Amended proposal for a Directive of the European Parliament and of the Council on undesirable substances and products in animal nutrition (COM(2000) 861 final — 1999/0259(COD)) (Text with EEA relevance)
Date: 2001-03-27
Institutions: European Commission
Subjects: animal nutrition, dangerous substance, food additive, food inspection, product safety

C 96 E/346

EN

Official Journal of the European Communities

27.3.2001

Amended proposal for a Directive of the European Parliament and of the Council on undesirable
substances and products in animal nutrition (1)

(2001/C 96 E/35)

(Text with EEA relevance)

COM(2000) 861 final (cid:151) 1999/0259(COD)

(Submitted by the Commisison pursuant to Article 250(2) of the EC Treaty on 19 December 2000)

(1) OJ C 89 E, 28.3.2000, p. 70.

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 thereof,

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),

Unchanged

Having regard to the opinion of
Committee (2),

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 (3),

Whereas:

(1) Many amendments need to be made to Council Directive
1999/29/EC of 22 April 1999 on the undesirable
substances and products in animal nutrition (4).
In the
interests of clarity and efficiency the said Directive
should be recast.

(2) Livestock production occupies a very important place in
farming in the Community and satisfactory results depend
to a large extent on the use of appropriate good-quality
feedingstuffs.

(3) Rules on feedingstuffs are needed to increase agricultural

productivity.

___________
(1) OJ C 89, 28.3.2000, p. 70.
(2) OJ C 140, 18.5.2000, p. 9.
(3) OJ C 340, 10.11.1997, p. 73
(4) OJ L 115, 4.5.1999, p. 32.

(2) Livestock production occupies a very important place in
farming in the Community and satisfactory results in
terms of public health, animal health, animal welfare
and the
livestock producers’
finances, depend to a large extent on the use of appro-
priate good-quality feedingstuffs.

environment

and the

(3) Rules on feedingstuffs are needed to ensure agricultural
productivity and sustainability, and to make it possible to
ensure public and animal health and animal welfare. In
addition, there is a need for comprehensive regulation on
food hygiene in order to guarantee good quality feed-
ingstuffs on individual
farms even when they are not
commercially produced.

27.3.2001

EN

Official Journal of the European Communities

C 96 E/347

INITIAL PROPOSAL

AMENDED PROPOSAL

(4) It has been established that additives can be contaminated
with undesirable substances and products. The scope of
the Directive should therefore be extended to cover
additives.

(4) It has been established that additives can contain unde-
sirable
the
Directive should therefore be extended to cover additives.

substances and products. The

scope of

(5) feed materials,

feedingstuffs and feed additives may
contain undesirable substances or products which can
endanger animal health or, because of their presence in
livestock products, human health.

(5) Materials intended for animal nutrition may contain unde-
sirable substances or products which can endanger animal
health or, because of their presence in livestock products,
human health.

(6) It is impossible to fully eliminate the presence of

the
substances and products in question but it is important
that their content in feed materials and feed additives
should be reduced in order to prevent undesirable and
harmful effects. It is at present inappropriate to fix this
content below the levels detectable by methods of analysis
to be defined for the Community.

their content

(6) It is impossible to fully eliminate the presence of

the
substances and products in question but it is important
intended for animal
in materials
that
nutrition should be reduced, with due regard to the
substance’s acute toxicity, bio-accumulability and degrad-
ability,
to prevent undesirable and harmful
effects. It is at present inappropriate to fix this content
below the levels detectable by methods of analysis to be
defined for the Community.

in order

(6a) The methods for determining residues of undesirable
substances are becoming increasingly sophisticated, so
that even quantities of residues which are negligible for
animal and human health can be detected.

(7) Undesirable substances and products may be present in
materials intended for animal nutrition only in accordance
with the conditions laid down in this Directive and may
not be used in any other way for the purposes of animal
feeding. This Directive should therefore apply without
affecting other Community provisions on feedingstuffs,
and particularly the rules applicable to compound feed-
ingstuffs.

(7) Undesirable substances and products may be present in
feed materials,
feedingstuffs and feed additives only in
laid down in this
conditions
accordance with the
Directive and may not be used in any other way for the
purposes of
should
therefore
affecting other Community
provisions on feedingstuffs, and particularly the rules
applicable to compound feedingstuffs.

animal
apply without

feeding. This Directive

(8) This Directive must apply to feed materials, feedingstuffs
and feed additives as soon as they enter the Community. It
should therefore be stipulated that the maximum levels of
undesirable substances or products that are set apply in
general from the date on which the feed materials, feed-
ingstuffs and feed additives are put
into circulation,
including all stages of marketing, and in particular as
soon as they are imported.

(8) This Directive must apply to materials intended for animal
nutrition as soon as they enter the Community. It must
therefore be stipulated that the maximum levels of unde-
sirable substances or products that are set apply in general
from the date on which the materials intended for animal
nutrition are put into circulation or used, at all stages, and
in particular as soon as they are imported.

C 96 E/348

EN

Official Journal of the European Communities

27.3.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(9) nutrition feed materials, feedingstuffs and feed additives
must be sound, genuine and of merchantable quality.
feed-
Using or putting into circulation feed materials,
ingstuffs or feed additives containing levels of undesirable
substances or products that exceed the maximum levels
laid down in Annex I to this Directive should therefore be
prohibited.

(9) Materials intended for animal nutrition must be sound,
genuine and of merchantable quality. Using or putting
into circulation materials intended for animal nutrition
which contain levels of undesirable
substances or
products that exceed the maximum levels laid down in
Annex I to this Directive must therefore be prohibited.

(10) The presence of

certain undesirable

products
limited by fixing appropriate maximum levels.

in complementary feedingstuffs

substances or
should be

(10) The presence of

substances or
products in complementary feedingstuffs must be limited
by fixing appropriate maximum levels.

certain undesirable

(11) While in certain cases a maximum level is fixed, taking
is still
account of background levels, continued effort
needed to restrict the presence of some specific unde-
sirable substances and products to the lowest possible
levels in feed materials, feedingstuffs and feed additives
so as to reduce their presence in the feed and food
this
chain.
Directive, to lay down action thresholds well below the
maximum levels fixed. Where such action thresholds are
exceeded,
investigations must be carried out to identify
the sources of contamination and steps taken to reduce
or eliminate such sources.

should therefore be permitted, under

It

(11) While in certain cases a maximum level is fixed, taking
is still
account of background levels, continued effort
needed to restrict the presence of some specific unde-
sirable substances and products to the lowest possible
levels in materials intended for animal nutrition so as to
reduce their presence in the feed and food chain. It should
therefore be permitted, under this Directive, to lay down
action thresholds well below the maximum levels fixed.
Where such action thresholds are exceeded, investigations
must be carried out to identify the sources of the unde-
sirable substances or products and steps taken to reduce
or eliminate such sources.

(12) Where animal or human health is endangered, Member
States should still be allowed temporarily to reduce the
fixed maximum permissible levels, to fix maximum levels
for other substances or products or
the
presence of such substances or products in feedingstuffs.
To ensure Member States do not abuse this power, any
amendments to the Annex to this Directive should be
decided on by emergency Community procedure, on the
basis of supporting documents and the precautionary
principle.

to prohibit

(12) Where animal or human health is endangered, Member
States should still be allowed temporarily to reduce the
fixed maximum permissible levels, to fix maximum levels
for other substances or products or
the
presence of such substances or products in materials
intended for animal nutrition. To ensure Member States
do not abuse this power, any amendments to the Annex
to this Directive should be decided on by emergency
supporting
Community procedure, on the basis of
documents and the precautionary principle.

to prohibit

(13) feed materials, feedingstuffs and feed additives that satisfy
the requirements of this Directive should not be subject to
restrictions on entry into circulation, as regards the level
of undesirable substances and products they contain, other
than those provided for in this Directive

this Directive may not be subject

(13) Materials intended for animal nutrition that satisfy the
requirements of
to
restrictions on entry into circulation, as regards the level
of undesirable substances and products they contain, other
than those provided for in this Directive and in Council
Directive 1995/53/EC fixing the principles governing the
organisation of official inspections in the field of animal
nutrition (1), as last amended by Directive . . ./. . .

___________
(1) OJ L 265, 8.11.1995, p. 17.

27.3.2001

EN

Official Journal of the European Communities

C 96 E/349

INITIAL PROPOSAL

AMENDED PROPOSAL

(14) Member

States

should make

control
arrangements to ensure that the requirements regarding
undesirable substances and products are met when feed
materials, feedingstuffs and feed additives are circulated.

appropriate

(14) Member

States must make

appropriate monitoring
arrangements pursuant to Directive 95/53 to ensure that
the requirements regarding undesirable substances and
products are met when materials intended for animal
nutrition are used or circulated.

(15) As part of

the

control

the information system introduced by this
Directive within
departments,
official
Member States should also be informed by operators of
cases where this Directive is not being complied with. In
such cases, Member States are required to take all the
necessary steps to ensure that undesirable substances
and products
cannot be used in animal nutrition.
Member States are obliged, where applicable, to ensure
that any batches of feed materials, feedingstuffs or feed
additives are actually destroyed, if this course of action has
been decided by their owner.

(15) As part of

the

control

the information system introduced by this
Directive within
departments,
official
Member States should also be informed by operators of
cases where this Directive is not being complied with. In
such cases, Member States should be required to take all
the necessary steps to ensure that undesirable substances
and products cannot be used in materials intended for
animal nutrition. Member States
should be obliged,
where applicable,
to ensure that any such batches of
intended for animal nutrition are actually
materials
destroyed,
if this course of action has been decided by
their owner.

(16) An appropriate Community procedure is needed for
adapting the technical provisions in the Annex to this
Directive in the light of developments in scientific and
technical knowledge.

Unchanged

(17) In order to facilitate implementation of

the proposed
for
close
measures,
co-operation between the Member
and the
Commission within the Standing Committee on Feed-
ingstuffs set up by Decision 70/372/EEC (1).

a procedure
States

should be

there

(18) Since the measures necessary for the implementation of
this Directive are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (2),
they should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision.

(19) This Directive should not affect the Member States’ obli-
gation to comply with the deadlines set out in Part B of
Annex
of Directive
III
1999/29/EC,

transposition

thereto

for

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive deals with undesirable substances and

1.
products in animal nutrition.

This Directive deals with undesirable substances and

1.
products in materials intended for animal nutrition.

___________
(1) OJ L 170, 3.8.1970, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

C 96 E/350

EN

Official Journal of the European Communities

27.3.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

This Directive shall apply without prejudice to the

2.
provisions on:

Unchanged

(a) additives in feedingstuffs;

(b) the putting into circulation of feedingstuffs;

(c) the fixing of maximum permitted levels

for pesticide
residues in and on products intended for animal feeding,
where these residues are not listed in Section B of Annex I
to this Directive;

(d) micro-organisms in feedingstuffs;

(e) certain products used in animal nutrition;

(f)

feedingstuffs for particular nutritional purposes.

Article 2

For the purposes of this Directive:

(a)

(b)

(c)

(d)

(e)

(f)

in their natural state,

(cid:145)feedingstuffs(cid:146) means products of vegetable or animal
origin,
fresh or preserved, and
products derived from the industrial processing thereof,
and organic or inorganic substances, used singly or in
mixtures, whether or not containing additives,
for oral
animal feeding;

(cid:145)feed materials(cid:146) means various products of vegetable or
animal origin,
in their natural state, fresh or preserved,
and products derived from the industrial processing
thereof, and organic or inorganic substances, whether or
not containing additives, which are intended for use in
oral animal
such or, after
processing, in the preparation of compound feedingstuffs
or as substrates for premixtures;

feeding either directly as

(cid:145)complete feedingstuffs(cid:146) means mixtures of
feedingstuffs
which, by reason of their composition, are sufficient for
a daily ration;

(cid:145)complementary feedingstuffs(cid:146) means mixtures of
feed-
ingstuffs which have a high content of certain substances
and which, by reason of their composition, are sufficient
for a daily ration only if used in combination with other
feedingstuffs;

(cid:145)compound feedingstuffs(cid:146) means mixtures of feed materials,
whether or not containing additives, which are intended
for oral animal
feeding as complete or complementary
feedingstuffs;

(cid:145)daily ration(cid:146) means the average total quantity of
feed-
ingstuffs, calculated on a moisture content of 12 %,
required daily by an animal of a given species, age class
and yield, to satisfy all its needs;

27.3.2001

EN

Official Journal of the European Communities

C 96 E/351

INITIAL PROPOSAL

AMENDED PROPOSAL

(g)

(cid:145)animals(cid:146) means animals belonging to species normally fed
and kept or consumed by man as well as animals living
freely in the wild in cases where they are fed with feed-
ingstuffs;

(h)

(cid:145)pet animals(cid:146) means animals belonging to species normally
fed and kept but not consumed by man, except animals
bred for fur production;

(i)

(cid:145)additives(cid:146) means additives as defined in Article 2 of
Council Directive 70/524/EEE of 23 November 1970 on
additives in feedingstuffs (1);

(j)

(cid:145)premixtures(cid:146) means mixtures of additives or mixtures of
one or more additives with substances used as carriers,
intended for the manufacture of feedingstuffs;

(k)

(l)

intended for animal nutrition(cid:146) means
feed additives,

feed
(cid:145)materials
materials, premixtures,
feedingstuffs and
all other products intended for use or used in animal
nutrition;

(cid:145)undesirable substance or product(cid:146) means any substance or
exception of pathogenic micro-
product, with the
in and/or on the product
organisms, which is present
feeding and which constitutes a
intended for animal
the
potential danger
environment
livestock
or
production;

to animal or human health or

negatively

could

affect

(m) (cid:145)consignment(cid:146) means an identifiable quantity of product
feed delivered at one time and
intended for animal
having common characteristics, such as origin, variety,
type of packing, packer, consignor, production place and
harvest time.

Article 3

Unchanged

1.
feed materials, feedingstuffs and feed additives may be put
into circulation in the Community only if they are sound,
genuine and of merchantable quality.

1. Materials intended for animal nutrition may be put into
circulation and used in the Community only if they are sound,
genuine and of merchantable quality.

In particular,

feed materials,

2.
feedingstuffs and feed
additives shall be deemed not to be sound, genuine and of
merchantable quality if the level of undesirable substances or
products they contain is so high that they cannot comply with
the maximum levels fixed for feed materials, feedingstuffs and
feed additives in Annex I hereto.

2.
In particular, materials intended for animal nutrition shall
be deemed not to be sound, genuine and of merchantable
quality if the level of undesirable substances or products they
contain is so high that they cannot comply with the maximum
levels fixed for materials intended for animal nutrition in
Annex I hereto.

___________
(1) OJ L 270, 14.12.1970, p. 1.

C 96 E/352

EN

Official Journal of the European Communities

27.3.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 4

Unchanged

1. Member States shall prescribe that the substances and
products listed in Annex I hereto may be tolerated feed
materials, feedingstuffs and feed additives only subject to the
conditions laid down therein.

1. Member States shall prescribe that the substances and
products
listed in Annex I hereto may be tolerated in
materials intended for animal nutrition only subject to the
conditions laid down therein.

2.
In order to minimise the presence of certain substances
and products inevitably found in nutrition feed materials, feed-
ingstuffs and feed additives, the Member States shall require
to identify and reduce or
investigations to be carried out
eliminate sources of contamination, not only in cases where
the maximum levels are exceeded, but also where significant
levels of such inevitable substances and products are detected.
If necessary, an action threshold may be laid down in Annex I
hereto.

2.
In order to minimise the presence of certain substances
and products inevitably found in materials intended for animal
nutrition the Member States shall require investigations to be
to identify and reduce or eliminate sources of
carried out
contamination, not only in cases where the maximum levels
are exceeded, but also where increased levels of such inevitable
substances and products are detected. If necessary, an action
threshold may be laid down in Annex I hereto.

Article 5

Unchanged

Member States shall prescribe that consignments feed materials,
feedingstuffs or feed additives containing levels of an unde-
sirable substance or product that exceed the maximum level
fixed in column 3 in Annex I hereto may not be mixed with
other consignments of
feedingstuffs or feed
feed materials,
additives.

Member States shall prescribe that consignments of materials
intended for animal nutrition containing levels of an unde-
sirable substance or product that exceed the maximum level
fixed in column 3 in Annex I hereto may not be mixed with
other consignments of such materials intended for animal
nutrition.

Article 6

Unchanged

Insofar as there are no special provisions for complementary
feedingstuffs, Member States shall prescribe that such feed-
ingstuffs may not, allowing for the dilutions prescribed for
their use, contain levels of the substances and products listed
in Annex I hereto that exceed those fixed for complete feed-
ingstuffs.

Article 7

1. Where a Member State has detailed grounds, based on
new information or a reassessment of existing information
made since the provisions in question were adopted, demon-
strating that a maximum level fixed in Annex I hereto or a
substance or product not listed therein constitutes a danger to
animal or human health or the environment, that Member
State may provisionally reduce the existing maximum level,
that
fix a maximum level or prohibit
substance or product
It
shall
immediately inform the other Member States and the
Commission thereof, stating the grounds for its decision.

in feedingstuffs or feed materials.

the presence of

1. Where a Member State has grounds, based on new
information or a reassessment of existing information made
since the provisions in question were adopted, demonstrating
that a maximum level fixed in Annex I hereto or a substance or
product not listed therein constitutes a danger to animal or
human health or the environment, that Member State may
fix a
provisionally reduce
maximum level or prohibit the presence of that substance or
It shall
product
in materials intended for animal nutrition.
and the
immediately inform the other Member States
the economic
Commission and,
sectors concerned thereof, stating the grounds for its decision.

in an appropriate manner,

existing maximum level,

the

2.
An immediate decision shall be taken, in accordance with
the procedure laid down in Article 12, as to whether Annex I
should be amended.

Unchanged

So long as neither the Council nor the Commission has taken a
decision, the Member State may maintain the measures it has
implemented.

27.3.2001

EN

Official Journal of the European Communities

C 96 E/353

AMENDED PROPOSAL

INITIAL PROPOSAL

Article 8

The procedure laid down in Article 11 shall be used, in the
light of developments in scientific and technical knowledge:

(a) to adopt amendments to be made to Annex I;

(b) to draw up a consolidated version of Annex I periodically
incorporating the successive amendments made under (a);

(c) to define criteria for the acceptability of

feed materials
which have undergone certain decontamination processes.

Article 9

Member States shall ensure that feed materials, feedingstuffs
and feed additives which comply with this Directive are not
subject to any other restrictions on circulation as regards the
presence of undesirable substances and products

Member States shall ensure that materials intended for animal
nutrition which comply with this Directive are not subject to
any other restrictions on circulation as regards the presence of
undesirable substances and products other than those provided
for in this Directive and Directive 95/53/EC.

Article 10

Unchanged

1. Member States shall take all necessary measures to ensure
that feed materials, feedingstuffs and feed additives are officially
monitored, at least by random sampling, to verify whether the
conditions laid down in this Directive are satisfied.

1. Member States shall take all necessary measures to ensure
intended for animal nutrition are officially
that materials
monitored pursuant
least by
random sampling, to verify whether the conditions laid down
in this Directive are satisfied.

to Directive 95/53/EC,

at

2. Member States shall inform the other Member States and
the Commission of the names of the departments appointed to
carry out this monitoring.

Unchanged

3. Member States
shall prescribe that where operators
(importers, producers, etc.) or persons who, by virtue of
their professional activities, are or have been in possession
of, or have had direct contact with a consignment of
materials intended for animal nutrition become aware that a
given consignment is unsuitable for any use in animal nutrition
either because it contains an undesirable substance or product
listed in Annex I and therefore does not comply with Article
3(1) and consequently constitutes a serious risk for animal or
public health, or because it contains an undesirable substance
or product not
listed in Annex I but which potentially
constitutes a serious risk for animal or public health,

Deleted

3. Member States
shall prescribe that where operators
(importers, producers, etc.) or persons who, by virtue of
their professional activities, are or have been in possession
of, or have had direct contact with a consignment of feed
materials, feedingstuffs or feed additives become aware that a
given consignment of feed materials is unsuitable for any use in
is contaminated with an
animal nutrition either because it
undesirable substance or product
listed in Annex I and
therefore does not comply with Article 3(1) and consequently
constitutes a serious risk for animal or public health, or
because it is contaminated with an undesirable substance or
product not listed in Annex I but which potentially constitutes
a serious risk for animal or public health,

(cid:151) a given consignment of feedingstuffs is unsuitable for any
use in animal nutrition either because it is contaminated
with an undesirable substance or product listed in Annex I
comply with Annex I and
and therefore does not
consequently constitutes a serious
risk for animal or
public health, or because it is contaminated with an unde-
sirable substance or product not
listed in Annex I but
which potentially constitutes a serious risk for animal or
public health,

(cid:151) a given consignment of additives is unsuitable for any use
in animal nutrition either because it is contaminated with
an undesirable substance or product listed in Annex I and
therefore does not comply with Annex I and consequently
constitutes a serious risk for animal or public health, or
because it is contaminated with an undesirable substance or
product not
listed in Annex I but which potentially
constitutes a serious risk for animal or public health

C 96 E/354

EN

Official Journal of the European Communities

27.3.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

such persons or operators shall immediately inform the official
authorities, even if
is
the destruction of
planned.

the consignment

Unchanged

After verifying the information received, Member States shall
ensure that the necessary measures are taken to ensure that the
contaminated consignment is not used in animal nutrition.

After verifying the information received, Member States shall
ensure that the necessary measures are taken to ensure that
such consignment is not used in animal nutrition.

Member States shall ensure that the final destination of the
contaminated consignment,
including possible destruction,
cannot have harmful effects on public or animal health or
on the environment.

Member States shall ensure that the final destination of the
consignment,
including possible destruction, cannot have
harmful effects on public or animal health or on the
environment.

4.
If a consignment of feed materials, feedingstuffs or feed
additives is likely to be sent to a Member State after it has been
judged in another Member State not
to comply with this
Directive because it contains excessive levels of undesirable
shall
substances or products,
immediately notify
and the
States
information concerning that
Commission of
consignment.

latter Member State

the other Member

any useful

the

If a consignment of materials

4.
intended for animal
nutrition is likely to be sent to a Member State after it has
been judged in another Member State not to comply with this
Directive because it contains excessive levels of undesirable
shall
substances or products,
immediately notify
and the
States
information concerning that
Commission of
consignment.

latter Member State

the other Member

any useful

the

Article 11

Unchanged

The Commission shall be assisted by the Standing
instituted by Article 1 of

1.
Committee
Council Decision 70/372/EEC of 20 July 1970 (1).

for Feedingstuffs,

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply,
in compliance with Article 7 paragraph 3 and
Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.

Article 12

The Commission shall be assisted by the Standing
instituted by Article 1 of

1.
for Feedingstuffs,
Committee
Council Decision 70/372/EEC.

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply in compliance with Article 7 paragraph 3 and
Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be fifteen days.

Article 13

The Member States shall apply at least the provisions of
to third

1.
this Directive to feedingstuffs intended for export
countries.
___________
(1) OJ L 170, 3.8.1970, p. 1.

The Member States shall apply at least the provisions of
intended for animal nutrition

1.
this Directive to materials
intended for export to third countries.

27.3.2001

EN

Official Journal of the European Communities

C 96 E/355

INITIAL PROPOSAL

AMENDED PROPOSAL

2.
Paragraph 1 shall not affect the right of Member States to
allow consignments of feedingstuffs which do not fulfil the
this Directive to be exported back to an
requirements of
exporting third country.

2.
Paragraph 1 shall not affect the right of Member States to
allow consignments of materials intended for animal nutrition
which do not fulfil the requirements of this Directive to be
exported back to an exporting third country. This re-export of
a consignment can only take place if the competent authority
of the exporting third country expressly agreed, after having
been fully informed of the reasons for and circumstances under
which the concerned consignment could not be put into circu-
lation in the Community.

Article 14

Unchanged

Directive 1999/29/EC is hereby

1.
repealed, without
prejudice to the obligations of the Member States to comply
with the deadlines set out in Part B of Annex III thereto for the
transposition of the Directives listed in Part A of that Annex.

2.
References to Directive 1999/29/EC shall be construed as
references to this Directive and should be read in accordance
with the correlation table in Annex II.

Article 15

Member States shall bring into force and publish the laws,
regulations and administrative provisions necessary to comply
with this Directive no later than 30 June 2000. They shall
forthwith inform the Commission thereof.

Member States shall bring into force and publish the laws,
regulations and administrative provisions necessary to comply
with this Directive within twelve months of its publication in
the Official
the European Communities. They shall
forthwith inform the Commission thereof.

Journal of

The measures adopted shall apply as from 1 July 2000.

The measures adopted shall apply as from twelve months of its
publication in the Official Journal of the European Communities.

When Member States adopt these provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
procedure for making such reference shall be adopted by
Member States.

Unchanged

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 16

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

Article 17

The Directive is addressed to the Member States.

C 96 E/356

EN

Official Journal of the European Communities

27.3.2001

ANNEX I

Substances, products

(1)

Feedingstuffs

(2)

A. Substances (ions or elements)

1. Arsenic

Feed materials with the exception of:

(cid:151) meal made from grass, from dried lucerne and from
dried clover, and dried sugar beet pulp and dried
molasses sugar beet pulp

(cid:151) phosphates

obtained
processing of fish or other marine animals

feedingstuffs

and

from the

Complete feedingstuffs with the exception of:

(cid:151) complete feedingstuffs for fish

Complementary feedingstuffs with the exception of:

(cid:151) mineral feedingstuffs

2. Lead

Feed materials with the exception of:

3. Fluorine

(cid:151) green fodder

(cid:151) phosphates

(cid:151) yeasts

Complete feedingstuffs

Complementary feedingstuffs with the exception of:

(cid:151) mineral feedingstuffs

Feed materials with the exception of:

(cid:151) feedingstuffs of animal origin

(cid:151) phosphates

Complete feedingstuffs with the exception of:

(cid:151) complete feedingstuffs for cattle, sheep and goats

(cid:151) in milk

(cid:151) other

(cid:151) complete feedingstuffs for pigs

(cid:151) complete feedingstuffs for poultry

(cid:151) complete feedingstuffs for chicks

Mineral mixtures for cattle, sheep and goats

Other complementary feedingstuffs

4. Mercury

Feed materials with the exception of:

(cid:151) feedingstuffs produced by the processing of fish or other

marine animals

Complete feedingstuffs with the exception of:

(cid:151) complete feedingstuffs for dogs and cats

Complementary feedingstuffs except:

(cid:151) complementary feedingstuffs for dogs and cats

Maximum content in
mg/kg (ppm) relative to a
feedingstuff with a
moisture content of 12 %

(3)

2

4

10

2

4

4

12

10

40

30

5

5

10

30

150

500

2 000

150

30

50

100

350

250

2 000 (1)

125 (2)

0,1

0,5

0,1

0,4

0,2

27.3.2001

EN

Official Journal of the European Communities

C 96 E/357

(1)

(2)

5. Nitrites

Fish meal

(3)

60
(expressed as
sodium nitrite)

Complete feedingstuffs excluding:

15

(cid:151) feedingstuffs

intended for pets

except birds

and

aquarium fish

(expressed as
sodium nitrite)

6. Cadmium

Feed materials of vegetable origin

Feed materials of animal origin, except:

(cid:151) feedingstuffs for pets

Phosphates

1

2

10 (3)

B. Products

1. Aflatoxin B1

Complete feedingstuffs for cattle sheep and goats except:

1

(cid:151) complete feedingstuffs for calves, lambs and kids

Other complete feedingstuffs except:

(cid:151) feedingstuffs for pets

Mineral feedingstuffs

Other complementary feedingstuffs for cattle, sheep and
goats

Feed materials with the exception of:

(cid:151) groundnut, copra, palm-kernel, cotton seed, babassu,
maize and products derived from the processing thereof

Complete feedingstuffs for cattle, sheep and goats with the
exception of:

(cid:151) dairy cattle

(cid:151) calves and lambs

Complete feedingstuffs for pigs and poultry (except young
animals)

Other complete feedingstuffs

Complementary feedingstuffs for cattle, sheep and goats
(except complementary feedingstuffs
for dairy animals,
calves and lambs)

Complementary feedingstuffs for pigs and poultry (except
young animals)

Other complementary feedingstuffs

0,5

5 (4)

0,5

0,05

0,02

0,05

0,005

0,01

0,02

0,01

0,05

0,03

0,005

C 96 E/358

EN

Official Journal of the European Communities

27.3.2001

(1)

(2)

2. Hydrocyanic acid

Feed materials with the exception of:

(cid:151) linseed

(cid:151) linseed cakes

(cid:151) manioc products and almond cakes

Complete feedingstuffs with the exception of:

(cid:151) complete feedingstuffs for chicks

3. Free gossypol

Feed materials with the exception of:

(cid:151) cotton-seed cakes

Complete feedingstuffs with the exception of:

(cid:151) complete feedingstuffs for cattle, sheep and goats

(cid:151) complete feedingstuffs for poultry (except laying hens)

and calves

(cid:151) complete feedingstuffs

for

rabbits and pigs

(except

piglets)

4. Theobromine

Complete feedingstuffs with the exception of:

5. Volatile mustard oil

Feed materials with the exception of:

(cid:151) complete feedingstuffs for adult cattle

(3)

50

250

350

100

50

10

20

1 200

20

500

100

60

300

700

100

(cid:151) rapeseed cakes

Complete feedingstuffs with the exception of:

(cid:151) complete feedingstuffs for cattle, sheep and goats (except

young animals)

(cid:151) complete feedingstuffs

for pigs

(except piglets) and

poultry

4 000
(expressed as allyl
isothiocyanate)

150
(expressed as allyl
isothiocyanate)

1 000
(expressed as allyl
isothiocyanate)

500
(expressed as allyl
isothiocyanate)

6. Vinyl thiooxazolidone (Vinyloxazolidine thione)

Complete feedingstuffs for poultry with the exception of:

1 000

7. Rye ergot (Claviceps purpurea)

All feedingstuffs containing unground cereals

(cid:151) complete feedingstuffs for laying hens

8. Weed seeds and unground and uncrushed fruits
toxic

containing
substances separately or in combination including

glucosides or other

alkaloids,

All feedingstuffs

(a) Lolium temulentum L.,

(b) Lolium remotum Schrank,

(c) Datura stramonium L.

500

1 000

3 000

1 000

1 000

1 000

27.3.2001

EN

Official Journal of the European Communities

C 96 E/359

(1)

(2)

(3)

9. Castor oil plant (cid:151) Ricinus communis L.

All feedingstuffs

10
(expressed in
terms of castor-oil
plant husks)

10. Crotalaria spp.

11. Aldrin

12. Dieldrin

9
>=

>;

All feedingstuffs

singly or
dieldrin

combined expressed as

9
>=

>;

All feedingstuffs with the exception of:

(cid:151) fats

9
>=

>;

13. Camphechlor (toxaphene)

All feedingstuffs

14. Chlordane (sum of cis- and trans-isomers and of

All feedingstuffs with the exception of:

oxychlordane, expressed as chlordane)

(cid:151) fats

15. DDT (sum of DDT-, TDE-

and DDE-isomers,

All feedingstuffs with the exception of:

expressed as DDT)

(cid:151) fats

16. Endosulfan (sum of alpha- and beta-isomers and of

All feedingstuffs with the exception of:

endosulfansulphate expressed as endosulfan)

(cid:151) maize

(cid:151) oilseeds

(cid:151) complete feedingstuffs for fish

17. Endrin (sum of endrin and of delta-ketoi-endrin,

All feedingstuffs with the exception of:

expressed as endrin)

(cid:151) fats

18. Heptachlor

(sum of heptachlor and of heptach-

All feedingstuffs with the exception of:

lorepoxide, expressed as heptachlor)

(cid:151) fats

19. Hexachlorobenzene (HCB)

All feedingstuffs with the exception of:

20. Hexachlorocyclo-hexane (HCH)

(cid:151) fats

20.1 alpha-isomers

All feedingstufs with the exception of:

(cid:151) fats

20.2 beta-isomers

Compound feedingstuffs with the exception of:

(cid:151) feedingstuffs for dairy cattle

Feed materials with the exception of:

(cid:151) fats

20.3 gamma-isomers

All feedingstuffs with the exception of:

21. Dioxin (sum of PCDD and PCDF), expressed in inter-

Citrus pulp

national toxic equivalent

(cid:151) fats

100

0,01

0,2

0,1

0,02

0,05

0,05

0,5

0,1

0,2

0,5

0,005

0,01

0,05

0,01

0,2

0,01

0,2

0,02

0,2

0,01

0,005

0,01

0,1

0,2

2,0

500 pg I-TEQ/kg
(upper bound
detection limit) (5)

C 96 E/360

EN

Official Journal of the European Communities

27.3.2001

(1)

(2)

(3)

C. Botanical impurities:

1. Apricots (cid:151) Prunus armeniaca L.

2. Bitter almond (cid:151) Prunus dulcis (Mill.) D.A. Webb var.
amara (DC.) Focke (= Prunus amygdalus Batsch var.
amara (DC.) Focke)

3. Unhusked beech mast (cid:151) Fagus silvatica L.

4. Camelina (cid:151) Camilina sativa (L.) Crantz

5. Mowrah, Bassia, Madhuca (cid:151) Madhuca longifolia (L.)
(= Bassia longifolia L. = Illipe malabrorum
indica Gmelin (= Bassia
latifolia

Macbr.
Engl.) Madhuca
Roxb.) = Illipe latifolia (Roscb.) F. Mueller

6. Purghera (cid:151) Jatropha curcas L.

7. Croton (cid:151) Croton tiglium L.

8. Indian mustard (cid:151) Brassica juncea (L.) Czern. And

Coss. ssp. integrifolia (West.) Thell.

9. Sareptian mustard (cid:151) Brassica juncea (L.) Czern. And

Coss. ssp. juncea

10. Chinese mustard (cid:151) Brassica juncea (L.) Czern. And

Coss. ssp. juncea var. lutea Batalin

11. Black mustard (cid:151) Brassica nigra (L.) Koch

12. Ethiopian mustard (cid:151) Brassica carinata A. Braun

9

8

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;

All feedingstuffs

9

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;

8

Seeds and fruit
of the plant
species listed
opposite as well
as their
processed
derivatives may
only be present
in feedingstuffs
in trace amounts
not quanti-
tatively deter-
minable

(1) Member States may also prescribe a maximum fluorine content of 1,25 % of the phosphate content.
(2) Fluorine content per 1 % phosphorus.
(3) Member States may also prescribe a maximum cadmium content of 0,5 mg per 1 % phosphorus.
(4) Member States may also prescribe a maximum cadmium content of 0,75 mg per 1 % phosphorus.
(5) Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection.

27.3.2001

EN

Official Journal of the European Communities

C 96 E/361

ANNEX II

CORRELATION TABLE

Directive 1999/29

This Directive

Article 1
Article 2(a)
Article 2(b)
Article 2(c)
Article 2(d)
Article 2(e)
Article 2(f)
Article 2(g)
Article 2(h)
(cid:151)
Article 3
Article 4(1)
Article 4(2)
(cid:151)
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
(cid:151)
(cid:151)
Article 17
Article 18
Annex I
Annex II
Annex III
Annex IV

Article 1
Article 2(a)
Article 2(b)
Article 2(c)
Article 2(d)
Article 2(e)
Article 2(f)
Article 2(g)
Article 2(h)
Article 2(i)
Article 3
Article 4(1)
(cid:151)
Article 4(2)
(cid:151)
(cid:151)
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
(cid:151)
Article 14
Article 15
Article 16
Article 17
Annex I
(cid:151)
(cid:151)
Annex II