Common Position (EC) No 6/2001 of 19 December 2000 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 of amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and repealing Commission Directive 91/357/EEC
Date: 2000-12-19
Institutions: Council of the European Union
Subjects: EU control, animal nutrition, food inspection, labelling, manufactured feedingstuffs, marketing standard

2.2.2001

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Official Journal of the European Communities

C 36/35

COMMON POSITION (EC) No 6/2001

adopted by the Council on 19 December 2000

with a view to adopting Directive 2000/(cid:133)/EC of the European Parliament and of the Council of
(cid:133) amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and
repealing Commission Directive 91/357/EEC

(2001/C 36/03)

(5)

(6)

(7)

(8)

(9)

(10)

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)(b) thereof,

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

Having regard to the opinion of
Committee (2),

the Economic and Social

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

(3)

(4)

Council Directive 79/373/EEC (5) lays down rules for the
circulation of
compound feedingstuffs within the
Community.

regards

labelling,

As
of Directive
the
79/373/EEC is to ensure that stock farmers are informed
objectively and as accurately as possible as to the
composition and use of feedingstuffs.

purpose

Hitherto, Directive 79/373/EEC provided for a flexible
declaration confined to the indication of
the feed
materials without stating their quantity in feedingstuffs
for production animals, while retaining the possibility of
declaring
instead of
declaring the feed materials themselves.

feed materials

categories of

Nonetheless,
the bovine spongiform encephalopathy
crisis and the recent dioxin crisis have demonstrated the
inadequacy of the current provisions and the need for
more detailed qualitative and quantitative information
on the composition of compound feedingstuffs
for
production animals.

(1) OJ (cid:133)
(2) OJ C 140, 18.5.2000, p. 12.
(3) OJ (cid:133)
(4) Opinion of the European Parliament of 4 October 2000 (not yet
published in the Official Journal), Council Common Position of 19
December 2000, and Decision of the Parliament of (cid:133) (not yet
published in the Official Journal).

Detailed quantitative information on composition may
help to ensure that potentially contaminated materials
can be traced to specific batches, which will be
to public health and avoid wastage of
beneficial
products which do not present a significant risk to
public health.

Accordingly, it is appropriate, at this stage, to impose a
compulsory declaration of percentage brackets by
weight
in compound
feedingstuffs for production animals.

feed materials

the

for

all

the

For practical reasons, it is appropriate that declarations
compound
of
feedingstuffs for production animals be provided on an
ad hoc label or accompanying document.

feed materials

included

in

for

in certain cases, an important

The declaration of the feed materials in feedingstuffs
item of
constitutes,
therefore
information
appropriate, at
the stock
farmer, that the person responsible for labelling supply
a detailed list of all the feed materials used and their
percentages by weight.

It
is
request of

the individual

farmers.

stock

Moreover, it is also important that the manufacturer of
should be able to choose
compound feedingstuffs
voluntarily to supply a detailed list of all
the feed
materials used and their percentages by weight.

It is also important to ensure that the accuracy of the
declarations made can be officially verified at all stages
It is therefore
of the circulation of the feedingstuffs.
appropriate that, in accordance with Council Directive
95/53/EC of 25 October 1995 fixing the principles
governing the organisation of official inspections in the
field of animal nutrition (6), the competent authorities
monitor the accuracy of the information given by the
labelling of compound feedingstuffs and that, in order
to ensure the effectiveness of such monitoring,
the
manufacturers of compound feedingstuffs be obliged to
make
any
document concerning the composition of feedingstuffs
intended to be put into circulation.

competent

authorities

available

to the

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

(6) OJ L 265, 8.11.1995, p. 17. Directive as amended by Directive

2000/16/EC (OJ L 105, 3.5.2000, p. 36).

1999/20/EC (OJ L 80, 25.3.1999, p. 20).

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Official Journal of the European Communities

2.2.2001

(11)

(12)

Special provisions are also needed for the labelling of
feedingstuffs for pets to allow for the special character
of this kind of feedingstuffs.

3.

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

Since it will no longer be possible in the future to
declare categories of feed materials instead of declaring
the feed materials themselves in the case of compound
feedingstuffs
for production animals, Commission
Directive 91/357/EEC of 13 June 1991 laying down the
categories of feed materials which may be used for the
purposes of
for
animals other than pet animals (1) should be repealed,

compound feedingstuffs

labelling

(cid:145)(d) the minimum storage life, the net quantity, the batch
reference number and the approval or
registration
number may be marked outside the space reserved for
the labelling particulars referred to in paragraph 1; in
this case,
these details shall be accompanied by an
indication of where the information appears.(cid:146)

4. Article 5c shall be replaced by the following:

HAVE ADOPTED THIS DIRECTIVE:

(cid:145)Article 5c

Article 1

for
1. Where a declaration of
feedingstuffs is provided, all the feed materials used in the
compound feedingstuff shall be listed by their specific
names.

feed materials

the

Council Directive 79/373/EEC is hereby amended as follows:

1. Article 5(1) is hereby amended as follows:

The listing of feed materials for feedingstuffs shall be

2.
subject to the following rules:

(a) point (j) shall be replaced by the following:

(a) compound feedingstuffs intended for animals other

than pets:

(cid:145)(j)

the batch reference number(cid:146).

(b) the following point (l) shall be added:

(cid:145)(l)

In the case of compound feedingstuffs other than
those intended for pets, the indication (cid:147)a list of
feed materials used in this feedingstuff and their
percentages by weight may be obtained from: (cid:133)(cid:148)

(name or trade name, address or registered office
and telephone No of the person responsible for the
particulars referred to in this point).

a

customer’s

a manufacturer of
request,
At
compound feedingstuffs shall inform that customer
of the percentage of each feed material included in
the compound feedingstuff in question.(cid:146)

2. Article 5(3) is hereby amended as follows:

(a) point (c) shall be deleted;

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

(cid:145)(g) for all compound feedingstuffs, a declaration of the
percentage of each of the feed materials included(cid:146).

(1) OJ L 193, 17.7.1991, p. 34. Directive as last amended by Drective

98/67/EC (OJ L 261, 24.9.1998, p. 10).

(i)

listing of feed materials for feedingstuffs with an
indication, in descending order, of the percentages
by weight present in the compound feedingstuff,
expressed in accordance with the brackets laid
down in part C of the Annex, or

(ii) where Article 5(3)(g) is applied, listing of the feed
materials with an indication, in descending order,
of their percentages by weight;

(b) compound feedingstuffs intended for pets:

listing of
feed materials for feedingstuffs either indicating the
amount contained or naming them in descending order
by weight.

In the case of compound feedingstuffs intended for
3.
pets,
the feed
the indication of
material for feedingstuffs may be replaced by the name of
the category to which the feed material for feedingstuffs
belongs, with reference to the categories grouping several
feed materials established in accordance with Article 10(a).

the specific name of

Use of one of these two forms of declaration shall exclude
use of the other save where one of the feed materials for
feedingstuffs used belongs to none of the categories which
have been defined;
for
feedingstuffs, designated by its specific name, shall be
mentioned in descending order by weight in relation to the
categories.

in that case the feed material

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Official Journal of the European Communities

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4.
The labelling of compound feedingstuffs for pets may
also draw particular attention by a specific declaration to
the presence or low content of one or more feed materials
for feedingstuffs, which are essential for characterising a
feedingstuff. In such a case, the minimum or maximum
content, expressed in terms of percentage by weight of the
feed material(s)
incorporated, shall be clearly indicated
either opposite the declaration drawing special attention to
the feed material(s) or in the list of
feed materials by
mentioning the feed material(s) and the percentage(s) by
weight concerned opposite the corresponding category of
feed materials.(cid:146)

5. The following subparagraph shall be added to Article 12:

are obliged to make

(cid:145)They shall stipulate that the manufacturers of compound
feedingstuffs
to the
authorities responsible for carrying out official inspections,
on request, any document concerning the composition of
into circulation which
feedingstuffs intended to be put
enables the accuracy of
the information given by the
labelling to be verified.(cid:146)

available

6. The following Article 15a shall be inserted:

(cid:145)Article 15a

the latest on (cid:133) (*)

the Commission shall submit a
At
report to the European Parliament and to the Council, on
the basis of the information received from Member States,
on the implementation of
the measures introduced by
Article 5(1)(j) and (l), Article 5(3)(g) and (5)(d) and Article
5c and Article 12, second subparagraph, particularly as
regards
in the form of
percentage by weight, of feed materials on the labelling of
compound feedingstuffs, accompanied by any proposals
designed to improve these measures.(cid:146)

the indication of quantities,

Article 2

Commission Directive 91/357/EEC shall be repealed as from
(cid:133) (**).

Article 3

1. Member States shall adopt and publish not later than
(cid:133) (***),
the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.

They shall apply these measures as from (cid:133) (**).

When 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
Member States.

2. Member States shall communicate to the Commission the
text of provisions of national law which they adopt in the field
covered by this Directive.

Article 4

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

Article 5

This Directive is addressed to the Member States.

Done at (cid:133)

7. The Annex shall be supplemented by the text given in the

Annex to this Directive.

For the European Parliament

The President

For the Council

The President

(*)

Four years and eight months after the entry into force of this
Directive.

(**) Twenty months after the entry into force of this Directive
(***) Twelve months after the entry into force of this Directive.

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Official Journal of the European Communities

2.2.2001

ANNEX

(cid:145)PART C

(provided for in Article 5c)

Declaration of the feed materials used in the composition of compound feedingstuffs intended for animals
other than pets

The feed materials contained in compound feedingstuffs must be declared according to their percentages by weight, by
descending order of weight, within the following brackets:

I

II

III

IV

V

> 30 %

> 15 % to 30 %

> 5 % to 15 %

2 % to 5 %

< 2 %

Sample declaration:

> 30 %
Barley

> 5 % to 30 %
Soya beans
Wheat

> 5 % to 15 %
Oats
Sugar beet pulp
Sugar beet molasses

2 % to 5 %
Vegetable oil
Calcium carbonate
Vitamins (premixed)
Trace elements (premixed)

< 2 %
Magnesium oxide
Monocalcium phosphate(cid:146)

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 10 January 2000 the Commission submitted to the Council a proposal for a directive of the
the Treaty, amending

the Council, based on Article 152(4) of

European Parliament and of
Directive 79/373/EEC on the marketing of compound feedingstuffs.

2. The European Parliament delivered its opinion at first reading on 4 October 2000 and, after
consulting the Economic and Social Committee and the Committee of the Regions, the Council
adopted a Common Position at its meeting on 19 December 2000,
in accordance with the
procedure laid down in Article 251 of the Treaty.

II. OBJECTIVES

3. The purpose of the proposal is to strengthen Community legislation on the labelling of compound
feedingstuffs so as to have more information available and have the means of acting to protect
public health better. In that respect it provides for mandatory disclosure of all the raw materials
used in compound feedingstuffs for production animals and the quantities. In the Commission’s
view such information will help to ensure the traceability of raw materials so that those that are
potentially contaminated may be identified.

III. COMMON POSITION

A. GENERAL REMARKS

While adopting the approach and the objectives proposed by the Commission and endorsed by
the Council considered it necessary, when preparing its Common
the European Parliament,
Position, to make some changes both to the substance and to the form of the proposal for a
directive.

When making those changes, the Council wanted, inter alia, to:

(cid:151) make the wording of the Directive more precise and more consistent, and thus to improve the

legal clarity of the text,

(cid:151) specify the scope of certain provisions.

B.

SPECIFIC REMARKS

1. The main changes made to the Commission proposal

The main changes concerned the provisions on the detailed quantitative information that
manufacturers must give regarding the composition of compound feedingstuffs for production
animals.

In that respect, the Council did not want fully to follow the Commission by imposing on
manufacturers an obligation to disclose the exact quantities of the raw materials used in
compound feedingstuffs. Considering it unrealistic, for both practical and technical reasons, to
prescribe such a general requirement, it adopted the solution of a declaration, still mandatory,
but disclosing the raw materials used in compound feedingstuffs on the basis of
the
percentage they represent of the weight, in decreasing order, within brackets (see Common
Position, Article 1(4) and Annex).

The Common Position, however, stipulates that at the request of an individual customer the
manufacturer of a compound feedingstuff must provide that customer with a detailed list of all
the ingredients used in the compound feedingstuff in question by percentage of weight (see
Article 1(1)).

The solution adopted does not prevent the manufacturer of a compound feedingstuff from
voluntarily providing a detailed list of the ingredients by the percentage they represent of the
weight (see amendment to Article 5(3)(g) made by Article 1(3) of the Common Position).

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2. The Council’s position on the European Parliament’s amendments

(a) Amendments incorporated entirely or partially in the Common Position

Amendments 1, 3 and 4 were accepted and were incorporated in recital 10 and Article
1(3) and (5) of
the Common Position. The wording of Amendments 1 and 4 was,
however, altered slightly.

(b) Amendments not incorporated in the Common Position

In not incorporating Amendments 2 and 5 the Council was supporting the Commission’s
position.

It considered:
(cid:151) in connection with Amendment 2,

the task the
Commission must be allowed sufficient time to draw up a positive list of raw materials
authorised for use in feedingstuffs,

that given the magnitude of

(cid:151) in connection with Amendment 5, that

the deadlines proposed by the European
Parliament were too close to the date on which the future directive would become
applicable.

IV. GENERAL CONCLUSION

The Council considers that its Common Position, which includes the amendments described above,
largely takes account of the European Parliament’s opinion at first reading and represents a balanced
solution that meets users’ expectations of transparency and manufacturers’ and monitoring authorities’
expectations of simplicity and effectiveness, thus serving best to achieve the Commission’s objectives.