Council Directive 96/25/EC 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
Modified by
  • Commission Directive 98/67/ECof 7 September 1998amending Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and Council Directive 96/25/EC and repealing Directive 92/87/EEC(Text with EEA relevance), 31998L0067, September 24, 1998
  • Council Directive 1999/29/ECof 22 April 1999on the undesirable substances and products in animal nutrition, 31999L0029, May 4, 1999
  • Commission Directive 1999/61/ECof 18 June 1999amending the Annexes to Council Directives 79/373/EEC and 96/25/EC(Text with EEA relevance), 31999L0061, June 26, 1999
  • Directive 2000/16/EC of the European Parliament and the Councilof 10 April 2000amending Council Directive 79/373/EEC on the marketing of compound feedingstuffs and Council Directive 96/25/EC on the circulation of feed materials, 32000L0016, May 3, 2000
  • Directive 2001/46/EC of the European Parliament and of the Councilof 23 July 2001amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal nutrition, 32001L0046, September 1, 2001
  • Council Regulation (EC) No 806/2003of 14 April 2003adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (qualified majority), 32003R0806, May 16, 2003
  • Regulation (EC) No 219/2009 of the European Parliament and of the Councilof 11 March 2009adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutinyAdaptation to the regulatory procedure with scrutiny — Part Two, 32009R0219, March 31, 2009
  • Regulation (EC) No 767/2009 of the European Parliament and of the Councilof 13 July 2009on 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(Text with EEA relevance), 32009R0767, September 1, 2009
Council Directive 96/25/ECof 29 April 1996on 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the CommissionOJ No C 236, 24.8.1994, p. 7., Having regard to the opinion of the European ParliamentOJ No C 305, 31.10.1994, p. 147., Having regard to the opinion of the Economic and Social CommitteeOJ No C 102, 24.4.1995, p. 10., (1)Whereas, in the framework of the production, processing and consumption of agricultural products feed materials play an important role in agriculture; (2)Whereas, in the light of growing interest in quality, efficiency and the environment, the role of feed materials in agriculture will gain in importance; (3)Whereas, in these circumstances, the rules governing the circulation of feed materials are particularly useful in ensuring sufficient transparency throughout the feed chain while improving the quality of agricultural production, notably livestock production; (4)Whereas Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffsOJ No L 32, 3.2.1977, p. 1. Directive as last amended by Directive 90/654/EEC (OJ No L 353, 17.12.1990, p. 48)., lays down rules for the marketing of straight feedingstuffs; whereas Member States still have different traditions as regards regulating the marketing of raw materials; whereas for that reason Directive 77/101/EEC permits Member States to provide for derogations in certain cases; (5)Whereas the result of these derogations is that in some Member States Directive 77/101/EEC governs the marketing of both straight feedingstuffs and raw feed materials and in other Member States only the marketing of straight feedingstuffs, which allows straight feedingstuffs to be sold as raw feed materials not subject to rules; (6)Whereas, with a view to the smooth functioning of the internal market, the discrepancies which can still be noted among the Member States should be removed; whereas, in view of the extent of the sector under consideration, Directive 77/101/EEC should be replaced by new rules; (7)Whereas straight feedingstuffs and raw feed materials are so similar and close, that to ensure a consistent integration of the scope of this Directive they should be placed in one category, namely "feed materials"; (8)Whereas the new definition "feed materials" includes the intended purpose of these products, namely the use in oral animal feeding, as provided for in the existing definitions for "feedingstuffs" and "compound feedingstuffs"; whereas it is thus guaranteed that the term "feedingstuffs" can now be used as a generic term for all feed materials and compound feedingstuffs; (9)Whereas this comprehensive definition for "feedingstuffs" is particularly important for Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffsOJ No L 270, 14.12.1970, p. 1. Directive as last amended by Commission Directive 95/55/EC (OJ No L 263, 4.11.1995, p. 18). and Council Directive 74/63/EEC of 17 December 1973 on undesirable substances and products in animal nutritionOJ No L 38, 11.2.1974, p. 31. Directive as last amended by Directive 93/74/EEC (OJ No L 237, 22.9.1993, p. 23).; whereas in certain cases both terms "feedingstuffs" and "feed materials" will be used in order to specify the provisions, since in Directive 74/63/EEC certain provisions only apply to feed materials, whereas other provisions apply to all feedingstuffs including feed materials; (10)Whereas, in order to achieve the desired transparency throughout the entire feed chain, this Directive covers the "circulation" of feed materials; (11)Whereas satisfactory results in livestock production depend to a large extent on the right use of suitable, good quality feed materials; whereas feed materials must therefore always be sound, genuine and of merchantable quality; whereas they must neither represent a danger to animal or human health nor be marketed in a manner liable to mislead; (12)Whereas, since many products can have either a feed or a non-feed purpose, the feed purpose must be indicated by compulsory ad hoc labelling when the products in question are put into circulation for that purpose; (13)Whereas the circulation of feed materials in many cases occurs in bulk consignments, whether or not split up into several units; whereas such materials are generally accompanied by documents such as invoices and waybills; whereas these papers may serve as "accompanying documents" within the meaning of Article 5 of this Directive; whereas this is permitted only if identification of (the units of) the consignment and the existence of a common reference and an accompanying document is properly guaranteed at all stages of circulation, for example by the use of reference numbers or signs; (14)Whereas, since feed materials can differ in health and nutritional quality, a clear distinction should be made between the different feed materials by subjecting them, when they are put into circulation, to a labelling requirement indicating their specific names; (15)Whereas the buyers or users of feed materials should throughout the feed chain be given accurate and valid additional information, such as the quantities of analytical constituents having a direct effect on the quality of the feed material; whereas failure by the seller to declare the quantities of analytical constituents should be avoided in order to protect small buyers claiming this information in vain and to avoid the unnecessary costs of a multiplication of analyses immediately before the end of the feed chain; whereas certain Member States experience difficulties in conducting inspections at farm level; whereas under these circumstances it is necessary to adopt provisions requiring the quantities of analytical constituents to be declared at the beginning of the feed chain; (16)Whereas labelling particulars concerning the analytic composition of feed materials are not required if, before the transaction, the purchaser deems that he has no need of such information; whereas this labelling exemption may apply in particular to products stored until such time as they are the subject of a new transaction; (17)Whereas the circulation of feed materials between farmers in the great majority of cases consists of products of vegetable or animal origin, in their natural state, fresh or preserved, whether or not subjected to simple physical treatment such as chopping or grinding and not treated with additives, except for preservatives; whereas for general reasons of knowledge of the characteristics of such products and for practical reasons no declaration referred to in this Directive should be required on an accompanying document such as an invoice; whereas this should nevertheless be required where the products in question are treated with additives as such treatment may change the chemical composition and nutritional value of the products; (18)Whereas feed materials of animal or vegetable origin are sold in small quantities by many retailers, frequently for feeding pet animals; whereas for general reasons of knowledge of the characteristics of such products and for practical reasons no constituent declaration should be required for these products; (19)Whereas, in certain third countries, there are not always the necessary means of carrying out analyses which make it possible to supply the information required by this Directive on the analytic composition of feed materials; whereas Member States should therefore be allowed, on certain conditions, to permit such materials to be put into circulation in the Community accompanied by provisional composition data; (20)Whereas, where reliable definitive data on analytical constituents are not available, in particular of feed materials from third countries put into circulation in the Community for the first time, in order to avoid unnecessary clogging of ports and road/rail links there should be the possibility of giving final confirmation of provisionally declared data within 10 working days; (21)Whereas several basic Community regulations provide for lists of ingredients and straight feedingstuffs; (22)Whereas, for practical reasons and to ensure the necessary legal consistency and efficiency, a list of the main feed materials similar to lists already established in comparable areas should be drawn up; (23)Whereas such a list cannot be exhaustive owing to the great diversity of products and by-products which may be traded and used, the constant development of food technology and the need not to restrict choice for manufacturers and farmers; whereas it is possible to allow the circulation of feed materials other than those included in the abovementioned list provided that they are designated by specific names preventing any confusion with materials qualifying for a name laid down at Community level; (24)Whereas feed materials containing levels of undesirable substances and products higher than those indicated for straight feedingstuffs in Annex I to Directive 74/63/EEC should be supplied only to compound feed manufacturers approved in accordance with the provisions 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 sectorOJ No L 332, 30.12.1995, p. 15.; whereas this should be stated on compulsory specific labelling indicating the intended use of the product; whereas these undesirable substances and products should be included on the list of Part B of Annex II to Directive 74/63/EEC, with certain exceptions relating to aflatoxin, cadmium and arsenic and feed materials containing these substances, which are already listed in Annex II, Part A to Directive 74/63/EEC; (25)Whereas amendment of the list of the chief feed materials constitutes a scientific measure; (26)Whereas the list in Part B of the Annex to this Directive should be used for the circulation of feed materials, irrespective of intended use, and for the labelling of feed materials used in compound feeds; (27)Whereas Commission Directive 92/87/EEC of 26 October 1992 establishing a non-exclusive list of the main ingredients normally used and marketed for the preparation of compound feedingstuffs intended for animals other than petsOJ No L 319, 4.11.1992, p. 19. draws up for labelling purposes a list of ingredients of compound feedingstuffs; whereas the said Directive should be repealed as from the application of Parts A and B of this Directive; (28)Whereas, in order to improve the unambiguity and comparability at international level of systems for identifying and exchanging data on feed materials, the Commission should be instructed to adopt implementing arrangements, when appropriate, for the introduction of a practical international coding system for feed materials, based on glossaries of the various aspects of feedingstuffs, such as origin, role, process, maturity/quality; (29)Whereas, in order to facilitate the adoption of implementing measures, the procedure introducing cooperation between the Member States and the Commission within the Standing Committee on Feedingstuffs should be followed; (30)Whereas it is important to ensure that, in accordance with this Directive, the accuracy of the declarations made can be officially verified in a uniform way throughout the Community, at all stages of circulation of the feed materials; (31)Whereas the introduction of this Directive entails deletion of the terms "straight feedingstuffs", "raw materials (ingredients)", "raw materials" and "ingredients"; whereas these terms should be replaced in current Community legislation, in particular in Council Directives 70/524/EEC, 74/63/EEC, 82/471/EECOJ No L 213, 21.7.1982, p. 8. and 93/74/EECOJ No L 237, 22.9.1993, p. 23. by the terms "feed materials", and where appropriate the definition "feed materials" should be replaced by the definition given in this Directive; whereas this also has an impact on the definition of compound feedingstuffs; whereas Commission Directives 80/511/EECOJ No L 126, 21.5.1980, p. 14., 82/475/EECOJ No L 213, 21.7.1982, p. 27. and 91/357/EECOJ No L 193, 17.7.1982, p. 34. and Commission Decision 91/516/EECOJ No L 281, 9.10.1991, p. 23. should be amended for the same reason, by means of a Commission act; (32)Whereas it is necessary to ensure that the provisions of the Annexes are continually adjusted to take account of the latest developments in scientific or technical knowledge; whereas such amendments will have to be made swiftly using the procedure laid down by this Directive in order to establish close cooperation between Member States and the Commission within the Standing Committee on Feedingstuffs; (33)Whereas, on grounds of the effective protection of animal and human health and to ensure the smooth functioning of the internal market, action should be taken at Community level, HAS ADOPTED THIS DIRECTIVE:
Loading ...