Explanatory Memorandum to COM(1999)654 - Undesirable substances and products in animal nutrition - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1999)654 - Undesirable substances and products in animal nutrition. |
|---|---|
| source | COM(1999)654  |
| date | 17-12-1999 |
Feedingstuffs can contain undesirable substances or products which can endanger animal health or, if present in livestock products, human health. Although it is impossible to totally eliminate the presence of undesirable substances and products in all cases, it is important to minimise it in order to prevent undesirable and harmful effects.
Council Directive 74/63 of 17 December 1973 on the undesirable substances in animal nutrition i laid down maximum permitted levels for undesirable substances and products in feedingstuffs. Since it had been frequently and substantially amended, in the interests of clarity and efficiency it was consolidated in Council Directive 1999/29/EC of 22 April 1999 on the undesirable substances and products in animal nutrition i.
Council Directive 1999/29/EC lays down maximum permitted levels for undesirable substances and products in feed materials and feedingstuffs. Feed materials and feedingstuffs which do not comply with the maximum limits may not be put into circulation.
However, the Directive provides that feed materials which do not comply with the maximum limits may be used in compound feedingstuffs on condition that the maximum level laid down for the compound feedingstuffs is complied with.
Furthermore Member States were authorised to derogate from the maximum limits in the case of fodder used without further processing on the farm that produced it, where this is necessary for particular local reasons and on the condition that neither animal or human health will suffer harm thereby.
CURRENT PROPOSAL
The recent dioxin crisis highlighted weaknesses in existing Community legislation for animal feedingstuffs in order to guarantee full safety of the feed and food chain. In the light thereof the Agriculture Council of June 1999 adopted conclusions requesting the Commission to examine profound modifications to the animal nutrition legislation. The Commission submitted to the July Agriculture Council a work program with legislative measures to adapt animal nutrition legislation. This program has also been presented to the European Parliament at several occasions. The current proposal is in response to one item, mentioned in the work program.
Since Council Directive 1999/29/EC of 22 April 1999 has undergone a number of substantial amendments, this proposal is to recast it in the interests of clarity and efficiency.
Scope
Since it has been established that additives can also be contaminated with undesirable substances or products, the scope of the Directive has been extended to include them. It is therefore appropriate to allow maximum levels of undesirable substances and products to be fixed across the board for additives also under this Directive.
Removing the possibility of diluting and derogating from the rules
To guarantee the safety of feed materials used in animal nutrition it is important to ensure that preventive measures are taken and applied by operators at all stages of the feedingstuff production chain. Maximum limits for undesirable substances and products in feed materials, feedingstuffs and additives must be fixed at levels that pose no danger for human or animal health and are as low as reasonably achievable. The levels fixed must require operators in the production chain to apply preventive measures so as to produce feed materials and feedingstuffs that comply with the maximum levels laid down.
It is therefore no longer appropriate either to allow feed materials which do not comply with the maximum levels to be used in animal nutrition, even on strict conditions, or to keep the derogation for particular local circumstances. In the current proposal, both derogations are accordingly deleted.
Option of fixing an action threshold
Furthermore, while maximum levels for undesirable substances and products must be set as low as reasonably achievable under current circumstances, there are cases where every effort must be made to further reduce the presence of these undesirable substances and products in the feed and food chain. This proposal therefore provides for the option of fixing an action threshold that is considerably lower than the maximum level laid down. Where the action threshold is exceeded the authorities must launch an investigation to identify the source of contamination and take measures to reduce or eliminate it. Such an approach will gradually lead to an active reduction of the presence of certain undesirable substances and products in the feed and food chain.
Regulatory procedure
The regulatory procedure has been amended in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission i.