Decision No 623/2007/EC of the European Parliament and of the Council of 23 May 2007 amending Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs
Date: 2007-05-23
Institutions: Council of the European Union, European Parliament
Subjects: animal nutrition, labelling, manufactured feedingstuffs, marketing, raw material

14.6.2007

EN

Official Journal of the European Union

L 154/23

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE
COUNCIL

DECISION No 623/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 May 2007

amending Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of
compound feedingstuffs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

The Court of Justice of the European Communities, in its
judgment of 6 December 2005 in Joined Cases C-453/03,
C-11/04, C-12/04 and C-194/04 (5), declared Arti-
cle 1(1)(b) of Directive 2002/2/EC invalid, in the light of
the principle of proportionality.

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

Having regard to the proposal from the Commission,

(3) Article 233 of the Treaty requires the institutions whose act
has been declared void to take the necessary measures to
comply with the judgment of the Court of Justice.

Having regard to the opinion of the European Economic and
Social Committee (1),

(4)

The objective of ensuring feed safety is achieved, inter alia,
through implementation of the provisions of Regulations
(EC) No 178/2002 of the European Parliament and of the
Council (6) and (EC) No 183/2005 of
the European
Parliament and of the Council (7).

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

(5) A number of court rulings in the Member States have led to
Directive 2002/2/EC being implemented differently and
unevenly and various cases relating to it are currently
pending before the respective national courts.

Whereas:

(1) Article 1(1)(b) of Directive 2002/2/EC of the European
the Council (3), amended Council
Parliament and of
Directive 79/373/EEC of 2 April 1979 on the circulation
of compound feedingstuffs (4). That provision added a point
to Article 5(1) of Directive 79/373/EEC, requiring manu-
facturers of compound animal feedingstuffs to indicate, at
the exact composition of a
the customer's
feedingstuff.

request,

(1) OJ C 324, 30.12.2006, p. 34.
(2) Opinion of the European Parliament of 12 December 2006, (not yet
published in the Official Journal) and Council Decision of 16 April
2007.

(3) 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 (OJ L 63, 6.3.2002, p. 23).

(4) 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).

(6)

The European Parliament and the Council are not at present
making more far-reaching amendments to the basic legal
act, since the Commission has promised, as part of a
simplification programme,
to draw up by mid-2007
proposals to overhaul feed legislation. They anticipate that
the issue of the so-called ‘open declaration’ of ingredients
will be fully reviewed in this context, and expect new
proposals from the Commission taking account of both the
interest of farmers in being provided with precise, detailed
information on the feed materials contained in feedingstuffs
and the interest of the industry in ensuring that business
secrets are adequately protected.

(5) ABNA and Others ECR [2005] I-10423.
(6) Regulation (EC) No 178/2002 of the European Parliament and of the
Council of 28 January 2002 laying down the general principles and
requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (OJ
L 31, 1.2.2002, p. 1). Regulation as last amended by Commission
Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(7) Regulation (EC) No 183/2005 of the European Parliament and of the
Council of 12 January 2005 laying down technical requirements for
feed hygiene (OJ L 35, 8.2.2005, p. 1).

L 154/24

EN

Official Journal of the European Union

14.6.2007

(7)

The second subparagraph of Article 12 of Directive 79/
373/EEC, inserted by Article 1(5) of Directive 2002/2/EC,
provides for an obligation on manufacturers of compound
feedingstuffs to make available to the authorities respon-
sible for carrying out official inspections, on request, any
feedingstuffs
document concerning the composition of
intended to be put
into circulation which enables the
accuracy of the information given by the labelling to be
verified.

(8) Directive 2002/2/EC should therefore be amended,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 2002/2/EC is amended as follows:

1.

2.

Article 1(1)(b) shall be deleted;

in Article 1(6), the text of Article 15a of Directive 79/373/
EEC shall be replaced by the following:

Council, on the basis of the information received from
Member States, on the implementation of the measures
introduced by Article 5(1)(j) 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

This Decision shall enter into force on the day following its
publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 23 May 2007.

‘Article 15a

At the latest on 6 November 2006, the Commission shall
to the European Parliament and the
submit a report

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

G. GLOSER