Proposal for a Council directive amending Directives 70/524/EEC concerning additives in feedingstuffs, 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector
Date: 1998-07-13
Institutions: European Commission
Subjects: EU control, animal nutrition, food additive, food inspection, health control

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  13.07.1998 
COM(1998) 438 final 

98/ 0237 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directives 70/524/EEC concerning additives in feedingstuffs,  95/53/EC fixing 

the principles governing the organisation of official  inspections in the field of animal 

nutrition and 95/69/EC laying down the conditions and arrangements for approving and 

registering certain establishments and intermediaries operating in the animal feed sector 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

!f 

Amendment  of Council Directive 70/524/EECi 

On  23 July 
the  Council 
Directive 70/524/EEC concerning additives in  feedingstuffs2. 

adopted  Directive 96/51/EC 

1996, 

amending 

The  Directive  lays  down  provisions  on  the  distribution  and  incorporation  in 
feedingstuffs  of  additives  and  premixtures  and  the  labelling  of  additives, 
premixtures and compound feedingstuffs  which apply from  1  April 1998. 

for  approving  and 
the 
operating 

Council  Directive 95/69/EC  of 22 December  1995 laying  down the conditions and 
registering  certain  establishments  and 
arrangements 
amending 
sector 
animal 
intermediaries 
Directives 70/524/EEC,  74/63/EEC,  79/373/EEC  and  82/471/EEC3  lays  down  a 
detailed  timetable  for  the  procedures  for  the  approval  and  registration  of  such 
establishments and intermediaries. 

feed 

and 

in 

The date  laid  down  for  the adoption  by the  Member  States  of the amendments  to 
Directive 70/524/EEC 
is 
incompatible with the dates laid down by Directive 95/69/EC  for the completion of 
the  abovementioned  approval  procedures 
registration 
procedures (1 September  1998). 

introduced  by  Directive 96/51 /EC 

(1 April  2001)  and 

(1 April  1998) 

The  proposed  measures  are  intended  to  clarify  the  fact  that  the  new  rules  on  the 
distribution  of  additives,  premixtures  and  compound 
the 
incorporation in animal feedingstuffs  of additives and premixtures and the labelling 
of  additives,  premixtures  and  compound  feedingstuffs  are  applicable  without 
prejudice  to the time  limits  laid  down by Directive 95/69/EC  for  the approval  and 
registration of establishments and intermediaries by Member States. 

feeduigstuffs, 

OJ  L270,  14.12.1970,  p.  1.  Directive  last  amended  by  Commission  Directive 98/19/EC  (DJ  L 96, 
28.3.1998, p. 39). 

2  OJL 235, 17.9.1996, p. 39. 

3  OJL  332, 30.12.1995, p. 15. 

•i 

II.  Amendment of Council Directive 95/53/EC* 

Directive 95/53/EC sets out the principles governing the organisation  of checks on 
products  used  in animal  nutrition  and  lays down a list of  Directives to which they 
apply.  This 
replaced  by 
Directive 96/25/EC6 from 1  July  1998. Directive 96/25/EC should therefore  replace 
Directive 77/101/EEC in the list given in Directive 95/53/EC. 

includes  Directive 77/101/EEC5, 

to  be 

list 

III.  Amendment  of Council Directive 95/69/EC 

Directive 95/69/EC  lays  down  that  Member  States  must  each  year  send  the  other 
Member  States  a  list  of  approved  establishments.  It  also  lays  down  that  the 
approval  procedures  for  establishments  must  be  completed  by  1  April  2001. 
Member  States  clearly  are  not  obliged  to  include  in  the  abovementioned  lists 
information  on establishments in operation but still not approved. In the interests of 
transparency  between Member  States and with a view to official  inspections  in the 
field of animal nutrition, in particular on trade within the Community, the proposed 
measures lay down that the lists must also include information  on establishment  in 
operation but which have not yet received officiai  approval. 

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

4  OJL 265,25.10.1995, p. 17. 

5  OJ L 32,3.2.1977, p. 1. Directive repealed by Directive 96/25/EC (OJ L 125,23.5.1996, p. 35). 

6  OJL 125,23.5.1996, p. 35. 

Proposal for a 

COUNCIL DIRECTIVE 

of 

amending Directives 70/524/EEC concerning additives in feedingstuffs,  95/53/EC  fixing 

the principles governing the organisation of official  inspections in the field  of animal 

nutrition and 95/69/EC laying down the conditions and arrangements for approving and 

registering certain establishments and intermediaries operating in the animal  feed  sector 

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 Commission1, 

Having regard to the opinion of the European  Parliament2, 

I laving regard  to the opinion  of the Economic and Social Committee*, 

Whereas  Articles  13  to  16  of  Council  Directive 70/524/EEC  of  23 November  1970 

concerning  additives  in  feedingstuffs4,  as  amended  by  Directive 96/51 /EC5,  lay  down 

certain  provisions  on  the distribution  and  incorporation  in  feedingstuffs  of additives and 

premixtures and the labelling of additives, premixtures and compound  feedingstuffs; 

1 

1 

(  ).i  I. 

o.i  i. 

•* 

(XI 1. 

1 

(XI  1,270,  M.12.1970,  p.  I.  Directive  last  amended  by  Commission  Directive  *)8/1Wl-C  ((XI  L  %, 
28.3.1W8,  p.  y)). 

s 

(XI  I.  235,  17.0.19%,  p. 3lX 

V 

Whereas the deadline of  1  April  1998 laid down for the adoption by the Member  States 

of  the  amendments  to  Directive 70/524/EEC  introduced  by  Directive 96/51/EC  is 

incompatible  with  the  dates  laid  down  by  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/EEC6 for the completion of 

approval  procedures  (1 April  2001)  and  registration  procedures  (1 September  1998); 

whereas  the provisions  concerned  apply  without  prejudice  to the deadlines  laid down  in 

Directive 95/69/EC;  whereas  Directive 70/524/EEC  must  nevertheless  be  amended  for 

reasons of legal security; 

Whereas Council Directive 95/53/EC of 25 October 1995 fixing the principles governing 

the  organisation  of  official  inspections  in the field of  animal  nutrition7  must  cover  all 

products and substances used in animal feedingstuffs  in the Community; 

Whereas, in order to achieve that objective, Council Directive 96/25/EC 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/EEC8 should be included in 

the  list  of  legislation  to  which  Directive 95/53/EC  applies;  whereas  the  reference  to 

Council  Directive 77/101/EEC  of  23 November  1976  on  the  marketing  of  straight 

feedingstuffs9  should  be  deleted  from  that  list,  as  it  has  since  been  repealed  by 

Directive 96/25/EC; 

*  OJL 332,30.12.1995, p. 15. 

7  OJL 265,25.10.1995, p. 17. 

8  OJL 125,23.5.1996,p. 35. 

9  OJ L 32,3.2.1977, p. 1. Directive repealed by Directive 96/25/EC (OJ L 125,23.5.1996, p. 35). 

r 

Whereas  Directive 95/69/EC  lays  down  that  each  year  Member  States  must  send  the 

other  Member  States  a  list  of  approved  establishments;  whereas  the  procedures  for  the 

approval  of  establishments  must  be  completed  by  1  April  2001;  whereas,  in  the 

meantime, with a view to official  inspections in the field of animal nutrition, in particular 

on trade within the Community,  that communication  should  also include  establishments 

which,  although  not  yet  approved,  can,  in  accordance  with  the conditions  laid  down by 

the Directive, continue to carry out their activities, 

HAS ADOPTED THIS DIRECTIVE: 

Aûicie_I 

Directive 70/524/EEC is hereby amended as follows: 

1.  The following paragraph 6 is added to Article 13 : 

"6. 

Paragraphs 1 and 3 shall apply without prejudice to Articles 4(2) and 9(2) 

of Directive 95/69/EC." 

2. 

The following Article 16a is inserted: 

"Alûcje_l£â 

The  provisions  of  Articles 14  to  16  referring  to  the  approval  and  registration 

numbers provided for in Directive 95/69/EC shall apply from 1 April 2001." 

Article 2 

Directive 95/53/EC is hereby amended as follows: 

The third indent of Article 2(1 )(a) is replaced by the following: 

Council  Directive 96/25/EC  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". 

Article 3 

Directive 95/69/EC is hereby amended as follows: 

The second and third sentences of Article 6(2) are replaced by the following: 

"Before  31 December each year, Member States shall send the other Member States a list 

of  the  establishments  referred  to  in  Article 2(2)(a)  and  (b)  and  of  the  intermediaries 

approved  in accordance with Article 3(1) and  a list of establishments  and  intermediaries 

referred  to  in Article 4(2) which have  submitted  applications  for  approval  on which  the 

Member States have not yet taken a decision. 

On request, the Member States shall send the other Member States all or part of the list of 

establishments  referred  to  in  Article 2(2)(c)  to  (f)  and  all  or  part  of  the  list  of 

establishments referred to in Article 4(2) which have submitted applications for approval 

on which the Member States have not yet taken a decision." 

1-

Article 4 

1.  By  30 June  1998, the Member  States  shall  adopt  and publish  the laws, regulations 

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

immediately  inform  the  Commission  thereof.  The  measures  adopted  shall  apply 

from  1  July  1998  and  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 a reference  shall be adopted by Member States. 

2.  Member  States  shall  send  the  Commission  the  text  of  the  main  provisions  of 

domestic law which they adopt in the field governed by this Directive. 

Aûiclej; 

This  Directive  shall  enter  into  force  on  the  20th  day  following  its  publication  in  the 

Official Journal of the European Communities. 

This Directive is addressed to the Member States. 

Ariicje_£ 

Done at 

For the Council» 

The President 

t 

ISSN 0254-1475 

COM(98) 438 final 

DOCUMENTS 

EN 

03  06  08  15 

Catalogue  number  :  CB-CO-98-449-EN-C 

ISBN  92-78-38067-9 

Office  for Official  Publications  of  the European  Communities 

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