Directive 2002/2/EC of the European Parliament and of the Council of 28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and repealing Commission Directive 91/357/EEC
Date: 2002-01-28
Institutions: Council of the European Union, European Parliament
Subjects: animal nutrition, consumer information, food industry, labelling, marketing

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Official Journal of the European Communities

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DIRECTIVE 2002/2/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 28 January 2002

amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and
repealing Commission Directive 91/357/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

as their amount in compound feedingstuffs for produc-
tion animals.

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

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

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), and in the light of the joint text approved
by the Conciliation Committee on 20 November 2001,

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Directive 79/373/EEC (4) lays down rules for the
compound feedingstuffs within the
circulation of
Community.

regards

labelling,

As
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 use of feedingstuffs.

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

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

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

(6)

Accordingly, it is appropriate, at this stage, to impose a
compulsory declaration for all the feed materials as well

(1) OJ C 120 E, 24.4.2001, p. 178.
(2) OJ C 140, 18.5.2000, p. 12.
(3) Opinion of the European Parliament of 4 October 2000 (OJ C 178,
22.6.2001, p. 177), Council Common Position of 19 December
2000 (OJ C 36, 2.2.2001, p. 35), and Decision of the European
Parliament of 5 April 2001 (not yet published in the Official
Journal). Decision of
the European Parliament of 11 December
2001 and Decision of the Council of 19 December 2001.

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

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

(7)

(8)

(9)

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

The declaration of the feed materials in feedingstuffs
constitutes, in certain cases, an important item of infor-
mation for stock farmers. It is therefore appropriate that
the person responsible for
the
customers' request, a detailed list of all the feed materials
used and their exact percentages by weight.

labelling supply, at

It is also important to see to it that the accuracy of the
declarations made can be officially verified at all stages
of the circulation of the feedingstuffs.
It is therefore
appropriate that, in accordance with Council Directive
95/53/EC of 25 October 1995 fixing the principles
governing the organisation of official inspections in the
field of animal nutrition (5), the competent authorities
monitor the accuracy of the information given by the
labelling of compound feedingstuffs and that, in order to
ensure the effectiveness of such monitoring, the manu-
facturers of compound feedingstuffs be obliged to make
available to the competent authorities any document
concerning the composition of feedingstuffs intended to
be put into circulation.

(10) On the basis of a feasibility study, the Commission will
submit a report to the European Parliament and the
Council by 31 December 2002, accompanied by an
appropriate proposal for the establishment of a positive
list, taking account of the conclusions of the report.

(11)

(12)

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

Since it will no longer be possible in the future to
declare categories of feed materials instead of declaring
the feed materials themselves in the case of compound
feedingstuffs
for production animals, Commission
Directive 91/357/EEC of 13 June 1991 laying down the
categories of feed materials which may be used for the
for
purposes of
animals other than pet animals (6) should be repealed,

labelling compound feedingstuffs

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

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

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

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

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Official Journal of the European Communities

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HAVE ADOPTED THIS DIRECTIVE:

belongs, with reference to the categories grouping several
feed materials established in accordance with Article 10(a).

Article 1

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

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

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

‘(j) the batch reference number;’

(b) the following point shall be added:

‘(k) in the case of compound feedingstuffs other than
those intended for pets, the indication “the exact
percentages by weight of feed materials used in this
feedingstuff may be obtained from: …” (name or
trade name, address or registered office, telephone
number and e-mail address of the person respon-
sible for the particulars referred to in this para-
graph). This information shall be provided at the
customer's request.’;

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

(a) point (c) shall be deleted;

(b) point (g) shall be deleted;

3.

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

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

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

‘Article 5c

All feed materials used in the compound feedingstuff

1.
shall be listed by their specific names.

The listing of feed materials for feedingstuffs shall be

2.
subject to the following rules:

(a) compound feedingstuffs intended for animals other than

pets:

(i) listing of feed materials for feedingstuffs with an
indication, in descending order, of the percentages
by weight present in the compound feedingstuff;

(ii) as regards the above percentages, a tolerance of
± 15 % of the declared value shall be permitted;

(b) compound feedingstuffs intended for pets: listing of feed
materials for feedingstuffs either indicating the amount
contained or naming them in descending order by
weight.

3.
In the case of compound feedingstuffs intended for
pets, the indication of the specific name of the feed material
the
for feedingstuffs may be replaced by the name of
feedingstuffs
category to which the feed material

for

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

the feed material

in that case,

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

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

‘They shall stipulate that the manufacturers of compound
feedingstuffs are obliged to make available to the authorities
responsible for carrying out official inspections, on request,
any document concerning the composition of feedingstuffs
intended to be put into circulation which enables the accu-
racy of the information given by the labelling to be veri-
fied.’;

6. the following Article shall be inserted:

‘Article 15a

At the latest on 6 November 2006, the Commission shall
submit a report
to the European Parliament and the
Council, on the basis of the information received from
Member States, on the implementation of the measures
introduced by Article 5(1)(j) and (l), and (5)(d) and Article 5c
and the second subparagraph of Article 12, particularly as
regards
in the form of
percentage by weight, of feed materials on the labelling of
compound feedingstuffs, including the permitted tolerance,
accompanied by any proposals designed to improve these
measures.’

the indication of quantities,

Article 2

Commission Directive 91/357/EEC shall be repealed as from 6
November 2003.

Article 3

1. Member States shall adopt and publish not later than 6
March 2003, the laws, regulations and administrative provi-
sions necessary to comply with this Directive. They shall forth-
with inform the Commission thereof.

They shall apply these measures as from 6 November 2003.

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When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 28 January 2002.

Article 4

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

For the European Parliament

For the Council

The President

P. COX

The President

J. PIQUÉ I CAMPS