Opinion of the Commission pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Directive 79/373/EEC on the marketing of compound feedingstuffs - amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2001-05-16
Institutions: European Commission
Subjects: animal nutrition, common position, food inspection, labelling, manufactured feedingstuffs, marketing

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.05.2001
COM(2001) 275 final

2000/0015 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directive 79/373/EEC on the marketing of compound feedingstuffs

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

EXPLANATORY MEMORANDUM

Article 251 (2) (c) of the EC Treaty requires the Commission to deliver an opinion on the
amendments proposed by the European Parliament at second reading.

The Commission’s opinion on the seven amendments proposed by Parliament is set out in
section 4.

1.

a)

b)

c)

d)

e)

f)

g)

BACKGROUND

On 7 January 2000, the Commission submitted to the Council and to the European
Parliament a proposal pursuant to Article 251 (2) and Article 152 of the EC Treaty
(COM(1999) 744 final - 2000/0015 (COD)) amending Directive 79/373/EEC on the
marketing of compound feedingstuffs1.

The Economic and Social Committee delivered its opinion on 29 March 20002.

On 13 September 2000, the Committee on Agriculture and Rural Development adopted
the zu Baringdorf report and approved the Commission’s proposal subject
to five
amendments.

The European Parliament, at its plenary session of 2-6 October 2000, approved the
Commission’s proposal at first reading, subject to five amendments.

The Commission accepted four of the European Parliament’s five amendments, which
were then included in the amended proposal for a European Parliament and Council
Directive adopted by the Commission on 21 December 2000 (COM(2000) 780 final).

The Council unanimously adopted its common position on 19 December 20003. The
Council also accepted the European Parliament’s four amendments accepted by the
Commission in its modified proposal4.

On 5 April 2001, the European Parliament adopted at second reading a European
legislative resolution on the common position of
including seven
amendments to that common position.

the Council,

2.

PURPOSE OF THE PROPOSAL

Directive 79/373/EEC on the marketing of compound feedingstuffs lays down rules on the
labelling of compound feedingstuffs.

The purpose of the proposal is to ensure that stock farmers are informed about the composition of
compound feedingstuffs, by imposing a compulsory declaration of detailed quantitative and
qualitative information ("open declaration")

1

2

3

4

OJ L 86, 06.04.1979, p. 30.
OJ C 140, 18.05.2000, p. 12.
OJ C 36, 02.02.2001, p. 35.
However, one of these four amendments (No 5) relating to the date of implementation was not included in
the common position as it was out of date.

2

3.

COMMON POSITION

The common position is based on the following compromise:

– a compulsory declaration using five percentage bands covering the quantities of all feed

materials;

– an obligation on the manufacturer to provide the open formula at the farmer's request.

4.

OPINION OF THE COMMISSION ON THE EUROPEAN PARLIAMENT’S AMENDMENTS AT
SECOND READING

4.1.

Amendments accepted by the Commission

NONE

4.2.

Amendments not accepted by the Commission

• Amendment 1

This amendment imposes an exact declaration of the amounts of all ingredients in compound
feedingstuffs for production animals.

Commission position

As regards safety, the important factor is the presence of an ingredient, and not necessarily its
exact quantity.

The common position facilitates labelling by making a more flexible approach less difficult to
enforce.

• Amendment 2

This amendment imposes an exact declaration of the amounts of all ingredients in compound
feedingstuffs for production animals. The reference to the detailed list being provided "at the
individual request of the stock farmer" is deleted.

Commission position

See justification relating to amendment 1

• Amendment 3

The reference to the exact composition being provided "voluntarily" by the manufacturer of
compound feedingstuffs is also deleted.

Commission position

See justification relating to amendment 1

• Amendment 4

This amendment introduces a new recital calling on the Commission to put forward by the end of
this year proposals for a positive list of feed materials.

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Commission position

– This amendment does not relate to the provisions of Directive 79/373/EEC on the marketing of
compound feedingstuffs, but to the provisions of Directive 96/25/EC on the circulation of feed
materials for animal feedingstuffs.

– It is not realistic to ask the Commission to put forward by the end of this year proposals for a
positive list of permissible feed materials for feedingstuffs. This could contain approximately
15 000 entries. In addition, this requirement for a positive list will not increase the safety of the
products used, as a batch of products included in the list can, for instance, be very dangerous
because of an accident.

– The Commission is, however, considering a feasibility study on this issue to be completed by

the first half of 2002 at the latest.

• Amendment 5

This amendment imposes an exact declaration of the amounts of all ingredients in compound
feedingstuffs for production animals.

Commission position

See justification relating to amendment 1.

• Amendment 6

This amendment imposes an exact declaration of the amounts of all ingredients in compound
feedingstuffs for production animals, rather than using certain percentage bands as in the common
position.

Commission position

See justification relating to amendment 1.

• Amendment 7

This amendment deletes the Annex laying down the percentage bands within which feed materials
would be listed according to their percentages by weight.

Commission position

The Annex provides all the necessary information and the necessary degree of flexibility for feed
business operators.

5.

CONCLUSIONS

The Commission is not in agreement with any of the European Parliament’s amendments to the
common position.

The common position includes nearly all the amendments introduced by the European Parliament
at first reading (only the amendment concerning the positive list of feed materials is not included,
as it does not fall within the scope of the proposal). Furthermore, the common position ensures a
level of safety equivalent to that of the original proposal.

4