This corrigendum does not concern the English version.

The European Parliament adopted, by 543 votes to 8 with 26 abstentions a legislative resolution amending the proposal for a Regulation of the European Parliament and of the Council on the placing on the market and use of animal feed.

The amendments are the result of a compromise between Parliament and Council. The main amendments -1st reading under the codecision procedure - are as follows:

Intellectual property : a new recital notes that the intellectual property rights of the producers should be protected. For the enforcement of the intellectual property rights, provisions of Directive 2004/48/EC should apply. It should also be acknowledged that the quantitative composition of compound feed, in contrast to names of feed materials incorporated, can, under certain conditions, be considered confidential information to be protected.

Responsibilities of the feed businesses : the text states that the person responsible for the labelling of feed shall make available to the authorities responsible for carrying out official controls any information concerning the composition or claimed properties of the feed such person places on the market which enables the accuracy of the information given by the labelling to be verified, including the exact percentages of weight of feed materials used in compound feed. On the grounds of any urgency relating to human and animal health or to the environment and without prejudice to the provisions of Directive 2004/48/EC the competent authority may provide the purchaser with information that is available to it provided that, after having weighted the respective legitimate interests of the manufacturers and the purchasers, it concludes that such provision of information is justified. If appropriate, the competent authority shall provide such information subject to signing of a confidentiality clause by the purchaser. This latter clause also applies to specific mandatory labelling requirements for compound feed .

A Commission declaration states that the Commission understands that "any urgencies related to human and animal health and the environment" may include urgencies generated amongst others by negligence, intentional fraud and criminal acts.

Additional information : in certain areas where the producer is not obliged to label particulars, the purchaser should be able to request additional information. In this case, a margin of +/- 15% of the declared value should be maintained.

Dilution: provisions should be laid down in order to ensure adequate labelling and proper implementation of the dilution ban provided by the Directive, until such contaminated materials have been detoxified by a detoxification establishment, approved in accordance with Regulation (EC) No 183/2005, or cleaned.

Water: whilst the Regulation does not apply to water, either taken in directly by the animals or intentionally incorporated into feed, it shall apply to feed designed to be administered in water.

Prohibited materials: the list of prohibited materials and restricted is incorporated in Annex III into the regulation itself.

Claims: purchasers shall have the right to bring to the attention of the competent authority their doubts in respect of the truthfulness of a claim. Should it be concluded that the claim is not sufficiently substantiated, the labelling in respect of such claim shall be considered misleading. Where the authority responsible for carrying out official controls has doubts regarding the scientific substantiation of the claim concerned, it may submit the issue to the Commission.

Community Catalogue : 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. The person for the first time placing on the market a feed material that is not listed in the Catalogue shall immediately notify its use to the representatives of the European feed business sectors, who will publish a register of these notifications on the Internet and update the register on a regular basis.

Labelling of additives : a Commission declaration states that the Commission will study whether the principles of information through labelling of feed could also apply to the additives and premixtures authorised under Regulation (EC) No 1831/2003 on additives for use in animal nutrition.

Revision of Annex IV : the Commission makes a declaration on the adaptation of Annex IV (on the tolerances for the compositional labelling of feed materials and compound feed) as provided for in the Regulation to scientific and technical development.

The Committee on Agriculture and Rural Development adopted the report by Friedrich-Wilhelm GRAEFE zu BARINGDORF (Greens/ALE, DE), amending the proposal for a Regulation of the European Parliament and of the Council on the placing on the market and use of animal feed.

The main amendments adopted by the committee (1 st reading under the codecision procedure) are as follows:

Open declaration of feed materials : MEPs point out that the exact percentages of all feed materials incorporated in compound feed may be provided for on a voluntary basis, but must be notified to the authorities and should be made available to interested consumers upon demand.

Providing additional information : in certain areas where the producer is not obliged to label particulars, the customer should have the possibility to request additional information. MEPs add that intellectual property rights of the producer should be protected; thus a margin of +/- 15% of the declared value should be permitted. However, MEPs rejected the additional right, as provided for in the proposal, enabling a manufacturer to refuse disclosure of information by invoking the commercially sensitive nature of information or intellectual property rights.

Animal meal : measures should be taken to ensure that the presence of animal meal in compound feed is clearly labelled, thereby going beyond the listing of feed materials used.

Dilution : stressing that contaminated feedingstuffs must not enter the food chain, MEPs believe that adequate provisions should be laid down in order to ensure that the dilution ban pursuant to Directive 2002/32/EC is respected and to prevent batches being placed on the market for detoxification or disposal.

Guidelines and codes of conduct : according to MEPs, these are a useful instrument which assists undertakings in implementing the provisions on feedingstuff labelling. Although they may facilitate interpretation of the leeway provided by legislation, they are not an instrument for flexibilisation.

Scope : this regulation should apply without prejudice to the provisions of Regulation (EC) No 1831/2203 on additives for use in animal nutrition. Although this regulation does not contain provisions dealing with water, it shall, however, apply to feed designed to be administered in water.

Definitions : MEPs propose to incorporate the notion of “first placing on the market” into the Regulation, so that the various feed businesses have clearly defined responsibilities.

Responsibilities and obligations of undertakings : the competent authorities may pass on to consumers information forwarded to them concerning the composition or claimed properties of the feed, where they consider, after weighing up the respective legitimate interests of manufacturers and consumers, that such a step is justified. Where appropriate, the authorities shall make the passing on of information contingent on the signing of a confidentiality declaration.

Prohibited materials : according to MEPs, the list of prohibited materials should be incorporated into the regulation itself, in an annex, like the list of authorised materials, and not appear in a separate text ( at present Decision 2004/217/EC). In the interest of consumer protection, the Commission should be able to issue bans on certain materials in animal feed with immediate effect. In such cases, the urgent procedure should be used (comitology).

Characteristics of the types of feed : in accordance with the regulatory procedure with scrutiny (comitology), the Commission may adopt guidelines clarifying the distinction between feed materials, feed additives and veterinary drugs.

Transactions by distance : in the special case of transactions by distance, the mandatory labelling particulars required by this Regulation shall appear on the information material relating to the distance selling or be provided by any other appropriate means.

Responsibilities in terms of labelling : within the business under their control, feed business operators shall ensure that mandatory labelling particulars are transmitted throughout the food chain.

Claims : consumers shall have the right to receive from the competent authority a summary of the scientific substantiation of the truthfulness of the claim, or, where there are justified grounds for suspecting that a misleading claim has been made, to ask the competent authority to have such substantiation provided by the manufacturer. In order to increase transparency, it is important that the Commission lay down guidelines to define the necessary rules to substantiate a claim for a feed material.

Mandatory labelling particulars : if the feed is sold to a feed business, the purchaser shall be informed of the mandatory labelling particulars in the most appropriate manner. Such particulars shall be given in a clearly legible and comprehensible manner. However, if the feed is sold to a person other than a feed business, the mandatory labelling particulars shall be given in their entirety in a prominent place on the packaging, the container or on a label attached thereto, in a conspicuous, clearly legible and indelible manner, or on an insert, in the language of the Member State in which it is placed on the market. The Codes shall, specifically, indicate the manner in which the mandatory labelling particulars are to be displayed.

Pet food : on the label of pet food a cost-free means of contacting the person responsible for the labelling particulars (such as by telephone, e-mail or via the Internet) shall be indicated in order to allow the customer to exercise his right to obtain information.

Voluntary labelling particulars : the list of voluntary labelling particulars should not be comprehensive. Particulars which are not included in the list but which are not inconsistent with the ban on misleading claims should be admissible. These voluntary labelling particulars may include: (i) particulars concerning digestible starch and raw protein; (ii) particular on the presence/absence of a given substance.

Community Catalogue : a person responsible for the first placing on the market of a feed material not yet listed in the Catalogue must register its use immediately and apply to have it included in the Catalogue.

Regulation (EC) No 1831/2003 : MEPs also introduced amendments aimed at bringing the labelling requirements laid down in Regulation (EC) No 1831/2003 into line with the approach, based on the provision of information through labelling, introduced by the regulation under consideration here, since they are linked. This can be achieved by incorporating the definitions of 'labelling' and 'label' into Regulation (EC) No 1831/2003.

PURPOSE: to consolidate, revise and modernise Directives on the circulation and labelling of feed materials and compound feed.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: marketing conditions for feed plays a crucial role on the competitiveness of the livestock sector. A further important factor in feed is pet food, which is bought regularly by more than 60 million households in the EU. The compound feed industry, including the pet food industry, has an annual turnover of almost EUR 50 billion – not accounting for the feed material business.

Currently, a number of Council Directives and Commission implementing Directives exist that govern the labelling of feed materials and compound feed. The main objective of current legislation is to regulate traceability as well as providing unambiguous information to the consumer. Labelling requirements seek to be as simple and as clear as possible with mandatory requirements being checked against what is necessary to enable the average user to make an informed choice.

CONTENT: the purpose of this proposal is to simplify the current regulatory regime regarding the placing of feed on the market and the use of that feed. In a bid to simplify current provisions all existing legislation in the field of marketing and use of certain feeds is to be replaced by this single Regulation. In summary, the main elements of the Commission’s proposal, are as follows:

Introductory provisions:

The main objective of the Regulation is:

to harmonise conditions for placing and using feed on the market; to ensure adequate information is passed on to both users and consumers; and to guarantee the effective functioning of the internal market.

Provisions have been put in place to allow for the circulation and use of feed materials and compound feed whilst offering the consumer a high level of safety. At the same time the proposed Regulation seeks to provide for a modern market environment. The proposal covers rules on placing and using feed on the market including labelling, packaging and presentation requirements.

General Requirements:

General safety and marketing requirements have been set out for all feed. Manufacturers and operators will be obliged to follow strict control and feed safety measures. The Commission will be empowered to maintain and update a list of all prohibited feed.

Placing specific types of feed on the market:

Special criteria regarding impure feed material is being proposed. In order to differentiate feed materials from other types of feed the Commission will be empowered to issue guidelines. In addition the term complementary feed and its relation to maximum content of feed additives has been clarified. Concerning dietetic feed (feed intended for particular nutritional purposes) the Commission proposes to maintain existing provisions in this area albeit that the list of authorisations may be updated in comitology, following consultation from the European Food Safety Authority.

Labelling, presentation and packaging:

The proposal sets out general labelling provisions for all feed materials and compound feed. The Commission has sought to clarify how labelling, along the food chain, should be conducted. In future all claims will have to be scientifically substantiated upon a request from the authorities. The general mandatory labelling requirements will be the same for both feed materials and compound feed. Special labelling requirements are established for contaminated feed.

Community catalogue for feed materials and codes of good labelling practice :

For the sake of market transparency, the Commission is proposing a more complete list of feed materials accompanied with the correct product identification. This list is to be prepared by stakeholders given that feed material specification does not influence feed safety and given that stakeholders are best placed to assess which products need to be prioritised. Within the framework of voluntary labelling industry will be encouraged to develop “good labelling” Community Codes. For its part the Commission will be involved in an advisory capacity and give final approval for the catalogue.

General and final provisions:

The Commission proposes that implementation of the provisions will be done in accordance with the regulatory procedure. The labelling of pre-mixtures (as laid down in Article 16 of Regulation 1831/2003) will be amended in order to remedy certain inconsistencies.

PURPOSE: to consolidate, revise and modernise Directives on the circulation and labelling of feed materials and compound feed.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: marketing conditions for feed plays a crucial role on the competitiveness of the livestock sector. A further important factor in feed is pet food, which is bought regularly by more than 60 million households in the EU. The compound feed industry, including the pet food industry, has an annual turnover of almost EUR 50 billion – not accounting for the feed material business.

Currently, a number of Council Directives and Commission implementing Directives exist that govern the labelling of feed materials and compound feed. The main objective of current legislation is to regulate traceability as well as providing unambiguous information to the consumer. Labelling requirements seek to be as simple and as clear as possible with mandatory requirements being checked against what is necessary to enable the average user to make an informed choice.

CONTENT: the purpose of this proposal is to simplify the current regulatory regime regarding the placing of feed on the market and the use of that feed. In a bid to simplify current provisions all existing legislation in the field of marketing and use of certain feeds is to be replaced by this single Regulation. In summary, the main elements of the Commission’s proposal, are as follows:

Introductory provisions:

The main objective of the Regulation is:

to harmonise conditions for placing and using feed on the market; to ensure adequate information is passed on to both users and consumers; and to guarantee the effective functioning of the internal market.

Provisions have been put in place to allow for the circulation and use of feed materials and compound feed whilst offering the consumer a high level of safety. At the same time the proposed Regulation seeks to provide for a modern market environment. The proposal covers rules on placing and using feed on the market including labelling, packaging and presentation requirements.

General Requirements:

General safety and marketing requirements have been set out for all feed. Manufacturers and operators will be obliged to follow strict control and feed safety measures. The Commission will be empowered to maintain and update a list of all prohibited feed.

Placing specific types of feed on the market:

Special criteria regarding impure feed material is being proposed. In order to differentiate feed materials from other types of feed the Commission will be empowered to issue guidelines. In addition the term complementary feed and its relation to maximum content of feed additives has been clarified. Concerning dietetic feed (feed intended for particular nutritional purposes) the Commission proposes to maintain existing provisions in this area albeit that the list of authorisations may be updated in comitology, following consultation from the European Food Safety Authority.

Labelling, presentation and packaging:

The proposal sets out general labelling provisions for all feed materials and compound feed. The Commission has sought to clarify how labelling, along the food chain, should be conducted. In future all claims will have to be scientifically substantiated upon a request from the authorities. The general mandatory labelling requirements will be the same for both feed materials and compound feed. Special labelling requirements are established for contaminated feed.

Community catalogue for feed materials and codes of good labelling practice :

For the sake of market transparency, the Commission is proposing a more complete list of feed materials accompanied with the correct product identification. This list is to be prepared by stakeholders given that feed material specification does not influence feed safety and given that stakeholders are best placed to assess which products need to be prioritised. Within the framework of voluntary labelling industry will be encouraged to develop “good labelling” Community Codes. For its part the Commission will be involved in an advisory capacity and give final approval for the catalogue.

General and final provisions:

The Commission proposes that implementation of the provisions will be done in accordance with the regulatory procedure. The labelling of pre-mixtures (as laid down in Article 16 of Regulation 1831/2003) will be amended in order to remedy certain inconsistencies.