Council Directive 1999/20/EC of 22 March 1999 amending Directives 70/524/EEC concerning additives in feedingstuffs, 82/471/EEC concerning certain products used in animal nutrition, 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: 1999-03-22
Institutions: Council of the European Union
Subjects: EU control, animal nutrition, food additive, food inspection, marketing standard

L 80/20

EN

Official Journal of the European Communities

25. 3. 1999

COUNCIL DIRECTIVE 1999/20/EC

of 22 March 1999

amending Directives 70/524/EEC concerning additives in feedingstuffs, 82/
471/EEC concerning certain products used in animal nutrition, 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 Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas Articles 13 to 16 of Directive 70/524/EEC (4), as
amended by Directive 96/51/EC (5),
lay down certain
provisions on the distribution and incorporation in
feedingstuffs of additives and premixtures and the label-
ling of additives, premixtures and compound feeding-
stuffs;

Whereas Directive 82/471/EEC (6) makes provision in
Article 3 and in the Annex for certain measures for the
distribution and labelling of those products;

Whereas the deadline of 1 April 1998 laid down for
implementation by the Member States of the amend-
ments to Directives 70/524/EEC and 82/471/EEC, intro-
duced respectively by Directive 96/51/EC and Directive
95/69/EC (7) is incompatible with the dates laid down by
Directive 95/69/EC for
the completion of approval
procedures (1 April 2001) and registration procedures (1
September 1998) for certain establishments and interme-
diaries operating in the animal feed sector; whereas the
provisions in question apply without prejudice to the
deadlines laid down in Directive 95/69/EC; whereas
Directives 70/524/EEC and 82/471/EEC must neverthe-
less be amended for reasons of legal consistency;

(1) OJ C 266, 25. 8. 1998, p. 14.
(2) OJ C 328, 26. 10. 1998, p. 80.
(3) OJ C 40, 15. 2. 1999, p. 10.
(4) OJ L 270, 14. 12. 1970, p. 1. Directive as last amended by

Directive 98/92/EC (OJ L 346, 22. 12. 1998, p. 49).

(5) OJ L 235, 17. 9. 1996, p. 39.
(6) OJ L 213, 21. 7. 1982, p. 8. Directive as last amended by

Directive 96/25/EC (OJ L 125, 23. 5. 1996, p. 35).

(7) OJ L 332, 30. 12. 1995, p. 15. Directive as amended by

Directive 98/92/EC.

Whereas Council Directive 95/53/EC of 25 October 1995
fixing the principles governing the organisation of official
inspections in the field of animal nutrition (8) must cover
all products and substances used in animal feedingstuffs
in the Community;

in order to achieve that objective, Directive
Whereas,
96/25/EC 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 feedingstuffs (9) should be
deleted from that list, as it has since been repealed by
Directive 96/25/EC;

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 mean time, it is therefore
necessary, with a view to official inspections in the field
of animal nutrition,
in particular on trade within the
Community, that the 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;

Whereas Directives 70/524/EC, 82/471/EEC, 95/53/EC
and 95/69/EC should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

1. in Article 13, the following paragraph shall be added:

‘6.
Paragraphs 1 to 3 shall apply without prejudice
to Article 4(2) and Article 9(2) of Directive 95/69/EC'.

(8) OJ L 265, 8. 11. 1995, p. 17.
(9) OJ L 32, 3. 2. 1977, p. 1. Directive repealed by Directive 96/

25/EC (OJ L 125, 23. 5. 1996, p. 35).

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Official Journal of the European Communities

L 80/21

2. The following Article shall be inserted:

‘Article 16a

Articles 14 to 16 referring to the approval and registra-
tion numbers provided for in Directive 95/69/EC shall
apply from 1 April 2001'.

Article 2

Directive 82/471/EEC is hereby amended as follows:

1. in Article 3, the following paragraph shall be added:

Paragraph 3 shall apply without prejudice to

‘4.
Article 4(2) of Directive 95/69/EC'.

2. In the Annex, for the products referred to in Chapter
1, point 1(a) of Directive 95/69/EC,
in column 7
(‘special provisions'), the final indent in the details to
be given on the packaging of the product, on the
container or on a label affixed thereto shall be replaced
by the following text:

‘— as from 1 April 2001: approval number'.

Article 3

In Directive 95/53/EC, in Article 2(1)(a), the third indent
shall be replaced by the following:

circulation of

‘— Council Directive 96/25/EC of 29 April 1996 on
the
amending
Directives 70/524/EEC, 74/63/EEC, 82/471/EEC
and 93/74/EEC and repealing Directive 77/101/
EEC'.

feed materials,

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 corresponding establishments referred to in
Article 4(2) which have submitted applications for
approval on which the Member States have not yet
taken a decision'.

Article 5

By 30 September 1999, Member States shall adopt
1.
regulations and administrative
and publish the laws,
provisions necessary to comply with this Directive. They
shall
forthwith inform the Commission thereof. The
Member States shall apply the measures from 1 October
1999.

2. When Member States adopt the measures referred to
in paragraph 1, they shall contain a reference to this
Directive or shall be accompanied by such reference on
the occasion of their official publication. The methods of
making such a reference shall be laid down by Member
States.

3. 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.

Article 6

This Directive shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

Article 4

Article 7

In Directive 95/69/EC in Article 6(2), the second and
third sentences shall be replaced by the following:

‘Before 31 December each year, Member States shall
send to the other Member States a list of the establish-
ments referred to in Article 2(2)(a) and (b) and of the
intermediaries approved in accordance with Article
3(1) and a list of corresponding establishments and
intermediaries referred to in Article 4(2) which have

This Directive is addressed to the Member States.

Done at Brussels, 22 March 1999.

For the Council

The President

G. VERHEUGEN