CELEX: 51998PC0453
Language: en
Date: 1998-07-17
Title: Amended proposal for a Council Directive on the undesirable substances and products in animal nutrition (consolidated version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 17.07.1998
                                     COM(1998) 453 final
                                    95/0299 (CNS)
                  Amended proposal for a
                 COUNCIL DIRECTIVE
on the undesirable substances and products in animal nutrition
                     (consolidated version^
(presented by the Commission pursuant to Article 189 a (2)
                    of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                                  Explanatory memorandum
1.   On 6 December 1995, the Commission presented a proposal for a Council Directive codifying Council Directive
     74/63/EEC of 17 December 1973 on the undesirable substances in animal nutrition (').
2.   In view of the outcome of the work already carried out in the Council on the proposal referred to at point 1., the
     Commission has decided to present - in accordance with Article 189a (2) of the EC Treaty - an amended proposal
     for codification of the Directive in question, as set out in the attached text (Annex I).
     This amended proposal also takes account of amendments purely of form or wording by the Consultative Working
     Party of Legal Services set up under the Interinstitutional Agreement of 20 December 1994 on an accelerated
     working method for official consolidation of legislative texts, where these are considered justified ( 2 ).
3.   To facilitate reading and examination, the full text of the amended proposal for codification is also attached
     (Annex II).
 (')  COM(95)598 final of 6. 12. 1995
 (2) Cf. the abovemcntioncd opinion of the Consultative Working Party of 16 April 1996, transmuted to
      the European Parliament, the Council and the Commission on 7 May 1996.
 ---pagebreak---        ^ *.. ..
ANNEXI
 3
 ---pagebreak---                      AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE
                         on the undesirable substances in animal nutrition
                                        consolidated versjop
         The proposal for a Council Directive — consolidated version COM(95)598 final
                      of 6. 12. 1995 - 95/0299 (CNS) is amended as follows:
 1.    Footnote 3 relating to recital 1 shall be replaced by the following text:
 '3. OJ No L 38, 11. 2. 1974, p. 31. Directive as last amended by Commission Directive 97/8/EC
 (OJ No L 48, 19. 2. 1997, p. 22).'
 2. In all cases, the term 'straight feedingstuffs' shall be replaced by the term Meed materials'
 and the reference '96/25/EC - Art 14 (2) (a)' shall be inserted into the right-hand margin.
 3. In all cases, the term 'raw material' shall be replaced by the term 'feed materials' and the
 reference '96/25/EC - Art 14. (2) (e)' shall be inserted into the right-hand margin.
 4.    Article 2 (b) shall be replaced by the following text:
 '(b) "feed materials": various products of vegetable or ani-    96/25/EC-Art. 14 (2) (b)
       mal origin, in their natural state, fresh or preserved,
       and products derived from the industrial processing
       thereof, and organic or inorganic substances, whether
       or not containing additives, which arc intended for
       use in oral animal feeding, either directly as such or
      after processing, in the preparation of compound
      feedingstuffs or as carriers of premixtures;'
5.    Article 2 (e) shall be replaced by the following text:
'(e) "compound feedingstuffs": mixtures of feed materials,       96/25/EC Art. 14(2) (c)
      whether or not containing additives, which are in-
      tended for oral animal feeding as complete or com-
      plementary feedingstuffs;'
6.    Article 2 (f) shall be deleted.
7.    Article 5 (2) (a) shall be replaced by the following text:
'(a) it is intended for use by establishments which meet         95/69/EC Art. 18
      the conditions of Council Directive 95/69/EC (').          (adapted)
(')   OJ No L 332, 30. 12. 1995, p. 15.'
8. In Articles 13 (2) and 14 (2), the reference 'Act of Accession, AT, H , Sl\' appearing m the
right-hand margin shall be replaced by the reference '95/1/EC, Euratom, liCSC.
9.    Annexes I, II, III and IV shall be replaced by the following text:
 ---pagebreak---                                                              ANNEX I                                                                97/8/EC - Art. 1
                            (Article 3 (2), Article 4, Article 5 (2) and (3), Article 8, Article 12 (3))
                                                                                                     Maximum content in mg/kg
                                                                                                   (ppm) relative to a feedingstuff
       Substances, products                                   Feedingstuffs                          with a moisture content of
                                                                                                                12%
               (1)                                                 (2)                                           (3)
A. Substances (ions or elements)
   1. Arsenic                         Feed materials with the exception of:                                       2
                                      — meal made from grass, from dried lucerne and                              4
                                          from dried clover, and dried sugar beet pulp and
                                           dried molasses sugar beet pulp
                                      — phosphates and feedingstuffs obtained from the                           10
                                          processing of fish or other marine animals
                                      Complete feedingstuffs with the exception of:
                                      — complete feedingstuffs for fish                                           4
                                      Complementary feedingstuffs with the exception of:                          4
                                      — Mineral feedingstuffs                                                    12
   2. Lead                            Feed materials with the exception of:                                      to
                                      — green fodder                                                             40
                                      — phosphates                                                               30
                                      — yeasts                                                                    5
                                      Complete feedingstuffs                                                      5
                                      Complementary feedingstuffs with the exception of:                         10
                                      — Mineral feedingstuffs                                                    30
   3. Fluorine                        Feed materials with the exception of:                                     150
                                      — feedingstuffs of animal origin                                          51»
                                      — phosphates                                                             2 000
                                      Complete feedingstuffs with the exception of:                             150
                                      — complete feedingstuffs for cattle, sheep and goats
                                          — in milk                                                              30
                                          — other                                                                50
                                      — complete feedingstuffs for pigs                                         100
                                      — complete feedingstuffs for poultry                                      350
                                      — complete feedingstuffs for chicks                                       250
                                      Mineral mixtures for cattle, sheep and goats                           2 000( 1 )
                                      Other complementary feedingstuffs                                       125(2)
   4. Mercury                         Feed materials with the exception of:                                     0,1
                                      — feedingstuffs produced by the processing of fish or                     0,5
                                          other marine animals
                                      Complete feedingstuffs with the exception of:                             0.1
                                      — complete feedingstuffs for dogs and cats                                0,4
                                      Complementary feedingstuffs except:                                       0,2
                                      — complementary feedingstuffs for dogs and cats
 ---pagebreak---                                                                                                                     97/8/EC - Art. 1
                                                                                     Maximum content in mg/kg
       Substances, products                      Feedingstuffs                     (ppm) relative to a feedingstuff
                                                                                     with a moisture content of
                                                                                                 12%
               (1)                                    (2)                                         (3)
   5. Nitrites              Fish meal                                                             60
                                                                                    (expressed as sodium ni-
                                                                                                trite)
                            Complete feedingstuffs excluding:                                     15
                            — feedingstuffs intended for pets except birds and      (expressed as sodium ni-
                                aquarium fish                                                   trite)
   6. Cadmium               Feed materials of vegetable origin                                     1
                            Feed materials of animal origin except:                                2
                            — feedingstuffs for pets
                            Phosphates                                                          10 (3)
                            Complete feedingstuffs for cattle, sheep and goats ex-                 I
                            cept:
                            — complete feedingstuffs for calves, lambs and kids
                            Other complete feedingstuffs except:                                 0.5
                            — feedingstuffs for pets
                            Mineral feedingstuffs                                               5( 4 )
                            Other complementary feedingstuffs for cattle, sheep                   0.5
                            and goats
B. Products
   1. Aflatoxin Bi          Feed materials with the exception of:                                0,05
                            — Groundnut, copra, palm-kernel, cotton seed, ba-                    0,02
                                bassu, maize and products derived from the pro-
                                cessing thereof
                            Complete feedingstuffs for cattle, sheep and goats                   0.05
                            with the exception of:
                            — dairy cattle                                                      0.005
                            — calves and lambs                                                   0.01
                            Complete feedingstuffs for pigs and poultry (except                  0,02
                            young animals)
                            Other complete feedingstuffs                                         0,01
                            Complementary feedingstuffs for cattle, sheep and                    0,05
                            goats (except complementary feedingstuffs for dairy
                            animals, calves and lambs)
                            Complementary feedingstuffs for pigs and poultry (ex-                0,03
                            cept young animals)
                             Other complementary feedingstuffs                                  0.005
    2. Hydrocyanic acid      Feed materials with the exception of:                                50
                             — linseed                                                           250
                             — linseed cakes                                                      350
                             — manioc products and almond cakes                                   100
                             Complete feedingstuffs with the exception of:                         50
                             — complete feedingstuffs for chicks                                   10
 ---pagebreak---                                                                                                                       •97/8/EC - Art. 1
                                                                                       Maximum content in mg/kg
      Substances, products                           Feedingstuffs                   (ppm) relative to a feedingstuff
                                                                                       with a moisture content of
                                                                                                   12%
              (1)                                         (2)                                       (3)
3. Free Gossypol              Feed materials with the exception of:                                 20
                              — cotton-seed cakes                                                 1200
                              Complete feedingstuffs with the exception of:                         20
                              — complete feedingstuffs for cattle, sheep and goats                 500
                              — complete feedingstuffs for poultry (except laying                  100
                                  hens and calves)
                              — complete feedingstuffs for rabbits and pigs (except                 60
                                  piglets)
4. Theobromine                Complete feedingstuffs with the exception of:                       300
                              — complete feedingstuffs for adult cattle                           700
5. Volatile mustard oil       Feed materials with the exception of:                               .KH)
                              — rape-seed cakes                                                  4 IKK)
                                                                                         (expressed as allyl
                                                                                           isothiocyanate)
                              Complete feedingstuffs with the exception of:                        150
                                                                                         (expressed as allyl
                                                                                           isothiocyanate)
                              — complete feedingstuffs for cattle, sheep and goats               1000
                                  (except young animals)                            (expressed as allyl isothio-
                                                                                               cyanate)
                              — complete feedingstuffs for pigs (except piglets)                  500
                                  and poultry                                           (expressed as allyl
                                                                                           isothiocyanate)
6. Vinyl thiooxazolidone      Complete feedingstuffs for poultry with the exception              1000
    (Vinyloxazolidine thione) of:
                              — complete feedingstuffs for laying hens                            500
7. Rye Ergot (Claviceps pur-  All feedingstuffs containing unground cereals                      I IKK)
    purea)
8. Weed seeds and unground All feedingstuffs                                                     3 (KK)
    and uncrushed fruits con-
    taining alkaloids, gluco-
    sides or other toxic sub-
    stances separately or in
    combination including
    (a) Lolium temulentum L.,                                                                    1000
    (b) Lolium remotum                                                                           1000
          Schrank,
    (c) Datura stramonium L.                                                                     1000
9. Castor oil plant — Ricinus All feedingstuffs                                                    10
    communis L.                                                                     (expressed in terms of cas-
                                                                                        tor-oil plant husks)
10. Crotalaria spp.           All feedingstuffs                                                    100
 ---pagebreak---                                                                                                                  97/8/EC - Art. 1
                                                                                  Maximum content in mg/kg
     Substances, products                               Feedingstuffs           (ppm) relative to a feedingstuff
                                                                                  with a moisture content of
                                                                                             12%
             (1)                                             (2)                              (3)
11. Aldrin        singly or com-
                  bined express-      All feedingstuffs with the exception of:               0,01
                  ed as dieldrin      — fats                                                  0,2
12. Dieldrin
13. Camphechlor (Toxaphene)       All feedingstuffs                                           0,1
14. Chlordane (sum of cis- All feedingstuffs with the exception of:                          0,02
    and trans-isomers and of — fats
                                                                                             0,05
    oxychlordane, expressed as
    chlordane)
15. DDT (sum of DDT-, All feedingstuffs with the exception of:                               0,05
    TDE- and DDE-isomers, — fats                                                              0.5
    expressed as DDT)
16. Endosulfan (sum of alpha- All feedingstuffs with the exception of:                        0.1
    and beta-isomers and of
                                  — maize                                                     0.2
    endosulfansulphate        ex-
    pressed as endosulfan)        — oilseeds                                                  0.5
                                  — complete feedingstuffs for fish                         0.005
17. Endrin (sum of endrin and All feedingstuffs with the exception of:                       0.01
    of delta-ketoi-endrin, ex- — fats
                                                                                             0.05
    pressed as endrin)
18. Heptachlor (sum of hep- All feedingstuffs with the exception of:                         0.01
    tachlor and of heptachlor- — fats
                                                                                              0.2
    epoxide, expressed as hep-
    tachlor)
19. Hexachiorobenzene (HCB) All feedingstuffs with the exception of:                         0,01
                                  — fats                                                      0.2
20. Hexachlorocyclo-hexane
    (HCH)
    20.1. alpha-isomers           All feedingstuffs with the exception of:                   0,02
                                  — fats                                                      0,2
    20.2. beta-isomers            Compound feedingstuffs with the exception of:              0,01
                                  — feedingstuffs for dairy cattle                          0,005
                                  Feed materials with the exception of:                      0,01
                                  — fats                                                      0,1
     20.3 gamma-isomers           All feedingstuffs with the exception of:                    0,2
                                  — fats                                                      2,0
 ---pagebreak---                                                                                                                              • •_./»_.»—_
                                                                                                                                        97/8/EC - Art. 1
                                                                                                    Maximum content in mg/kg
                                                             Feedingstuffs                        (ppm) relative to a feedingstuff
          Substances, products                                                                      with a moisture content of
                                                                                                               12%
                  (1)                                             (2)                                           (3)
C. Botanical impurities:
    1. Apricots — Prunus arme-
        niaca L.
    2. Bitter almond — Prunus
        dulcis (Mill.) D. A. Webb
        var. amara (DC.) Focke
        (= Prunus amygdalus Batsch
        var. amara (DC.) Focke)
    3. Unhusked beech mast —
        Fagus silvatica L.
    4. Camelina — Camelina sati-
        va (L.) Crantz
    5. Mowrah, Bassia, Madhuca
        — Madhuca longifolia (L.)
        Macbr. (= Bassia longifolia
        L. — lllipe malabrorum
        Engl.)     Madhuca indica                                                                    Seeds and fruit of the
        Gmelin (= Bassia latifolia                                                                   plant species listed op-
         Roxb. = lllipe latifolia                                                                    posite as well as their
        (Roscb.) F. Mueller)                                                                         processed derivatives
                                            All feedingstuffs                                        may only be present in
    6. Purghera — Jatropha cur-                                                                      feedingstuffs in trace
        cas L.                                                                                       amounts not quantita-
    7. Croton —         Croton tiglium                                                               vely determinable
         L.
    8. Indian mustard — Brassica
        juncea (L.) Czern. and
        Coss.      ssp.     integrifolia
         (West.) Thell.
    9. Sareptian mustard — Bras
        ska juncea (L.) Czern. and
        Coss. ssp. juncea
    10. Chinese mustard — Brassi-
        ca juncea (L.) Czern. and
        Coss. ssp. juncea var. lutea
         Batalin
    11. Black mustard — Brassica
        nigra (L.) Koch
    12. Ethiopian mustard — Bras-
        sica carinata A. Braun
(2) Member States may also prescribe a maximumfluorinecontent of 1,25 % of the phosphate content.
()  Fluorine content per 1 % phosphorus.
(3) Member States may also prescribe a maximum cadmium content of 0,5 mg per 1 % phosphorus.
(4) Member States may also prescribe a maximum cadmium content of 0,75 mg per 1 % phosphorus.
 ---pagebreak---                                                               ANNEX II                                                               97/8/EC - Art. 1
                                                                PART A
                                                  (Article 3 (2), Article 5, Article 7)
                                                                                                     Maximum content in mg/kg
          c u.           A .                                   c A . i                                (PP m ) relative to feed ma-
          Substances, products                                 Feed materials                        , v r r . ' ...
                      K
                                                                                                     tenais with a moisture con-
                                                                                                                 tent of 12 %
                  (1)                                                (2)                                              (3)          ~
1. Aflatoxin Bi                           Groundnut, copra, palm-kernel, cotton seed, babassu,                        0,2
                                          maize and products derived from the processing
                                          thereof
2. Cadmium                                 Phosphates                                                                10(')
3. Arsenic                                 Phosphates                                                                 20
( ' ) Member States may also prescribe a maximum cadmium content of 0,5 mg pet 1 % phosphorus.
                                                                PARTB
                                                             (Article 5 (3))
                       Substances, products                                               Feed materials
                               (1)                                                             (2)
A. Substances (ions or elements)
      1. Arsenic                                                 All feed materials with the exception of:
                                                                 - phosphates
      2. Lead                                                    All feed materials
      3. Fluorine                                                All feed materials
      4. Mercury                                                 All feed materials
      5. Nitrites                                                Fish meal
      6. Cadmium                                                 All feed materials of vegetable origin
                                                                 All feed materials of animal origin with the exception of:
                                                                 - feed materials for pets
B. Products
      1. Aflatoxin Bi                                            All feed materials with the exception of:
                                                                 -   Groundnut, copra, palm-kernel, cotton seed, babassu,
                                                                     maize and products derived from the processing thereof
      2  Hydrocyanic acid                                        All feed materials
      3. Free Gossypol                                           All feed materials
      4. Volatile mustard oil                                    All feed materials
      5. Rye Ergot (Claviceps purpurea)                          Unground cereals
                                                                         10
 ---pagebreak---                                                                                                     X •* • ••. - .
                                                                                                                   97/8/EC - Art. 1
                      Substances, products                                           Feed materials
                              (1)                                                         (2)
   6. Weed seeds and unground and uncrushed fruits All feed materials
       containing alkaloids, glucosides or other toxic
       substances separately or in combination includ-
       ing
       a)    Lolium temulentum L.,
       b)    Lolium remotum Schrank,
       c)    Datura stramonium L ,
   7. Castor oil plant - Rizinus communis L.                 All feed materials
   8. Crotalaria spp                                         All feed materials
   9. Aldrin
                                     singly or combined
                                                                  All feed materials
                                     expressed as dieldrin
   10. Dieldrin
   11. Camphechlor (Toxaphene)                               All feed materials
   12. Chlordane (sum of cis- and trans-isomers and          All feed materials
       oxychlordane, expressed as chlordane)
   13. DDT (sum of DDT-, TDE- and DDE-isomers, All feed materials
       expressed as DDT)
   14. Endosulfan (sum of alpha- and beta-isomers and All feed materials
       endosulfan sulphate expressed as endosulfan)
   15. Endrin (sum of endrin and of delta-ketoendrin, All feed materials
       expressed as endrin)
   16. Heptachlor (sum of heptachlor and of heptach- All feed materials
       lor-epoxide, expressed as heptachlor)
   17. Hexachlorobenzene (HCB)                               All feed materials
   18. Hexachlorocyclohexane (HCH)
        lH.l.alpha-isomer                                    All feed materials
        18.2.beta-isomer                                     All feed materials
        18.3. gamma-isomer                                   All feed materials
C. Botanical impurities
   1. Apricots - Prunus armeniaca L.                         All feed materials
   2. Bitter almond - Prunus dulcis (Mill.) D. A. All feed materials
       Webb var. amara (DC.) Focke (= Prunus amyg-
       dalus Balsch var. amara (DC.) Focke)
   3. Unhusked beech mast - Fagus silvatka (L.)              All feed materials
   4. Camelina - Camelina sativa (L.) Crantz                 All feed materials
   5. Mowrah, Bassia, Madhuca - Madhuca longifolia           All feed materials
       ( L ) Maebr. (= Bassia longifolia L. = IMpr mal-
       ahrorum Engl.) Madhuca induct Gmelin ( = Bas-
       sia latifolia (Roscb.) = lllipe latifolia (Roscb.) F.
       Mueller)
                                                                   11
 ---pagebreak---                                                                                      7_...
                                                                                           97/8/EC - Art. 1
                Substances, products                                  Feed materials
                        (D                                                 (2)
6. Purghera - Jatropha curcas L.                   All feed materials
7. Croton - Croton tiglium L.                      All feed materials
8. Indian mustard — Brassica juncea (L.) Czern.    All feed materials
    and Coss. ssp. integrifolia (West.) Thell.
9. Sareptian mustard - Brassica juncea (L.) Czern. All feed materials
    and Coss. ssp. juncea
10. Chinese mustard - Brassica juncea (L.) Czern.  All feed materials
    and Coss. ssp. juncea var. lutea Batalin
11. Black mustard - Brassica nigra (L.) Koch       All feed materials
12. Ethiopian mustard - Brassica carinata A. Braun All feed materials
                                                         12
 ---pagebreak---                                                                                                A - ' . *-. »..
                                                             y4AW£* / / /
                                                               Part A
                                                        Repealed Directives
                                                     (referred to by Article 16)
 Council Directive 74/63/EEC and its suc-
 cessive amendments
 Commission Directive 76/14/EEC
 Commission Directive 76/934/EEC
 Council Directive 80/502/EEC
 Commission Directive 83/381/EEC
Commission Directive 867299/EEC
Council Directive 86/534/EEC              only Article 1
Commission Directive 87/238/EEC
Commission Directive 91/126/EEC
Council Directive 91/132/EEC
Council Directive 92/63/EEC
Council Directive 92/88/EEC
Council Directive 93/74/EEC
Commission Directive 94/16/EC
                                          only concerning references made to the provisions of
                                          Directive 74/63/EEC in Article 11(1)
Council Directive 95/69/EC                only Article 18
Commission Directive 96/6/EC
Council Directive 96/25/EC                only Article 14 (2)
Commission Directive 97/8/EC
                                                              13
 ---pagebreak---                                                                 Part B
                                             Deadlines for transposition into national law
                                                      (referred to by Article 16)
                            Directive                                                      Deadline for transposition
Directive 74/63/EEC (OJ No L 38,11. 2. 1974, p. 31)                  1 January 1976
directive 76/14/EEC (OJ No L 4, 9.1. 1976, p. 24)                    1 April 1976
directive 76/934/EEC (OJ No L 364, 31.12. 1976, p. 20)               1 March 1977
directive 80/502/EEC (OJ No L124, 20. 5. 1980, p. 17)                1 July 1981
directive 83/381/EEC (OJ No L 222,13. 8. 1983, p. 31)                31 December 1983
directive 86/299/EEC (OJ No L 189, 11. 7. 1986, p. 40)               3 December 1987
directive 86/354/EEC (OJ No L 212, 2. 8. 1986, p. 27)                3 December 1988
directive 87/238/EEC (OJ No L 110, 25. 4. 1987, p. 25)               3 December 1988
directive 91/126/EEC (OJ No L 60,7. 3.1991, p. 16)                   30 November 1991
directive 91/132/EEC (OJ No L 66,13. 3. 1991, p. 16)                 1 August 1991
directive 92/63/EEC (OJ No L 221,6. 8. 1992, p. 49)                  31 March 1993
directive 92/88/EEC (OJ No L 321, 6. 11. 1992, p. 24)                31 December 1993
directive 93/74/EEC (OJ No L 237,22. 9. 1993, p. 23)                 30 June 1995
directive 94/16/EC (OJ No L104, 23. 4. 1994, p. 32)                  1 March 1995
directive 95/69/EC (OJ No L 332, 30. 12. 1995, p. 15)                1 April 1998
directive 96/6/EC (OJ No L 49, 28. 2. 1996, p. 29)                   31 July 1996
directive 96/25/EC (OJ No L 125, 23. 5. 1996, p. 35)                 30 June 1998
directive 97/8/EC (OJ No L 48,19. 2. 1997, p. 22)                    30 June 1998
                                                                    14
 ---pagebreak---                         ANNEX IV
                    CORRELATION TABLE
Directive 74/63/EEC          This Directive
Article 1                    Article 1
Article 2 (a)                Article 2 (a)
Article 2 (b)                Article 2 (b)
Article 2 (d)                Article 2 (c)
Article 2 (e)                Article 2 (d)
Article 2 (h)                Article 2 (e)
Article 2 (i)
Article 2 (c)                Article 2 (0
Article 2 (0                 Article 2 (g)
Article 2 (g)                Article 2 (h)
Article 2a                   Article 3
Article 3                    Article 4
Article 3a                   Article 5
Article 3b                   Article 6
Article 3c                   Article 7
Article 4                    Article 8
Article 5                    Article 9
Article 6                    Article 10
Article 6a
Article 7                    Article 11
Article 8 (1)                Article 12(1)
Article 8 (2)                Article 12 (2)
Article 8 (2a)               Article 12 (3)
Article 8 (3)                Article 12 (4)
Article 9                    Article 13
Article 10                   Article 14
Article 11                   Article 15
                             Article 16
                             Article 17
                             Article 18
ANNEX I                      ANNEX I
ANNEX II                     ANNEX II
                             ANNEX HI
                             ANNEX IV.
                          15
 ---pagebreak---              ly.-A. * ^ »
<UNINI£X I I
     >
 ---pagebreak---                                                Amended proposal for a
                                              Council Directive
                                                            of
                                on the undesirable substances in animal nutrition        86/354/EEC - Art. 1 (1).
           THE COUNCIL OF THE EUROPEAN UNION,
           Having regard to the Treaty establishing the European
           Community, and in particular Article 43 thereof;
           Having regard to the proposal from the Commission;
           Having regard to the Opinion of the European Parlia-
           ment (*);
           Having regard to the Opinion of the Economic and So-
           cial Committee ( 2 );
    (1)    Whereas Council Directive 74/63/lWC of 17 December
            1973 on the undesirable substances in animal nutri-
           tion (•*) has been frequently and substantially amended;
           whereas for reasons of clarity and rationality the said
           Directive should be consolidated;
    (2)    Whereas livestock production occupies a very important                 74/63/EEC
           place in the agriculture of the Community; whereas satis-
           factory results depend to a large extent on the use of
           appropriate good-quality feedingstuffs;
    (3)    Whereas the existence of rules concerning feedingstuffs        2.
           is essential to an increase in agricultural productivity;
    (4)    Whereas feedingstuffs often contain undesirable sub-           3.
           stances or products which can endanger animal health
           or, because of their presence in livestock products, hu-
           man health;
    (5)    Whereas it is impossible to exclude totally the presence       4.
           of the substances and products in question; whereas it is
           important that their content in feedingstuffs should be
           reduced in order to prevent undesirable and harmful ef-
           fects; whereas it is at present impossible to fix this con-
           tent below the levels detectable by methods of analysis
           to be defined for the Community;
()    OJ No C
()    OJNoC
(3)   OJ No L 38,11.2.1974, p. 31 ; Directive as last amended by Com-
      mission Directive 97/8/EC (OJ No L 48, 19. 2. 1997, p. 22).
                                                                  17
 ---pagebreak---                                                                                               IV. A.
 (6) Whereas undesirable substances and products may be            5.
     present in feedingstuffs only in accordance with the
     conditions laid down in this Directive and may not be         +
     used in any other way for the purposes of animal feed-
     ing; whereas this Directive should therefore apply with-      6. 93/74/EEC
     out prejudice to other Community provisions on feeding-
     stuffs, and particularly the rules applicable to compound
     feedingstuffs;
 (7) Whereas Member States should, however, retain the                74/63/EEC
     power to allow, under certain conditions, feedingstuffs
     having levels of undesirable substances and products
     higher than those provided for in Annexes I and II;
 (8) Whereas this Directive must apply to feed materials and          92/88/EEC - %/25/EC - Art. 14 (2) (e)
     feedingstuffs from the date of their introduction into the
     Community; whereas it should therefore be stipulated
     that the maximum levels of undesirable substances or
     products set apply in general from the date on which the
     feed materials and feedingstuffs are put into circulation,       96/25/EC- Art. 14 (2) (e)
     including all stages of marketing, and in particular from
     the date of their importation;
 (9) Whereas it is advisable to establish the principle that       5.
     raw materials used in animal nutrition must be sound,
     genuine and of merchantable quality; whereas, therefore,
     it is necessary to prohibit the use or putting into circula-
     tion of feed materials which, because they contain too           96/25/EC - Art. 14 (2) (e)
     high a level of undesirable substances or products, result
     in the maximum levels for compound feedingstuffs laid
     down in Annex I being exceeded;
(10) Whereas it is proper to limit the presence of certain un-        86/299/EEC
     desirable substances or products in complementary feed-          (adapted)
     ingstuffs by fixing appropriate maximum levels;
(11) Whereas Member States should retain the power, if ani-           74/63/EEC
     mal or human health is endangered, to reduce tempo-
     rarily the fixed maximum permissible levels or to fix
     maximum levels for other substances or products or to
     prohibit the presence of such substances or products in
     feedingstuffs; whereas in order that a Member State
     should not abuse that power, possible amendments to
     Annexes I and II based on supporting documents should
     be decided on by emergency Community procedure;
(12) Whereas feedingstuffs satisfying the requirements of this    13.
     Directive should not be subject, with regard to their lev-
     el of undesirable substances and products, to restrictions
     on their entry into circulation other than those provided
     for in this Directive;
                                                       18
 ---pagebreak---                                                                                                  • Us ...
    (13)   Whereas, in order to ensure that the requirements laid      12.
           down in respect of undesirable substances and products
           are satisfied during marketing of feedingstuffs, Member
           States must make appropriate control arrangements;
    (14)   Whereas, as part of the information system introduced         7. 92/88/EEC
           by this Directive within the official control departments,
           Member States should also be informed by operators of
           cases where the provisions of this Directive are not com-
           plied with; whereas, in such cases, Member States are
           required to take all measures to enable the use in ani-
           mal nutrition of undesirable substances and products to
           be excluded; whereas Member States are, where ap-
           propriate, obliged to ensure that consignments of feed           96/25/EC - Art. 14 (2) (e)
           materials or feedingstuffs are destroyed, if this has been
           decided by its owner;
    (15)   Whereas an appropriate Community procedure is essen-        10.  74/63/EEC
           tial to adjust the technical provisions laid down in An-
           nexes I and II, to developments in scientific and techni-
           cal knowledge;
    (16)   Whereas, in order to facilitate implementation of the        14.
           proposed measures, a procedure should be laid down to
           establish close cooperation between Member States and
           the Commission within the Standing Committee for
           Feedingstuffs       set    up   by     Council     Decision
           70/372/EEC( 1 );
    (17)   Whereas this Directive should not affect the obligations
           of the Member States concerning the deadlines for
           transposition of the Directives set out in Annex III,
           part B,
           HAS ADOPTED THIS DIRECTIVE:
(')    OJ No L 170, 3. 8. 1970, p. 1.
                                                             19
 ---pagebreak---                                                                                         1*.
                            Article 1
1. This Directive deals with undesirable substances and        86/354/EEC - Art. 1 (2) (a)
products in animal nutrition.
2. This Directive shall apply without prejudice to the         74/63/EEC
provisions on:
(a) additives in feedingstuffs;
(b) the marketing of feedingstuffs;
(c) the fixing of maximum permitted levels for pesticide       91/132/EEC - Art. 1 (1)
     residues on and in products intended for animal feed-
     ing, where these residues are not listed in Part B of
     Annex I;
(d) micro-organisms in feedingstuffs;                          80/502/EEC - Art. 1 (1)
(e) certain products used in animal nutrition;                 86/354/EEC - Art. 1 (2) (b)
(f)  feedingstuffs for particular nutritional purposes.        93/74/EEC-Art. 11(1)
                            Article 2
For the purposes of this Directive, the following definitions  74/63/EEC
shall apply:
(a) feedingstuffs: products of vegetable or animal origin,     86/354/EEC - Art. 1 (3) (a)
      in their natural state, fresh or preserved, and products
     derived from the industrial processing thereof, and
     organic or inorganic substances, used singly or in mix-
     tures, whether or not containing additives, for oral
      animal feeding;
(b) "feed materials": various products of vegetable or ani-    96/25/EC - Art. 14 (2) (b)
      mal origin, in their natural state, fresh or preserved,
      and products derived from the industrial processing
      thereof, and organic or inorganic substances, whether
     or not containing additives, which are intended for
     use in oral animal feeding, either directly as such or
     after processing, in the preparation of compound
     feedingstuffs or as carriers of premixtures;
(c) complete feedingstuffs: mixtures of feedingstuffs          74/63/EEC
     which, by reason of their composition, are sufficient
      for a daily ration;
(d) complementary feedingstuffs: mixtures of feedingstuffs
     which have a high content of certain substances and
     which, by reason of their composition, are sufficient
      for a daily ration only if they are used in combination
      with other feedingstuffs;
(e) "compound feedingstuffs": mixtures of feed materials,      96/25/EC - Art. 14 (2) (c)
      whether or not containing additives, which are in-
      tended for oral animal feeding as complete or com-
      plementary feedingstuffs;
                                              20
 ---pagebreak--- (f)   daily ration: the average total quantity of feeding-  74/63/EEC
      stuffs, calculated on a moisture content of 12 %,
      required daily by an animal of a given species, age
      category and yield, to satisfy all its needs;
(g) animals: animals belonging to species normally          92/88/EEC - Art. 1 (1)
      nourished and kept or consumed by man as well as
      animals living freely in the wild in cases where they
      are nourished with feedingstuffs;
(h) pet animals: animals belonging to species normally      80/502/EEC - Art. 1 (3)
      nourished and kept but not consumed by man, except
      animals bred for fur production;
                           Article 3                                                          Article 2a
1. Member States shall prescribe that feed materials may    92/88/EEC - Art. 1 (2) - 96/25/EC
only be put into circulation in the Community if they are   - Art. 14 (2) (e)
sound, genuine and of merchantable quality.
2. In particular, and subject to the provisions in Part A
of Annex II, feed materials cannot be considered as sound,  96/25/EC - Art. 14 (2) (e)
genuine and of merchantable quality if the level of un-
desirable substances or products is so high as to make it
impossible to respect the maximum levels fixed for com-
pound feedingstuffs in Annex I.
                           Article 4                                                           Artiste o
1. Member States shall prescribe that the substances and    86/354/EEC - Art. 1 (4)
products listed in Annex I shall be tolerated in feeding-
stuffs only under the conditions therein set out.
2. Member States may authorize the maximum per-
mitted levels provided for in Annex I in respect of
feedingstuffs to be exceeded in the case of fodder which is
produced and used in the same state on the same agricul-
tural holding, where this is necessary for particular local
reasons. The Member States concerned shall ensure that
neither animal nor human health can suffer harm thereby.
                           Article 5                                                          Article 3a
1. Member States shall prescribe that the feed materials    86/354/EEC - Art. 1 (5) - 96/25/EC
listed in Annex II (A) may be put into circulation only if  - Art. 14 (2) (e) - 92/88/EEC - Art. 1 (3)
their content of the undesirable substance or product men-
tioned in column 1 of the said Annex does not exceed the
maximum level laid down in column 3 of that Annex.
                                              21
 ---pagebreak---                                                                                       lf
2. Where the content of the undesirable substance or         86/354/EEC - Art. 1 (5)
product listed in column 1 of Annex II (A) exceeds the
level laid down in column 3 of Annex I in respect of feed    96/25/EC - Art. 14 (2) (a)
materials, the feed materials listed in column 2 of Annex    96/25/EC - Art. 14 (2) (e)
II (A) may, without prejudice to paragraph 1, be put into    92/88/EEC - Art. 1 (3)
circulation only if:
(a) it is intended for use by establishments which meet      95/69/EC - Art. 18
      the conditions of Council Directive 95/69/EC ( J ),    (adapted)
      and
(b) it is accompanied by a document stating:                 86/354/EEC - Art. 1 (5)
      —    that the feed materials are intended for manufac- 96/25/EC - Art. 14 (2) (e)
           turers of compound feedingstuffs who fulfil the
           conditions laid down in paragraph (a),
      —    that the feed materials may not be fed unpro-     96/25/EC - Art. 14 (2) (e)
           cessed to livestock,
      —    the amount of the undesirable substance or
           product contained in the raw material.
3. Member States shall prescribe that paragraph 2 (a)
and (b) shall also apply to the feed materials and un-       96/25/EC - Art. 14 (2) (e)
desirable substances or products listed in Annex II (B) the
maximum level of which is not restricted in Annex II (A),
if the level of the undesirable substance or product present
in the feed materials exceeds that laid down in column 3     96/25/EC - Art. 14 (2) (e)
of Annex I for the corresponding feed materials.             96/25/EC - Art. 14 (2) (a)
                           Article 6                                                          Allkk .*ft
Member States may restrict the application of Article 5 (2)
(a) to those manufacturers of compound feedingstuffs who
use the materials in question for the production and the
putting into circulation of compound feedingstuffs.
                           Article 7                                                          Artiçk k
Member States shall prescribe that a consignment of a        92/88/EEC - Art. I (4) - %/25 EC
feed material detailed in Part A of Annex II with a con-     - A r t . 14 (2) (e)
tent of an undesirable substance or product higher than
the maximum level fixed in column 3 of the abovemen-
tioned Annex must not be mixed with other consignments
of feed materials or with consignments of feedingstuffs.     96/25/EC - Art. 14 (2) (e)
 (») OJ No L 332,30.12. 1995, p. 15.
                                            22
 ---pagebreak---                            Article 8                                                            Article 4
Member States shall prescribe that in so far as there are     74/63/EEC
no special provisions for complementary feedingstuffs,
these may not — allowing for the dilutions prescribed for
their use — contain levels of the substances and products
listed in Annex I in excess of those fixed for complete       86/354/EEC - Art. 1 (6)
feedingstuffs.
                           Article 9                                                            Article 5
1. Where a Member State, as a result of new informa-          86/354/EEC - Art. 1 (7) (a)
tion or of a reassessment of existing information made
since the provisions in question were adopted, has detailed
grounds for establishing that a maximum content fixed in
Annex I or II or a substance or product not listed therein
constitutes a danger to animal or human health or the
environment, that Member State may provisionally reduce
that content, fix a maximum content or prohibit the
presence of that substance or product in feedingstuffs or
feed materials. It shall immediately inform the other Mem-    96/25/EC - Art. 14 (2) (e)
ber States and the Commission thereof, giving reasons for
its decision.
2. In accordance with the procedure laid down in Article      74/63/EEC
 14, an immediate decision shall be made as to whether the    86/354/EEC - Art. 1 (7) (b)
Annexes should be modified. So long as no decision has
been made by either the Council or the Commission the
Member State may maintain the measures it has
implemented.
                           Article 10                                                            Article 6
In accordance with the procedure laid down in Article 13      86/354/EEC - Art. 1 (8)
and in the light of developments in scientific and technical
knowledge:
(a) the amendments to be made to the Annexes shall be
      adopted;
(b) a consolidated version of the Annexes shall be drawn
      up periodically incorporating the successive amend-
      ments made pursuant to (a);
(c) criteria for the acceptability of feed materials which    96/25/EC - Art. 14 (2) (e)
      have undergone certain decontamination processes
      may be defined.
                          Article 11                                                             Article 7
Member States shall ensure that feedingstuffs and feed        74/63/EEC - 96/25/EC - Art. 14 (2) (e)
materials which conform to this Directive are not subject
to any other restrictions on their circulation as regards the 92/88/EEC - Art. 1 (5)
presence of undesirable substances and products.
                                            23
 ---pagebreak---                                                                                       w . r
                           Article 12                                                       Article 8
 1. Member States shall take all necessary measures to       86/354/EEC-Art. 1(11) (a)
ensure that feedingstuffs and feed materials are officially  96/25/EC - Art. 14 (2) (e)
controlled, at least by random sampling, to verify whether
the conditions laid down in this Directive are satisfied.
2. Member States shall inform the other Member States        74/63/EEC
and the Commission of the name of the departments
appointed to carry out this control.
3. Member States shall prescribe that where an operator      92/88/EEC - Art. 1 (6) (a)
(importer, producer, etc.) or a person who, by virtue of his
professional activities, possesses, or has possessed, or has
had direct contact with a consignment of feed materials or   96/25/EC - Art. 14 (2) (e)
of feedingstuffs and has knowledge to the effect that:
—     the consignment of feed materials is unsuitable for    96/25/EC - Art. 14 (2) (e)
      any use in animal feedingstuffs because of contamina-
      tion by an undesirable substance or product listed in
      Annexes I and II, and therefore does not meet the
      provisions of Article 3 (1) and consequently consti-
      tutes a serious risk for animal and public health;
—     the consignment of feedingstuffs does not meet the
      provisions of Annex I, and therefore constitutes a
      serious risk for animal and public health;
such a person or operator shall immediately inform the
official authorities even if the destruction of the consign-
ment is envisaged.
After verifying the information received, Member States
shall ensure that, in the case of a contaminated consign-
ment, the measures necessary are taken to ensure that the
consignment is not used in animal nutrition.
Member States shall ensure that the final destination of
the contaminated consignment, including possible destruc-
tion, cannot have harmful effects on public or animal
health or on the environment.
4. If a consignment of feed materials or a consignment       92/88/EEC - Art. 1 (6) (b)
of feedingstuffs is likely to be sent to a Member State      - 96/25/EC - Art. 14 (2) (e)
after it has been judged not to comply with the provisions
of this Directive on account of an excessive content of
undesirable substances or products in another Member
State, the latter Member State shall immediately give the
other Member States and the Commission any useful in-
formation concerning that consignment.
                                            24
 ---pagebreak---                           Article 13                                                  Article 9
1. Where the procedure laid down in this Article is to       74/63/EEC
be followed, matters shall be referred without delay by the
Chairman, either on his own initiative or at the request of
a Member State, to the Standing Committee for Feeding-
stuffs, hereinafter called the 'Committee'.
2. The representative of the Commission shall submit to      95/1/EC, Euratom, ECSC
the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according to
the urgency of the matter. The opinion shall be delivered
by the majority laid down in Article 148 (2) of the Treaty
in the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the Com-
mittee shall be weighted in the manner set out in that Ar-
ticle. The Chairman shall not vote.
The Commission shall adopt the measures envisaged if         87/373/EEC
they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered, the
Commission shall, without delay, submit to the Council a
proposal relating to the measures to be taken. The Council
shall act by a qualified majority.
If, on the expiry of a period to be laid down in each act to
be adopted by the Council under this paragraph but which
may in no case exceed three months from the date of re-
ferral to the Council, the Council has not acted, the pro-
posed measures shall be adopted by the Commission, save
where the Council has decided against the said measures
by a simple majority.
                           Article 14                        74/63/EEC               Ankle. Ji)
 1. Where the procedure laid down in this Article is to
be followed, matters shall be referred to the Committee
without delay by the Chairman, either on his own initiative
or at the request of a Member State.
2. The representative of the Commission shall submit to       95/1/EC, Euratom, ECSC
 the Committee a draft of the measures to be taken. The
 Committee shall deliver its opinion within two days. The
opinion shall be delivered by the majority laid down in
Article 148 (2) of the Treaty in the case of decisions which
 the Council is required to adopt on a proposal from the
 Commission. The votes of the representatives of the Mem-
ber States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not
vote.
The Commission shall adopt the measures envisaged if         74/63/EEC
they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered, the
Commission shall, without delay, submit to the Council a
proposal relating to the measures to be taken. The Council
shall act by a qualified majority.
                                            25
 ---pagebreak--- If, on the expiry of a period to be laid down in each act to  87/373/EEC
be adopted by the Council under this paragraph but which
may in no case exceed 15 days from the date of referral to
the Council, the Council has not acted, the proposed mea-
sures shall be adopted by the Commission, save where the
Council has decided against the said measures by a simple
majority.
                          Article 15                                                 Article 1J
1. The Member States shall apply at least the provisions      92/88/EEC - Art. 1 (7)
of this Directive to feedingstuffs intended for export to
third countries.
2. Paragraph 1 does not affect the right of Member
States to allow the re-exportation to the exporting third
country of consignments of feedingstuffs which do not ful-
fil the requirements of this Directive.
                          Article 16
1. The Directives listed in Annex III Part A, are hereby
repealed, without prejudice to the obligations of the Mem-
ber States concerning the deadlines for transposition of
those Directives, as set out in Annex III Part B.
2. References to the repealed Directives shall be con-
strued as references to this Directive and should be read
in accordance with the correlation table in Annex IV.
                          Article 17
This Directive shall enter into force the twentieth day fol-
lowing that of its publication in the Official Journal of the
European Communities.
                          Article 18
This Directive is addressed to the Member States.
 Done at Brussels,
                                             For the Council
                                               The President
                                             26
 ---pagebreak---                                                                                                                                xy.^. ~.m
                                                             ANNEX I                                                                 97/8/EC - Art.
                            (Article 3 (2), Article 4, Article 5 (2) and (3), Article 8, Article 12 (3))
                                                                                                     Maximum content in mg/kg
                                                              Feedingstuffs                        (ppm) relative to a feedingstuff
       Substances, products
                                                                                                     with a moisture content of
                                                                                                                12%
               (1)                                                 (2)                                           (3)
A. Substances (ions or elements)
   1. Arsenic                         Feed materials with the exception of:                                       2
                                      — meal made from grass, from dried lucerne and                              4
                                           from dried clover, and dried sugar beet pulp and
                                           dried molasses sugar beet pulp
                                      — phosphates and feedingstuffs obtained from the                            10
                                           processing of fish or other marine animals
                                       Complete feedingstviffs with the exception of:
                                       — complete feedingstuffs for fish                                          4
                                       Complementary feedingstuffs with the exception of:                         4
                                       — Mineral feedingstuffs                                                    12
   2. Lead                             Feed materials with the exception of:                                      10
                                       — green fodder                                                            40
                                       — phosphates                                                              30
                                       — yeasts                                                                   5
                                       Complete feedingstuffs                                                     5
                                       Complementary feedingstuffs with the exception of:                         10
                                       — Mineral feedingstuffs                                                    30
   3. Fluorine                         Feed materials with the exception of:                                     150
                                       — feedingstuffs of animal origin                                          500
                                       — phosphates                                                             2 000
                                       Complete feedingstuffs with the exception of:                             150
                                       — complete feedingstuffs for cattle, sheep and goats
                                           — in milk                                                              30
                                           — other                                                                50
                                       — complete feedingstuffs for pigs                                         100
                                       — complete feedingstuffs for poultry                                      350
                                       — complete feedingstuffs for chicks                                       250
                                       Mineral mixtures for cattle, sheep and goats                          2 000 (!)
                                       Other complementary feedingstuffs                                       125(2)
   4. Mercury                          Feed materials with the exception of:                                     0.1
                                       — feedingstuffs produced by the processing of fish or                     0,5
                                           other marine animals
                                       Complete feedingstuffs with the exception of:                             0,1
                                       — complete feedingstuffs for dogs and cats                                0,4
                                       Complementary feedingstuffs except:                                       0,2
                                       — complementary feedingstuffs for dogs and cats
                                                                      27
 ---pagebreak---                                                                                      Maximum content in mg/kg
                                                                                                                    97/8/EC - Art. 1
                                                                                   (ppm) relative to a feedingstuff
       Substances, products                       Feedingstuffs                      with a moisture content of
                                                                                                 12%
               (1)                                     (2)                                        (3)
   5. Nitrites              Fish meal                                                             60
                                                                                    (expressed as sodium ni-
                                                                                                trite)
                            Complete feedingstuffs excluding:                                     15
                            — feedingstuffs intended for pets except birds and      (expressed as sodium ni-
                                aquarium fish                                                   trite)
   6. Cadmium               Feed materials of vegetable origin                                     1
                            Feed materials of animal origin except:                                2
                            — feedingstuffs for pets
                            Phosphates                                                          |0(-')
                            Complete feedingstuffs for cattle, sheep and goats ex-                 I
                            cept:
                            — complete feedingstuffs for calves, lambs and kids
                            Other complete feedingstuffs except:                                  0.5
                            — feedingstuffs for pets
                            Mineral feedingstuffs                                               5( 4 )
                            Other complementary feedingstuffs for cattle, sheep                   0,5
                            and goats
B. Products
   1. Aflatoxin B]          Feed materials with the exception of:                                0.05
                            — Groundnut, copra, palm-kernel, cotton seed, ba-                    0.02
                                bassu, maize and products derived from the pro-
                                cessing thereof
                            Complete feedingstuffs for cattle, sheep and goats                   0.05
                            with the exception of:
                            — dairy cattle                                                     0.005
                            — calves and lambs                                                   0.01
                            Complete feedingstuffs for pigs and poultry (except                  0.02
                            young animals)
                            Other complete feedingstuffs                                         0,01
                            Complementary feedingstuffs for cattle, sheep and                    0,05
                            goats (except complementary feedingstuffs for dairy
                            animals, calves and lambs)
                            Complementary feedingstuffs for pigs and poultry (ex-                0,03
                            cept young animals)
                            Other complementary feedingstuffs                                   0,005
    2. Hydrocyanic acid      Feed materials with the exception of:                                50
                            — linseed                                                             250
                             — linseed cakes                                                      350
                             — manioc products and almond cakes                                   100
                             Complete feedingstuffs with the exception of:                         50
                             — complete feedingstuffs for chicks                                   10
                                                           28
 ---pagebreak---                                                                                            Maximum content in mg/kg       97/8/EC - Art. 1
                                                                                         (ppm) relative to a feedingstuff
     Substances, products                              Feedingstuffs                       with a moisture content of
                                                                                                      12%
             (1)                                            (2)                                        (3)
3. Free Gossypol                  Feed materials with the exception of:                                20
                                  — cotton-seed cakes                                                1200
                                  Complete feedingstuffs with the exception of:                        20
                                  — complete feedingstuffs for cattle, sheep and goats                500
                                  — complete feedingstuffs for poultry (except laying                 100
                                      hens) and calves
                                  — complete feedingstuffs for rabbits and pigs (except                60
                                      piglets)
4. Theobromine                    Complete feedingstuffs with the exception of:                       300
                                  — complete feedingstuffs for adult cattle                           700
5. Volatile mustard oil           Feed materials with the exception of:                               100
                                  — rape-seed cakes                                                  4000
                                                                                             (expressed as allyl
                                                                                               isothiocyanate)
                                  Complete feedingstuffs with the exception of:                       150
                                                                                             (expressed as allyl
                                                                                               isothiocyanate)
                                  — complete feedingstuffs for cattle, sheep and goats               I 000
                                      (except young animals)                            (expressed as allyl isothio-
                                                                                                   cyanate)
                                      complete feedingstuffs for pigs (except piglets)                500
                                      and poultry                                           (expressed as allyl
                                                                                               isothiocyanate)
6. Vinyl thiooxazolidone          Complete feedingstuffs for poultry with the exception              1000
    (Vinyloxazolidine thione)     of:
                                  — complete feedingstuffs for laying hens                            500
7. Rye Ergot (Claviceps pur-      AH feedingstuffs containing unground cereals                       1000
    purea)
8. Weed seeds and unground All feedingstuffs                                                         3 000
    and uncrushed fruits con-
    taining alkaloids, gluco-
    sides or other toxic sub-
    stances separately or in
    combination including
    (a) Lolium temulentum L,                                                                         1000
    (b) Lolium remotum                                                                               1000
         Schrank,
    (c) Datura stramonium L.                                                                         1 OCX)
9. Castor oil plant       Ricinus All feedingstuffs                                                    10
    communis L.                                                                         (expressed in terms of cas-
                                                                                            tor-oil plant husks)
10. Crotalaria spp.               All feedingstuffs                                                   100
                                                              29
 ---pagebreak---                                                                                  Maximum content in mg/kg       97/8/EC - Art. 1
                                                                               (ppm) relative to a feedingstuff
     Substances, products                              Feedingstuffs             with a moisture content of
                                                                                            12%
              (1)                                           (2)                               (3)
11. Aldrtn        singly or
                  combined           All feedingstuffs with the exception of:               0,01
                  expressed as       — fats                                                  0,2
12. Dieldrin      dieldrin
13. Camphechlor (Toxaphene)      All feedingstuffs                                           0,1
14. Chlordane (sum of cis- All feedingstuffs with the exception of:                         0,02
    and trans-isomers and of — fats                                                         0,05
    oxychlordane, expressed as
    chlordane)
15. DDT (sum of DDT-, All feedingstuffs with the exception of:                              0.05
    TDE- and DDE-isomers, — fats                                                             0.5
    expressed as DDT)
16. Endosulfan (sum of alpha- All feedingstuffs with the exception of:                       0.1
    and beta-isomers and of — maize
                                                                                             0.2
    endosulfansulphate       ex-
    pressed as endosulfan)       — oilseeds                                                  0.5
                                 — complete feedingstuffs for fish                         0.005
17. Endrin (sum of endrin and All feedingstuffs with the exception of:                      0.01
    of delta-ketoi-endrin, ex- — fats
                                                                                            0.05
    pressed as endrin)
18. Heptachlor (sum of hep- All feedingstuffs with the exception of:                        0.01
    tachlor and of heptachlor- — fats
    epoxide, expressed as hep-                                                               0.2
    tachlor)
19. Hexachlorobenzene (HCB) All feedingstuffs with the exception of:                        0.01
                                 — fats                                                      0.2
20. Hexachlorocyclo-hexane
    (HCH)
    20.1. alpha-isomers          AU feedingstuffs with the exception of:                    0.02
                                 — fats                                                      0.2
    20.2. beta-isomers           Compound feedingstuffs with the exception of:              0.01
                                 — feedingstuffs for dairy cattle                          0.005
                                 Feed materials with the exception of:                      0,01
                                 — fats                                                      0,1
    20.3 gamma-isomers           All feedingstuffs with the exception of:                    0,2
                                 — fats                                                      2,0
                                                              30
 ---pagebreak---                                                                                                       Maximum content in mg/kg       97/8/EC - Art. 1
                                                                                                    (ppm) relative to a feedingstuff
          Substances, products                               Feedingstuffs                            with a moisture content of
                                                                                                                 12%
                  (1)                                             (2)                                             (3)
C. Botanical impurities:
    1. Apricots — Prunus arme-
        niaca L.
    2. Bitter almond — Prunus
        dulcis (Mill.) D. A. Webb
        var. amara (DC.) Focke
        (= Prunus amygdalus Batsch
        var. amara (DC.) Focke)
    3. Unhusked beech mast —
        Fagus silvatica L.
    4. Camelina — Camelina sati-
        va (L) Crantz
    5. Mowrah, Bassia, Madhuca
        — Madhuca longifolia (L.)
         Macbr. (= Bassia longifolia
         L. = lllipe malabrorum
         Engl.)    Madhuca indica                                                                      Seeds and fruit of the
         Gmelin (= Bassia latifolia                                                                    plant species listed op-
         Roxb. = lllipe latifolia                                                                       posite- as well as their
         (Roscb.) F. Mueller)                                                                           processed derivatives
                                            All feedingstuffs
         Purghera -      Jatropha cur-                                                                  may only be present in
        cas L.                                                                                          feedingstuffs in trace
                                                                                                        amounts not quantita-
        Croton —        Croton tiglium                                                                  vely determinable
         L.
    8. Indian mustard — Brassica
        juncea (L.) Czern. and
         Coss.     ssp.     integrifolia
         (West.) Thell.
    9. Sareptian mustard — Bras-
        sica juncea (L.) Czern. and
         Coss. ssp. juncea
    10. Chinese mustard — Brassi
        ca juncea (L.) Czern. and
         Coss. ssp. juncea var. lutea
         Batalin
    11. Black mustard — Brassica
        nigra (L.) Koch
    12. Ethiopian mustard — Bras-
        sica carinata A. Braun
(') Member States may also prescribe a maximum fluorine content of 1,25 % of the phosphate content.
(2) Fluorine content per 1 % phosphorus.
r4) Member States may also prescribe a maximum cadmium content of 0,5 mg per 1 % phosphorus.
()  Member States may also prescribe a maximum cadmium content of 0,75 mg per 1 % phosphorus.
                                                                     31
 ---pagebreak---                                                             ANNEX II                                                           97/8/EC - Art. 1
                                                              PART A
                                                (Article 3 (2), Article 5, Article 7)
                                                                                                  Maximum content in mg/kg
        „ , .            . .                                 _ , . ..                               (ppm) relative to feed ma-
        Substances, rproducts                                Feed matenals                         >rr. , ... _ . .
                                                                                                   tenais with a moisture con-
                                                                                                          tent of 12%
                (!)                                                (2)                        ~                 (3)
1. Aflatoxin Bi                         Groundnut, copra, palm-kernel, cotton seed, babassu,                    0,2
                                        maize and products derived from the processing
                                        thereof
2. Cadmium                              Phosphates                                                            10(')
3. Arsenic                              Phosphates                                                              20
(') Member States may also prescribe a maximum cadmium content of 0,5 mg per I % phosphorus.
                                                              PARTB
                                                           (Article 5 (3))
                     Substances, products                                               Feed materials
                              (1)                                                            (2)
A. Substances (ions or elements)
    1. Arsenic                                                 All feed materials with the exception of:
                                                               - phosphates
    2. Lead                                                    All feed materials
    3. Fluorine                                                All feed materials
    4. Mercury                                                 All feed materials
    5. Nitrites                                                Fish meal
    6. Cadmium                                                 All feed materials of vegetable origin
                                                               AH feed materials of animal origin with the exception of.
                                                               - feed materials for pets
B. Products
    1. Aflatoxin Bj                                           All feed materials with the exception of:
                                                               -   Groundnut, copra, palm-kernel, cotton seed, babassu,
                                                                   maize and products derived from the processing thereof
    2  Hydrocyanic acid                                       All feed materials
    3. Free Gossypol                                          All feed materials
    4. Volatile mustard oil                                    All feed materials
    5. Rye Ergot (Claviceps purpurea)                          Unground cereals
                                                                     32
 ---pagebreak---                                                                                                    97/8/EC - Art. 1
                     Substances, products                                           Feed materials
                             (1)                                                         (2)
   6. Weed seeds and unground and uncrushed fruits All feed materials
       containing alkaloids, glucosides or other toxic
       substances separately or in combination includ-
       ing
       a)    Lolium temulentum L ,
       b)    Lolium remotum Schrank,
       c)    Datura stramonium L ,
   7. Castor oil plant — Rizinus communis L.                 All feed materials
   8. Crotalaria spp.                                        All feed materials
   9. Aldrin
                                    singly or combined           All Iced materials
                                    expressed as dieldrin
   10. Dieldrin
   11. Camphechlor (Toxaphene)                               All feed materials
   12. Chlordane (sum of cis- and trans-isomers and All feed materials
       oxychlordane, expressed as chlordane)
   13. DDT (sum of DDT-, TDE- and DDE-isomers, All feed materials
       expressed as DDT)
   14. Endosulfan (sum of alpha- and beta-isomers and All feed materials
       endosulfan sulphate expressed as endosulfan)
   15. Endrin (sum of endrin and of delta-ketoendrin, All feed materials
       expressed as endrin)
   16. Heptachlor (sum of heptachlor and of heptach- All feed materials
       lor-epoxide, expressed as heptachlor)
   17. Hexachlorobenzene (HCB)                               All feed materials
   18. Hcxachlorocyclohexanc (HCH)
        18.1.alpha-isomer                                    All feed materials
       18.2.beta-isomer                                      All feed materials
        18.3. gamma-isomer                                   All feed materials
C. Botanical impurities
   1. Apricots - Prunus armeniaca L                          All feed materials
   2. Bitter almond - Prunus dulcis (Mill.) D. A. All feed materials
       Webb var. amara (DC.) Focke (= Prunus amyg-
       dalus Batsch var. amara (DC.) Focke)
   3. Unhusked beech mast - Fagus silvatica (L.)             All feed materials
   4. Camelina - Camelina saliva (L.) Crantz                 All feed materials
   5. Mowrah, Bassia, Madhuca - Madhuca longifolia All feed materials
       (L.) Macbr. (= Bassia longifolia L. = lllipe mal-
       ahrorum Engl.) Madhuca indica Gmelin ( = Bas-
       sia latifolia (Roscb.) = lllipe latifolia (Roscb.) F.
       Mueller)
                                                                    33
 ---pagebreak---                                                                                            ,r
                                                                                              >UM
                                                                                               97/8/EC - Art. 1
                Substances, products                                  Feed materials
                        _                                                  _         _ . _
6. Purghera - Jatropha curcas L.                   All feed materials
7. Croton - Croton tiglium L.                      All feed materials
8. Indian mustard — Brassica juncea (L.) Czern.    All feed materials
    and Coss. ssp. integrifolia (West.) Thell.
9. Sareptian mustard - Brassica juncea (L.) Czern. All feed materials
    and Coss. ssp. juncea
10. Chinese mustard - Brassica juncea (L.) Czern.  All feed materials
    and Coss. ssp. juncea var. lutea Batalin
11. Black mustard - Brassica nigra (L.) Koch       All feed materials
12. Ethiopian mustard - Brassica carinata A. Braun All feed materials
                                                          34
 ---pagebreak---                                                               ANNEX III
                                                                Part A
                                                          Repealed Directives
                                                      (referred to by Article 16)
 Council Directive 74/63/EEC and its suc-
 cessive amendments
 Commission Directive 76/14/F.I-X'
 Commission Directive 76/934/1 • I •;<•
 Council Directive 80/502/1W
 Commission Directive 83/381/EEC
 Commission Directive 86/299/EEC
 Council Directive 86/534/EEC              only Article 1
 Commission Directive 87/238/EEC
 Commission Directive 91/126/EEC
Council Directive 91/132/EEC
Council Directive 92/63/EEC
Council Directive 92/88/EEC
Council Directive 93/74/EEC
Commission Directive 94/16/EC
                                          only concerning references made to the provisions of
                                          Directive 74/63/EEC in Article 11 (1)
Council Directive 95/69/EC                only Article 18
Commission Directive 96/6/EC
Council Directive 96/25/EC                only Article 14.(2)
Commission Directive 97/8/EC
                                                             35
 ---pagebreak---                                                                 Part B
                                            Deadlines for transposition into national law
                                                      (referred to by Article 16)
                            Directive                                                     Deadline for transposition
Directive 74/63/EEC (OJ No L 38, 11. 2. 1974, p. 31)                 1 January 1976
Directive 76/14/EEC (OJ No L 4, 9. 1. 1976, p. 24)                   1 April 1976
Directive 76/934/EEC (OJ No L 364. 31. 12. 1976, p. 20)              1 March 1977
Directive 80/502/EEC (OJ No L 124, 20. 5. 1980, p. 17)               1 July 1981
Directive 83/381/EEC (OJ No L 222, 13. 8. 1983, p. 31)              31 December 1983
Directive 86/299/EEC (OJ No L 189, 11. 7. 1986, p. 40)              3 December 1987
Directive 86/354/EEC (OJ No L 212, 2. 8. 1986, p. 27)               3 December 1988
Directive 87/238/EEC (OJ No L 110, 25. 4. 1987, p. 25)              3 December 1988
Directive 91/126/EEC (OJ No L 60, 7. 3. 1991, p. 16)                30 November 1991
Directive 91/132/EEC (OJ No L 66, 13. 3. 1991, p. 16)                1 August 1991
Directive 92/63/EEC (OJ No L 221, 6. 8. 1992, p. 49)                31 March 1993
Directive 92/88/EEC (OJ No L 321, 6. 11. 1992, p. 24)               31 December 1993
Directive 93/74/EEC (OJ No L 237, 22. 9. 1993, p. 23)               30 June 1995
Directive 94/16/EC (OJ No L 104, 23. 4.1994, p. 32)                  1 March 1995
Directive 95/69/EC (OJ No L 332, 30. 12. 1995, p. 15)                1 April 1998
Directive 96/6/EC (OJ No L 49, 28. 2. 1996, p. 29)                  31 July 1996
Directive 96/25/EC (OJ No L 125, 23. 5. 1996, p. 35)                30 June 1998
Directive 97/8/EC (OJ No L 48, 19. 2. 1997, p. 22)                  30 June 1998
                                                                 36
 ---pagebreak---                         ANNEX IV
                    CORRELATION TABLE
Directive 74/63/EEC          This Directive
Article 1                    Article 1
Article 2 (a)                Article 2 (a)
Article 2 (b)                Article 2 (b)
Article 2 (d)                Article 2 (c)
Article 2 (c)                Article 2 (d)
Article 2 (h)                Article 2 (e)
Article 2 (i)
Article 2 (c)                Article 2 (f)
Article 2 (f)                Article 2 (g)
Article 2 (g)                Article 2 (h)
Article 2a                   Article 3
Article 3                    Article .4
Article 3a                   Article 5
Article 3b                   Article 6
Article 3c                   Article 7
Article 4                    Article 8
Article 5                    Article 9
Article 6                    Article 10
Article 6a
Article 7                    Article 11
Article 8(1)                 Article 12(1)
Article 8 (2)                Article 12(2)
Article 8 (2a)               Article 12(3)
Article 8 (3)                Article 12 (4)
Article 9                    Article 13
Article 10                   Article 14
Article 11                   Article 15
                             Article 16
                             Article 17
                             Articlel8
ANNEX I                      ANNEX!
ANNEX II                    ANNEX II
                            ANNEXIII
                            ANNEX IV
                         37
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 453 final
                                             DOCUMENTS
EN                                                            02  03 05 06
                                    Catalogue number : CB-CO-98-465-EN-C
                                                             ISBN 92-78-38309-0
Jllice lor Olficial Publications oflhc EM,opean Communities
L-2985 Luxembourg
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