Amended 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: 1998-07-27
Institutions: European Commission
Subjects: animal feedingstuffs, animal nutrition, dietary product, manufactured feedingstuffs, marketing

2.9.98

EN

Official  Journal  of  the  European  Communities

C  273/11

Amended  proposal  for  a  European  Parliament  and  Council  Directive  amending  Council
intended  for  particular  nutritional  purposes  and
Directive  93/74/EEC  on  feedingstuffs 

amending  Directives  74/63/EEC,  79/373/EEC  and  82/471/EEC (˛)

(98/C  273/06)

COM(1998)  484  final  -  97/0208(COD)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  27  July  1998)

In  response  to  the  opinion  delivered  by  the  European
Parliament  at  its  plenary  session  of  19  February  1998  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,  in  accordance  with  Article  189a(2)  of  the
the
Treaty  establishing 
Commission  has  decided  to  amend  the  above  proposal  as
follows:

the  European  Community, 

1.(cid:217)After  the  first  recital,  the  following  recitals  are  added:

"whereas  nutritional  supplements  have  been  on  the
market  for  some  years  in  certain  Member  States  and
whereas  a  European 
should  be  established
list 
enumerating  recognised  nutritional  objectives  in  the
various  Member  States;

whereas,  unlike  feedingstuffs  intended  for  particular
nutritional  purposes,  nutritional 
supplements  are
added  to  ordinary  feedingstuffs  without  taking  their
place  and  are  therefore  used  for  short  periods  only;’.

2.(cid:217)Article  2(1)(d)  and  (e)  are  replaced  by  the  following:

"(d) nutritional  supplements  for  animals:

shall  mean  preparations  comprising  substances
with  an  exclusively  nutritional  purpose  which,  by
virtue  of  their  nature,  concentration  or  specific
conditions  of  use  are  intended  to  be  administred
to  animals  orally  in  addition  to  their  daily  feed
so  as  to  meet  temporarily  increased  needs  in
certain  breeding  or 
living  circumstances  and
cannot  be  considered  as  complementary  feed(cid:220)
ingstuffs  or  feedingstuffs  for  particular  nutri(cid:220)
tional  purposes.

(e) particular  nutritional  purpose:

shall  mean  the  purpose  of  satisfying  the  specific
nutritional  needs  of  certain  pets  or  productive
livestock  whose 
assimilation,
process 
absorption  or  metabolism  could  be  temporarily
irreversibly
impaired  or 

temporarily  or 

of 

is 

impaired  and  are  therefore  able  to  derive  benefit
from  an  adjustment  of  their  nutrition  appropriate
to  their  condition’.

3.(cid:217)Article  3  is  replaced  by  the  following:

"Article  3

1.(cid:218)(cid:217)The  Member  States  shall  require  that  the  feed(cid:220)
ingstuffs  intended  for  a  particular  nutritional  purpose
be  intended  for  a  dietetic  nutritional  purpose  within
the  meaning  of  Article  2(e).

2.(cid:218)(cid:217)The  Member  States  shall  require  that  nutritional
supplements  for  animals:

-(cid:217)achieve  the  nutritional  purposes  as  defined 

in

Article  2(e).

in  particular  require 

that  nutritional
They  shall 
supplements  for  animals  do  not  contain  medicines  or
antibiotic  additives,  growth  promoters,  coccidiostats
or  medicinal  substances.

Furthermore,  with  a  view  to  entry  on  the  list  of  auth(cid:220)
orised  uses  of  nutritional  supplements  for  animals  in
accordance  with  Article  8,  nutritional  purposes  shall:

-(cid:217)be  intended  to  meet  temporarily  nutritional  needs
lasting  no  more  than  seven  days  in  the  case  of
species  or  categories  of  animal,  the  products  from
which  are  intended  for  human  consumption,

and

-(cid:217)not  be  achieved  by  a  simple  change 

the
composition  of  ordinary  compound  feedingstuffs
of  by  a  feedingstuff 
intended  for  a  particular
nutritional  purpose.

in 

3.(cid:218)(cid:217)The  nature,  composition  and  method  of  admin(cid:220)
istration  of  feedingstuffs  for  particular  nutritional
purposes  and  of  nutritional  supplements  for  animals
shall  be  such  that  they  are  appropriate  for  the
intended  purpose’.

4.(cid:217)Article  6(1)(b)  is  replaced  by:

"(b)(cid:217)the  precise  use,  i.(cid:216)e.  dietetic  nutritional  purpose’.

(˛)(cid:217)OJ  C  298,  30.9.1997,  p.  10.