of  establishments  and  a 
means of identifying  batches. 

IL AMENDMENT  OF COUNCIL DIRECTIVE  79/373/EEC 

1.  Directive  79/373/EEC  provides  that  the  approval  number  referred  to  in  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  must  be  shown  on  the  labelling  or  in  the  document  accompanying 
additives, premixtures and compound  feedingstuffs. 

The  purpose  of  the  proposed  measures  is  to  ensure  that  the  registration  number  also  is 
shown  on  the  label  or  in  the  document  accompanying  compound  feedingstuffs,  as  is 
required already in the case of the approval  number. 

2.  Since  provision  is  made  in  the  above  measures  for  the  establishment  of  a  list  of  feed 
materials whose circulation  and use  are to be prohibited,  in order to  avoid  confusion  all 
references  in  Directive  79/373/EEC  to  the  list  of  ingredients  whose  use  in  compound 
feedingstuffs  is prohibited  should be deleted. 

3.  Reference  needs  to be made  also  in Directive  79/373/EEC  to  the  ban  on  the  use  in  the 
manufacture  of  compound  feedingstuffs  of  the  feed  materials  included  in  the  new  list 
provided  for in Directive 96/25/EC. 

This  proposal  has  no  financial  implications  for  the  Community  budget.  It  is  based  on  an 
exclusive Community  competence. 

PROPOSAL FOR 

A PARLIAMENT AND COUNCIL  DIRECTIVE 

.../.../EC 

amending Directive 79/373/EEC on the marketing of compound  feedingstuffs  and Directive 

96/25/EC on the circulation of feed  materials 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

100a thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the Economic and Social Committee2, 

Acting in accordance with the procedure referred  to in Article  189b of the Treaty3, 

OJL 
OJL 
OJL 

Whereas 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/EEC4 establishes  the principle  of  allocating  an  approval  number  to 

certain establishments or intermediaries; whereas, for reasons of transparency and in order to 

facilitate  checks, the registration  number  should  be  required  to be  shown  on  the  label  or  in 

the  document  accompanying  the  compound  feedingstuffs  as  is  provided  for  already  in 

respect of the approval number; 

Whereas,  in  accordance  with  Council  Directive  79/373/EEC  of  2  April  1979  on  the 

marketing  of compound  feedingstuffs5,  Commission Decision  91/516/EEC6 establishes  a list 

of  ingredients  whose use is prohibited  in compound  feedingstuffs  for  reasons  related  to  the 

protection  of  animal  and  human  health;  whereas  this  ban  does  not,  however,  cover  the 

circulation of those ingredients or their use as such by livestock  farmers; 

Whereas  in  order  to  remedy  this  situation,  it  is  necessary,  firstly,  to  widen  the  scope  of 

Directive  96/25/CE  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  Directive 

77/101/EEC,7 so that irrespective of the purpose for which they are intended not only may  feed 

materials  be  put  into  circulation  but  also  used  only  if  they  are  sound,  genuine  and  of 

merchantable quality and represent no danger to animal or human health; whereas secondly, a 

list of feed materials whose use is prohibited in animal nutrition should be drawn up to replace 

Commission Decision 91/516/EEC, feedingstuffs  so that the scope of the prohibition is general 

and  applies both  to the use of the feed  materials  as such  as well  as to their  use  in  compound 

feedingstuffs;  whereas Directive 79/373/EEC should be amended accordingly; 

OJL  332, 30.12.1995, p. 15. 
OJ L 86,  6. 4.1979, p. 30. Directive last amended by Commission Directive 97/47/EC 
(OJL211,  5. 8.1997, p.45.). 
OJ L 281, 9.10.1991, p. 23. Decision last amended by Commission Decision 97/582/EC 
(OJL  237, 28.8.1997, p. 39). 
O JL  125,23. 5.1996,  p. 35. 

Whereas  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;  whereas  it  is 

necessary  therefore  to  provide  also  that  feed  materials  must  not  present  a  threat  to  the 

environment; 

Whereas  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,8 lays down the rules  for  the placing  on the market  of animal waste  intended  for 

uses other than human consumption; 

Whereas  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; 

Whereas  there  is  a  need  to  ensure  that  instruments  relating  to  animal  nutrition  and  to  the 

veterinary sector are in perfect  concordance; 

Whereas, in order to provide users  and  control  authorities  with  the means  to verify  without 

difficulty  origin  and  compliance  with  the  health  guarantees  offered  by  feed  materials  with 

regard to Directive 90/667/EEC, it is necessary to include among the indications required  for 

those  animal  waste  products  the  name  and  address  of  the  producing  establishment,  the 

approval  number  and  the  reference  number  of  the  batch  or  any  other  particulars  that  will 

ensure that the feed material can be traced, 

8  OJ L 363, 27.12.1990, p. 51. Directive last amended by the Act of Accession of  Austria, 

Finland and Sweden (OJ C 241, 29. 8.1994, p. 155.). 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Directive 79/373/EEC is amended as follows: 

1.  In Article 5(1), point (k) is replaced by the  following: 

"(k) from 1  April 2001, the approval number allocated to the establishment  in  accordance 

with  Article  5  or  the  registration  number  allocated  to  the  establishment  in 

accordance  with  Article  10  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." 

2. 

In Article  10, point (c) is deleted. 

3. 

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

4. 

In Article  10a, the following paragraph  is added: 

" 3.  Member States shall prescribe that the feed  materials  appearing  on the list provided 

for  in  Article  11(c)  of  Directive  96/25/EC  may  not  be  used  in  the  preparation  of 

compound  feedingstuffs". 

Article 2 

Directive 96/25fEC is amended as follows: 

1.  The title is 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.  Article  1(1) is replaced by the  following: 

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

Community." 

3.  Article 3 is replaced by the following: 

"Article 3 

Without  prejudice  to  the  obligations  arising  under  other  Community  provisions, 

Member  States  shall  prescribe  that  feed  materials  may  circulate  or  be  used  in  the 

Community  only  if  they  are  sound,  genuine  and  of  merchantable  quality.  They  shall 

prescribe  that  these materials  may  represent  no  danger  to  animal  or  human  health  or  to 

the  environment  and  may  not  be  put  into  circulation  in  a  manner  that  is  liable  to 

mislead." 

4. 

In Article 5(1), point (g) is 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 and 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 Council Directive 90/667/EEC; 

(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 is amended as follows: 

(a)  The words "Article  14" are replaced by "Article 13"; 

(b)  Point (b) is replaced by the following: 

"(b) a  list  of  feed  materials  whose  circulation  and  use  are  prohibited  shall  be 

established in order to ensure compliance with Article 3; 

(c)  amendments to the Annex and to the list referred  to in point (b) shall be adopted 

in the light of advances in scientific  and technical knowledge." 

10 

Article 3 

1.  Member  States shall  adopt  and publish  not  later than  30 June  1998 the  laws,  regulations 

and  administrative provisions necessary  to comply with this Directive. They shall  inform 

the Commission thereof forthwith. The provisions adopted shall apply from 1  July 1998. 

Where  the  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 

Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 

publication. The procedure for such reference shall be adopted 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  twentieth  day  following  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 

n 

ISSN 0254-1475 

COM(98) 435  final 

DOCUMENTS 

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03  02  05  07 

Catalogue  number  :  CB-CO-98-447-EN-C 

ISBN  92-78-38045-8 

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