Common Position (EC) No 1/2002 of 17 September 2001 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 on undesirable substances in animal feed
Date: 2001-09-17
Institutions: Council of the European Union
Subjects: animal nutrition, food additive, food inspection, foodstuffs legislation, toxic substance

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(Information)

COUNCIL

COMMON POSITION (EC) No 1/2002

adopted by the Council on 17 September 2001

with a view to adopting Directive 2002/.../EC of the European Parliament and of the Council on
undesirable substances in animal feed

(2002/C 4/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 152(4)(b) 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:

(3)

(4)

(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.

(1) OJ C 89 E, 28.3.2000, p. 70 and OJ C 96 E, 27.3.2001, p. 346.
(2) OJ C 140, 18.5.2000, p. 9.
(3) Opinion of the European Parliament of 4 October 2000 (OJ
C 178, 22.6.2001, p. 160), Council Common Position of
17 September 2001 and Decision of the European Parliament
of ... (not yet published in the Official Journal).

(4) OJ L 115, 4.5.1999, p. 32.

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

Rules on feedingstuffs are needed to ensure agricultural
productivity and sustainability and to make it possible
to ensure public and animal health, animal welfare and
the environment.
there is a need for
comprehensive regulation on hygiene in order to guaran-
tee good quality feedingstuffs on individual farms even
when they are not commercially produced.

In addition,

The same rules concerning the quality and safety of
products intended for animal feed have to apply to the
quality and safety of water consumed by the animals.
Although the definition of feedingstuffs does not pre-
clude water being considered as feedingstuff,
is
not included in the non-exhaustive list of main feed
materials, laid down by Council Directive 96/25/EC of
29 April 1996 on the circulation and use of feed
materials (5). The issue of water to be considered as
feedingstuffs needs to be examined in the framework of
that Directive.

it

(5) OJ L 125, 23.5.1996, p. 35. Directive as last amended by Directive
2000/16/EC of the European Parliament and of the Council (OJ
L 105, 3.5.2000, p. 36).

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(5)

(6)

(7)

(8)

(9)

It has been established that additives can contain undesir-
able substances. The scope of
the Directive should
therefore be extended to cover additives.

(12) The presence of certain undesirable substances in comp-
lementary feedingstuffs must be limited by fixing appro-
priate maximum levels.

Products intended for animal feed may contain undesir-
able substances which can endanger animal health or,
because of their presence in livestock products, human
health or the environment.

It
is impossible to eliminate fully the presence of
undesirable substances but it is important that their
content in products intended for animal feed should be
reduced, with due regard to the substances’ acute
toxicity, bio-accumulability and degradability, in order
to prevent undesirable and harmful effects.
is at
present inappropriate to fix this content below the levels
detectable by methods of analysis to be defined for the
Community.

It

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.

(13) While in certain cases a maximum level is fixed, taking
account of background levels, continued effort is still
needed to restrict the presence of some specific undesir-
able substances to the lowest possible levels in products
intended for animal feed so as to reduce their presence
It should therefore be
in the feed and food chain.
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 undesirable
substances and steps taken to reduce or eliminate such
sources.

(14) Where animal or human health or the environment is
endangered, Member States should be allowed tempor-
arily to reduce the fixed maximum permissible levels, to
fix maximum levels for other substances or to prohibit
the presence of such substances in products intended for
animal feed. In order to ensure a uniform application,
any amendments to Annex I to this Directive should be
decided on by emergency Community procedure, on the
basis of supporting documents and the precautionary
principle.

in products
Undesirable substances may be present
intended for animal feed 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 feed.
This Directive should therefore apply without affecting
other Community provisions on feedingstuffs, and par-
ticularly the rules applicable to compound feedingstuffs.

(15)

feed that satisfy the
Products intended for animal
requirements of this Directive may not be subject to
restrictions on entry into circulation, as regards the level
of undesirable substances they contain, other than those
provided for in this Directive and in Council Directive
95/53/EC of 25 October 1995 fixing the principles
governing the organisation of official inspections in the
field of animal nutrition (1).

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

(16) Member States must make appropriate monitoring
arrangements pursuant to Directive 95/53/EC to ensure
that the requirements regarding undesirable substances
are met when products intended for animal feed are
used or circulated.

(11)

Products intended for animal
feed must be sound,
genuine and of merchantable quality and therefore when
correctly used must not represent any danger to human
health, animal health or to the environment or adversely
affect livestock production. Using or putting into circu-
lation products intended for animal feed which contain
exceed the
levels of undesirable
maximum levels laid down in Annex I must therefore be
prohibited.

substances

that

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

(1) OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive
2001/46/EC of the European Parliament and of the Council (OJ
L 234, 1.9.2001, p. 55).

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(18)

In order to facilitate implementation of the proposed
measures, there should be a procedure for close cooper-
ation between the Member States and the Commission
within the Standing Committee for Feedingstuffs set up
by Decision 70/372/EEC (1).

Directive 90/642/EEC of 27 November 1990 on the
fixing of maximum levels for pesticide residues in and on
including fruit and
certain products of plant origin,
vegetables (8), where these residues are not
listed in
Annex I to this Directive;

(19) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2),

HAVE ADOPTED THIS DIRECTIVE:

(d) Community legislation concerning veterinary matters

relating to public health and animal health;

(e) Council Directive 82/471/EEC of 30 June 1982 concern-

ing certain products used in animal nutrition (9);

(f) Council Directive 93/74/EEC of 13 September 1993 on
feedingstuffs intended for particular nutritional pur-
poses (10).

Article 1

Article 2

This Directive deals with undesirable substances in

1.
products intended for animal feed.

For the purposes of this Directive:

This Directive shall apply without prejudice to the

2.
provisions in:

(a) Council Directive 70/524/EEC of 23 November 1970

concerning additives in feedingstuffs (3);

(b) Council Directive 96/25/EC and Council Directive
79/373/EEC of 2 April 1979 on the marketing of
compound feedingstuffs (4);

(c) Council Directive 76/895/EEC of 23 November 1976
relating to the fixing of maximum levels for pesticide
residues in and on fruit and vegetables (5), Council
Directive 86/362/EEC of 24 July 1986 on the fixing of
maximum levels
in and on
cereals (6), Council Directive 86/363/EEC of 24 July 1986
on the fixing of maximum levels for pesticide residues in
and on foodstuffs of animal origin (7) and Council

for pesticide residues

(1) OJ L 170, 3.8.1970, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 270, 14.12.1970, p. 1. Directive as last amended by

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

(4) OJ L 86, 6.4.1979, p. 30. Directive as last amended by Direc-

tive 2000/16/EC.

(a)

(b)

‘feedingstuffs’ shall mean 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, used singly or in
mixtures, whether or not containing additives, for oral
animal feeding;

‘feed materials’ shall mean 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
feeding either directly as such or, after
processing, in the preparation of compound feedingstuffs
or as substrates for premixtures;

(c)

‘additives’ shall mean additives as defined in Article 2(a)
of Council Directive 70/524/EEC;

(d)

(e)

‘premixtures’ shall mean mixtures of additives or mixtures
of one or more additives with substances used as carriers,
intended for the manufacture of feedingstuffs;

‘compound feedingstuffs’ shall mean mixtures of feed
materials, whether or not containing additives, which
are intended for oral animal feeding as complete or
complementary feedingstuffs;

(5) OJ L 340, 9.12.1976, p. 26. Directive as last amended by
Commission Directive 2000/57/EC (OJ L 244, 29.9.2000, p. 76).
(6) OJ L 221, 7.8.1986, p. 37. Directive as last amended by
Commission Directive 2001/57/EC (OJ L 208, 1.8.2001, p. 36 ).
(7) OJ L 221, 7.8.1986, p. 43. Directive as last amended by

Commission Directive 2001/57/EC.

(8) OJ L 350, 14.12.1990, p. 71. Directive as last amended by

Directive 2001/57/EC.

(9) OJ L 213, 21.7.1982, p. 8. Directive as last amended by

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

(10) OJ L 237, 22.9.1993, p. 23. Directive as last amended by

Directive 1999/29/EC (OJ L 115, 4.5.1999, p. 32).

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(f)

(g)

(h)

(i)

(j)

(k)

(l)

‘complementary feedingstuffs’ shall mean mixtures of
feedingstuffs 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;

‘complete feedingstuffs’ shall mean mixtures of feeding-
stuffs which, by reason of their composition, are sufficient
for a daily ration;

‘products intended for animal
feed’ shall mean feed
materials, premixtures, additives, feedingstuffs and all
other products intended for use or used in animal feed;

‘daily ration’ shall mean the average total quantity of
feedingstuffs, 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;

‘animals’ shall mean animals belonging to species nor-
mally fed and kept or consumed by man as well as
animals living freely in the wild in cases where they are
fed with feedingstuffs;

‘putting into circulation’ or ‘circulation’ shall mean the
holding of products intended for animal feed 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 or other forms of transfer themselves;

‘undesirable substance’ shall mean any substance or
product, with the exception of pathogenic agents, which
is present in and/or on the product intended for animal
feed and which presents a potential danger to animal or
human health or to the environment or could adversely
affect livestock production.

Article 3

1.
Products intended for animal feed may enter for use in
the Community from third countries, be put into circulation
and/or used in the Community only if they are sound, genuine
and of merchantable quality and therefore when correctly used
do not represent any danger to human health, animal health
or to the environment or could adversely affect livestock
production.

2.
In particular, products intended for animal feed shall be
deemed not to be in conformity with paragraph 1 if the level
of undesirable substances they contain does not comply with
the maximum levels laid down in Annex I.

Article 4

1. Member States shall prescribe that the undesirable sub-
stances listed in Annex I may be tolerated in products intended
for animal feed only subject to the conditions laid down
therein.

2.
In order to reduce or eliminate sources of undesirable
substances of products intended for animal feed, Member
States, in cooperation with economic operators, shall carry
out
investigations to identify the sources of undesirable
substances, in cases where the maximum levels are exceeded
and in cases where increased levels of such substances are
detected, taking into account background levels. For a uniform
approach in cases of increased levels it may be necessary to set
action thresholds to trigger such investigations. These may be
laid down in Annex II.

Member States shall transmit to the Commission and the other
Member States all relevant information and findings of the
source and the measures taken to reduce the level or elimin-
ation of the undesirable substances. This information shall be
transmitted in the frame of the annual report to be transmitted
to the Commission according to the provisions of Article 22
of Directive 95/53/EC except
in those cases where the
information is of immediate relevance for the other Member
States. In this latter case, the information shall be transmitted
immediately.

Article 5

Member States shall prescribe that products intended for
animal feed containing levels of an undesirable substance that
exceed the maximum level fixed in Annex I may not be mixed
for dilution purposes with the same, or other, products
intended for animal feed.

Article 6

In so far as there are no special provisions for complementary
feedingstuffs, Member States shall prescribe that complemen-
tary feedingstuffs may not, taking into account the proportion
prescribed for their use in a daily ration, contain levels of the
undesirable substances listed in Annex I that exceed those
fixed for complete feedingstuffs.

Article 7

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 or an undesirable
substance not listed therein present a danger to animal or
human health or to the environment, that Member State
may provisionally reduce the existing maximum level, fix a
maximum level or prohibit the presence of that undesirable
It shall
substance in products intended for animal
immediately inform the other Member States and the Com-
mission thereof, stating the grounds for its decision.

feed.

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

2. Where reference is made to this Article, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

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

The period laid down in Article 5(6) of Decision

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

The Member State must ensure that the decision taken is made
public.

Article 12

Article 8

1.
The Commission shall be assisted by the Standing
Committee for Feedingstuffs, set up by Article 1 of Decision
70/372/EEC.

In accordance with the procedure laid down in Article 11,
1.
the Commission, in the light of developments in scientific and
technical knowledge, shall adapt Annexes I and II.

Furthermore,

2.
down in Article 11, the Commission:

in accordance with the procedure laid

— shall periodically adopt consolidated versions of Annexes
I and II incorporating any adaptations made pursuant to
paragraph 1,

— may define acceptability criteria for detoxification pro-
cesses as a complement to the criteria provided for
products intended for animal feed which have undergone
such processes.

3. Member States shall ensure that measures are taken to
guarantee the correct application of any acceptable processes
pursuant to paragraph 2 and the conformity of the detoxified
products intended for animal feed with the provisions of
Annex I.

Article 9

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

2. Where reference is made to this Article, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision

3.
1999/468/EC shall be set at 15 days.

Article 13

The Member States shall apply at least the provisions of
1.
this Directive to products intended for animal feed produced
in the Community to be exported to third countries.

Paragraph 1 shall not affect the right of Member States
2.
to authorise products intended for animal
feed produced
outside the Community which do not fulfil the requirements
of this Directive to be returned to the exporting third country.
This return of products intended for animal feed to the
exporting third country may take place only after the com-
petent authority of the exporting third country has been fully
informed of the reasons why, and circumstances under which,
the products concerned intended for animal feed could not be
put into circulation in the Community.

Article 14

Article 10

Provisions that may have an effect upon public or animal
health or on the environment shall be adopted after consul-
tation with the appropriate Scientific Committee(s).

1.
Directive 1999/29/EC is hereby repealed as from ... (*),
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.

Article 11

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 III.

The Commission shall be assisted by the Standing
1.
Committee for Feedingstuffs, set up by Article 1 of Decision
70/372/EEC.

(*) Eighteen months following the entry into force of this Directive.

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Article 15

Article 16

Member States shall adopt and publish the laws, regulations
and administrative provisions necessary to comply with this
Directive before ... (*). They shall forthwith inform the Com-
mission thereof.

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

The measures adopted shall apply as from ...(**).

Article 17

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
procedure for making such reference shall be adopted by
Member States.

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.

The Directive is addressed to the Member States,

Done at ...

For the European Parliament

The President

For the Council

The President

(*) Twelve months as from the entry into force of this Directive.
(**) Eighteen months as from the entry into force of this Directive.

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ANNEX I

Undesirable substances

Products intended for animal feed

(1)

(2)

1.

Arsenic

2.

Lead

3.

Fluorine

4. Mercury

Feed materials with the exception of:
— meal made from grass, from dried lucerne
and from dried clover, and dried sugar beet
pulp and dried molasses sugar beet pulp
— phosphates and feedingstuffs obtained from
the processing of fish or other marine ani-
mals

Complete feedingstuffs with the exception of:
— complete feedingstuffs for fish

Complementary feedingstuffs with the exception
of:
— mineral feedingstuffs

Feed materials with the exception of:
— green fodder
— phosphates
— yeasts

Complete feedingstuffs

Complementary feedingstuffs with the exception
of:
— mineral feedingstuffs

Feed materials with the exception of:
— feedingstuffs of animal origin
— phosphates

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

goats
— in milk
— other

— complete feedingstuffs for pigs
— complete feedingstuffs for poultry
— complete feedingstuffs for chicks

Mineral mixtures for cattle, sheep and goats

Other complementary feedingstuffs

Feed materials with the exception of:
— feedingstuffs produced by the processing of

fish or other marine animals

Complete feedingstuffs with the exception of:
— complete feedingstuffs for dogs and cats

Complementary feedingstuffs except:
— 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

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Undesirable substances

Products intended for animal feed

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

(1)

(2)

(3)

5.

Nitrites

Fish meal

Complete feedingstuffs excluding:
— (expressed as sodium nitrite)

(expressed

60
as
nitrite)

sodium

15
feedingstuffs intended for
pets except birds and aqua-
rium fish

6.

Cadmium

Feed materials of vegetable origin

7.

Aflatoxin B1

Feed materials of animal origin, except:
— feedingstuffs for pets

Phosphates

Complete feedingstuffs for cattle sheep, and
goats except:
— complete feedingstuffs for calves, lambs and

kids

Other complete feedingstuffs except:
— feedingstuffs for pets

Mineral feedingstuffs

Other complementary feedingstuffs for cattle,
sheep and goats

Feed materials with the exception of:
— 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:
— dairy cattle
— 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 poul-
try (except young animals)

Other complementary feedingstuffs

8.

Hydrocyanic acid

Feed materials with the exception of:
— linseed
— linseed cakes
— manioc products and almond cakes

Complete feedingstuffs with the exception of:
— complete feedingstuffs for chicks

1

2

10 (3)

1

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

50
250
350
100

50
10

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Undesirable substances

Products intended for animal feed

(1)

(2)

9.

Free gossypol

Feed materials with the exception of:
— cotton-seed cakes

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

goats

— complete feedingstuffs for poultry (except

laying hens) and calves

— complete feedingstuffs for rabbits and pigs

(except piglets)

10.

Theobromine

Complete feedingstuffs with the exception of:
— complete feedingstuffs for adult cattle

11.

Volatile mustard oil

Feed materials with the exception of:
— rapeseed cakes

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

(3)

20
1 200

20

500

100

60

300
700

100
4 000

Complete feedingstuffs with the exception of:

150

(expressed as allyl
ocyanate)

isothi-

— complete feedingstuffs for cattle, sheep and

goats (except young animals)

— complete feedingstuffs for pigs (except pig-

lets) and poultry

(expressed as allyl
ocyanate)
1 000

(expressed as allyl
ocyanate)
500

(expressed as allyl
ocyanate)

isothi-

isothi-

isothi-

12.

Vinyl thiooxazolidone (vinyl- Complete feedingstuffs for poultry with the
oxazolidine thione)

exception of
— complete feedingstuffs for laying hens

13.

Rye ergot (Claviceps purpurea)

All feedingstuffs containing unground cereals

14. Weed seeds and unground and All feedingstuffs

uncrushed fruits containing
alkaloids, glucosides or other
toxic substances separately or
in combination including

(a)

(b)

Lolium temulentum L.;

Lolium
Schrank;

remotum

(c)

Datura stramonium L.

1 000
500

1 000

3 000

1 000

1 000

1 000

15.

Castor oil plant — Ricinus com- All feedingstuffs
munis L.

10
(expressed in terms of cas-
tor-oil plant husks)

16.

Crotalaria spp.

All feedingstuffs

17.
18.

Aldrin
Dieldrin

}

singly or com- } All feedingstuffs with the exception of:

bined expressed — fats
as dieldrin

}

100

0,01
0,2

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Undesirable substances

Products intended for animal feed

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

(1)

(2)

19.

Camphechlor (toxaphene)

All feedingstuffs

20.

21.

22.

23.

24.

Chlordane (sum of cis- and All feedingstuffs with the exception of:
trans-isomers and of oxychlor- — fats
dane, expressed as chlordane)

DDT (sum of DDT-, TDE- and All feedingstuffs with the exception of:
DDE-isomers,
DDT)

expressed as — fats

Endosulfan (sum of alpha- and All feedingstuffs with the exception of:
beta-isomers and of endosul- — maize
fansulphate expressed as endo- — oilseeds
sulfan)

— complete feedingstuffs for fish

Endrin (sum of endrin and of All feedingstuffs with the exception of:
delta-ketoi-endrin,
as endrin)

expressed — fats

Heptachlor (sum of heptachlor All feedingstuffs with the exception of:
and
expressed as heptachlor)

heptachlorepoxide, — fats

of

25.

Hexachlorobenzene (HCB)

All feedingstuffs with the exception of:
— fats

26.

Hexachlorocyclo-hexane
(HCH)

26.1.

alpha-isomers

All feedingstuffs with the exception of:
— fats

26.2.

beta-isomers

Compound feedingstuffs with the exception of:
— feedingstuffs for dairy cattle

Feed materials with the exception of:
— fats

26.3.

gamma-isomers

All feedingstuffs with the exception of:
— fats

(3)

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

27.

Dioxin (sum of PCDD and Citrus pulp
PCDF),
national toxic equivalent

expressed in inter-

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

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Undesirable substances

Products intended for animal feed

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

(1)

(2)

(3)

28.

29.

30.

31.

Apricots — Prunus armeniaca
L.

Bitter almond — Prunus dulcis
(Mill.) D.A. Webb var. amara
(DC.) Focke (= Prunus amygda-
lus Batsch var. amara (DC.)
Focke)

Unhusked beech mast — Fagus
silvatica L.

Camelina — Camelina sativa
(L.) Crantz

32. Mowrah, Bassia, Madhuca —
Madhuca longifolia (L.) Macbr.
(= Bassia longifolia L. = Illipe
malabrorum Engl.) Madhuca
indica Gmelin (= Bassia latifolia
Roxb.) = Illipe latifolia (Roscb.)
F. Mueller)

33.

Purghera — Jatropha curcas L.

All feedingstuffs

34.

Croton — Croton tiglium L.

35.

36.

37.

38.

39.

Indian mustard — Brassica jun-
cea (L.) Czern. And Coss. ssp.
integrifolia (West.) Thell.

Sareptian mustard — Brassica
juncea (L.) Czern. and Coss. ssp
juncea

Chinese mustard — Brassica
juncea (L.) Czern. and Coss. ssp.
juncea var. lutea Batalin

Black mustard — Brassica nigra
(L.) Koch

Ethiopian mustard — Brassica
carinata A. Braun

Seeds and fruit of
the plant
species
listed opposite as
well as their pro-
cessed derivatives
may only be pre-
in feeding-
sent
stuffs
trace
in
amounts not quan-
deter-
titatively

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.

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ANNEX II

Undesirable
substances

Products intended
for animal feed

Action threshold in mg/kg (ppm) relative to
a product intended for animal feed with a
moisture content of 12 %

Comments and additional information (e.g.
nature of investigations to be performed)

(for the record)

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ANNEX III

CORRELATION TABLE

Directive 1999/29/EC

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)

—

—

—

—

—

Article 3

Article 4(1)

Article 4(2)

—

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

—

Article 13

Article 14

Article 15

Article 16

Article 1

Article 2(a)

Article 2(b)

Article 2(g)

Article 2(f)

Article 2(e)

Article 2(i)

Article 2(j)

—

Article 2(c)

Article 2(d)

Article 2(h)

Article 2(k)

Article 2(l)

Article 3

Article 4(1)

—

Article 4(2)

—

—

Article 5

Article 6

Article 7

Article 8

Article 9

—

Article 10

Article 11

Article 12

Article 13

—

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Directive 1999/29/EC

This Directive

—

—

Article 17

Article 18

Annex I

Annex II

Annex II

Annex IV

Article 14

Article 15

Article 16

Article 17

Annex I

—

—

Annex II

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 20 December 1999 the Commission submitted a proposal for a Directive of the European
Parliament and of the Council, based on Article 152 of the Treaty, on undesirable substances and
products in animal nutrition.

The European Parliament delivered its opinion at first reading on 4 October 2000. The Economic
and Social Committee delivered its opinion at its meeting in March 2000. The Committee of the
Regions was duly consulted but did not respond.

The Council adopted a Common Position at its meeting on 17 September 2001 in accordance with
the procedure laid down in Article 251 of the Treaty.

II. OBJECTIVES

The purpose of the proposal is to strengthen the rules governing animal feed by recasting Directive
1999/29/EC, strengthening the ban on raw materials containing undesirable substances in excess of
certain maximum levels.

In the first place, the proposal prohibits the practice of diluting raw materials containing levels of
undesirable substances in excess of the permitted maximum limits, which is still a major derogation
within those limits. It also puts an end to the present tolerance which allows the maximum limits to
be exceeded in special local circumstances in which animal feed is produced and used on the same
farm.

In addition, the proposal requires the Member States to open enquiries to determine the source of
contamination not only where the maximum limits have been exceeded but also where the
undesirable substance content reaches significant levels. Provision is also made for the determination
of ‘action thresholds’ in future in order to facilitate the application of this provision.

III. ANALYSIS OF THE COMMON POSITION

A.

GENERAL REMARKS

The Council’s Common Position is very much in line with the Commission proposal endorsed
by Parliament and takes account, in particular, of the essence of the amendments adopted at
first reading by Parliament.

The Council nevertheless considered it necessary to incorporate a number of specific
amendments in order to specify the scope of certain provisions and improve the legal clarity of
the Directive.

It also incorporated the following horizontal amendments:

— as it considered that the generic term ‘undesirable substances’ was sufficient to describe
the materials covered by the Directive, it deleted ‘products’ from the title, and replaced
‘animal nutrition’ by ‘animal feed’,

— in Annex I there is no longer a distinction between ‘substances’, ‘products’ and ‘botanical

impurities’,

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— in order to prevent any risk of confusion or ambiguity regarding the different types of
products, throughout the text the formulation ‘feed materials, feedingstuffs and feed
additives’ has been replaced by ‘products intended for animal feed’.

B.

SPECIFIC REMARKS

1.

Principal amendments made to the Commission proposal

(a) Water consumed by animals (recital 4)

The Council considered it necessary to specify that the rules applicable to animal
feed must also cover the quality and safety of water consumed by animals. An
additional recital states to that end that the issue of water to be considered as a
feedingstuff needs to be examined in the framework of the review of Directive
96/25/EC.

(b)

Scope of the Directive (Article 1)

In order to ensure that all the relevant legislation would continue to be applicable,
the provision intended to ensure the consistency of the Directive with other
Community provisions was extensively amended by the incorporation of an
exhaustive list of the legislative acts concerned.

(c) Definitions (Article 2)

In order to improve the legal clarity of the text, four new definitions were added to
Article 2: ‘undesirable substance’, ‘premixtures’, ‘products intended for animal feed’
and ‘putting into circulation’; one was deleted: ‘pet animals’ and the order of the
definitions was altered.

(d)

Putting into circulation (Article 3)

The provision intended to guarantee that animal feed is sound, genuine and of
merchantable quality is worded in a more precise fashion, and covers both imports
and the use of products within the Community.

The new formulation also provides that, when correctly used, animal feed must not
represent any danger to human health, animal health or to the environment and
must not negatively affect livestock production.

(e) Action thresholds (Article 4 and Annex II)

Under Article 4 of the Common Position, the Member States are required to carry
out investigations, in cooperation with operators, when the maximum levels of
undesirable substances are exceeded and when increased levels of such substances
are detected.

An additional provision was included in order to ensure that all relevant information
is transmitted to the Commission and the other Member States.

In addition, the Council introduced a new Annex II listing the action thresholds that
will trigger investigations if exceeded or even require the Member State concerned to
take measures. The action thresholds will be fixed by means of a committee
procedure.

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(f) Dilution (Article 5)

The wording of the provision prohibiting the dilution of products containing levels
of an undesirable substance that exceed the maximum level was reworded to make it
more explicit.

(g) Detoxification processes (Article 8)

Article 8 was reorganised so as to clarify the responsibilities which the Commission
must discharge in following the committee procedure, and to stipulate that the
acceptability criteria to be defined by the Commission will apply to decontamination
processes rather than to the products undergoing those processes.

A further paragraph was added, stating that measures must be taken to ensure the
correct application of detoxification processes and the conformity of the detoxified
products.

(h) Monitoring (Article 10)

Article 10, which made detailed provision for monitoring, was deleted in the light of
the amendments made by the new directive being adopted on the organisation of
official inspections in the field of animal nutrition. The text was replaced by a
provision laying down the procedure to be followed when measures that may affect
health or the environment are taken.

(i)

Refusal of entry (Article 13)

An additional clause was added in order to make more explicit the provision
concerning the return of contaminated products to third countries. It was stipulated
that products could be returned only after the competent authority of the exporting
country had been informed.

(j)

Implementation (Articles 14 and 15)

The dates laid down for the implementation of the directive (and for the repeal of
Directive 1999/29/EC) were amended in order to allow the Member States sufficient
time to take transposition measures and to apply them.

2.

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

The Council supported the Commission’s position, incorporating in its Common Position
amendments 3, 6 and 10, and not incorporating amendments 18, 27, 33, 35, 36 or 37.
In addition the Council adopted, in part or in principle, amendments 1, 2, 4, 5, 7, 8, 9,
11, 12, 13, 14, 17, 19, 21, 22, 23, 24, 25, 26, 28 and 32.

As regards the other amendments that it did not adopt, the Council took as its basis the
following considerations:

— the deletion of recital 15 from the Commission proposal and of the original

Article 10 meant that amendments 15, 29, 30, and 31 were to no purpose,

— it was not considered necessary to insert a definition of ‘consignment’ in Article 2 as

proposed by the Commission as the term did not appear in the Common Position,

— it was considered appropriate to lay down a period of 18 months for the Member
States’ transposition of the directive because of the magnitude of the measures
provided for (amendment 34).