2004/217/EC: Commission Decision of 1 March 2004 adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited (Text with EEA relevance) (notified under document number C(2004) 583)
Date: 2004-03-01
Institutions: European Commission
Subjects: animal nutrition, food safety, foodstuffs legislation, plastics

5.3.2004

EN

Official Journal of the European Union

L 67/31

adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited

COMMISSION DECISION

of 1 March 2004

(notified under document number C(2004) 583)

(Text with EEA relevance)

(2004/217/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 96/25/EC of 29 April 1996
on the circulation and use of feed materials, amending Direc-
tives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and
repealing Directive 77/101/EEC (1),and in particular Article
11(b) thereof,

Whereas:

ingredients whose use

By Commission Decision 91/516/EEC (2) a list was estab-
lished of
is prohibited in
compound feedingstuffs,
in accordance with Council
Directive 79/373/EEC of 2 April 1979 on the circulation
of compound feedingstuffs (3). The prohibition laid down
in that Decision does not cover the circulation of such
ingredients as feedingstuffs or the direct use of them as
feedingstuffs. That list of ingredients has been amended
several times.

Directive 2000/16/EC of the European Parliament and of
the Council (4) provided that a list of materials whose
circulation or use as feed materials is prohibited should
be drawn up on the basis of Directive 96/25/EC to
replace Decision 91/516/EEC, so that the scope of the
prohibitions is general and applies both to the use of the
feed materials as such as well as to their use in
compound feedingstuffs.

prevention, control and eradication of certain transmis-
sible spongiform encephalopaties (5) and Regulation (EC)
No 1774/2002 of the European Parliament and of the
Council of 3 October 2002 laying down health rules
concerning animal by-products not intended for human
consumption (6). Therefore, those restrictions or prohibi-
tions should not be repeated in the list of materials
whose circulation or use for animal nutrition purposes is
prohibited.

(5)

(6)

In the interest of clarity of Community legislation, Deci-
sion 91/516/EEC should be repealed and replaced by
this Decision.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply without prejudice to Regulations (EC)
No 999/2001 of the European Parliament and of the Council
and (EC) No 1774/2002.

Article 2

The circulation or use for animal nutrition purposes of the
materials listed in the Annex shall be prohibited.

Therefore,
in order to ensure the compliance of feed
materials with the safety requirements laid down in
Article 3 of Directive 96/25/EC, such a list has been
drawn up, which aims to replace the list established by
Decision 91/516/EEC.

Article 3

Decision 91/516/EEC is repealed.

Some restrictions or prohibitions are already laid down
in Community legislation, in particular Regulation (EC)
No 999/2001 of the European Parliament and of the
Council of 22 May 2001 laying down the rules for the

(1) OJ L 125, 23.5.1996, p. 35; Directive as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ 281, 9.10.1991, p. 23; Decision as last amended by Decision

2000/285/EC (OJ L 94, 14.4.2000, p. 43).

(3) OJ L 86, 6.4.1979, p. 30; Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(4) OJ L 105, 3.5.2000, p. 36.

References to the repealed Decision shall be construed as refer-
ences to this Decision.

Article 4

This Decision shall apply from 25 March 2004.

(5) OJ L 147, 31.5.2001, p. 1; Regulation as last amended by Commis-
sion Regulation (EC) No 2245/2003 (OJ L 333, 20.12.2003, p. 28.
(6) OJ L 273, 10.10.2002, p. 1; Regulation as last amended by
Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003,
p.1).

(1)

(2)

(3)

(4)

L 67/32

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Official Journal of the European Union

5.3.2004

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 1 March 2004.

For the Commission

David BYRNE

Member of the Commission

5.3.2004

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Official Journal of the European Union

L 67/33

ANNEX

List of materials whose circulation or use for animal nutrition purposes is prohibited

The circulation or use for animal nutrition purposes of the following materials is prohibited.

1. Faeces, urine as well as separated digestive tract content resulting from the emptying or removal of digestive tract,

irrespective of any form of treatment or admixture.

2. Hide treated with tanning substances, including its waste.

3. Seeds and other plant propagating materials which, after harvest, have undergone specific treatment with plant

protection products for their intended use (propagation), and any derived by-products.

4. Wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as

defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council (1).

5. All wastes obtained from the various phases of the urban, domestic and industrial waste water as defined in Article 2
of Council Directive 91/271/EEC (2) treatment process, irrespective of any further processing of these wastes and irre-
spective also of the origin of the waste waters (3).

6. Solid urban waste (4), such as household waste.

7. The packaging and parts of packaging from the use of products from the agri-food industry.

(1) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on

the market (OJ L 123, 24.4.1998, p. 1).

(2) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).
(3) The term ‘waste water’ does not refer to ‘process water’, i.e. water from independent conduits integrated in food or feed industries;
where these conduits are supplied with water, no water may be used for animal nutrition unless it is wholesome and clean water as
specified in Article 4 of Council Directive 98/83/EC of 3 November 1998 concerning the quality of water intended for human
consumption. In the case of fish industries, the conduits concerned may be also supplied with clean seawater as defined in Article 2 of
Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market
of fishery products. Process water may not be used for animal nutrition unless it carries feed or food material and is technically free
from cleaning agents, disinfectants or other substances not authorised by the animal nutrition legislation.
(4) The term ‘solid urban waste’ does not refer to catering waste as defined by Regulation (EC) No 1774/2002.