Proposal for a European Parliament and Council Directive amending Directive 79/373/EEC on the marketing of compound feedingstuffs and Directive 96/25/EC on the circulation of feed materials (98/C 261/03) COM(1998) 435 final - 98/0238(COD)

(Submitted by the Commission on 13 July 1998)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

Whereas Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC (1) establishes the principle of allocating an approval number to certain establishments or intermediaries; whereas, for reasons of transparency and in order to facilitate checks, the registration number should be required to be shown on the label or in the document accompanying the compound feedingstuffs as is provided for already in respect of the approval number;

Whereas, in accordance with Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (2), Commission Decision 91/516/EEC (3) establishes a list of ingredients whose use is prohibited in compound feedingstuffs for reasons related to the protection of animal and human health; whereas this ban does not, however, cover the circulation of those ingredients or their use as such by livestock farmers;

Whereas in order to remedy this situation, it is necessary, firstly, to widen the scope of Directive 96/25/CE of 29 April 1996 on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC (4), so that irrespective of the purpose for which they are intended not only may feed materials be put into circulation but also used only if they are sound, genuine and of merchantable quality and represent no danger to animal or human health; whereas secondly, a list of feed materials whose use is prohibited in animal nutrition should be drawn up to replace Commission Decision 91/516/EEC, so that the scope of the prohibition is general and applies both to the use of the feed materials as such as well as to their use in compound feedingstuffs; whereas Directive 79/373/EEC should be amended accordingly;

Whereas experience has also shown that certain by-products which have been subjected to industrial processes may contain substances which, although not representing a threat to animal or human health, may have an unfavourable impact on the environment; whereas it is therefore necessary to also provide that feed materials must not present a threat to the environment;

Whereas Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin, and amending Directive 90/425/EEC (5), lays down the rules for the placing on the market of animal waste intended for uses other than human consumption;

Whereas Council Directive 96/25/EC lays down rules applying to labelling providing users with accurate information concerning the identity of the products and any restrictions on their use;

Whereas there is a need to ensure that instruments relating to animal nutrition and to the veterinary sector are in perfect concordance;

Whereas, in order to provide users and control authorities with the means to verify without difficulty origin and compliance with the health guarantees offered by feed materials with regard to Directive 90/667/EEC, it is necessary to include among the indications required for those animal waste products the name and address of the producing establishment, the approval number and the reference number of the batch or any other particulars that will ensure that the feed material can be traced,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 79/373/EEC is amended as follows:

1. In Article 5(1), point (k) is replaced by the following:

'(k) from 1 April 2001, the approval number allocated to the establishment in accordance with Article 5 or the registration number allocated to the establishment in accordance with Article 10 of Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector.`

2. In Article 10, point (c) is deleted.

3. In Article 10(e), the words 'and the lists referred to in points (b) and (c)` are deleted.

4. In Article 10a, the following paragraph is added:

'3. Member States shall prescribe that the feed materials appearing on the list provided for in Article 11(c) of Directive 96/25/EC may not be used in the preparation of compound feedingstuffs.`

Article 2

Directive 96/25/EC is amended as follows:

1. The title is replaced by the following:

'Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC`.

2. Article 1(1) is replaced by the following:

'1. This Directive shall apply to the circulation and use of feed materials within the Community.`

3. Article 3 is replaced by the following:

'Article 3

Without prejudice to the obligations arising under other Community provisions, Member States shall prescribe that feed materials may circulate or be used in the Community only if they are sound, genuine and of merchantable quality. They shall prescribe that these materials may represent no danger to animal or human health or to the environment and may not be put into circulation in a manner that is liable to mislead.`

4. In Article 5(1), point (g) is replaced by the following:

'(g) the name or business name and the address or registered place of business of the producing establishment, the approval number and the reference number of the batch or any other particulars which ensure that the feed material can be traced, where the establishment must be approved in accordance with Council Directive 90/667/EEC;

(h) the name or business name and the address or registered place of business of the person responsible for the particulars referred to in this paragraph, if different from the producer referred to in point (g).`

5. Article 11 is amended as follows:

(a) The words 'Article 14` are replaced by 'Article 13`;

(b) Point (b) is replaced by the following:

'(b) a list of feed materials whose circulation and use are prohibited shall be established in order to ensure compliance with Article 3;

(c) amendments to the Annex and to the list referred to in point (b) shall be adopted in the light of advances in scientific and technical knowledge.`

Article 3

1. Member States shall adopt and publish not later than 30 June 1998 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall inform the Commission thereof forthwith. The provision adopted shall apply from 1 July 1998.

Where the Member States adopt provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 4

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

(1) OJ L 332, 30.12.1995, p. 15.

(2) OJ L 86, 6.4.1979, p. 30. Directive last amended by Commission Directive 97/47/EC (OJ L 211, 5.8.1997, p. 45).

(3) OJ L 281, 9.10.1991, p. 23. Decision last amended by Commission Decision 97/582/EC (OJ L 237, 28.8.1997, p. 39).

(4) OJ L 125, 23.5.1996, p. 35.

(5) OJ L 363, 27.12.1990, p. 51. Directive last amended by the Act of Accession of Austria, Finland and Sweden (OJ C 241, 29.8.1994, p. 155).