Recommendation 2011/25 - 2011/25/EU: Commission Recommendation of 14 January 2011 establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products - Main contents
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official title
2011/25/EU: Commission Recommendation of 14 January 2011 establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products Text with EEA relevance| Legal instrument | Recommendation |
|---|---|
| Number legal act | Recommendation 2011/25 |
| CELEX number i | 32011H0025 |
| Document | 14-01-2011 |
|---|---|
| Publication in Official Journal | 15-01-2011; OJ L 11 p. 75-79 |
| Effect | 14-01-2011; Entry into force Date of document |
| End of validity | 31-12-9999 |
15.1.2011 |
EN |
Official Journal of the European Union |
L 11/75 |
COMMISSION RECOMMENDATION
of 14 January 2011
establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products
(Text with EEA relevance)
(2011/25/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (1), and in particular Article 7(1) thereof,
Whereas:
(1) |
The distinction between feed materials, feed additives and other products such as veterinary drugs has implications for the conditions for their placing on the market, depending on the relevant applicable legislation, |
(2) |
Feed business operators and national competent control authorities are frequently confronted with questions regarding the classification of products, which might jeopardise the marketing of feed throughout the European Union. |
(3) |
In order to avoid inconsistencies in the treatment of such products, to facilitate the work of the national competent authorities and to help the interested economic operators to act in a framework providing an appropriate level of legal certainty, non-binding guidelines for the distinction between feed materials, feed additives and other kinds of products should be established. |
(4) |
The measures provided for in this Recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS RECOMMENDATION:
For the distinction between feed materials, feed additives and other kinds of products the guidelines provided in the Annex to this Recommendation should be taken into account.
Done at Brussels, 14 January 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
GUIDELINES FOR THE DISTINCTION BETWEEN FEED MATERIALS, FEED ADDITIVES AND OTHER PRODUCTS
These guidelines are intended to assist the national competent authorities and the feed business operators to enforce and to apply the relevant legislation.
They are based on the provisions laid down in the legislative framework governing the different kinds of products concerned, with a particular view to the definitions of these products provided therein, in order to identify indications for a distinction between the product types.
For any product, the criteria proposed for the distinction between the different kinds of products should not be applied subsequently but simultaneously in order to create a profile of each specific product, taking into account all its characteristics. None of the criteria can be used exclusively or takes precedence over another.
Analogy with other products cannot be used as a discriminatory criterion but may be helpful to review a decision already made based on the application of the established criteria. However, it can also be used to check for consistency.
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1.Feed legislation
1.1. Legal texts
The following definitions can be found in the relevant legislation:
Article 3(4) of Regulation (EC) No 178/2002 (1): ‘feed’: any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals. Following on from this broad definition of feed, recital 3 of Regulation (EC) No 767/2009 states that ‘feed may take the form of feed materials, compound feed, feed additives, premixtures or medicated... |
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