Commission Directive 98/54/EC of 16 July 1998 amending Directives 71/250/EEC, 72/199/EEC, 73/46/EEC and repealing Directive 75/84/EEC (Text with EEA relevance)
Date: 1998-07-16
Institutions: European Commission
Subjects: animal nutrition, food inspection, health risk, toxic substance, veterinary drug, veterinary legislation

24. 7. 98

EN

Official Journal of the European Communities

L 208/49

COMMISSION DIRECTIVE 98/54/EC

of 16 July 1998

amending Directives 71/250/EEC, 72/199/EEC, 73/46/EEC and repealing Directive
75/84/EEC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 70/373/EEC of 20
July 1970 on the introduction of Community methods of
sampling and analysis for the official control of feeding-
stuffs (1), as last amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 2
thereof,

Whereas Directive 70/373/EEC stipulates that official
controls of
feedingstuffs for the purpose of checking
compliance with the requirements arising under the laws,
regulations and administrative provisions governing their
quality and composition must be carried out using
Community sampling and analysis methods;

Whereas the First Commission Directive 71/250/EEC of
15 June 1971 establishing Community methods of
analysis for the official control of feedingstuffs (2) as last
amended by Directive 81/680/EEC (3) sets out methods of
analysis for, inter alia, the determination of lupin alka-
loids; whereas Council Directive 74/63/EEC of 17
December 1973 on the fixing of maximum permitted
levels for undesirable substances and products in feeding-
stuffs (4), as last amended by Commission Directive 97/8/
EC (5), does not require that feedingstuffs are officially
controlled for the presence of lupin alkaloids; whereas,
therefore, a Community method of analysis for the offi-
cial control of lupin alkaloids is not necessary and it is
appropriate to delete this method;

Whereas the Third Commission Directive 72/199/EEC of
27 April 1972 establishing Community methods of
analysis for the official control of feedingstuffs (6), as last
amended by Directive 93/28/EC (7) sets out methods of
analysis for, inter alia, the detection and identification of
antibiotics of the tetracycline group, the determination of
chlortetracycline, oxytetracycline and tetracycline and the
determination of oleandomycin; whereas these methods
the purposes of Council
are no longer
Directive 70/524/EEC of 23 November 1970 concerning

required for

(1) OJ L 170, 3. 8. 1970, p. 2.
(2) OJ L 155, 12. 7. 1971, p. 13.
(3) OJ L 246, 29. 8. 1981, p. 32.
(4) OJ L 38, 11. 2. 1974, p. 31.
(5) OJ L 48, 19. 2. 1997, p. 22.
(6) OJ L 123, 29. 5. 1972, p. 6.
(7) OJ L 179, 22. 7. 1993, p. 8.

additives in feedingstuffs (8), as last amended by Commis-
sion Directive
98/19/EC (9); whereas
the methods
described are no longer valid in the light of advances in
scientific and technical knowledge for use for other
purposes; whereas it is therefore appropriate to delete
these methods;

Whereas the Fourth Commission Directive 73/46/EEC of
5 December 1972 establishing Community methods of
analysis for the official control of feedingstuffs (10), as last
amended by Directive 92/89/EC (11), sets out methods of
analysis for, inter alia, the determination of thiamine
(vitamin B1, aneurine) and the determination of ascorbic
acid and dehydroascorbic acid (vitamin c); whereas these
methods are no longer valid for their intended purpose
and have been superseded by advances in scientific and
technical knowledge; whereas it is therefore appropriate
to delete these methods;

Whereas the Sixth Commission Directive 75/84/EEC of
20 December 1974 establishing Community methods of
analysis for the official control of feedingstuffs (12), as last
amended by Directive 81/680/EEC, sets out methods of
analysis for the determination of buquinolate, sulphaqui-
noxaline and furazolidone; whereas these methods are no
longer
the purposes of Directive 70/
524/EEC; whereas there are grounds to assume in the
light of advances in scientific and technical knowledge
that these methods yield incorrect results; whereas it is
preferable to have no method of analysis rather than a
method which yields false results; whereas it is therefore
appropriate to delete these methods;

required for

Whereas in accordance with Council Directive 95/53/EC
of 25 October 1995 fixing the principles governing the
organisation of official inspections in the field of animal
nutrition (13), and in particular Article 18 thereof, Member
States,
in the absence of Community methods of
sampling and analysis, ensure that methods of analysis are
used, complying with standards recognised by inter-
national bodies or,
in the absence of such standards,
complying with scientifically recognised rules;

(8) OJ L 270, 14. 12. 1970, p. 1.
(9) OJ L 96, 28. 3. 1998, p. 39.
(10) OJ L 83, 30. 3. 1973, p. 21.
(11) OJ L 344, 26. 11. 1992, p. 35.
(12) OJ L 32, 5. 2. 1975, p. 27.
(13) OJ L 265, 8. 11. 1995, p. 17.

L 208/50

EN

Official Journal of the European Communities

24. 7. 98

Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee on Feedingstuffs,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 71/250/EEC is amended as follows:

1. in Article 1,

‘and the determination of alkaloids in

lupins' is deleted;

2. point 15,

‘Determination of lupin alkaloids', in the

Annex to the Directive is deleted.

Article 2

Directive 72/199/EEC is amended as follows:

1. in Article 2, ‘of detecting and identifying antibiotics of
the tetracycline group and also' and ‘chlortetracycline,
oxytetracycline, tetracyclin, oleandomycin,' are deleted;

2. points 1, ‘Detection and identification of antibiotics of
the tetracycline group', 2, ‘Determination of chlortetra-
cycline, oxytetracycline and tetracycline' and 3, ‘Deter-
mination of oleandomycin'
to the
Directive are deleted.

in Annex II

2. points 2,

‘Determination of

thiamine (vitamin B1,
aneurine)' and 3,
‘Determination of ascorbic acid and
dehydroascorbic acid (vitamin C)' in Annex II to the
Directive are deleted.

Article 4

Directive 75/84/EEC is repealed.

Article 5

The Member States shall bring into force the laws, regula-
tions or administrative provisions necessary to comply
with the provisions of this Directive, not later than nine
months after its entry into force. They shall forthwith
notify the Commission thereof.

When Member States adopt these provisions, the provi-
sions shall contain a reference to this Directive or shall be
accompanied by such reference at the time of their offi-
cial publication. The procedure for such reference shall be
adopted by Member States.

Article 6

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.

Article 3

Done at Brussels, 16 July 1998.

Directive 73/46/EEC is amended as follows:

1. in Article 2, ‘thiamine (aneurine, vitamin B1), ascorbic
and dehydroascorbic acids (vitamin C)' is deleted;

For the Commission

Franz FISCHLER

Member of the Commission