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dossier	COM(1994)313 - Proposal for a COUNCIL DIRECTIVE the circulation of feed materials amending directives 70/524/EEC, 74/63/EEC, 80/511/EEC, ...
document	COM(1994)313
date	April 29, 1996

Article 1

1. This Directive shall apply to the circulation of feed materials within the Community.

2. This Directive shall apply without prejudice to other Community provisions in the field of animal nutrition.

Article 2

For the purposes of this Directive the following definitions shall apply:

(a) 'feed materials`: various products of vegetable or animal 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;

(b) 'putting into circulation` ('circulation`): the holding of feed materials for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale and other forms of transfer themselves.

Article 3

Member States shall prescribe that feed materials may circulate in the Community only of they are sound, genuineAA-1 and of merchantable quality. They shall prescribe that such feed materials may represent no danger to animal or human health and may not be put into circulation in a manner liable to mislead.

Article 4

Member States shall prescribe that the general provisions laid down in Part A of the Annex shall apply to the putting into circulation of feed materials.

Article 5

1. Member States shall prescribe that feed materials may not be put into circulation unless the particulars listed below, which must be properly visible, legible and indelible and for which the producer, packer, importer, seller or distributor, established within the Community, shall be held responsible, are shown on an accompanying document or where appropriate on the packaging, on the container or on a label attached thereto:

(a) the words 'feed material`;

(b) the name of the feed material and where appropriate the other particulars referred to in Article 7;

(c) for feed materials listed in Part B of the Annex, the particulars provided for in the fourth column of Part B of the Annex;

(d) for feed materials which are not listed in Part B of the Annex, the particulars provided for in the second column of the table in Part C of the Annex;

(e) where appropriate, the particulars provided for in Part A of the Annex;

(f) the net quantity expressed in units of mass in the case of solid products, and in units of mass or volume in the case of liquid products;

(g) 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.

2. Other information may be given on packaging, containers, labels and accompanying documents provided that such information relates to objective or quantifiable parameters which can be substantiated and that it cannot mislead the purchaser. This information must be separate from the information referred to in paragraph 1.

3. For quantities of feed materials less than or equal to 10 kg, intended for the final user, the particulars provided for in paragraphs 1 and 2 may be given to the purchaser by means of an appropriate notice at the point of sale.

4. If a batch is divided during circulation, the particulars referred to in paragraph 1, together with a reference to the initial batch, must be repeated on the packaging, container or accompanying document of each division of the batch.

5. Where the composition of a feed material in circulation is changed, the particulars referred to in paragraph 1 must be changed accordingly under the responsibility of the person providing the new particulars.

Article 6

1. By way of derogation from Article 5, the particulars referred to in Article 5 (1) (c) and (d) and points 2 and 3 of heading V of Part A of the Annex shall not be required where:

(a) before each transaction the purchaser has stated in writing that he does not require this information;

(b) without prejudice to Directive 90/667/EEC (15), feed materials of animal or vegetable origin, fresh or preserved, whether or not subject to a simple physical treatment, in quantities less than or equal to 10 kg, intended for pet animals and supplied directly to the final user by a seller established in the same Member State, are put into circulation.

2. Where, in the case of feed materials from a third country put into circulation in the Community for the first time, it has not been possible to provide the guarantees regarding composition required in Article 5 (1) (c) and (d) and points 2 and 3 of heading V of Part A of the Annex owing to the absence of means of assuring the analytic measurements necessary in the country concerned, Member States may allow provisional composition data to be supplied by the person responsible referred to in Article 5 (1) (g) provided that:

(a) the competent authorities responsible for checks are informed in advance of the arrival of the feed material;

(b) the definitive particulars of composition are provided to the purchaser and the competent authorities within 10 working days of the date of its arrival in the Community;

(c) the particulars of composition on the documents are accompanied by the following indications in bold type:

'provisional data to be confirmed by . . . (name and address of the laboratory instructed to carry out the analyses) regarding . . . (reference number of the sample to be analysed) before . . . (date)`;

(d) Member States inform the Commission of the circumstances in which they applied the derogation referred to in this paragraph.

3. By way of derogation from Article 5:

(a) the particulars referred to in Article 5 (1) shall not be required, without prejudice to Directive 90/667/EEC, in the case of products of vegetable or animal origin in their natural state, fresh or preserved, whether or not subjected to a simple physical treatment and not treated with additives, except for preservatives, which are provided by a farmer-producer to a breeder-user, both of whom are established in the same Member State;

(b) the particulars referred to in Article 5 (1) (c), (d), (e) and (f) and Part A of the Annex shall not be required where by-products of vegetable or animal origin derived from agro-industrial processing, with a moisture content greater than 50 %, are put into circulation.

4. By way of derogation from Article 5 (1) (a):

- in German the designation 'Futtermittel-Ausgangserzeugnis` may be replaced by 'Einzelfuttermittel`,

- in Italian the designation 'materie prime per alimenti degli animali` may be replaced by 'mangime semplice`,

- in Greek the designation 'ðñþôç ýëç æùïôñïöþí` may be replaced by 'áðëÞ æùïôñïöÞ`.

Article 7

1. Member States shall lay down that the feed materials listed in Part B of the Annex may circulate only under the names specified therein and on conditions that they correspond to the descriptions given therein.

2. Member States shall allow the circulation of feed materials other than those on the list referred to in paragraph 1, provided that such materials circulate under names and/or with terms other than those listed in the Annex which cannot mislead the purchaser as to the real identity of the product offered to him.

Article 8

Member States shall prescribe that:

(a) feed materials containing a level of undesirable substances or products in excess of that permitted for feed materials under Directive 74/63/EEC may be put into circulation only if they are intended for approved establishments manufacturing compound feed entered on a national list in accordance with Directive 95/69/EC;

(b) by way of derogation from Article 5 (1) (a), feed materials within the meaning of point (a) of this Article must be labelled 'feed material intended for approved establishments manufacturing compound feed`. Article 6 (4) shall apply.

Article 9

For the purpose of circulation within the Community, the indications printed on the accompanying document, on the packaging, on the container or on a label attached thereto shall be written in at least one or several languages which the country of destination shall determine from among the national or official languages of the Community.

Article 10

Member States shall ensure that feed materials are not subject, for reasons connected with the provisions of this Directive, to restrictions of circulation other than those laid down in this Directive.

Article 11

In accordance with the procedure laid down in Article 14:

(a) a numerical coding system for the listed feed materials based on glossaries concerning the origin, part of the product/by-product used, processing and maturity/quality of the feed materials enabling feed to be identified at international level - in particular by name and description - may be adopted;

(b) the Annex may be amended in the light of advances in scientific and technical knowledge.

Article 12

Member States shall make all necessary arrangements for compliance with the requirements of this Directive to be officially monitored, at least by sampling during circulation.

Article 13

1. The Commission shall be assisted by the Standing Committee on Feedingstuffs, set up by Council Decision 70/372/EEC (16), hereinafter referred to as 'the Committee`.

2. Where the procedure laid down in this Article is to be followed, the Chairman shall, without delay, refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.

3. The representative of the Commission shall submit to 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 in question. 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 Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

4. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion.

(b) When the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith 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 of three months from the date of referral of the proposal to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority.

Article 14

1. Directive 70/524/EEC is hereby amended as follows:

(a) in all cases the term 'straight feedingstuffs` shall be replaced by the term 'feed materials`;

(b) Article 2 (f) shall be replaced by the following:

'(f) 'feed materials': various products of vegetable or animal 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) Article 2 (g) shall be replaced by the following:

'(g) 'compound feedingstuffs': mixtures of feed materials, whether or not containing additives, which are intended for oral animal feeding as complete or complementary feedingstuffs;`.

2. Directive 74/63/EEC is hereby amended as follows:

(a) in all cases the terms 'straight feedingstuff(s)` shall be replaced by the term 'feed material(s)`;

(b) Article 2 (b) shall be replaced by the following:

'(b) 'feed materials': various products of vegetable or animal 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) Article 2 (h) shall be replaced by the following:

'(h) 'compound feedingstuffs': mixtures of feed materials, whether or not containing additives, which are intended for oral animal feeding as complete or complementary feedingstuffs;`;

(d) Article 2 (i) shall be deleted;

(e) in all cases the term 'raw material(s)` shall be replaced by 'feed material(s)`.

3. Article 1 (2) of Directive 82/471/EEC is hereby amended as follows:

(a) the words 'of straight feedingstuffs and` in point (d) shall be deleted;

(b) the following point shall be added:

'(g) the circulation of feed materials.`.

4. Directive 93/74/EEC is hereby amended as follows:

(a) the term 'ingredients` in Article 5 (8) shall in each case be replaced by the term 'feed materials`;

(b) Article 2 (b) shall be replaced by the following:

'(b) 'compound feedingstuffs': mixtures of feed materials, whether or not containing additives, which are intended for oral animal feeding as complete or complementary feedingstuffs;`.

Article 15

Directive 77/101/EEC shall be repealed as from 1 July 1998.

Article 16

On the basis of information supplied by the Member States, the Commission shall submit a report to the Council before 1 July 2001 on the experience acquired in applying Article 6 (1) (a), (2) and (3) (a) accompanied, when necessary, by appropriate proposals.

Article 17

Member States shall bring into force not later than 30 June 1998 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 18

The provisions adopted shall apply as from 1 July 1998. Member States shall, however, lay down that feed materials put into circulation before 1 July 1998 which do not comply with this Directive may remain in circulation until 30 June 1999.

Article 19

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 20

This Directive is addressed to the Member States.