Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs

COUNCIL DIRECTIVE  of 17 December 1973  on the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs  (74/63/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Communtiy, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas livestock production occupies a very important place in the agriculture of the Community ; whereas satisfactory results depend to a large extent on the use of appropriate good-quality feedingstuffs;
Whereas the existence of rules concerning feedingstuffs is essential to an increase in agricultural productivity;
Whereas feedingstuffs often contain undesirable substances or products which can endanger animal health or, because of their presence in livestock products, human health;
Whereas it is impossible to exclude totally the presence 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 effects ; whereas it is at present impossible to fix this content below the levels detectable by methods of analysis to be defined for the Community;
Whereas undesirable substances and products may be 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 feeding;
Whereas Member States should, however, retain the power to allow, under certain conditions, feedingstuffs having levels of undesirable substances and products higher than those provided for in the Annex;
Whereas the provisions laid down in the Member States by law, regulation or administrative action concerning the maximum permitted levels for undesirable substances and products in feedingstuffs, in so far as they exist, differ as regards their basic principles ; whereas it follows that they directly affect the functioning of the common market and should therefore be harmonized;
Whereas Member States should retain the power, if animal or human health is endangered, to reduce temporarily 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 the Annex to this Directive based on supporting documents should be decided on by emergency Community procedure;
Whereas an appropriate Community procedure is essential to adjust the technical provisions laid down in the Annex, to developments in scientific and technical knowledge;
Whereas the regulations of third countries relating to undesirable substances and products may be different from those provided for by this Directive ; whereas, therefore, Member States should be allowed to refrain from applying such provisions to feedingstuffs exported to those countries;
Whereas, in order to ensure that the requirements laid down in respect of undesirable substances and products are satisfied during marketing of feedingstuffs, Member States must make appropriate control arrangements;
Whereas, feedingstuffs satisfying these requirements should not be subject, with regard to their level of undesirable substances and products, to marketing restrictions other than those provided for in this Directive;  (1)OJ No C 10, 5.2.1972, p. 35. (2)OJ No C 4, 20.1.1972, p. 3.
Whereas, in order to facilitate implementation of the 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 the Council Decision of 20 July 1970 (1),