31980L0509

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( 1 ) OJ NO L 86 , 6 . 4 . 1979 , P . 30 .

FIRST COMMISSION DIRECTIVE

OF 2 MAY 1980

AMENDING THE ANNEX TO COUNCIL DIRECTIVE 79/373/EEC ON THE MARKETING OF COMPOUND FEEDINGSTUFFS

( 80/509/EEC )

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL DIRECTIVE 79/373/EEC OF 2 APRIL 1979 ON THE MARKETING OF COMPOUND FEEDINGSTUFFS ( 1 ), AND IN PARTICULAR ARTICLE 10 ( A ) THEREOF ,

WHEREAS , IN VIEW OF PROGRESS MADE IN SCIENCE AND TECHNOLOGY , THE ANNEX TO THE ABOVEMENTIONED DIRECTIVE MUST BE AMENDED AS TO THE TOLERANCES TO BE PERMITTED WHERE , ON OFFICIAL INSPECTION , THE COMPOSITION OF A COMPOUND FEEDINGSTUFF IS FOUND TO DEPART FROM THAT DECLARED BY THE MANUFACTURER ;

WHEREAS SUCH TOLERANCES ARE NECESSARY TO ALLOW FOR DEVIATIONS DUE TO THE METHOD USED FOR SAMPLING THE FEEDINGSTUFF , THE MANUFACTURING PROCESS OR ANALYTICAL ERROR ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

ITEM 9 OF THE ANNEX TO DIRECTIVE 79/373/EEC IS AMENDED TO READ AS FOLLOW :

' 9 . WHERE , ON OFFICIAL INSPECTION PURSUANT TO ARTICLE 12 , THE COMPOSITION OF A COMPOUND FEEDINGSTUFF IS FOUND TO DEPART FROM THE DECLARED COMPOSITION , THE FOLLOWING MINIMUM TOLERANCES SHALL BE PERMITTED , SUBJECT TO ARTICLE 3 :

9.1 . WHERE THE CONTENT RECORDED IS LESS THAN THE DECLARED CONTENT :

9.1.0 . CRUDE PROTEIN :

- 2 UNITS FOR DECLARED CONTENTS OF 20 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 20 % BUT NOT LESS THAN 10 % ,

- 1 UNIT FOR DECLARED CONTENTS OF LESS THAN 10 % .

9.1.1 . SOLUBLE PROTEIN :

- 3 UNITS FOR DECLARED CONTENTS OF 25 % OR MORE ,

- 12 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 25 % BUT NOT LESS THAN 15 % ,

- 1.8 UNITS FOR DECLARED CONTENTS OF LESS THAN 15 % .

9.1.2 . TOTAL SUGAR :

- 2 UNITS FOR DECLARED CONTENTS OF 20 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 20 % BUT NOT LESS THAN 10 % ,

- 1 UNIT FOR DECLARED CONTENTS OF LESS THAN 10 % .

9.1.3 . STARCH :

- 2.5 UNITS FOR DECLARED CONTENTS OF 25 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 25 % BUT NOT LESS THAN 10 % ,

- 1 UNIT FOR DECLARED CONTENTS OF LESS THAN 10 % .

9.1.4 . CRUDE OILS AND FATS :

- 1.5 UNITS FOR DECLARED CONTENTS OF 15 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 15 % BUT NOT LESS THAN 8 % ,

- 0.8 UNIT FOR DECLARED CONTENTS OF LESS THAN 8 % .

9.1.5 . SODIUM AND MAGNESIUM :

- 1.5 UNITS FOR DECLARED CONTENTS OF 15 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 15 % BUT NOT LESS THAN 7.5 % ,

- 0.75 UNIT FOR DECLARED CONTENTS OF LESS THAN 7.5 % BUT NOT LESS THAN 5 % ,

- 15 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 5 % BUT NOT LESS THAN 0.7 % ,

- 0.1 UNIT FOR DECLARED CONTENTS OF LESS THAN 0.7 % .

9.1.6 . TOTAL PHOSPHORUS AND CALCIUM :

- 1.2 UNITS FOR DECLARED CONTENTS OF 16 % OR MORE ,

- 7.5 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 16 % BUT NOT LESS THAN 12 % ,

- 0.9 UNIT FOR DECLARED CONTENTS OF LESS THAN 12 % BUT NOT LESS THAN 6 % ,

- 15 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 6 % BUT NOT LESS THAN 1 % ,

- 0.15 UNIT FOR DECLARED CONTENTS OF LESS THAN 1 % .

9.1.7 . MENTHIONINE AND LYSINE :

- 15 % OF THE DECLARED CONTENT .

9.1.8 . CYSTINE :

- 20 % OF THE DECLARED CONTENT .

9.2 . WHERE THE CONTENT RECORDED IS MORE THAN THE DECLARED CONTENT :

9.2.1 . MOISTURE :

- 1 UNIT FOR DECLARED CONTENTS OF 10 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 10 % BUT NOT LESS THAN 5 % ,

- 0.5 UNIT FOR DECLARED CONTENTS OF LESS THAN 5 % .

9.2.2 . CRUDE ASH :

- 1 UNIT FOR DECLARED CONTENTS OF 10 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 10 % BUT NOT LESS THAN 5 % ,

- 0.5 UNIT FOR DECLARED CONTENTS OF LESS THAN 5 % .

9.2.3 . CRUDE FIBRE :

- 1.8 UNITS FOR DECLARED CONTENTS OF 12 % OR MORE ,

- 15 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 12 % BUT NOT LESS THAN 6 % ,

- 0.9 UNIT FOR DECLARED CONTENTS OF LESS THAN 6 % .

9.2.4 . ASH INSOLUBLE IN HYDROCHLORIC ACID :

- 1 UNIT FOR DECLARED CONTENTS OF 10 % OR MORE ,

- 10 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 10 % BUT NOT LESS THAN 4 % ,

- 0.4 UNIT FOR DECLARED CONTENTS OF LESS THAN 4 % .

9.3 . WHERE THE VARIATION NOTED IS IN THE OPPOSITE DIRECTION TO THOSE REFERRED TO RESPECTIVELY IN 9.1 . AND 9.2 :

9.3.1 . - CRUDE PROTEIN , CRUDE OILS AND FATS , TOTAL SUGAR , STARCH : TOLERANCE TWICE THAT PERMITTED FOR THESE SUBSTANCES IN 9.1 ,

- TOTAL PHOSPHORUS , CALCIUM , MAGNESIUM , SODIUM , CRUDE ASH , CRUDE FIBRE : TOLERANCE THREE TIMES THAT PERMITTED FOR THESE SUBSTANCES IN 9.1 AND 9.2 . '

ARTICLE 2

THE MEMBER STATES SHALL BRING INTO FORCE THE NECESSARY LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS TO ENABLE THEM TO COMPLY WITH THIS DIRECTIVE WITH EFFECT FROM 1 JANUARY 1981 AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 2 MAY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT