CELEX: 51984PC0445
Language: en
Date: 1984-09-11
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 74/63/EEC ON THE FIXING OF MAXIMUM PERMITTED LEVELS FOR UNDESIRABLE SUBSTANCES AND PRODUCTS IN FEEDINGSTUFFS, DIRECTIVE 77/101/EEC ON THE MARKETING OF STRAIGHT FEEDINGSTUFFS AND DIRECTIVE 79/373/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS

26.9.84                                     Official Journal of the European Communities                            No C 258/7
                   Proposal for a Council Directive amending Directive 74/63/EEC on the fixing of
                   maximum permitted levels for undesirable substances and products in feedingstuffs,
                   Directive 77/101/EEC on the marketing of straight feedingstuffs and Directive
                                       79/373/EEC on the marketing of compound feedingstuffs
                                                          COM(84) 445 final
                                 (Submitted by the Commission to the Council on 14 September 1984)
                                                            (84/C 258/06)
THE COUNCIL OF THE EUROPEAN                                            Whereas the presence of certain undesirable sub-
COMMUNITIES,                                                           stances and products in raw materials may, if they
                                                                       exceed a certain threshold, carry serious risks for
Having regard to the Treaty establishing the                           animal and human health unless certain precautions
European Economic Community, and in particular                         are taken when they are used;
Article 43 thereof,
Having regard to the proposal from the Commission,                     Whereas some Member States have already fixed
                                                                       maximum permitted levels or taken other steps to
Having regard to the opinion of the European Par-                      limit the presence of certain undesirable substances in
liament,                                                               raw materials; whereas such measures differ and
                                                                       constitute hindrances to the free movement of raw
                                                                       materials in the Community; whereas, therefore, the
Having regard to the opinion of the Economic and
                                                                       relevant provisions should be harmonized;
Social Committee,
Whereas, for the reasons set out hereafter,                            Whereas Directive 74/63/EEC constitutes an appro-
amendments should be made to Council Directives                        priate framework for adopting such measures;
74/63/EEC O ,               77/101/EEC O        and     79/373/
EEC ( J ), as last amended by Commission Directives
. . . , 83/87/EEC (4) and 82/957/EEC (5) respectively;                 Whereas, in order to ensure that certain particularly
                                                                       undesirable    substances      are   not    present     in
Whereas the definitions of straight feedingstuffs and                  feedingstuffs, it is necessary not only to limit their
the various types of compound feedingstuffs in the                     presence in raw materials to an acceptable level but
above Directives should be aligned on the new                          also to reserve the use of contaminated raw materials
definitions in the Third Council Directive amending                    to manufacturers of compound feedingstuffs in order
Directive 70/524/EEC concerning additives in                           to ensure that the necessary dilutions are performed
feedingstuffs ( 6 );                                                   to guarantee compliance with the maximum permitted
                                                                       levels laid down in the Directive for feedingstuffs;
Whereas it should be made clear that the provisions
of       Directives        74/63/EEC,       77/101/EEC       and
79/373/EEC are without prejudice to the provisions                     Whereas certain raw materials must also be appro-
of Council Directive 82/471 / E E C of 30 June 1982                    priately marked if the quantity of the undesirable
concerning certain products used in animal                             substance or product exeeds the maximum level
nutrition ( 7 );                                                       permitted for straight feedingstuffs; whereas this
                                                                       measure is necessary in order to ensure that raw
                                                                       materials are not delivered to stockbreeders;
Whereas Directive 74/63/EEC concerns undesirable
substances and products in feedingstuffs; whereas,
therefore, the maximum permitted levels laid down
                                                                       Whereas, moreover, it       seems justified to permit
in the Annex to that Directive do not apply to the
                                                                       Member States to extend     the labelling provisions laid
raw materials used for manufacturing compound
                                                                       down in this Directive to   all raw materials if the level
feedingstuffs;
                                                                       of undesirable substances   exceeds the level permitted
                                                                       for straight feedingstuffs;
(*)    OJ No L 38, 11. 2. 1974, p. 31.
O      O J N o L 3 2 , 3. 2. 1977, p. 1.                               Whereas the fixing of maximum permitted levels for
(3)    OJ No L 86, 6. 4. 1979, p. 30.                                  undesirable substances and products in relation to
(4)    O J N o L 5 6 , 3. 3. 1983, p. 31.                              animal nutrition constitutes a technical implementing
(s)    OJ No L 386, 31. 12. 1982, p. 42.                               measure; whereas, consequently, the procedure
(6)    Directive in process of adoption by Council.                    provided for in Directive 74/63/EEC for amending
O      OJ No L 213, 21.7. 1982, p. 8.                                  maximum permitted levels of undesirable substances
 ---pagebreak--- No C 258/8                             Official Journal of the European Communities                                  26.9. 84
and products in feedingstuffs should also apply to raw                            processing thereof, as well as the various
materials;                                                                        organic or inorganic substances, whether
                                                                                  or not containing additives, intended as
Whereas close cooperation must be established for                                 such for oral animal feeding;
notifying Member States of cases of non-compliance                           (h) "compound feedingstuffs": mixtures of
with Community provisions in order to facilitate                                  products of vegetable or animal origin in
supervision of the implementation of Directive 7 4 / 6 3 /                        the natural state, fresh or preserved, and
EEC;                                                                              products derived from the industrial
                                                                                  processing thereof, or of organic or
Whereas the experience gained in the implementation                               inorganic substances, whether or not
of Directive 79/373/EEC shows the need to improve                                 containing additives, for oral animal
the labelling of compound feedingstuffs in certain                                feeding in the form of complete
cases; whereas, more specifically, it is necessary to lay                         feedingstuffs      or       complementary
down special labelling provisions for compound                                    feedingstuffs;';
feedingstuffs for domestic pets to ensure that users
are informed as to the properties of such products,                   (b) The following point (i) is added after point
                                                                            (h):
HAS ADOPTED THIS DIRECTIVE:                                                '(i) "raw materials (ingredients)": products
                                                                                  of vegetable or animal origin, in their
                                                                                  natural state, fresh or preserved, and
                           Article 1                                              products derived from the processing
Directive 74/63/EEC is hereby amended as follows:                                 thereof, as well as organic or inorganic
                                                                                  substances, whether or not containing
  1. The title of the Directive is replaced by the                                additives, intended for the manufacture
     following:                                                                   of compound feedingstuffs.'
     'Council Directive on the fixing of maximum                   4. In Article 3:
     permitted levels for undesirable substances and
     products in relation to animal nutriton'.                        (a) in paragraph 1, the words 'in the Annex' are
                                                                           replaced by 'in Annex F;
 2. In Article 1:                                                     (b) paragraph 2 is deleted;
     (a) paragraph 1 is replaced by the following:                    (c) paragraph 3 becomes paragraph 2 and the
          '1.    This Directive deals with the laying                      words 'in the Annex' are replaced by 'in
          down of maximum permitted levels for                             Annex F.
          undesirable substances and products in
          relation to animal nutrition, as listed in the           5. The following Article 3a is inserted:
         Annexes.'
                                                                       'Article 3a
     (b) The following point (e) is added to paragraph
                                                                      1.      Member States shall prescribe that the raw
          2:                                                          materials listed in Annex II may be marketed only
          '(e) certain     products    used     in   animal           if their content of the undesirable substance or
               nutrition'.                                            product referred to therein does not exceed the
                                                                      maximum level laid down in column 3 of that
  3. In Article 2:                                                    Annex.
     (a) points (a), (b) and (h) are replaced by the                  2.      Where the undesirable substance or product
          following:                                                  listed in column 1 of Annex II exceeds the
                                                                      maximum level laid down in Annex I in respect of
          '(a) "feedingstuffs": products of vegetable or
                                                                      the straight feedingstuff, the raw material listed in
                animal origin, in their natural state, fresh
                                                                      column 2 of Annex II may, without prejudice to
               or preserved, and products derived from
                                                                      paragraph 1, be marketed if:
               the industrial processing thereof, as well
                as organic or inorganic substances, used              (a) it is intended for use by recognized manufac-
                singly or in mixtures, whether or not                       turers of compound feedingstuffs, and
               containing additives, for oral animal
               feeding;                                               (b) it is accompanied by a document:
           (b) "straight feedingstuffs": the various                        — bearing the words "reserved exclusively
               vegetable or animal products in their                             for     recognized      manufacturers     of
                natural state, fresh or preserved, and                           compound feedingstuffs; not to be fed
               products derived from the industrial                              unprocessed to livestock", and
 ---pagebreak--- 26.9.84                                 Official Journal of the European Communities                                No C 258/9
         — indicating the content of the undesirable                       (b) in paragraph 2, the words 'the Annex' are
             product or substance.                                             replaced by 'the Annexes'.
    3.     Member States may stipulate that the
    provisions of paragraph 2, points (a) and (b) shall                8. In Article 6, the words 'to the Annex' are
    also apply:                                                            replaced by 'the Annexes'.
    (a) to raw materials other than those listed in                    9. In Article 7 the words 'and raw material' are
         column 2 of Annex II;                                             inserted after the word 'feedingstuffs'.
    (b) to raw materials containing undesirable subs-
         tances or products listed in Annex I, other                 10. In Article 8:
         than those referred to in Annex II,
                                                                           (a) paragraph 1 is replaced by the following:
    if the content of any undesirable substance or
                                                                               '1.       Member States shall take all necessary
    product present in those raw materials exceeds
                                                                               measures to ensure that feedingstuffs and raw
    the level fixed in Annex I for straight
                                                                               materials are officially controlled, at least by
    feedingstuffs'.
                                                                               random sampling, to verify whether the
 6. In Article 4, the words 'in this Directive' are                            conditions laid down in this Directive are
    replaced by 'in Annex F.                                                   satisfied.';
 7. In Article 5:                                                          (b) the following paragraph 3 is added:
                                                                               '3.       Member States shall notify other
    (a) Paragraph 1 is replaced by the following:
                                                                               Member States and the Commission of any
         '1.    Where a Member State considers that a                          refusal of importation of raw materials for
         maximum content fixed in Annex I or II, or a                          failure to comply with the provisions of this
         substance or product not listed therein,                              Directive, together with details concerning
         presents a danger to animal or human health,                          the identity of the product'.
         that Member State may provisionally reduce
         that content, fix a maximum content or                      11. In Article 11 the words 'and raw materials' are
         prohibit the presence of that substance or                       inserted after the the word 'feedingstuffs'.
         product in feedingstuffs or raw materials. It
         shall advise the other Member States and the                12. The Annex becomes Annex I.
         Commission without delay of the measures
         taken and at the same time give its reasons.';              13. The following Annex II is added:
                                                             'Annex II
                                                                                Maximum content in mg/kg (ppm]
                   Substances, products            Raw materials                      of raw materials, referred
                                                                                   to a moisture content of 12 %
                             1                           2                                        3
                                            Raw materials of vegetable
                     1. Aflatoxin B 1                                                           0,3'
                                                      origin
                          Article 2                                  2. Article 2 is replaced by the following:
Directive 77/101/EEC is hereby amended as follows:
                                                                         'Article 2
1. In Article 1 (2):
                                                                         For the purposes of this Directive, "straight
   (a) Point (b) is replaced by the following:
                                                                         feedingstuffs" shall mean the various products of
       '(b) the fixing of maximum permitted levels                       vegetable or animal origin, in the natural state,
             for undesirable substances and products in                  fresh or preserved, and products derived from the
             relation to animal nutrition';                              industrial processing thereof as well as various
                                                                         organic or inorganic substances, whether or not
   (b) the following point (d) is added:                                 containing additives, intended as such for oral
       '(d) certain products used in animal nutrition.'                  animal feeding.'
 ---pagebreak--- N o C 258/10                            Official Journal of the European Communities                                    26.9.84
                            Article 3                                  (c) in paragraph 6, the following point (g) is
                                                                            added:
Directive 79/373/EEC is hereby amended as follows:
                                                                            '(g) the description "liquid complementary
1. In Article 1 (2):                                                              feedingstuff" if the feedingstuff is in
                                                                                  liquid form;';
    (a) Point (c) is replaced by the following:
        '(c) the fixing of maximum permitted levels
             for undesirable substances and products in               (d) paragraph 8 is replaced by the following:
             relation to animal nutrition';                                 '8.     Information other than that stipulated or
   (b) the following point (f) is added:                                    allowed by Member States under the terms of
                                                                            this Directive may appear on packaging,
        '(f) certain products used in animal nutrition.'                    containers,      labels    and      accompanying
                                                                            documents provided that it is keept clearly
2. In Article 2, points (a) and (b) are replaced by the                     separate and that it is not inconsistent with the
   following:                                                              provisions on marking set out in paragraphs 1
   '(a) "feedingstuffs": products of vegetable or                          to 7 and in Article 5a.'
         animal origin in the natural state, fresh or
         preserved, and products derived from the
         industrial processing thereof, as well as                 4. The following Article 5a is inserted:
         organic or inorganic substances, used singly
         or in mixtures, whether or not containing
         additives, for oral animal feeding;                           'Article 5a
    (b) "compound          feedingstuffs":    mixtures    of
         products of vegetable or animal origin in the                Without prejudice to the provisions of Article 5,
         natural state, fresh or preserved, and products              Member States shall stipulate that the labelling of
         derived from the industrial processing thereof,              compound feedingstuffs for pet animals:
         or of organic or inorganic substances, whether
         or not containing additives, for oral animal
         feeding in the form of complete feedingstuffs                (a) may draw particular attention to the presence
         or complementary feedingstuffs.'                                  or low content of one or more ingredients that
                                                                           are essential for the characteristics of the
3. In Article 5:                                                           feedingstuff. In such case the minimum or
                                                                           maximum content expressed in percentage
   (a) in paragraph 1:
                                                                           respectively of the ingredient(s) in question
        (aa) point (a) is replaced by the following:                       must be clearly indicated either opposite the
                                                                           statement drawing particular attention to it or
              '(a) the description "compound feed-
                                                                           them or in the list of ingredients or by
                   ingstuff", "complementary feeding-
                                                                           mentioning it or them and the percentage(s)
                   stuff", "mineral feedingstuff", or
                                                                           concerned       opposite     the    corresponding
                   "molassed feedingstuff", as appro-
                                                                           category of ingredients;
                   priate';
        (bb) the following point (h) is added:
                                                                      (b) may give precise information on the pres-
              '(h) the code number of the producer,
                                                                           entation of the feedingstuff or on the
                   where the latter is not responsible for
                                                                           processing that it has undergone (for example:
                   the labelling particulars';
                                                                           paste, croquettes, deep-frozen);
   (b) in paragraph 4:
        (aa) point (a) is replaced by the following:                  (c) may include claims, provided that:
              '(a) the description "liquid complemen-                      — they are not such as to mislead the
                   tary feedingstuff" if the feedingstuff                       purchaser by attributing to the feedingstuff
                   is in liquid form;';                                         properties that it does not possess or by
                                                                                suggesting that it possesses special char-
        (bb) in the first sentence of subparagraph (f),                         acteristics when in fact all similar
              the words 'and the content of the                                 feedingstuffs possess such characteristics,
              products mentioned in the Annex to
              Directive 82/471/EEC, unless such parti-                     — they relate to objective or quantifiable
              culars, are already required under the                            factors and can therefore be substantiated,
              said Directive's provisions', shall be                       — that no claim is made that the feedingstuff
              inserted after 'compound feedingstuffs';                          will prevent, treat or cure a disease.'
 ---pagebreak--- 26. 9. 84                             Official Journal of the European Communities                        No C 258/11
5. In the Annex, the following points are added:                         — total sugar, expressed as sucrose,
   '6.5. Contents as regards analytical constituants                     — moisture,
          for liquid complementary feedingstuffs:                        — crude ash,
          — crude protein,                                               — phosphor,
          — total sugar, expressed as sucrose,                           — calcium,
          — moisture,                                                    — sodium,
          — crude ash,                                                   — density,
          — phosphor,                                                    — magnesium,
          — calcium,                                                     — potassium,
          — sodium,                                                      — energetic value, calculated according to
                                                                             an officially recognized method.'
          — density,
          — magnesium,                                                                    Article 4
          — potassium,                                           Member States shall bring into force on 1 July 1986
          — energetic value, calculated according to             the laws, regulations and administrative provisions
              an officially recognized method.                   necessary to comply with this Directive. They shall
                                                                 forthwith inform the Commission thereof.
    8.3. Contents as regards analytical constituants
                                                                                          Article 5
          for liquid complementary feedingstuffs:
          — crude protein,                                       This Directive is addressed to the Member States.