CELEX: 51988PC0303
Language: en
Date: 1988-05-27
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 79/373/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS

No C 178/4                              Official Journal of the European Communities                                      7. 7. 88
                                                                 II
                                                          (Preparatory Acts)
                                                    COMMISION
             Proposal for a Council Directive amending Directive 79/373/EEC on the marketing of
                                                      compound feedingstuffs
                                                        COM(88) 303 final
                                        (Submitted by the Commission on 1 June 1988)
                                                           (88/C 178/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas, as regards labelling, the purpose of Directive
                                                                      79/373/EEC is to ensure that stock farmers are
                                                                      informed objectively and as accurately as possible as to
Having regard to the Treaty establishing the European                 the composition and use of the animal feed; whereas it is
Economic Community, and in particular Article 43                      important to ensure that the accuracy of the statements
thereof,                                                              made can be officially verified, in accordance with the
                                                                      relevant provisions laid down in the Directive, at all
                                                                      stages of marketing of the feed;
Having regard to the proposal from the Commission,
Having regard       to   the  opinion    of   the    European         Whereas the declaration of the ingredients in the animal
Parliament,                                                           feed constitutes, in some cases, an important item of
                                                                      information for stock farmers;
Having regard to the opinion of the Economic and
Social Committee,                                                     Whereas the quantitative determination of the ingre-
                                                                      dients in feed for productive stock raises at the present
                                                                      time, as regards verification, difficulties which — in
Whereas Directive 79/373/EEC ('), as last amended by                  certain cases — are practically insoluble, mainly because
Directive 87/235/EEC (2), lays down rules for the                     of the nature of the products used, of the complexity of
marketing of compound feedingstuffs within the                        the mixtures made or of the manufacturing methods
Community;                                                            adopted;
Whereas under present Community legislation, Member
                                                                      Whereas, accordingly, it is appropriate — at this stage
States may, in certain cases, waive the Community rules,
                                                                      — to prefer, at least for feed for productive stock, a
particularly as regards labelling and the choice of ingre-
                                                                      flexible declaration arrangement confined to the indi-
dients;
                                                                      cation of the feed ingredients without stating their
                                                                      quantity; whereas the possibility must also be retained of
Whereas, with a view to the completion of the internal                creating categories making it possible to group under a
market, all national derogations liable to further inhibit            single name several ingredients derived from the same
freedom of movement of compound feedingstuffs or                      basic product;
creating unequal conditions of competition should be
eliminated;
                                                                      Whereas special provisions are needed for the labelling
                                                                      of feedingstuffs for pets to allow for the special character
Whereas the most appropriate method of eliminating all                of this kind of feed;
present disparities relating to labelling rules is to fix — at
Community level — a list of declarations which, in each
case, must or may be given on a voluntary basis by the                Whereas producers of compound feedingstuffs must be
person responsible for labelling;                                     free to provide the stock farmer with information other
                                                                      than that specifically laid down in the Directive, but
                                                                      provision of such additional information should be made
                                                                      subject to certain conditions or restrictions to ensure fair
0) OJ No L 86, 6. 4. 1979, p. 30.                                     competition between producers and to ensure that such
O OJ No L 102, 14. 4. 1987, p. 34.                                    information is objective;
 ---pagebreak--- 7. 7. 88                                Official Journal of the European Communities                               No C 178/5
Whereas Directive 79/373/EEC now enables Member                       (b) the species or category of animal for which the
States to require that compound feedingstuffs be manu-                     compound feedingstuff is intended;
factured on the basis of specified ingredients or be free
of certain ingredients; whereas the obstacles resulting               (c) the purpose for which the feedingstuff               is
from such limitations must be eliminated by providing                      intended;
for the establishment, at Community level, of a list of
ingredients use of which must be prohibited in order to               (d) directions for the proper use of the feedingstuff,
protect animal or human health;                                            if this is not clear from the particulars referred to
                                                                           in (b) and (c);
Whereas the establishment of a list of ingredients, use of            (e) for all compound feedingstuffs except those
which must be prohibited in the future is a scientific                     intended for pets other than dogs and cats: the
measure; whereas, to facilitate adoption of such a                         ingredients to be declared in accordance with
measure, the procedure introducing close cooperation                       Article 5c;
between the Member States within the Standing
Committee for Feedingstuffs should be followed,                       (f) where appropriate, the declarations of the
                                                                           analytical constituents in the cases provided for
                                                                           in Part A of the Annex;
HAS ADOPTED THIS DIRECTIVE:                                           (g) the declarations provided for in Part B of the
                                                                           Annex in accordance with columns 1, 2 and 3;
                            Article 1                                 (h) the name or business name and the address or
Directive 79/373/EEC is hereby amended as follows:                         registered place of business of the person
                                                                           responsible for the particulars referred to in this
                                                                           paragraph;
  1. The following point is added to Article 1 (2):
                                                                      (i) the net quantity expressed in units of mass in the
                                                                           case of solid products, or in units of mass or
     '(g) the approximation of the laws of the Member                      volume in the case of liquid products;
           States relating to the making up, by weight or
           by volume, of certain prepackaged products.'               (j) the minimum storage life, to be indicated in
                                                                           accordance with Article 5d (1);
  2. The following point is added to Article 2:                       (k) the date of manufacture, to be indicated in
                                                                           accordance with Article 5d (2).
     '(1) the minimum storage life of a compound feed-                2. Member States shall prescribe that compound
           ingstuff: the date until which, under proper               feedingstuffs, when marketed in tankers or similar
           storage conditions, the feedingstuff retains its           vehicles or in accordance with Article 4 (2), shall be
           specific properties.'                                      accompanied by a document containing the
                                                                      particulars referred to in paragraph 1. For small
                                                                      quantities of feedingstuffs intended for the final user,
  3. Article 5 is replaced by the following:                          these particulars may be brought to the purchaser's
                                                                      attention by means of an appropriate notice at the
                                                                      point of sale.
      'Article 5
                                                                       3. Member States shall prescribe that the
                                                                      following particulars only may be put on the
      1. Member States shall prescribe that compound
                                                                      package, container, label or accompanying
     feedingstuffs may be marketed only if the particulars
                                                                       document of compound feedingstuffs, in conjunction
     listed below, which shall be clearly visible, legible
                                                                      with the particulars listed in paragraph 1:
     and indelible and for which the producer, packer,
     importer, seller or distributor established within the
                                                                       (a) the identification mark or trade mark of the
     Community shall be held responsible, are shown, in
                                                                           person responsible for the labelling particulars;
     a space provided for that purpose, on the packaging,
     on the container or on a label attached thereto:
                                                                       (b) the batch number;
      (a) the     description     "complete     feedingstuff",         (c) the country of production or manufacture;
          "complementary feedingstuff", "mineral feed-
          ingstuff, "molassed feedingstuff", "complete                 (d) the price of the product;
          milk replacer feed" or "complementary milk
          replacer feed", as appropriate;                              (e) the description or trade name of the product;
 ---pagebreak--- ^oClB^                                 Official Journal of the European Communities                                   B . B ^
  ^f) for compound feedingstuffs intended for pets                    D, r^or compound feedingstuffs for pets, the
      otherthandogsandcats^theingredientstobe                         description in English ^compound feedingstuffs
      declared in accordance with A r t i c l e d                     ^complementary feedingstuffs and^completefeed
                                                                      ingstuff^ may be replaced by the description
                                                                      ^compound pet food , ^complementary pet food^
  ^   where appropriate, particulars relating to the                  and ^complete pet food^respectivelyB
      provisions of Article l ^ a ^
  ^   an indication of the physical condition of the               ^, Articles ^aund^b are hereby deleted,
      feedingstuff or the specific processing it has
      undergone^                                                   ^, The following Articles are inserted^
  ^   where appropriate, the declarations of the
      analyticalconstituentsinthe cases providedfor
      inPartAoftheAnne^
                                                                      L ^hereadeclaration of the ingredients is given,
                                                                      all the ingredients must be mentioned,
  ^   the declarations provided for in Part B of the
      Anne^o in accordance with c o l u m n s l , ^ a n d ^           ^, The listing of ingredients shall be subject to the
                                                                      following rules^
  ^, member states may,for feedingstuffs produced
  and marketed on their territories^                                  ^    compound feedingstuffs intended for animals
                                                                           other than pets^ listing of ingredients in
                                                                           descending order by weights
  ^   permit the particulars specified in Article
      ^CD ^ t o ^ f ) a n d ^ t o b e s h o w n o n l y i n a n       d^ compound feedingstuffs intended for petsiisting
      accompanying documents                                               of ingredients either indicating the amount
                                                                           contained or naming them in descendingorder
  ^   prescribe an official code number enabling the                       byweight,
      manufacturer to be identified where the latter is
      not responsible for the labelling particulars'                  o. The ingredients shall be described by their
                                                                      specific names^ however, categories grouping several
                                                                      ingredients may be established in accordance with
  ^,    member states shall prescribe that^                           Article 10^b^ in this case, the indication of the
                                                                      specific name of theingredient may bereplacedby
  ^   in the case of compound feedingstuffs containing                the name of the category to which the ingredient
      no more than three ingredients, the particulars                 belongs,
      referred to in paragraph 1 ^ , ^ and, where
      appropriate,^shall not be required where the                    U s e o f o n e o f these twoformsofdeclarationshall
      ingredients used appear clearly in the                          exclude use of the other, save where one of the
      description,                                                    ingredients used belongs to none of the categories
                                                                      which have been defined^ in that case, the
                                                                      ingredient,designated by its specific name, shall be
  ^   in the case of whole grain mnoes, the provisions                mentioned inorder of importanceasrelatedtothe
      referredtoin paragraph t ^ , ^ a n d ^ and                      categories,
      paragraph^^and^shallnotapply^
                                                                      ^t, ^here no measure has been adopted under
  ^   the descriptions ^complete feedingstuffs or                     Article 1 0 ^ , member states may retain the
      ^complementary feedingstuffs in respect of feed^                ingredient categories they have determined and
      ingstuffs intended for pets other than dogs or                  allow the indication of the ingredients to be replaced
      cats may be replaced by the description                         by that of the categories,
      ^compound feedingstuffs In this case, the
      declarations required or allowed shall be those
      laid down for complete feedingstuffs^                           ^, The labelling of compound feedingstuffs for
                                                                      pets may also draw attention to the presence or low
                                                                      content of one or more ingredients which are
  ^   the minimum storage life may be marked outside                  essential aspects of the nature of the feedingstuff. In
      the space reserved for the labelling particulars                snch a case, the minimnm or maximum content,
      referred to in paragraph 1^ in this case, the                   expressed in term, of percentage byweight of the
      expression ^minimum storage life^ shall be                      ingredients incorporated, must be clearly indicated
      accompanied by an indication as to where the                    either opposite the statement drawing special
      relevant date appears.                                          attention to it or them or in the list of ingredients or
 ---pagebreak--- 7. 7. 88                                    Official Journal of the European Communities                                    No C 178/7
     by mentioning it or them and the percentage (s) by                        — must not mislead the purchaser, in particular by
    weight concerned opposite the corresponding                                     attributing to the feedingstuff effects or proper-
     category of ingredients.                                                       ties that is does not possess or by suggesting that
                                                                                    it possesses special characteristics when in fact all
     'Article 5d                                                                    similar feedingstuffs possess such characteristics;
                                                                               — must not claim that the feedingstuff will prevent,
     1.    The minimum storage life shall be given by the                           treat or cure a disease;
    following indications:
                                                                               — must relate to objective or quantifiable factors
    — "use before               " followed by the date (day,                        which can be substantiated;
         month and year) in the case of highly perishable                      — must be clearly separated from all the particulars
         feedingstuffs,                                                             specified in Article 5.'
    — "best before              " followed by the date (day,
                                                                            6. Article 6 is replaced by the following:
         month and year) in the case of other feeding-
         stuffs.                                                                Article 6
    Where other Community provisions concerning                                Member States shall prescribe that the general
    compound feedingstuffs require indication of a                             provisions contained in Part A of the Annex shall
    minimum storage life, only the earliest date shall be                      apply when compound feedingstuffs are marketed.'
    indicated.
                                                                            7. Articles 7 and 8 are repealed.
    2.     The date of manufacture shall be expressed as
    follows:                                                                8. In Article 10:
                                                                               (a) point (b) is replaced by the following:
    "manufactured 'x' days, months, or years before the
    minimum storage life expiry date indicated".                                    '(b) categories grouping several ingredients may
                                                                                          be established;'
    Where Article 5 (5) (d) is applied, the abovemen-                          (b) the following point is added:
    tioned entry shall be followed by an indication as to
                                                                                    '(d) a list of ingredients, the use of which is
    where that storage life is indicated/
                                                                                          prohibited in compound feedingstuffs, may
                                                                                          be established for public or animal health
    Article 5e                                                                            reasons.'
    The person responsible for the labelling particulars                    9. Article 11 is replaced by the following:
    of a compound feedingstuff may provide information
    in addition to that required under this Directive.                          Article 11
    However, such information:                                                 For the purposes of marketing, between the Member
                                                                               States, the particulars referred to in Article 5 shall be
    — may not be designed to indicate the presence or                          written in at least one of the national or official
         content of analytical constituents other than                         languages of the country of destination.'
         those the declaration of which is provided for in
        Article 5;                                       '                10. The Annex is replaced by the following:
                                                                  'ANNEX
                                                                 PART A.
                                                            General provisions
               1. The levels indicated or to be declared relate to the weight of the compound feedingstuff as such, unless
                  otherwise stated.
               2. The iron level in milk replacer feeds for calves of a live weight less than or equal to 70 kilograms must
                  be at least 30 milligrams per kilogram of the complete feedingstuff at a moisture content of 12 %.
 ---pagebreak--- No C 178/8                               Official Journal of the European Communities                                 7. 7. 88
           3. The level of ash insoluble in hydrochloric acid shall not exceed 3,3 % of the dry matter in the case of
               compound feedingstuffs composed mainly of rice by-products and 2,2 % of the dry matter in other
               cases.
               However, that level may be exceeded in the case of:
              — compound feedingstuffs containing authorized mineral binding agents,
              — mineral compound feedingstuffs, and
              — compound feedingstuffs containing more than 50 % of sugar beet chips or sugar beet pulp,
               provided that the level is declared as a percentage of the feedingstuff as such.
               In the case of compound feedingstuffs with a level of ash insoluble in hydrochloric acid not exceeding
              the limits stated in the paragraphs above, that level may also be declared.
           4. The feedingstuffs moisture content must be stated if it exceeds:
              — 7 % in the case of milk replacer feeds and other compound feedingstuffs with a milk-product
                   content exceeding 40 °/o.
              — 5 % in the case of mineral feedingstuffs containing no organic substances,
              — 10 % in the case of mineral feedingstuffs containing organic substances,
              — 14 % in the case of other compound feedingstuffs.
              In the case of compound feedingstuffs with a moisture content not exceeding the limits stated in the
              paragraphs above, that content may also be declared.
           5. Where, on official inspection pursuant to Article 12, the composition of a compound feedingstuff other
              than for dogs and cats is found to depart from the declared composition, the following minimum
              tolerances shall be permitted, subject to Article 3:
               5.1. Where the content recorded is less than the declared content ('):
                    5.1.1. Crude protein:
                           — 2 units for declared contents of 20 % or more,
                           — 10 % of the declared content for declared contents of less than 20 % but not less than
                               10 %.
                           — 1 unit for declared contents of less than 10 %.
                    5.1.2. Total sugar:
                           — 2 units for declared contents of 20 % or more,
                           — 10 % of the declared content for declared contents of less than 20 % but not less than
                               10 %,
                           — 1 unit for declared contents of less than 10 %.
                    5.1.3. Starch and total sugar plus starch:
                           — 2,5 units for declared contents of 25 % or more,
                           — 10 % of the declared content for declared contents of less than 2,5 % but not less than
                               10 %,
                           — 1 unit for declared contents of less than 10 %.
           (') Tolerances for potassium, threonine and tryptophan to be included.
                German suggestion: potassium = sodium and magnesium
                                      threonine = methionine and lysine
                                      tryptophan = cystine
 ---pagebreak--- 7. 7. 88                          Official Journal of the European Communities                                   No C 178/9
              5.1.4. Crude oils and fats:
                     — 1,5 units for declared contents of 15 % or more,
                     — 10 % of the declared content for declared contents of less than 15 % but not less than
                        8%,
                     — 0,8 unit for declared contents of less than 8 %.
              5.1.5. Sodium, potassium and magnesium:
                     — 1,5 units for declared contents of 15 % or more,
                     — 10 % of the declared content for declared contents of less than 15 % but not less than
                        7,5 % ,
                     — 0,75 unit for declared contents of less than 7,5 % but not less than 5 % ,
                     — 15 % of the declared content for declared contents of less than 5 % but not less than
                        0,7 % ,
                     — 0,1 unit for declared contents of less than 0,7 % .
              5.1.6. Total phosphorus and calcium:
                     — 1,2 units for declared contents of 16 % or more,
                     — 7,5 °/o of the declared content for declared contents of less than 16 % but not less than
                        12 % ,
                     — 0,9 unit for declared contents of less than 12 % but not less than 6 % ,
                     — 15 % of the declared content for declared contents of less than 6 % but not less than
                        1%,
                     — 0,15 unit for declared contents of less than 1 %.
              5.1.7. Methionine, lysine and threonine:
                     15 % of the declared content.
              5.1.8. Cystine and tryptophan:
                     20 % of the declared content.
         5.2. Where the content recorded is more than the declared content:
              5.2.1. Moisture:
                     — 1 unit for declared contents of 10 % or more,
                     — 10 % of the declared content for declared contents of less than 10 % but not less than
                        5%,
                     — 0,5 unit for declared contents of less than 5 % .
              5.2.2. Crude ash:
                     — 1 unit for declared contents of 10 % or more,
                     — 10 % of the declared content for declared contents of less than 10 % but not less than
                        5%,
                     — 0,5 unit for declared contents of less than 5 %.
              5.2.3. Crude fibre:
                     — 1,8 units for declared contents of 12 % or more,
                     — 15 % of the declared content for declared contents of less than 12 % but not less than
                        6 %,
                     — 0,9 unit for declared contents of less than 6 %.
              5.2.4. Ash insoluble in hydrochloric acid:
                     — 1 unit for declared contents of 10 % or more,
                     — 10 % of the declared content for declared contents of less than 10 % but not less than
                         4%,
                     — 0,4 unit for declared contents of less than 4 %.
 ---pagebreak--- N o C 178/10                             Official Journal of the European Communities                                   7. 7. 88
              5.3. Where the variation noted is in the opposite direction to those referred to respectively in 5.1 and
                   5.2:
                   5.3.1. — crude protein, crude oils and fats, total sugar, starch: tolerance twice that permitted for
                              these substances in 5.1,
                          — total phosphorus, calcium, magnesium, sodium, crude ash, crude fibre: tolerance three
                              times that permitted for those substances in 5.1 and 5.2.
           6. Where, on official inspection pursuant to Article 12, the composition of a compound feedingstuff for
              dogs and cats is found to depart from the declared composition, the following minimum tolerances shall
              be permitted, subject to Article 3:
              6.1. Where the content recorded is less than the declared content:
                   6.1.1. Crude protein:
                          — 3,2 units for declared contents of 20 % or more,
                          — 16 % of the declared content for declared contents of less than 20 % but not less than
                              12,5 %,
                   6.1.2. Crude oils and fats:
                          2,5 units of the declared content.
              6.2. Where the content recorded is more than the declared content:
                   6.2.1. Moisture:
                          — 3 units for declared contents of 40 % or more,
                          — 7,5 % of the declared content for declared contents of less than 40 % but not less than
                              20 %,
                          — 1,5 units for declared contents of less than 20 %;
                   6.2.2. Crude ash:
                          1,5 units of the declared content;
                   6.2.3. Crude fibre:
                          1 unit of the declared content;
              6.3. Where the variation noted is in the opposite direction to those referred to respectively in 6.1 and
                   6.2:
                   6.3.1. Crude protein:
                          tolerance twice that permitted for that substance in 6.1.1;
                   6.3.2. Crude oils and fats:
                          identical tolerance to that permitted for that substance in 6.1.2;
                   6.3.3. Crude ash, crude fibre:
                          tolerance three times that permitted for those substances in 6.2.2 and 6.2.3.'
 ---pagebreak--- 7. 7. 88                        Official Journal of the European Communities                                        No C 178/11
                                                        PARTB
                                          Declaration of analytical constituents
                                                                         Species or category of animal
               Fecdingstuffs   Analytical constituents
                                     and levels             Compulsory declarations COptional declarations according
                                                         recording to Article 5(1) at (g) to Article 5 (3) at 0)
                    0)                   (2)                          (3)                             (4)
          Complete           — Crude   protein
         fiedingstuffi                                      All animal species or
                             — Crude   oils and fats        categories except pet           Pet species other than
                             — Crude    fibre               species other than dogs         dogs or cats
                                                            or cats
                             — Crude   ash
                             — Lysine                       — pigs                          — Animal species other
                                                                                                than pigs
                             — Methionine                   — poultry                       — Animal species other
                                                                                                than poultry
                             — Cystine
                                                                                            All animal species or
                             — Threonine                    —                               categories
                             — Trytophan
                             — Energy value                                                 — Poultry (calculated
                                                                                                accorcling to EEC
                                                                                                method)
                                                                                            — pigs & ruminants
                                                                                                (calculated according
                                                                                                to national official
                                                                                                methods)
                             — Starch                       —
                             — Total sugar (as              —
                               sucrose)
                             — Total sugar plus
                               starch
                                                                                            All animal species or
                             — Calcium                      —                               categories
                             — Sodium
                             — Phosphorus                   —
                             — Magnesium                    —
                             — Potassium
           Complementary
          feddtngstuffi
           — Mineral         —  Crude   protein             —
                             — Crude    fibre               —                               All animal species or
                             —  Crude   ash                 —                               categories
                             —  Crude   oils and fats       —
                             — Lysine                       —                               Pigs
                             — Calcium
                                                            All animal species or
                             — Phosphorus                    categories
                             — Sodium
                             — Magnesium                     Ruminants                      Animal species other
                                                                                            than ruminants
                             — Potassium                                                    All animal species or
                                                                                            categories
 ---pagebreak--- No C 178/12                     Official Journal of the European Communities                                              7. 7. 88
                                                                        Species or category of animal
               Fccdingstuffs   Analytical constituents
                                     and levels           Compulsory declarations (Optional declarations according
                                                       according to Article 5(1) at (g)      to Article 5 (3) at (j)
                    (1)                  (2)                         (3)                               (4)
           Complementary
          Jeedtngstuffs
          — Molassed         — Crude protein
                             — Crude fibre
                                                          All animal species or
                             — Total sugar (as            categories
                               sucrose)
                             — Crude ash
                             — Crude oils and fats        —
                             — Calcium
                             — Phosphorus                                                 All animal species or
                                                          —                                categories
                             — Sodium
                             — Potassium                  —
                             — Magnesium > 0,5 %          — Ruminants                     Animal species           other
                                                                                           than ruminants
                                              < 0,5%                                      All animal species or
                                                                                           categories
           Complementary
          Jeedtngstuffs
          — Other            — Crude   protein
                             — Crude   oils and fats      All animal species or            Pet species other than
                                                          categories other than            dogs and cats
                             — Crude    fibre             dogs and cats
                             — Crude   ash
                             — Calcium        > 5%        Animal species other
                                                          than pets
                                              < 5%        —                                Animal species          other
                                                                                           than pets
                             — Phosphorus > 2 %           Animal species other
                                                          than pets
                                              < 2%        —                                — Animal species other
                                                                                               than pets
                             — Magnesium > 0,5 %          Ruminants                        — Animal species other
                                                                                                than ruminants and
                                                                                               pets
                                              < 0,5%      —
                             — Sodium                     —
                             — Potassium                  —
                             — Lysine                     —
                             — Methionine                 —
                             — Cystine
                             — Threonine                  —                                Animal species           other
                                                                                           than pets
                             — Tryptophan
                             — Energy value               —
                             — Starch                     —
                             — Total sugar (as            —
                               sucrose)
                             — Total sugar plus
                               starch
 ---pagebreak--- BB88                          Official Journal of the European communities                        l^oCl^B13
     The Member States shallbringintoforceon 31 December 1989 the laws, regulations and
     administrative provisions necessary to comply with this Directive.They shall forthwith inform
     the Commission thereof.
     This Directive is addressed to the Member States.