Common Position (EC) No 3/2000 of 15 November 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials.
Date: 1999-11-15
Institutions: Council of the European Union
Subjects: animal nutrition, free movement of goods, manufactured feedingstuffs, marketing, raw material

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 3/2000

adopted by the Council on 15 November 1999

with a view to adopting Directive 2000/…/EC of the European Parliament and of the Council of
… amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive
96/25/EC on the circulation of feed materials

(2000/C 17/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 152(4) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1) 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 Direc-
tives
and
74/63/EEC,
82/471/EEC (4) lays down the principle of allocating an
approval number to certain establishments or intermedi-
aries; for reasons of transparency and in order to facilitate

70/524/EEC,

79/373/EEC

checks, the registration number or approval number, as
the case may be, should be required to be shown on the
label or in the document accompanying the compound
feedingstuffs;

the

(2) Article 2(1) of Council Directive 79/373/EEC of 2 April
1979 on the marketing of compound feedingstuffs (5)
defines the minimum storage life of a compound feed-
ingstuff as lasting until that date until which, under
proper storage conditions, that feedingstuff retains its
specific properties;
term ‘specific properties’
encompasses all
the properties which determine the
quality of a compound feedingstuff, particularly the
effectiveness of the additives it contains; this effectiveness
is indicated by the expiry date of the guarantee, which
has to be stated in accordance with Council Directive
70/524/EEC (6);
in all cases in which the
minimum storage life of an additive is the limiting factor
as regards the quality of a compound feedingstuff, this
date is decisive in determining the minimum storage life
of the compound feedingstuff; however, the relevant
provision in Article 5d(1), second subparagraph, of Direc-
tive 79/373/EEC does not provide sufficient clarity and
should therefore be replaced;

therefore,

(1) OJ C 261, 19.8.1998, p. 3.
(2) OJ C 101, 12.4.1999, p. 89.
(3) Opinion of

the European Parliament of 16 December 1998
(OJ C 98, 9.4.1999, p. 150), Council Common Position of
15 November 1999 and Decision of the European Parliament of
… (not yet published in the Official Journal).

(4) OJ L 332, 30.12.1995, p. 15. Directive as last amended by

Directive 1999/29/EC (OJ L 115, 4.5.1999, p. 32).

(5) OJ L 86, 6.4.1979, p. 30. Directive as last amended by Com-
mission Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).
(6) OJ L 270, 14.1.1970, p. 1. Directive as last amended by Com-
mission Regulation (EC) No 45/1999 (OJ L 6, 12.1.1999, p. 3).

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(3) The German version of Directive 79/373/EEC uses the
term ‘circulation’‘Verkehr’, instead of ‘marketing’‘Vermark-
tung’, as in the other language versions; since there is a
difference in meaning, the language versions need to be
aligned; since the scope of more recent Directives on
animal feed law usually extends to ‘putting into circu-
lation’ or ‘circulation’, Directive 79/373/EEC should be
‘circulation’
adjusted accordingly and a definition of
(‘putting into circulation’) should be included;

(4)

(5)

In accordance with Council Directive 79/373/EEC, Com-
mission Decision 91/516/EEC (1) establishes a list of
ingredients whose use is prohibited in compound feeding-
stuffs for reasons related to the protection of human and
animal health; this ban does not, however, cover the
circulation of such materials as feed materials or the use
of these materials as such as feed materials by livestock
farmers;

In order to remedy this situation, it is necessary, firstly,
to widen the scope of Council Directive 96/25/EC of
feed materials,
29 April 1996 on the circulation of
amending
74/63/EEC,
70/524/EEC,
Directives
82/471/EEC and 93/74/EEC and repealing Council Direc-
tive 77/101/EEC (2), in order to cover the use of feed
materials as well; secondly, a list of materials whose
circulation or use as feed materials is prohibited or
restricted should be drawn up to replace Commission
Decision 91/516/EEC, so that the scope of the prohib-
itions or restrictions is general and applies both to the
use of the feed materials as such as well as to their use in
compound feedingstuffs; Council Directive 79/373/EEC
should be amended accordingly;

(6) 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; it is therefore necessary to
provide also that feed materials must not represent any
danger to the environment;

(7) 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

and

fish origin,

animal or
amending Directive
90/425/EEC (3), lays down the rules for the placing on the
market of animal waste intended for uses other than
human consumption, and 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; there is a need
to ensure that instruments relating to the veterinary
sector and to animal nutrition are in perfect concordance;

(8)

In order to provide users and control authorities with the
means to verify without difficulty the origin of feed
materials and their compliance with the health guarantees
with regard to Directive 90/667/EEC, it is necessary to
include among the indications required for those feed
materials the name and address of the producing estab-
lishment, the approval number, the reference number of
the batch or any other particulars that will ensure that
the feed material can be traced;

(9) Council Directives 79/373/EEC and 96/25/EC should be

amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 79/373/EEC is amended as follows:

1.

In Article 2, the following subparagraph shall be added:

‘(m) “putting into circulation” or “circulation”: the holding
of compound feedingstuffs for the purposes of sale,
including offering for sale, or any other form of
transfer, whether free or not, to third parties, and the
sale and other forms of transfer themselves.’

2.

In Article 5(1) point (k) shall be replaced by the following:

‘(k) from 1 April 2001, the approval number allocated to
the establishment in accordance with Article 5 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 (*)
the registration number
or, as the case may be,
allocated to the establishment in accordance with
Article 10 of that Directive.

(*) OJ L 332, 30.12.1995, p. 15. Directive as last amended
by Council Directive 1999/29/EC (OJ L 115, 4.5.1999,
p. 32).’

(1) OJ L 281, 9.10.1991, p. 23. Decision as last amended by Com-
mission Decision 1999/420/EC (OJ L 162, 26.6.1999, p. 69).
(2) OJ L 125, 23.5.1996, p. 35. Directive as last amended by Com-
mission Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).

(3) OJ L 363, 27.12.1990, p. 51. Directive as last amended by the

1994 Act of Accession.

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3.

In Article 5d(1), the second subparagraph shall be replaced
by the following:

4.

In Article 5(1), point (g) shall be replaced by the following:

‘Where other Community provisions concerning com-
pound feedingstuffs require indication of a minimum
storage life or an expiry date of guarantee, the indication
referred to in the first subparagraph shall be made, giving
only the earliest date.’

‘(g) the name or business name and the address or
registered place of business of the producing establish-
ment, the approval number, the reference number of
the batch or any other particulars which ensure
the feed material can be traced, where the
that
establishment must be approved in accordance with:

4.

In Article 10, point (c) shall be deleted.

— Directive 90/667/EEC (*),

5.

In Article 10(e), the words ‘and the lists referred to in
points (b) and (c)’ shall be deleted.

6.

In Article 10a, the following paragraph shall be added:

‘3. Member States shall prescribe that the feed materials
appearing on the list provided for in Article 11(b) of
Directive 96/25/EC may not be used as feed materials in
the preparation of compound feedingstuffs, in accordance
with the provisions laid down in that Directive.’

7. Throughout the Directive, the term ‘marketing’ shall be

replaced by ‘circulation’.

8.

(Does not concern the English version).

— Community measures included on a list to be
drawn up in accordance with the procedure set out
in Article 13;

(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).

(*) OJ L 363, 27.12.1990, p. 51. Directive as last amended

by the 1994 Act of Accession.’

5. Article 11 shall be amended as follows:

(a) the words ‘Article 14’ shall be replaced by ‘Article 13’;

Article 2

(b) point (b) shall be replaced by the following:

Directive 96/25/EC is amended as follows.

1. The title shall be 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.

In Article 1(1) shall be replaced by the following:

‘(b) a list of materials whose circulation or use for
animal nutrition purposes is restricted or prohibit-
ed shall be drawn up in order to ensure their
compliance with Article 3;

(c) amendments to the list referred to in point (b) shall
be adopted in the light of advances in scientific and
technical knowledge;

‘1. This Directive shall apply to the circulation and use of
feed materials within the Community.’

(d) amendments to the Annex shall be adopted in
the light of advances in scientific and technical
knowledge.’

3. Article 3 shall be replaced by the following:

‘Article 3

Without prejudice to the obligations arising under other
Community provisions, Member States shall prescribe
that feed materials may be put into circulation in the
Community only if
they are of sound, genuine and
merchantable quality. They shall prescribe that, when put
into circulation or use, feed materials must not represent
any danger to animal or human health or to the environ-
ment and must not be put into circulation in a manner
that is liable to mislead.’

Article 3

1. Member States shall adopt and publish not later than
... (*),
the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof. The provisions adopted shall
apply at the latest from ... (**).

(*) 12 months after the entry into force of this directive.
(**) 18 months after the entry into force of this directive.

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When the Member States adopt these measures, 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 reference shall be laid down by
the Member States.

Article 5

This Directive is addressed to 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.

Done at ...

Article 4

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

For the European Parliament

For the Council

The President

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 14 July 1998, the Commission submitted to the Council a proposal based on Article 100a of
the EC Treaty, amending Directive 79/373/EEC on the marketing of compound feedingstuffs and
Directive 96/25/EC on the circulation of feed materials (1).

2. The European Parliament delivered a first opinion to the Commission proposal on 16 December
1998, and approved it without amendment (2). The Economic and Social Committee delivered its
opinion on 28 January 1999 (3). On the entry into force of the Amsterdam Treaty on 1 May
1999, the Commission changed the legal basis of the proposal to Article 152 EC. The Committee
of the Regions waived its right to present an opinion on 15 September 1999.

3. At its meeting on 15 November 1999, the Council adopted its common position in accordance

with Article 251 of the EC Treaty.

II. OBJECTIVES

4. Directive 79/373/EEC corers the marketing of compound feedingstuffs. The main aim of the
proposed amendment to the Directive is to make the measure more complete by providing for
the following:

— include a provision requiring that the label or the accompanying document to compound
feedingstuffs should show either the approval number of the establishment (as defined by
Directive 95/69/EC 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) or the
registration number, as the case may be;

— include a reference in Directive 79/373/EEC to the amendment foreseen in Directive 96/25/EC
which provides for a list of prohibited ingredients in feed materials, and which will apply to
the circulation and use of such feed materials.

5. Directive 96/25/EC regulates the circulation of feed materials within the Community. One
objective of the proposed amendment to the Directive is to broaden the scope to cover both the
circulation and use of feed materials. This means that the provisions relating to the putting into
circulation of feed materials should apply to all products used as feed, including those that are put
to direct use by livestock farmers without ever coming into circulation. In particular, the rules
relating to the safety of the feed material will now apply to all products used as feed and will
apply also at farm level.

(1) OJ C 261, 19.8.1998, p. 3.
(2) OJ C 98, 9.4.1999, p. 143.
(3) OJ C 101, 12.4.1999, p. 89.

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6. Another objective of the amendment is to fill certain gaps that currently exist in Community

legislation:

— firstly the list of ingredients specified in Commission Decision 91/516/EC (1), which may not
be used in the preparation of compound feedingstuffs, currently only applies to the marketing
of compound feedingstuffs and should therefore be repealed. In order to broaden the scope
of application, the repealed list must be replaced in Directive 96/25/EC by a negative list of
prohibited ingredients which applies to the circulation and direct use of all feed materials,
including compound feedingstuffs,

— secondly, the provisions in Directive 96/25/EC relating to the safety of the feed materials,

must set out that the feed materials must not represent a threat to the environment.

7. A final objective of the amendment to this Directive is to ensure the traceability of feed materials
composed of animal waste as defined by Directive 90/667/EEC 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 feedingstuffs of animal or fish origin and amending Directive
90/425/EEC. In order for such feed materials to be traceable from the moment they are put into
circulation up to the end use, the product label must include information by which the producers
can easily be identified (i.e. in addition to the name and address of the establishment, also the
approval number of the establishment and reference number of the batch).

III. ANALYSIS OF THE COMMON POSITION

8. The Council approved the substance of the Commission proposal with only a few amendments
to which the Commission could agree. These changes further clarify the intention of the measure
and strengthen it in the light of the BSE and dioxin crises. In addition, several editorial changes
have been made with the aim of clarifying the meaning of the text.

9. Concerning the amendments to Directive 79/373/EEC, the Council has introduced the following

changes:

— the new Article 1(1) and (7) has been added with a corresponding recital with the aim of
harmonising terminology used in existing Community legislation, notably the replacement of
the term ‘marketing’ by the term ‘putting into circulation’ which has been introduced in
Community legislation in the last decade, but which to date has not been correctly reflected
in the all language versions,

— the new Article 1(3) with a corresponding recital which clarifies that the quality of compound
feedingstuffs is also conditioned by the minimum storage life of additives contained in the
feed material, and which requires that this is made clear to the end user,

— the new Article 1(8) which provides for the replacement of the term ‘mangimi’ in the Italian

language version by the term ‘alimenti per animali’,

— an amendment

to Article 2(3), which introduces a distinction as regards the quality
requirements for the feed materials that are put into circulation, and those which are put to
direct use in animal nutrition. It is provided that neither may represent a danger to animal or
human health or to the environment,

(1) Commission Decision 91/516/EEC of 9 September 1991 establishing a list of ingredients whose use is prohibited

in compound feedingstuffs. The Decision was adopted under Council Directive 79/373/EEC.

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— Article 2(4) first indent has been amended to ensure the traceability of a wider range of feed

material that that which was previously covered (1).

IV. GENERAL CONCLUSION

The Council has adopted as its common position the Commission proposal, as approved by the
European Parliament, subject to the changes described above and certain editorial improvements,
with the Commission’s agreement.

(1) Previously, this was limited to Directive 90/667/EEC 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 feedingstuffs of
animal of fish origin and amending Directive 90/425/EEC.