Proposal for a Regulation of the European Parliament and of the Council on the placing on the market and use of feed

Inhoud

Delen

enveloppe
  1. Tekst
  2. Originele weergave
  1. Meer informatie

1.

Tekst

At its meeting on 20-21 October 2008, the Working Party examined Articles 8, 10, 11, 13, 16, 17,

21, 25-27, 30 and the Annexes of the Presidency compromise text. Delegations will find in the

Annex the results of the Working Party proceedings.

Delegations have also been invited to submit comments on the amendments voted by the European

Parliament Committee on Agriculture and Rural Development.

While discussing the amendments related to the Community catalogue, delegations felt that a

notification system could be envisaged in order to make sure that all feed materials on the market

are known by control authorities. However, delegations strongly expressed the need to avoid the

creation of a bureaucratic system that would lead to the creation of a positive list.

With regard to the amendments related to claims, delegations discussed the need to harmonise the

interpretation of claims and the need to avoid the creation of a positive list through an obligation to

list all used feed materials in the Catalogue.

Regarding proposed amendments on the open declaration of compound feed composition, the

delegations expressed willingness to take into consideration eliminating the manufacturer's right to

refuse providing information on the composition, after proving that this information could be

commercially sensitive or could infringe his intellectual property rights.

_______________________

ANNEX

2008/0050 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the placing on the market and use of feed

(Text with EEA relevance)

Article 8

Content of feed additives

  • 1. 
    Without prejudice to the conditions of use provided for in the relevant legal act authorising 1

the respective feed additive, feed materials and complementary feed shall not contain feed additives incorporated at levels more than 100 times the relevant fixed maximum content in

complete feed or five times in case of coccidiostats and histomonostats.

2

  • 2. 
    By way of derogation from the first paragraph, the factor 100 for feed materials or complementary feed may be exceeded if the composition of such products meets the particular

nutritional purpose in respect of the relevant intended use according to Article 10. The conditions of

34

use for complementary feed shall be further specified in the list of intended uses.

1

Two delegations (DELETED) raised the issue that the definition of complementary feed does not cover all the products present on the market, such as some vitamins that have less than 2 materials in composition, which would thus need to be categorised as pre-mixtures, while one delegation (DELETED) and the Commission representative disagreed with this view. While agreeing with the Commission's explanation on this issue, two delegations (DELETED) suggested including transitional measures as a possible solution. 2

Three delegations (DELETED) suggested excluding feed materials from this paragraph, while another delegation (DELETED) disagreed. 3

Three delegations (DELETED) suggested including a more specific reference to the Regulation (EC) 183/2005, in particular to Article 10. 4

Two delegation (DELETED) suggested including feed materials in the last sentence of this paragraph.

Article 10

List of intended uses of feed intended for particular nutritional purposes

  • 1. 
    The Commission may update the list of intended uses by adding an intended use, withdrawing an intended use or by adding, removing or changing the conditions associated to 1

such intended use.

  • 2. 
    The procedure for updating the list of intended uses may be started on application made by a physical or legal person established in the Community or by a Member State. Such an application shall be submitted to the Commission. A valid application shall include a dossier demonstrating that the specific composition of the feed meets the particular intended nutritional purpose and that it has no adverse effects on animal health, human health, the environment and animal welfare. 3. The Commission shall forthwith make the application including the dossier available to the Member States.
  • 4. 
    If, on the basis of available scientific and technical information, the Commission, has reasons to believe that the use of the specific feed may not meet the particular intended nutritional purpose or may have adverse effects on animal health, human health, the environment or animal welfare, the Commission shall, within three months after receiving a valid application, seek an opinion from the European Food Safety Authority (`the Authority'). The Authority shall give an opinion within six months of receipt of the request. This time limit shall be extended whenever the Authority seeks supplementary information from the applicant .
  • 5. 
    Within six months after receiving a valid application or, where appropriate, after receiving the opinion of the Authority, the Commission shall adopt a Regulation updating the list of intended uses if the conditions as laid down in paragraph (2) are met. . Those measures which are designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(6).
  • 6. 
    By way of derogation from paragraph 5 and in accordance with the advisory procedure referred to in Article 29(2), the Commission shall, where appropriate, after receiving the opinion of the Authority, end the procedure and decide not to proceed with the update, at any stage of the procedure, if it judges that such an update is not justified. In such cases, where applicable, the Commission shall inform the applicant and the Member States directly, indicating in its letter the reasons for not considering the update justified. 7. The Commission may establish, in accordance with the regulatory procedure referred to in Article 29(3) implementing rules, including rules concerning the preparation and presentation of the application.

1

One delegation (DELETED) suggested replacing "to" with "with".

Article 11

General principles

  • 1. 
    The labelling and the presentation of feed shall not mislead the user, in particular:

(a) as to the intended use or characteristics of the feed, in particular, the nature, method of manufacture or production, identity 1

, properties, composition, quantity, durability,

species or categories of animals for which it is intended;

(b) by attributing to the feed effects or characteristics that it does not possess or by suggesting that it possesses special characteristics when in fact all similar feeds possess such characteristics, or (c) as to the compliance of the labelling to the Community Catalogue and the Community Codes referred to in Articles 25 and 26.

  • 2. 
    Feed materials or compound feed marketed in bulk or in unsealed packages or containers in accordance with Article 23(2) shall be accompanied by a document containing all mandatory labelling particulars in accordance with this Regulation 3. Where feed is offered for sale by means of distance communication as defined in Article 2 of Directive 97/7/CE of the European Parliament and of the Council 2

the mandatory

labelling particulars required by this Regulation, except for the particulars provided in Articles 15 (b), (d), (e) and

3

17(1d), shall appear on the material supporting the distance

selling or be provided through other appropriate means in good time prior to the conclusion of a distance contract. The particulars provided in Articles 15 (b), (d), (e) and 17(1 d) shall be provided at the latest at the time of delivery of the feed.

1

One delegation (DELETED) requested clarification of the term "identity". 2

OJ L 144, 4.6.1997, p. 19. 3

One delegation (DELETED) requested insertion of the Article 16(2) (c) in this paragraph.

  • 4. 
    Labelling provisions additional to those set forth in this Chapter are laid down in Annex II.
  • 5. 
    Permitted tolerances for discrepancies between the labelled compositional values of a feed material or compound feed and the values analysed in official controls in compliance with Regulation (EC) No 882/2004 are listed in Annex III to this Regulation.

Article 13

Claims

  • 1. 
    The labelling and the presentation of feed material and compound feed may draw particular attention to the presence or the absence of a substance in the feed, to a specific nutritional characteristic or process or to a specific function related to any of these, provided that the following conditions are met: (a) the claim is objective, verifiable by the competent authorities and understandable by the user of the feed, and

(b) the person responsible for the labelling provides on request of the authority responsible for carrying out official controls a scientific substantiation by generally accepted scientific evidence of the truthfulness of the claim, either via publicly available scientific evidence or through documented company research. The scientific substantiation shall be available at the time the feed is placed on the market. In the case where the authority responsible for carrying out official controls has doubts in respect of existence of sufficient scientific substantiation of the claim concerned, it may submit the issue to the Commission. The Commission may adopt a decision, where appropriate after obtaining an opinion from the Authority, according to the procedure laid down in Article 29(2). 1

  • 2. 
    Without prejudice to paragraph 1, claims concerning optimisation of the nutrition and support or protection of the physiological conditions are permitted if they are not based on an action as mentioned in paragraph (3a). 3. The labelling or the presentation of feed shall not claim that

(a) it will prevent, treat or cure a disease, except for coccidiostats and histomonostats as authorised under Regulation 1831/2003, this subparagraph, however shall not apply to claims concerning prevention of non-pathological nutritional unbalances. (b) it has a particular nutritional purpose as provided for in the list of intended uses as referred to in Article 9, unless it satisfies the requirements laid down therein.

1

One delegation (DELETED) expressed doubts regarding the use of this procedure and the role that EFSA might play in the quest for harmonisation of interpretation of claims across EU Member States. Another delegation (DELETED) felt that this paragraph might be difficult to implement in practice.

(c) It has properties or functions referred to in Annex I of Regulation 1831/2003, unless it contains feed additives authorised in the respective functional group. 1

  • 4. 
    Specifications to the requirements laid down in paragraphs 1 and 2 may be included in the Community Codes referred to in Article 26.

Article 16

Specific mandatory labelling requirements for feed materials

  • 1. 
    In addition to the requirements provided for in Article 15, the labelling of feed materials shall also include: (a) the name of the feed material in compliance with Article 25(5);

(b) compulsory declaration corresponding to the respective category as set out in the list in Annex IV; the compulsory declaration may be replaced by the particulars laid down in the Community Catalogue referred to in Article 25 for the respective category. 2

3

  • 2. 
    In addition to the requirements provided for in paragraphs 1 and 2 , the labelling of feed materials shall include the following: or when additives are incorporated in feed materials:
  • a) 
    the species or categories of animals for which the feed material is intended where the respective additives have not been authorised for all animals species or have been authorised with maximum limits for some species; b) instructions for proper use in accordance with Annex II (5); where a maximum content of the respective additives is set c) minimum storage life for additives other than technological ones. 4
  • 3. 
    The conditions of use of such complementary feed should appear on the labelling in order to ensure that the respective contents of feed additives in the daily ration are complied with.

1

One delegation (DELETED) suggested inserting "specifications referred to in the requirements". 2

Two delegations (DELETED) highlighted that this paragraph should not lead to the creation of a positive list. 3

One delegation (DELETED) expressed doubts about the reference to paragraphs 1 and 2. 4

One delegation (DELETED) suggested replacing "complementary feed" by "feed materials".

Article 17

Specific mandatory labelling requirements for compound feed 1 1. In addition to the requirements provided for in Article 15, the labelling of compound feed shall also include the following: (a) the species or categories of animals for which the compound feed is intended;

(b) the instructions for proper use indicating the purpose for which the feed is intended in accordance with Annex II (5); 2

(c) in case the producer is not the person responsible for labelling particulars, the following shall be provided:

­ the name or business name and address of the producer, or

­ the approval number of the producer as referred to in Article 15 (c) or an identifying number according to Articles 9, 23 or 24 of Regulation (EC) No 183/2005; if such number is not available, an identifying number attributed on the manufacturers' or on the importing feed business operators' request in accordance with the format laid down in Chapter II of Annex V to Regulation (EC) No 183/2005; (d) the indication of the minimum storage life in accordance with the following requirements:

­ `use before...' followed by the date indicating a certain day in the case of feed highly perishable due to degradation processes; ­ `best before...' followed by the date indicating a certain month in the case of other feed.

If the date of manufacture is labelled, the date may be indicated as well as `... (time period in days or months) after the date of manufacture';

(e) the list of the feed materials of which the feed is composed, bearing the heading "composition" and indicating the name of each feed material in accordance with Article 16(1)(a) and listing those feed materials in descending order by weight calculated on the water 3

content in the compound feed; that list may include the

percentage of weight.

(f) the compulsory declarations provided for in Chapter II of Annex V or VI, as applicable.

1

One delegation (DELETED) suggested inserting "compound" before any reference to "feed" is made in this article. 2

One delegation (DELETED) suggested inserting "where the producer". 3

One delegation (DELETED) suggested replacing "water" with "moisture" content.

  • 2. 
    As regards the list provided for in paragraph 1(e), the following requirements shall apply:

(a) the name and percentage of weight of a feed material shall be indicated if its presence is emphasised on the labelling in words, pictures or graphics;

(b) if the percentages of weight for the feed materials incorporated in compound feed for food producing animals are not indicated in the labelling , the person responsible for the labelling shall make available on request of the purchaser information on the quantitative composition data in a range of +/- 15% 1

of the value according to the

feed formulation, unless the person responsible for the labelling can prove that the requested information is commercially sensitive and its disclosure would infringe his intellectual property rights

2

;

(c) in the case of compound feed intended for pets , the indication of the specific name of the feed material may be replaced by the name of the category to which the feed materials belongs to.

  • 3. 
    For the purposes of paragraph 2(c), the Commission shall establish a list of categories of feed materials which may be indicated instead of individual feed materials in the labelling of feed for non-food producing animals. Those measures which are designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 29(4).

Article 20

3

Additional mandatory labelling requirements for contaminated material

  • 1. 
    In addition to the requirements laid down in Articles 15, 16, 17 and 18, contaminated materials shall be labelled `feed with excessive level(s) of ... (designation of the undesirable substance(s) in accordance with Annex I to Directive 2002/32/EC), only to be used as feed after detoxification in authorised establishments'. The authorisation of those establishments shall be based on Article 10(2) or (3) of Regulation (EC) No 183/2005. 2. In case the contamination is intended to be reduced or eliminated by cleaning, the additional labelling of contaminated materials shall be `feed with excessive level(s) of ... (designation of the undesirable substance(s) in accordance with Annex I to Directive 2002/32/EC), only to be used as feed after adequate cleaning'.

1 One delegation (DELETED) suggested including exact percentages in this paragraph. 2

One delegation (DELETED) suggested deleting the last sentence of this subparagraph starting from "unless...". Another delegation (BE) requested further reflection on this issue. 3

One delegation (DELETED) suggested that microbiological contaminants should be included in the scope of this proposal. Commission representative explained that there is a lack of sense of emergency in the area of microbiological contaminants.

1

Article 21 Derogations

  • 1. 
    The particulars referred to in Article 15(c), (d) (e), (g) and Article 16(1 ) (b) shall not be required where before each transaction the purchaser has stated in writing that he does not require this information. A transaction may consist of several consignments. 2
  • 2. 
    On packaged feed the particulars referred to in Article 15(c), (d) and (e) and

Article 17(1)(c), (d) and (e) may be given on the package outside the place of the label as referred to in Article 14(1). In such cases it shall be pointed out where these particulars appear.

  • 3. 
    Without prejudice to Annex I to Regulation (EC) No 183/2005, the particulars referred to in Article 15(c), (d) (e), (g)and Article 16(1 ) (b) of this Regulation shall not be mandatory for feed materials that do not contain feed additives, with the exception of preservatives or silage additives, and which are produced and delivered by a feed business operator according to Article 5(1) of Regulation (EC) No 183/2005 to a feed user in primary production for use within its own holding. 4. The compulsory declarations referred to in Article 17(1)(f) shall not be required for mixes of whole plant grains, seeds and fruits.
  • 5. 
    In the case of compound feed constituted from no more than three feed materials the particulars referred to in Article 17(1)(a) and (b) shall not be required where the feed materials used appear clearly in the description.
  • 6. 
    For quantities not exceeding 20 kg of feed materials or compound feed intended for the final user and sold in bulk, the particulars referred to in Articles 15, 16 and 17 may be brought to the purchaser's attention by means of an appropriate notice at the point of sale. In this case, the particulars referred to in Article 15(a) and Article 16(1) or Article 17(1)(a) and (b), as appropriate, shall be provided for the purchaser at the latest on or with the invoice. 7. For quantities of pet food sold in packages with several containers [in which each pack is intended to meet the daily ration of the intended animal], the particulars referred to in Article 15(b), (c) and (f) (g) and Article 17(1)(c), (e) and (f) may be given only on the outer package instead of each container.
  • 8. 
    By way of derogation from the provisions of this Regulation, Member States may apply national provisions for feed intended for animals kept for scientific or experimental purposes on condition that its label clearly indicates such purpose. The Member States shall notify those provisions to the Commission without delay.

1

Some delegations (DELETED) felt that the current formulation of the Presidency compromise does not cover the existing derogation for liquid feed. 2

One delegation (DELETED) suggested including reference to Article 16 (2) (c) in this paragraph.

Article 25

1

Community Catalogue of feed materials

  • 1. 
    The Community Catalogue of feed materials (hereinafter `the Catalogue') shall be created as a tool to improve the labelling of feed materials and compound feed. The Catalogue shall facilitate the exchange of information on the product properties and list the feed materials in a non-exhaustive manner. It shall include for each feed material listed at least the following particulars: (a) the name;

(b) the identification number;

(c) a description of the feed material including information on the manufacturing process, if appropriate; (d) particulars replacing the compulsory declaration for the purpose of Article 16(1)(b)

(e) a glossary with the definition of the different processes and technical expressions mentioned.

  • 2. 
    The first version of the Community Catalogue shall be adopted in accordance with the advisory procedure referred to in Article 29(2) no later than [six] months after the entry into force of this Regulation and its entries shall consist of those listed in Part B of the Annex to Directive 96/25/EC and columns 2-4 of the Annex to Directive 82/471/EEC. The glossary shall be constituted by point IV of Part A of the Annex to Directive 96/25/EC. 2
  • 3. 
    The procedure laid down in Article 27 shall apply to amendments to the Catalogue.
  • 4. 
    The provisions of this Article apply without prejudice to the safety requirements as laid down in Article 4 of this Regulation.
  • 5. 
    The use of the Catalogue by the feed business operators shall be voluntary. However, a name of a feed material listed in the Catalogue may be used only provided that all relevant provisions of the Catalogue are complied with 3

.

1

Some delegations (DELETED) declared their openness to EP's suggestion to create a notification system in order to identify feed materials present on the market; however, they asked for more clarifications related to the implementation of the proposed system. 2

Several delegations (DELETED) proposed introducing a provision requesting a periodical update of the Catalogue. 3

One delegation (DELETED) suggested replacing this sentence by the following:

" However, a name of a feed material listed in the Catalogue may be used only provided that all relevant provisions of the Catalogue are complied with. "

Article 26

Community Codes of good labelling practice

  • 1. 
    The Commission shall encourage the development of two Community Codes of good labelling practice (hereinafter `Codes'), one for pet food and one for 1

feed for food

2

producing animals, which may include a section concerning feed for fur animals .

  • 2. 
    The Codes shall aim at improving the appropriateness of the labelling. They shall, in particular, include provisions on the presentation of labelling particulars provided for in Article 14, on the voluntary labelling provided for in Article 22 and on the use of claims provided for in Article 13. 3. The procedure laid down in Article 27 shall apply for the establishment and for any amendment to be made to the Codes.
  • 4. 
    The use of the Codes by the feed business operators shall be voluntary. However, the person responsible for labelling may indicate the use of any of the Codes on the labelling only provided that all relevant provisions of such Code are complied with.

1

One delegation (DELETED) suggested adding "compound" to the reference to "feed for food producing animals". 2

Some delegations (DELETED) discussed the inclusion of the category of fur animals in the Code destined for food -producing animals.

Article 27

Establishment of the Codes and amendments to the Community Catalogue and the Community

Codes

  • 1. 
    The draft amendments to the Community Catalogue and drafts of the Codes as well as any draft amendments thereof shall be developed and amended by all appropriate representatives of European feed business sectors: (a) in consultation with other concerned parties, such as feed users;

(b) in collaboration with the competent authorities of the Member States and, where appropriate, the Authority;

(c) taking into account relevant experiences from opinions issued by the Authority and developments in scientific or technical knowledge. 2. The Commission shall approve any such draft in accordance with the procedure referred to in Article [29(4/2)] 1

provided that the following conditions are met:

(a) they have been developed in accordance with paragraph 1;

(b) their contents are practicable throughout the Community for the sectors to which they refer; and (c) are suitable to meet the objectives of this Regulation.

  • 3. 
    [The Catalogue and the Codes shall be published in the Official Journal of the European Union.] Article 30

Amendment to Regulation (EC) o 1831/2003

In paragraph 2, the following subparagraph (c) is added:

' (c) such products which are intended exclusively for export, labelled as such and actually exported to a third country.

1 Council Legal Service and Commission Legal Service to provide clarification on the two options.

(1) Paragraph 1 is amended as follows:

(a) Point (d) is replaced by the following: 1

`(d) where appropriate, the approval number of the establishment manufacturing or

placing on the market the feed additive or the premixture pursuant to Article 10 of Regulation (EC) No 183/2005 of the European Parliament and of the Council*;

----------------------------------------

  • * 
    OJ L 35, 8.2.2005, p. 1.';

(b) The following subparagraph is added:

`In the case of premixtures, points (b), (d), (e) and (g) shall not apply to the incorporated feed additives.' (2) Paragraph 3 is replaced by the following:

`3. In addition to the information specified in paragraph 1, the packaging or container of a feed additive belonging to a functional group specified in Annex III or of a premixture containing an additive belonging to a functional group specified in Annex III must bear the information, presented in a conspicuous, clearly legible and indelible manner, indicated in that Annex.' (3) Paragraph 4 is replaced by the following:

2

`4. In the case of premixtures, the word `Premixture' shall appear in capital letters on

the label. Carriers shall be declared, in the case of feed materials, in compliance with Article 17(1)(e) of Regulation (EC) No .../... of the European Parliament and of the Council [on the placing on the market and use of feed]*, and, in the case of water, with the moisture content of the premixture

3

. Only one minimum storage life may be

indicated in respect of each premixture as a whole; such minimum storage life shall be determined on the basis of the minimum storage life of each of its components.

----------------------------------------

  • * 
    OJ L ... .'.

1

One delegation suggested replacing "establishment manufacturing" with "person responsible for the labelling". 2

One delegation (DELETED) requested deleting reference to "capital letters"; 3

One delegation (DELETED) suggested replacing the last part of this sentence with the following:

"where water is used as a carrier, the moisture content of the premixture shall be declared".

ANNEX I

TECHNICAL PROVISIONS ON

IMPURITIES, MILK REPLACER, FEED MATERIALS FOR BINDING OR

DENATURISING, THE ASH LEVEL AND MOISTURE CONTENT REFERRED TO IN

ARTICLES 4

  • 1. 
    Feed materials must, as according to the good manufacturing practices as laid down in Regulation (EC) No 183/2005 be free from chemical impurities resulting from their manufacturing process and from processing aids, unless a specific maximum content is fixed in the Catalogue referred to in Article 25.
  • 2. 
    The botanical purity of feed materials shall not be less than 95 %, unless a different level has been laid down in the Catalogue as referred to in Article 25. Botanical impurities comprise impurities of plant materials without adverse effects on the animals e.g. straw and seeds of other cultivated species or weeds. Botanical impurities such as residues of other oil seeds or oil fruits derived from a previous manufacturing process, shall not exceed 0,5 % for each type of oil seed or fruit. 3. The iron level in milk replacer feed for calves of a live weight less than or equal to 70 kilograms must be at least 30 milligrams per kilogram of the complete feed at a moisture content of 12 %.
  • 4. 
    Where feed materials are used to denature or bind other feed materials, the product may still be considered to be a feed material. Name, nature and quantity of the feed material used to bind or denature must be labelled. If a feed material is bound by another feed material the percentage of the latter shall not exceed 3 % of the total weight. 5. The level of ash insoluble in hydrochloric acid shall not exceed 2,2 % of the dry matter. However, the 2,2 % level may be exceeded, in the case of ­ feed materials;

­ compound feed containing authorized mineral binding agents; ­ mineral feed;

­ compound feed containing more than 50 % of rice or sugar beet by-products;

­ compound feed intended for farmed fish with a fish meal content of over 15%, provided that the level is declared on the label.

  • 6. 
    Provided that no other level is laid down in Annex IV or the Catalogue referred in Article 25 the moisture content of the feed must be stated if it exceeds: ­ 5 % in the case of mineral feed containing no organic substances;

­ 7 % in the case of milk replacer feeds and other compound feed with a milk-product content exceeding 40 %; ­ 10 % in the case of mineral feed containing organic substances; ­ 14 % in the case of other feed.

ANNEX II

GENERAL PROVISIONS ON LABELLING REFERRED TO IN ARTICLE 11(4)

  • 1. 
    Contents or levels indicated or to be declared relate to the weight of the feed, unless otherwise stated. 2. The list of additives shall be preceded by the heading `additives
  • 3. 
    The numeric indication of dates follows the order of day, month and year or year, month, day and the year is always expressed by means of four digits. 1
  • 4. 
    Synonymic expressions in certain languages;

(a) In German the designation "Einzelfuttermittel" may be replaced by "FuttermittelAusgangserzeugnis", in Greek " " may be replaced by " " ,in Italian "materie prime per alimenti degli animali" may be replaced by "mangime semplice"; and in Czech the designation "produkty ke kremeni" may be replaced by "krmiva" as applicable. 2

(b) In the designation of feed for pets the following expressions shall be allowed: in Dutch "samengesteld voeder"; in English `pet food'; in Hungarian "állateledel"; in Italian "alimento"; in Polish "karma"; in Slovenian " hrane za hisne zivali; in Spanish "alimento", in Finish "lemmikkieläinten ruoka". 5. The instructions for proper use of complementary feed and feed materials containing additives in excess of the maximum levels fixed for complete feed shall state the maximum quantity in grams or kilograms 3

of complementary feed and feed materials per animal per

day in order to ensure that respective maximum contents of feed additives in the daily ration are complied with.

1

One delegation (DELETED) expressed doubts over the readiness of the industry to accept the current provision. 2

Two delegations (DELETED) suggested modifications to the synonymic expressions in their respective languages. 3

Some delegations (DELETED) suggested adding units of volume to this paragraph.

ANNEX III

TOLERANCES FOR THE COMPOSITIONAL LABELLING OF FEED MATERIALS AND

COMPOUND FEED AS PROVIDED FOR IN ART 11(5)

  • 1. 
    The tolerances laid down in this Annex include technical and analytical deviations. Once analytical tolerances covering measurement uncertainties and procedural variations are fixed at Community level, the values set in paragraph 2 should be adapted accordingly in order to cover only the technical tolerances. 2. Where the composition of a feed material or compound feed is found to depart from the labelled composition in a manner such as to reduce its value, the following tolerances are permitted: (a) for crude protein, sugars, starch and inulin; ­ 3 units for declared contents of 30 % or more,

­ 10 % of the declared content for declared contents of less than 30 % but not less than 10 %, ­ 1 unit for declared contents of less than 10 %; (b) for crude fibre, crude oil and fats;

­ 2,2 units for declared contents of 15 % or more,

­ 15 % of the declared content for declared contents of less than 15 % but not less than 5 %, ­ 0,8 units for declared contents of less than 5 %;

(c) for moisture, crude ash, ash insoluble in hydrochloric acid and chlorides expressed as NaCl, total phosphorus, sodium, calcium carbonate, calcium, magnesium, acid index and matter insoluble in light petroleum: ­ 1,5 units for declared contents (values) of 15 % (15) or more, as appropriate,

­ 10 % of the declared content (value) for declared contents (values) of less than 15 % (15), but not less than 2 % (2), as appropriate, ­ 0,2 units for declared contents (values) of less than 2 % (2), as appropriate. (d) For the energy value 5% and for the protein value 10 %;

1

(e) for feed additives ; ­ 10 % if the declared content is 1000 units and more;

­ 100 units for declared contents of less than 1000 units but not less than 500 units; ­ 20 % of the declared content of less than 500 units but not less than 1 unit;

­ 0,2 units for declared contents of less than 1 unit but not less than 0,5 units; ­ 40 % of the declared content of less than 0,5 units.

These tolerances shall apply also to the maximum levels of feed additives in compound feed.

  • 3. 
    As long as fixed maximum levels for feed additives are not exceeded, the depart from the declared content may go till three times the tolerance as laid down in paragraph 2. 2
  • 4. 
    For feed additives belonging to the group of micro-organisms the acceptable upper limit shall correspond to the fixed maximum level.

1 9

1 unit in this paragraph means 1 mg, 1.000 IU, 1x10 CFU or 100 enzyme activity units of the respective feed additive.

2

One delegation (DELETED) suggested modifying this paragraph as follows:

As long as the fixed maximum level for each feed additive is not exceeded, the variation for the declared content may be up to three times the relevant tolerance laid down in paragraph 2.

ANNEX IV

MANDATORY LABELLING PARTICULARS FOR FEED MATERIALS ACCORDING

TO ARTICLE 16(1)

Feed material consisting of Compulsory declaration of

  • 1. 
    Forages and roughage 1 Crude protein, if > 10 % Crude fibre
  • 2. 
    Cereal grains
  • 3. 
    Products and by-products of cereal grains Starch, if > 20 % Crude protein, if > 10 %

Crude oils and fats, if > 5 %

Crude fibre

  • 4. 
    Oil seeds, oil fruits
  • 5. 
    Products and by-products of oil seeds, oil fruits Crude protein, if > 10 % Crude oils and fats, if > 5 %

Crude fibre

  • 6. 
    Legume seeds
  • 7. 
    Products and by-products of legume seeds Crude protein, if > 10 % Crude fibre
  • 8. 
    Tubers, roots
  • 9. 
    Products and by-products of tubers and roots Starch Crude fibre

Ash insoluble in HCl, if > 3,5 % of

dry matter

  • 10. 
    Products and by-products of the sugar beet processing industry Crude fibre, if > 15 % Total sugar, calculated as sucrose

Ash insoluble in HCl, if > 3,5 % of

dry matter

  • 11. 
    Products and by-products of the sugar cane processing industry Crude fibre, if > 15 % Total sugar calculated as sucrose
  • 12. 
    Other seeds and fruits, their products and by-products Crude protein Crude fibre

Crude oils and fats, if > 10 %

  • 13. 
    Other plants, their products and by-products Crude protein, if > 10 % Crude fibre
  • 14. 
    Milk products and by-products Crude protein Moisture, if > 5 %

1

Some delegations (DELETED) expressed concerns that this provision might be too restrictive.

Lactose, if > 10 %

  • 15. 
    Land animal products and by-products Crude protein, if > 10 % Crude oils and fats, if > 5 %

Moisture, if > 8 %

  • 16. 
    Fish, other marine animals, their products and by-products Crude protein, if > 10 % Crude fat, if > 5 %

Moisture, if > 8 %

  • 17. 
    Minerals Calcium Sodium

Phosphorus

Other relevant minerals

  • 18. 
    Miscellaneous Crude protein, if > 10 % Crude fibre

Crude oils and fats, if > 10 %

Starch, if > 30 %

Total sugar, as sucrose, if > 10 %

Ash insoluble in HCl, if > 3,5 % of

dry matter

ANNEX V

LABELLING PARTICULARS FOR FOOD PRODUCING ANIMALS

12

Chapter I: Feed additives as referred to in Articles 15(f) and 22(2) 3

4

(a) additives where a maximum content is set,

(b) additives belonging to the categories `zootechnical additives' and `coccidiostats and histomonostats',

(c) additives belonging to the functional group of `urea and its derivatives' of the category `nutritional additives' as laid down in Annex I of Regulation (EC) No 1831/2003. 2. Feed additives not mentioned in paragraph 1 may be voluntarily indicated in the same full form or partially.

  • 3. 
    The feed business operator placing the feed on the market shall disclose the names of the feed additives not mentioned in paragraph 1 to the purchaser on his request. 4. If a nutritional feed additive as referred to in Annex I of Regulation (EC) No 1831/2003 is labelled voluntarily its level of incorporation shall be indicated.
  • 5. 
    If an additive belongs to more than one of the functional groups, the group appropriate to its principal function in the case of the feed in question shall be indicated.

1

One delegation (DELETED) expressed doubts over the reference to Article 22(2). 2

One delegation (DELETED) expressed concerns about Annexes V and VI, as being disproportionate in comparison with the food regulation. 3

Some delegations (DELETED) requested clarification of what "name" means in this context. 4

Delegations discussed the declaration of additives and the need to indicate total or added amount for nutritional additives, aminoacids.

1

Chapter II: Analytical constituents as referred to in Articles 17(1)(f) and 22(2) Species or category of food producing animals

Analytical constituents

Feed Compulsory

and levels Optional declarations declarations

Complete feed - Crude protein All species - Crude fibre All species

  • - 
    Crude oils and fats All species - Crude ash All species
  • - 
    Lysine Pigs and poultry Species other than pigs and poultry
  • - 
    Methionine Pigs and poultry Species other than pigs and poultry [- Calcium All species - Sodium All species
  • - 
    Phosphorus All species (at

least fish) ] 2

Complementary feed ­ - Lysine Pigs and poultry Species other than pigs and poultry Mineral - Methionine Pigs and poultry Species other than pigs and poultry - Calcium All species - Sodium All species - Phosphorus All

  • - 
    Magnesium speciesRuminan Species other than ruminants ts

1

Some delegations (DELETED) requested re-inserting the reference to the energy value in this Chapter in order to achieve better harmonisation on this issue, clarifying that when national procedures exists, they should apply. 2

Delegations expressed support for removing the brackets.

Complementary feed ­ - Crude protein All species Other - Crude fibre All species - Crude oils and fats All species - Crude ash All species

  • - 
    Lysine Pigs and poultry Species other than pigs and poultry
  • - 
    Methionine Pigs and poultry Species other than pigs and poultry - Calcium All species -[ Sodium All species]
  • - 
    Phosphorus - All species

Magnesium Ruminants All species other than ruminants

  • * 
    The value has to be declared according to the EC-method if available or to the respective official national method in the Member State where the feed is placed on the market if available.

ANNEX VI

LABELLING PARTICULARS FOR NON FOOD PRODUCING ANIMALS

1

Chapter I: Feed additives as referred to in Article 15(f) and 22(2)

  • 1. 
    The following additives shall be listed with their name and/or identification number, added amount and the respective name of the category such as laid down in article 6 of Regulation (EC) No 1831/2003 (a) additives where a maximum content is set,

(b) additives belonging to the categories `zootechnical additives' and `coccidiostats and histomonostats',

(c) additives belonging to the functional group of `urea and its derivatives' of the category `nutritional additives' as laid down in Annex I of Regulation (EC) No 1831/2003. 2. Feed additives not mentioned in paragraph 1 may be voluntarily indicated in the same full form or partially.

  • 3. 
    If a nutritional feed additive as referred to in Annex I of Regulation (EC) No 1831/2003 is labelled voluntarily its level of incorporation shall be indicated.
  • 4. 
    If an additive belongs to more than one of the functional groups, the group appropriate to its principal function in the case of the feed in question shall be indicated.

1

Delegations expressed similar concerns with those raised when Annex V has been discussed.

Chapter II: Analytical constituents as referred to in Articles 17(1)(f) and 22(2)

Feed Analytical constituents and levels Target species Complete feed - Protein All species

  • - 
    Dietary fibers 1 All species - Crude oils and fats All species - Crude ash All species
  • - 
    Lysine Pigs and poultry
  • - 
    Methionine Pigs and poultry - Calcium All species - Sodium All species
  • - 
    Phosphorus All species

Complementary feed ­ - Lysine Pigs and poultry Mineral - Methionine Pigs and poultry - Calcium All species - Sodium All species

  • - 
    Phosphorus All species - Magnesium Ruminants

Complementary feed ­ - Crude protein All species Other - Crude fibre All species - Crude oils and fats All species - Crude ash All species

  • - 
    Lysine Pigs and poultry
  • - 
    Methionine Pigs and poultry
  • - 
    Calcium 5 % All species - Sodium All species
  • - 
    Phosphorus 2 % All species - Magnesium 0.5% Ruminants

1

One delegation (DELETED) requested replacing "protein" and "dietary fibers" with "crude protein" and "crude fibres"

ANNEX VII

1

CORRELATION TABLE

Directive 79/373/EEC Directive 96/25/EC Other acts: Directives This Regulation 80/511/EEC (1), 82/471/EEC (2),

93/74/EEC (3) or

93/113 EC (4)

  • - 
    - - Article 1

Article 1 Article 1 (2), (4): Article 1 (3): Article 4 Article 2 Article 2 Article 2 (2), (3): Article 2 Article 3

  • - 
    - - Article 4(1)

Article 3 Article 3 (3): Article 1(2) Article 4(2)

Article 4 Article 4(3)

  • - 
    - - Article 5(1)

Article 12 (3): Article 10(2) Article 5(2)

Article 10a(3) Article 11(b) (2): Article 8 Article 6 - - - Article 7 - - - Article 8

(3): Article 3 Article 9

(3): Article 6 Article 10 Article 5e Article 11(1)

Article 5(2) Article 5(1) (2): Article 5(2) Article 11(2) Article 11(3)

  • - 
    - - Article 11(4)

Article 5(6) Articles 4 and 6(4)

Article 6 Article 4 Article 11(5) Article 5(1) Article 5(1) Article 12

Article 5e Article 5(2) (3): Article 5(6) Article 13 Article 5(1), Article 11 Article 5(1), Article 9 Article 14

Articles 5(1) and 5(5)(c) Article 5(1) (4): Article 7(1)E and Article 15

Directive 70/524/EEC:

Article 16

Article 5(1)(c), (d) and 7 Article 16

Articles 5(1), 5c and 5d Article 17(1) - - - Article 17(2)

Article 5c(3) Article 17(3)

(3): Articles 5(1), (4), (7) and 6(a) Article 18 - - - Article 19

Article 8 Article 20

Article 6(1)(a) Article 21(1) Article 21(2)

Article 5(5)(d) Article 21(3)

Article 6(3)(a) Article 21(4)

Article 5(5)(b) Article 21(5)

Article 5(5)(a) Article 21(6)

Article 5(2) Article 5(3), 6(1)(b) Article 21(7)

- - -

Article 14(c) Article 21(8)

Article 5(3), 5c(4) and 5e Article 5(2) Article 22 Article 4(1) (1): Article 1 Article 23 Article 5(4) Article 24 Article 25

  • - 
    - - Article 26
  • - 
    - - Article 27
  • - 
    - - Article 28

Article 10 Article 11 Article 29

Article 13 Article 13 (2): Article 13 and 14 (3): Article 9 - - - Article 30 - - - Article 31 - - - Article 32 - - - Article 33 - - - Article 34

Annex Part A(2), (3), (4) Annex Part A(II), (VI), Annex I Annex Part A(1) and Article 5(6), Article 6(4) Annex II Annex Part A(5), (6) Annex Part A(VII) Annex III Annex Part C Annex IV Annex Part B Annex V

Annex Part B Annex VI

2.

Originele weergave

afbeelding document
 
 

3.

Meer informatie