2000/285/EC: Commission Decision of 5 April 2000 amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feedingstuffs (notified under document number C(2000) 930) (Text with EEA relevance)
Date: 2000-04-05
Institutions: European Commission
Subjects: agro-industry, animal feedingstuffs, animal nutrition, animal product, health control, water treatment

14.4.2000

EN

Official Journal of the European Communities

L 94/43

COMMISSION DECISION

of 5 April 2000

amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in
compound feedingstuffs

(notified under document number C(2000) 930)

(Text with EEA relevance)

(2000/285/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 79/373/EEC of 2 April
1979 on the marketing of compound feedingstuffs (1), as last
amended by Directive 98/87/EC (2), and in particular Article
10(e) thereof,

Whereas:

Feed materials may circulate in the Community only if
they are sound, genuine and of merchantable quality.
Feed materials must not represent any danger to animal
or human health.

Commission Decision 91/516/EEC of 9 September
1991 (3), establishing a list of ingredients whose use is
prohibited in compound feedingstuffs as last amended
by Commission Decision 1999/420/EC (4), establishes a
list of
feed materials whose use is prohibited in
compound feedingstuffs.

Experience has proven the need to improve the safety of
feed materials used in animal nutrition for public and
animal health reasons, in particular in the light of recent
reports of use in animal nutrition of sludge from plants
treating waste waters.

(6)

(7)

(8)

(9)

No waste collected during and/or resulting from the
various phases of
the waste-water treatment process
(physical, chemical and biological) can be considered as
an acceptable source of animal feed, irrespective of any
further processing of these wastes and irrespective also
of the origin of the waste waters.

(10)

Although Decision 91/516/EEC prohibits the use of
sludge from sewage plants treating waste waters as feed
materials in compound feedingstuffs, it does not define
the terms ‘sludge’ or ‘sewage’. It is therefore desirable to
clarify the text indicating that the prohibition not only
applies to the sediments of the ‘biological treatment’ but
also to other wastes collected during the pre-treatment
as well as other physical and chemical treatments of the

(1)

(2)

(3)

(4)

(5)

waste water. Moreover it is necessary to point out that
the word ‘sewage’ does not refer only to waste water
from municipal effluents but also to other waste water,
including those from animal product processing plants'
own water treatment plants.

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
fish origin and amending Directive 90/
animal or
425/EEC (5),
lays down the requirements for animal-
waste processing plants.

Council Directive 91/271/EEC of 21 May 1991
concerning urban waste-water treatment (6), defines the
terms ‘urban waste water’,
‘domestic waste water’ and
‘industrial waste water’.

Council Directive 98/83/EC of 3 November 1998 on the
quality of water intended for human consumption (7),
establishes the requirements for considering water as
‘wholesome and clean’.

Council Directive 91/493/EEC of 22 July 1991 laying
down the health conditions for the production and the
placing on the market of fishery products (8), specifies
that ‘clean seawater’ shall be free from microbiological
contamination, harmful substances and/or toxic marine
plankton in such quantities as may affect the health
quality of fishery products.

The present provisions are provisional and should be
reviewed in the light of a future amendment 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 and amending
Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/
471/EEC (9); such an amendment could provide the
conditions for approving manufacturers of certain feed
materials.

(1) OJ L 86, 6.4.1979, p. 30.
(2) OJ L 318, 27.11.1998, p. 43.
(3) OJ L 281, 9.10.1991, p. 23.
(4) OJ L 162, 18.6.1999, p. 69.

(5) OJ L 363, 27.12.1990, p. 51.
(6) OJ L 135, 30.5.1991, p. 40.
(7) OJ L 330, 5.12.1998, p. 32.
(8) OJ L 268, 24.9.1991, p. 15.
(9) OJ L 332, 30.12.1995, p. 15.

L 94/44

EN

Official Journal of the European Communities

14.4.2000

(11)

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

HAS ADOPTED THIS DECISION:

Point 5 of the Annex to Decision 91/516/EEC is replaced by the following text:

Article 1

‘5. All wastes obtained from the various phases of the urban, domestic and industrial waste water (*)
treatment process, irrespective of any further processing of these wastes and irrespective also of the
origin of the waste waters.

The term “waste water” does not refer to “process water”, i.e. water from independent conduits
integrated in food or feed industries; where these conduits are supplied with water, this must be
wholesome and clean water (**). In the case of fish industries, the conduits concerned might be also
supplied with clean seawater (***). Process water shall only carry feedingstuffs or foodstuffs material
and shall be technically free from cleaning agents, disinfectants or other substances not authorised
by the animal nutrition legislation.

Materials of animal origin in the process water shall be treated in accordance with Council Directive
90/667/EEC.

(*) As defined in Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste

water treatment.

(**) As specified in Article 4 of Council Directive 98/83/EC of 3 November 1998 concerning the

quality of water intended for human consumption.

(***) As defined in Article 2 of Council Directive 91/493/EEC of 22 July 1991 laying down the health

conditions for the production and the placing on the market of fishery products.’

Article 2

This Decision shall apply with effect from 1 August 2000.

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 5 April 2000.

For the Commission

David BYRNE

Member of the Commission