Directive 2000/16/EC of the European Parliament and the Council of 10 April 2000 amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs and Council Directive 96/25/EC on the circulation of feed materials
Date: 2000-04-10
Institutions: Council of the European Union, European Parliament
Subjects: animal nutrition, health control, marketing standard, product quality, raw material

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Official Journal of the European Communities

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DIRECTIVE 2000/16/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

of 10 April 2000

amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs and Council
Directive 96/25/EC on the circulation of feed materials

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, 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)

(2)

Council Directive 95/69/EC of 22 December 1995
for
laying down the conditions and arrangements
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 (4) lays down the principle of
allocating an approval number to certain establishments
or intermediaries; for reasons of transparency and in
order to facilitate 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 accom-
panying the compound feedingstuffs.

Article 2(l) 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
feedingstuff as lasting until that date until which, under
proper storage conditions, that feedingstuff retains its
specific properties; the term ‘specific properties’ encom-
passes 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);

(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), confirmed on 16 September 1999, Council
common position of 15 November 1999 (OJ C 17, 20.1.2000, p.
1) and decision of the European Parliament of 15 March 2000.
(4) 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).

(3)

(4)

(5)

therefore, in all cases in which the minimum storage life
of an additive is the limiting factor as regards the quality
this date is decisive in
of a compound feedingstuff,
determining the minimum storage life of the compound
feedingstuff; however, the relevant provision in Article
5d(1), second subparagraph, of Directive 79/373/EEC
does not provide sufficient clarity and should therefore
be replaced.

(Verkehr)

instead of

The German version of Directive 79/373/EEC uses the
term ‘circulation’
‘marketing’
(Vermarktung), 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 circulation’ or ‘circulation’, Directive 79/373/EEC
should be adjusted accordingly and a definition of ‘circu-
lation’ (‘putting into circulation’) should be included.

In accordance with Directive 79/373/EEC, Commission
Decision 91/516/EEC (7) establishes a list of ingredients
whose use is prohibited in compound feedingstuffs 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 29
April 1996 on the circulation of
feed materials,
amending Directives 70/524/EEC, 74/63/EEC, 82/
471/EEC and 93/74/EEC and repealing Directive 77/
101/EEC (8), 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 prohibitions or restrictions is
general and applies both to the use of the feed materials
as such as well as to their use in compound feeding-
stuffs; Council Directive 79/373/EEC should be amended
accordingly.

(5) OJ L 86, 6.4.1979, p. 30. Directive as last amended by Commission

(7) OJ L 281, 9.10.1991, p. 23. Decision as last amended by Commis-

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 Commis-

sion Regulation (EC) No 45/1999 (OJ L 6, 12.1.1999, p. 3).

sion Decision 1999/420/EC (OJ L 162, 26.6.1999, p. 69).

(8) OJ L 125, 23.5.1996, p. 35. Directive as last amended by Commis-

sion Directive 1999/61/EC (OJ L 162, 26.6.1999, p. 67).

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(6)

(7)

(8)

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 unfa-
vourable impact on the environment;
is therefore
necessary to provide also that feed materials must not
represent any danger to the environment.

it

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
animal or
fish origin, and amending Directive 90/
425/EEC (1), lays down the rules for the placing on the
market of animal waste intended for uses other than
human consumption, and 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.

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 guaran-
tees 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.

as the case may be, the registration number allocated to
the establishment in accordance with Article 10 of that
Directive.

(*) OJ L 332, 30.12.1995, p. 15. Directive

last
amended by Council Directive 1999/29/EC (OJ L 115,
4.5.1999, p. 32).’;

as

3.

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

other

Community

‘Where
concerning
compound 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.’;

provisions

4.

in Article 10, point (c) shall be deleted;

5.

in Article 10(e),
points (b) and (c)’ shall be deleted;

the words ‘and the lists referred to in

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’;

(9)

Directives 79/373/EEC and 96/25/EC should
amended accordingly,

be

8. (does not concern the English version).

Article 2

HAVE ADOPTED THIS DIRECTIVE:

Directive 96/25/EC is hereby amended as follows:

Article 1

Directive 79/373/EEC is hereby 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.’;

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

This Directive shall apply to the circulation and use

‘1.
of feed materials within the Community.’;

3. Article 3 shall be replaced by the following:

2.

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

‘Article 3

‘(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
for
laying down the conditions and arrangements
approving and registering certain establishments and
intermediaries operating in the animal feed sector (*) or,

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

1994 Act of Accession (OJ C 241, 29.8.1994, p. 155).

Without prejudice to the obligations arising under other
Community provisions, Member States shall prescribe that
feed materials may be put
into circulation in the
sound, genuine and
they are of
Community only if
merchantable quality. They shall prescribe that, when put
into circulation or used, 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.’;

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4. In Article 5(1), point

(g)

shall be

replaced by the

following:

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

the reference number of

— Directive 90/667/EEC (*),

— Community measures

to be
drawn up in accordance with the procedure set
out in Article 13;

included on a list

(h) the name or business name and the address or regis-
tered 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
amended by the 1994 Act of Accession.’;

as

last

5. Article 11 shall be amended as follows:

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

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

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

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

(b)
in

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

Article 3

1. Member States shall adopt and publish not later than 3
May 2001, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall
inform
the Commission thereof
forthwith. The provisions adopted
shall at the latest apply from 3 November 2001.

When the Member States adopt
they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publica-
tion. The methods of making such reference shall be laid
down by the Member States.

these measures,

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.

Article 4

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

This Directive is addressed to the Member States.

Article 5

Done at Luxembourg, 10 April 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

J. GAMA