CELEX: 51991PC0369
Language: en
Date: 1991-10-14
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 74/63/EEC concerning undesirable substances in animal feedingstuffs

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     C0M(91)369 final
                                     Brussels, 14 October 1991
                      Proposal for a
                    COUNCIL DIRECTIVE
              amending Directive 74/63/EEC
           concerning undesirable substances
                 in animal feedingstuffs
             (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                EXPLANAIOR.Y MEMORANDUM
Experience has demonstrated that it is necessary to amend     certain
provisions of Council Directive 74/63/EEC of 17 December 1973 concerning
undesirable substances and products in animal nutrition, in order to
 improve  the safety of the use of animal feedingstuffs.
With regard to the scope of the Directive, it appears     necessary to extend,
the definition of the term 'animal' to species living freely in the wild.
This extension is essential   in order to avoid feeds   which are unsuitable
for use in feedingstuffs for farm animals being distributed, in winter for
example, to game or other animals living in the wild.
 In order to avoid certain manipulations of raw    materials, before their
marketing, provision has been made to specify that the maximum     levels fixed
for undesirable substances and products apply from the moment of the entry
 into circulation of the raw materials, in the same spirit it is clearly
 indicated that the practice of mixing consignments with different    levels of
contamination in order to keep within the levels is prohibited.
On several occasions it has been brought to the notice of the official
authorities that undesirable substances or products have been present in
such proportions, that it was totally out of the question to use the raw
material concerned   in animal nutrition.   To remedy this situation it seems
useful to introduce in the Directive the principle that raw materials must
be wholesome, unadulterated and of merchantable quality; furthermore, it is
suitable to prohibit the putting into circulation of raw materials, which
taking account of their high content of undesirable substances, would
irreparably lead to an excess of the limits set for compound feedingstuffs.
A certain serious incident has demonstrated, that the information system
put into place to alert the competent authorities to consignments of raw
materials or feedingstuffs which do not conform to the legislation should
be improved.
 ---pagebreak---                                    7
It is absolutely essential that the national control services are informed,
by the operators, equally  in the case where they have noticed an excess of
the maximum levels, and even when they have taken the initiative to destroy
the merchandise.  Such information, is necessary to be sure that the
establishment, authorised to carry out the destruction, does not put the
contaminated merchandise back into circulation, and that the merchandise is
not responsible for serious contamination.
Given that certain substances present in animal feedingstuffs are not
always completely absorbable, it is necessary to provide a provision which
allows the possibility of indicating in the annexes, with regard to the
substances concerned, where a method exists of correctly  measuring the
amount of the absorbable element.
 ---pagebreak---                       PROPOSAL FOR A COUNCIL DIRECTIVE
       amending Directive 74/63/EEC concerning undesirable substances
                           in animal feedingstuffs
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas experience has demonstrated that there are grounds for amending
certain provisions of Directive 74/63/EEC^ 1 ), as last amended by Council
Directive 91/132/EEC< 2 >;
Whereas, moreover, the restriction of the field of application of Directive
74/63/EEC to animals belonging to species normally nourished and kept or
consumed by man does not rule out that feedingstuffs containing undesirable
substances or products might occasionally by distributed to animals living
freely in the wiId;
Whereas, in consequence, it is advisable that the definition of the term
"animals" covers, in the future, species living freely in the wild in order
that all animal feedingstuffs conform with the health    requirements
prescribed by Directive 74/63/EEC;
(1)   O.J. No. L 38 Of 11.2.1974, p. 31.
(2)   O.J. No. L 66 of 13.03.1991, p. 16.
 ---pagebreak---                                       •h
Whereas certain undesirable substances as products are sometimes present in
feeds as raw materials destned   for annimal feeds in a form, which in part,
is non absorbable, whereas in these cases the maximum levels provided in
the Annexes must take into account the absorbable element, in so far as
this can be determined by an internationally recognized method.
Whereas it is advisable to establish a principle according to which raw
materials used in animal feedingstuffs must be safe, wholesome and of
merchantable quality-, whereas therefore the use must be prohibited of raw
materials which contain too high a level of undesirable substances or
products leading to an irreparable excess of the maximum levels for
compound feeds fixed in Annex I of the Directive.
Whereas Directive 74/63/EEC has fixed maximum levels for substances or
products particularly undesirable in certain raw materials; whereas for
such a restriction to have full effect, namely a reduction in the total
quantity of undesirable substances ingested by animals, it is advisable to
state clearly that the measure applies to all consignments put into
circulation in the Community and therefore it is forbidden to mix severely
contaminated consignments with lightly contaminated or even non-
contaminated consignments in order to respect the maximum levels set by the
Direct ive.
Whereas experience has demonstrated that the information system put in
place by the Directive by the official control bodies should be improved so
that Member States are informed equally by the operators    in the case where
the provisions of the Directive are not respected; whereas in such a case
Member States will, if appropriate, be obliged to assure the destruction of
the affected consignment of raw materials, or feedingstuffs, if this has
been decided;
 ---pagebreak---                                       r-
HAS ADOPTED THIS DIRECTIVE
                                  Article 1
Directive 74/63/EEC is amended as follows :
1.    Article 1, point f) is replaced by the text below :
      "f) animals: animals belonging to species normally nourished and kept
          or cnosumed by man as well as animals living freely in the wild
           in the case where they are nourished, for some part, with animal
          feedingstuf fs-,"
2.    The following paragraph is added to Article 3
      "3. In the case where it is established that a substance mentioned in
          Annex I as Annex II is present in certain feedingstuffs on
          certain raw materials in a form which is not totally absorbable,
          the maximum level provided in column 3 of the above mentioned
          Annexes refers to the absorbable element determined according to
          an internationally recognized method.
 ---pagebreak---                                      6 -
3.    The following Article is inserted
      "Article 3 a
      1. Member States shall prescribe that raw materials intended for use
         in animal feedingstuffs may only be put into circulation if they
         are safe, wholesome and of merchantable quality.
      2. Subject to the provisions in part A of Annex II of the Directive,
         raw materials cannot be considered as safe, wholesome and of
         merchantable quality if the level of undesirable substances or
         products is so high that their use is virtually ruled out for fear
         of exceeding the maximum level fixed for  animal feedingstuffs in
         Annex I.
4. Article 4 is amended as follows
      a) Article 3a becomes Article 3b
      b) For paragraph 1 and 2 the word "marketed" is each time replaced by
         the words "put into circulation".
5."Article 3b is amended as follows
      a) Article 3b becomes Article 3c
      b) The word "marketing" is replaced by the words "putting into
         circulât ion.
 ---pagebreak---                                      '•/•
6. The fol lowing Article is inserted
   Article 3d
   Member States shall prescribe that the mixing of different
   consignments of a raw material detailed in Part A of Annex II is only
   authorized in as much as that the level of the undesirable substance
   or product in each consignment for mixing is lower or equal to the
   maximum level fixed in column 3 of the abovementioned Annex.
7. In Article 7 the word marketing is replaced by the words "putting on
   the market".
8. The following paragraph is added to Article   8   :
   4. Member States shall prescribe that in the case where an operator
      has information of the following nature
      a) a consignment of raw materials is unsuitable for any use in
          animai feedingstuff because of a high level of contamination by
          an undesirable substance or product and therefore constitutes a
         serious risk for annimal or public health;
      b) a consignment of animal feed , which does not conform with the
         provisions laid down in Annex I, the operator shall  immediately
         inform the official control bodies, even in the case where the
         destruction of the consignment of the raw material or animal
         feed is envisaged; in this case the control authorities shall
        make sure the destruction is done properly;
 ---pagebreak---                                  Article 2
Member States shall bring into force not later than 31 December 1993 the
laws,  regulations and administrative provisions necessary to comply with
provisions of this Directive. They  shall immediately inform the Commission
thereof.
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 a reference shall be
laid down by the Member States.
                                 Article 1
This Directive is addressed to the Member States.
Gone at Brussels,                             For the Council
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 369 final
                                                      DOCUMENTS
EN                                                                          15 03
                                Catalogue number : CB-CO-91-429-EN-C
                                                             ISBN 92-77-76185-7
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