CELEX: 51990PC0321
Language: en
Date: 1990-07-13
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 74/63/EEC ON THE FIXING OF MAXIMUM PERMITTED LEVELS FOR UNDESIRABLE SUBSTANCES AND PRODUCTS IN FEEDINGSTUFFS

23. 8. 90                             Official Journal of the European Communities                               No C 210/5
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Directive amending Directive 74/63/EEC on the fixing of maximum
                          permitted levels for undesirable substances and products in feedingstuffs
                                                     COM(90) 321 final
                                       (Submitted by the Commission on 25 July 1990)
                                                        (90/C 210/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, for this reason, pesticides should be used in
                                                                  such a way as not to involve any danger for human
                                                                  health;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43
thereof,
                                                                  Whereas, insofar as a few Member States have already
Having regard to the proposal from the Commission,                laid down maximum permitted levels for certain pesticide
                                                                  residues, these levels differ and constitute obstacles to
                                                                  the free circulation of feedingstuffs within the
Having regard      to   the   opinion    of  the  European        Community; whereas it is therefore desirable to
Parliament,                                                       approximate the existing provisions by inserting them
                                                                  into the abovementioned Directive, which is the appro-
                                                                  priate framework for this purpose;
Having regard to the opinion of the Economic and
Social Committee,
                                                                  Whereas, in an initial stage, it would appear justifiable to
Whereas Council Directive 74/63/EEC (') as last                   fix in respect of feedingstuffs maximum levels for a
amended by Commission Directive 87/238/EEC (2),                   group of very persistent and harmful active substances
expressly excludes pesticide residues from its field of           which are or have been used in pesticides, namely orga-
application;                                                      nochlorine compounds; whereas Member States may
                                                                  therefore maintain the maximum levels they have fixed
Whereas the presence of pesticide residues in feeding-            for residues of pesticides other than those listed in part B
stuffs may, in the same way as the presence of residues           of Annex I until a Community decision is taken in
                                                                  accordance with the provisions laid down for
of certain products and substances which are already
                                                                  amendment of the Annexes;
subject to control, entail risks for human health, since in
general toxic substances or preparations with dangerous
effects are involved;
                                                                  Whereas by its judgement in Case 11/88 the Court of
Whereas it is advisable to disregard the fact that                Justice declared void Council Directive 87/519/EEC ( 3 );
pesticides — unlike most of the undesirable substances            whereas it is therefore necessary to adopt a new
and products for which rules have hitherto been adopted           Directive on the appropriate legal basis;
— are used deliberately by man to protect plant
products, since they are not added to feedingstuffs or to
the components thereof; whereas, nevertheless, their
possible presence constitutes a source of danger in the           Whereas, given this situation, the deadline for transpo-
same way as that of the substances and products already           sition originally laid down by the void Directive may be
covered by Directive 74/63/EEC;                                   maintained,
(') OJ No L 38, 11. 2. 1974, p. 31.
(2) OJ No L 110, 25. 4. 1987, p. 25.                              (3) OJ No L 304, 27. 10. 1987, p. 38.
 ---pagebreak--- No C 210/6                              Official Journal of the European Communities                                       23. 8. 90
HAS ADOPTED THIS DIRECTIVE:                                               '(c) the fixing of maximum permitted levels for
                                                                                pesticide residues on and in products intended for
                                                                                animal feeding, inasmuch as these residues are
                                                                                not listed in part B of Annex 1.'
                            Article 1
Directive 74/63/EEC is hereby amended as follows:
                                                                      2. The following headings shall be added to Part B of
1. Article 1 (2) (c) is replaced by the following:                       Annex 1:
11. Aldrin                                                                    All feedingstuffs, with the exception of:   0,01
                  singly or combined expressed as dield rin
12. Dieldrin                                                                  — fats                                      0,2
13. Camphechlor (Toxaphene)                                                   All feedingstuffs                           0,1
14. Chlordane (sum of cis- and transisomers arid of oxychlordane,             All feedingstuffs, with the exception of:   0,02
    expressed as chlordane)
                                                                              — fats                                      0,05
15. D D T (sum of DDT-, TDE- and DDE-isomers, expressed as                    All feedingstuffs, with the exception of:   0,05
    DDT)
                                                                              — fats                                      0,5
16. Endosulfan (sum of alpha- and beta-isomers and of endosulfan-             All feedingstuffs, with the exception of:   0,1
    sulphate, expressed as endosulfan)
                                                                              — maize                                     0,2
                                                                              — oilseeds                                  0,5
                                                                              — complete feedingstuffs for fish           0,005
17. Endrin (sum of endrin and of delta-keto-endrin, expressed as              All feedingstuffs, with the exception of:   0,01
    endrin)
                                                                              — fats                                      0,05
18. Heptachlor (sum of heptachlor       and   of  heptachlor-epoxide,         All feedingstuffs, with the exception of:   0,01
    expressed as heptachlor)
                                                                              — fats                                      0,2
19. Hexachlorobenzene (HCB)                                                   All feedingstuffs, with the exception of:   0,01
                                                                              — fats                                      0,2
20. Hexachlorocyclohexane (HCH)
    20.1. alpha-isomer                                                        All feedingstuffs, with the exception of:   0,02
                                                                              — fats                                      0,2
    20.2. beta-isomer                                                         Compound feedingstuffs,                     0,01
                                                                              — with the exception of       feedingstuffs
                                                                                  for dairy cattle                        0,005
                                                                              Straight feedingstuffs, with the exception
                                                                              of:                                         0,01
                                                                              — fats                                      0,1
    20.3. gamma-isomer                                                        All feedingstuffs, with the exception of:   0,2
                                                                              — fats                                      2,0
3. The heading of the third column in the table in Part               provisions necessary to comply with this Directive. They
   C of Annex 1 is replaced by the following:                         shall forthwith inform the Commission thereof.
   'Maximum content in mg/kg (ppm) of feedingstuffs
   referred to a moisture content of 12 %'.                           These provisions shall make express reference to this
                                                                      Directive.
                            Article 2
                                                                                                   Article 3
Member States shall bring into force not later than 3
December 1990, the laws, regulations or administrative                This Directive is addressed to the Member States.