****

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

( 2 ) OJ NO L 126 , 21 . 5 . 1980 , P . 9 .

SECOND COMMISSION DIRECTIVE

OF 27 JUNE 1980

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

( 80/695/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 ), AS LAST AMENDED BY COMMISSION DIRECTIVE 80/509/EEC ( 2 ), AND IN PARTICULAR ARTICLE 10 ( A ) THEREOF ,

WHEREAS , IN VIEW OF PROGRESS MADE IN SCIENCE AND TECHNOLOGY , THE ANNEX TO DIRECTIVE 79/373/EEC MUST BE AMENDED AS REGARDS THE TOLERANCES TO BE PERMITTED WHERE , ON OFFICIAL INSPECTION , THE COMPOSITION OF A COMPOUND FEEDINGSTUFF IS FOUND TO DEPART FROM THE COMPOSITION DECLARED BY THE MANUFACTURER ;

WHEREAS PRESENT TOLERANCES APPLY TO ALL TYPES OF COMPOUND FEEDINGSTUFFS ;

WHEREAS , IN THE CASE OF COMPOUND FEEDINGSTUFFS FOR DOGS AND CATS , THESE PARTICULAR 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

THE ANNEX TO DIRECTIVE 79/373/EEC IS HEREBY AMENDED AS FOLLOWS :

1 . ITEM 9 IS AMENDED TO READ AS FOLLOWS :

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

2 . THE FOLLOWING ITEM 10 IS ADDED :

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

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

10.1.0 . CRUDE PROTEIN :

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

- 16 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 20 % BUT NOT LESS THAN 12.5 % ,

- TWO UNITS FOR DECLARED CONTENTS OF LESS THAN 12.5 % ;

10.1.1 . CRUDE OILS AND FATS :

- 2.5 UNITS OF THE DECLARED CONTENT .

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

10.2.1 . MOISTURE :

- THREE UNITS FOR DECLARED CONTENTS OF 40 % OR MORE ,

- 7.5 % OF THE DECLARED CONTENT FOR DECLARED CONTENTS OF LESS THAN 40 % BUT NOT LESS THAN 20 % ,

- 1.5 UNITS FOR DECLARED CONTENTS OF LESS THAN 20 % ;

10.2.2 . CRUDE ASH :

- 1.5 UNITS OF THE DECLARED CONTENT ;

10.2.3 . CRUDE FIBRE :

- ONE UNIT OF THE DECLARED CONTENT .

10.3 . WHERE THE VARIATION NOTED IS IN THE OPPOSITE DIRECTION TO THOSE REFERRED TO RESPECTIVELY IN 10.1 AND 10.2 :

10.3.1 . CRUDE PROTEIN :

- TOLERANCE TWICE THAT PERMITTED FOR THIS SUBSTANCE IN 10.1.0 ,

10.3.2 . CRUDE OILS AND FATS :

- IDENTICAL TOLERANCE .

10.3.3 . CRUDE ASH , CRUDE FIBRE :

- TOLERANCE THREE TIMES THAT PERMITTED FOR THESE SUBSTANCES IN 10.2.2 AND 10.2.3 . '

ARTICLE 2

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

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 27 JUNE 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT