Amended proposal for a European Parliament and Council Directive amending Directive 79/373/EEC on the marketing of compound feedingstuffs (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2000-12-21
Institutions: European Commission
Subjects: animal nutrition, consumer information, manufactured feedingstuffs, marketing, raw material

C 120 E/178

EN

Official Journal of the European Communities

24.4.2001

Amended proposal

for a European Parliament and Council Directive amending Directive

79/373/EEC on the marketing of compound feedingstuffs (1)

(2001/C 120 E/14)

(Text with EEA relevance)

COM(2000) 780 final (cid:151) 2000/0015(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 21 December 2000)

(1) OJ C 140, 18.5.2000, p 12.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions

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

Whereas:

(1) Council Directive 79/373/EEC of 2 April 1979 on the
marketing of compound feedingstuffs (1), as last amended
by
Council Directive
European
2000/16/EC (2),
lays down rules for the marketing of
compound feedingstuffs within the Community.

Parliament

and

(2) As regards labelling, the purpose of Directive 79/373/EEC
is to ensure that stock farmers are informed objectively
and as accurately as possible as to the composition and
it is important to ensure that the
use of feedingstuffs;
accuracy of
the declarations made can be officially
verified at all stages of the circulation of the feedingstuffs.

(3) The declaration of

in certain cases, an important

the feed materials in feedingstuffs
item of

constitutes,
information for stock farmers.

(4) Until now, Directive 79/373/EEC provided for a flexible
declaration arrangement confined to the indication of the
feed materials without stating their quantity for feed-
ingstuffs for production animals and the possibility was
retained to declare categories of feed materials instead of
declaring the feed materials themselves.

___________
(1) OJ L 86, 6.4.1979, p. 30.
(2) OJ L 105, 3.5.2000, p. 36.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(5) Nonetheless, the BSE crisis and the recent dioxin crisis
have demonstrated the
current
provisions and the need for detailed qualitative and
quantitative
composition of
information about
compound feedingstuffs for production animals.

inadequacy of

the

the

(6) Detailed quantitative information on the composition may
assist in targeting the tracing of potentially contaminated
materials to specific lots, which will be beneficial to public
health and avoid wastage of products which do not
present a significant risk to public health.

(7) Accordingly, it is appropriate (cid:151) at this stage (cid:151) to impose
a compulsory declaration of all the feed materials as well
for
their amount
as
production animals.

in the compound feedingstuffs

(8) Consequently, in the future there will be no possibility to
declare categories of feed materials instead of declaring
the feed materials themselves in the case of compound
feedingstuffs
for
practical reasons Commission Directive 91/357/EEC of
13 June 1991 laying down the categories of ingredients
which may be used for
labelling
compound feedingstuffs
than pet
animals (1), shall be repealed.

the purposes of
for animals other

animals; whereas,

production

for

(9) For practical

reasons,

the
declarations of feed materials included in the compound
feedingstuffs for production animals are provided on an
ad hoc label or accompanying document.

shall be allowed that

it

(10) Obliging compound feedingstuff manufacturers to declare
the composition of feed by presenting internal company
the number of
documents makes it possible to limit
inspections carried out by the Member States.

(11) Special provisions are needed for the labelling of feed-
ingstuffs for pets to allow for the special character of
this kind of feedingstuffs,

Unchanged

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

1. In Article 5(1), point (j) is replaced by the following:

(cid:145)the

batch number(cid:146).

___________
(1) OJ L 193, 17.7.1991, p. 34.

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24.4.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

2. In Article 5(3), point (c) is deleted.

3. In Article 5(4), point (d) is replaced by the following:

(d) The date of minimum durability, the net quantity, the
batch reference number and the authorisation or regis-
tration number may be indicated outside the area
reserved for the labelling particulars provided for in
paragraph 1;
above-mentioned
case,
information will be accompanied by an indication of
where it is to be found.

in this

the

4. In Article 5, the following paragraph is added:

Unchanged

than pets,

In the case of compound feedingstuffs intended for
(cid:145)7.
animals other
the feed
materials in terms of percentage by weight, in accordance
with Article 5c, might be provided on a label different than
that referred to in paragraph 1, or on an accompanying
document different than that referred to in paragraph 4.(cid:146)

the declaration of

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

(cid:145)Article 5c

1. Where a declaration of the feed materials is provided,
all the feed materials must be mentioned.

The listing of feed materials shall be subject to the

2.
following rules:

(a) compound feedingstuffs intended for pets: listing of feed
indicating the amount contained or

materials either
naming them in descending order by weight.

(b) compound feedingstuffs intended for animals other than
pets: listing of feed materials in terms of percentage by
weight.(cid:146)

6. The feed materials shall be described by their specific names;
however in the case of compound feedingstuffs intended for
pets, the indication of the specific name of the feed material
may be replaced by the name of the category to which the
feed material belongs, where the categories grouping several
feed materials must have been established in accordance
with Article 10(a).

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

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Official Journal of the European Communities

C 120 E/181

INITIAL PROPOSAL

AMENDED PROPOSAL

In such a case,

7. 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,
which are essential aspects of the characteristics of the feed-
ingstuffs.
the minimum or maximum
content, expressed in terms of percentage by weight of
the feed material(s) incorporated, must be clearly indicated
either opposite the declaration drawing special attention to
the feed material(s) or in the list of feed materials or by
mentioning the feed material(s) and the percentage(s) by
weight concerned opposite the corresponding category of
feed materials.

8. Article 12 is replaced by the following Article:

take all
the appropriate
1.
The Member States shall
inspection of compliance
measures to ensure that official
with the conditions laid down in this Directive takes place
during manufacture or marketing, at
least by means of
random sampling.

2. When requested to do so, manufacturers shall provide
documentary proof of the composition of compound feed-
ingstuffs by presenting internal documents.

Article 2

Unchanged

Commission Directive 91/357/EEC shall be repealed as from.

Commission Directive 91/357/EEC shall be repealed as from
1 January 2001.

Article 3

Unchanged

1. Member States shall adopt and publish not later than the
laws, regulations and administrative provisions necessary to
comply with this Directive. They shall inform the Commission
thereof forthwith. The provisions shall be applicable from the
fifteenth day following notification of the Directive.

1. Member States shall adopt and publish not later than
1 January 2001 the laws,
regulations and administrative
provisions necessary to comply with this Directive. They
shall inform the Commission thereof forthwith. The provisions
shall be applicable from the fifteenth day following notification
of the Directive.

Unchanged

Where the Member States adopt those provisions, they shall
contain a reference to this Directive or shall be accompanied
by such reference at the time of their official publication. The
procedure for such reference shall be adopted by 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.

Article 4

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

Article 5

This Directive is addressed to the Member States.