Commission Directive 94/39/EC of 25 July 1994 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes

• Coming into Force: 30 August 1994
• End of Effective Date: 30 July 2008
• Celex Number: 31994L0039
• ELI: http://data.europa.eu/eli/dir/1994/39/oj
• Published date: 10 August 1994
• Date: 25 July 1994
• Official Gazette Publication: Official Journal of the European Communities, L 207, 10 August 1994

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31994L0039

Commission Directive 94/39/EC of 25 July 1994 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes

Official Journal L 207 , 10/08/1994 P. 0020 - 0029
Finnish special edition: Chapter 3 Volume 60 P. 0132
Swedish special edition: Chapter 3 Volume 60 P. 0132

COMMISSION DIRECTIVE 94/39/EC of 25 July 1994 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular nutritional purposes (1), and in particular Article 6 (a) thereof,

Whereas Council Directive 93/74/EEC provides for the establishment of a positive list of the intended uses of animal feedingstuffs for particular nutritional purposes; whereas that list must indicate the precise use, that is to say, the particular nutritional purpose, the essential nutritional characteristics, the labelling declarations and where apropriate the special labelling requirements;

Whereas certain nutritional purposes cannot be included at present in the list of intended uses due to the absence of Community methods of control for the energy value in pet foods and for dietary fibre in feedingstuffs; whereas this list must be completed as soon as these methods have been adopted;

Whereas the established list may be modified, where appropriate, following developments in scientific and technical knowledge;

Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Member States shall require that feedingstuffs intended for particular nutritional purposes within the meaning of Council Directive 93/74/EEC shall be marketed only if their intended uses are included in Part B of the Annex to this Directive and if they fulfil the other provisions laid down in that Part of the Annex.

Furthermore, the Member States shall ensure that the provisions under 'General provisions' of Part A of the Annex are complied with.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 30 June 1995. They shall immediately inform the Commission thereof.

When Member States adopt these provisions these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

This Directive shall enter into force 20 days after its publication in the Official Journal of the European Communities.

Done at Brussels, 25 July 1994.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 237, 22. 9. 1993, p. 23.

ANNEX

PART A General provisions 1. Where there is more than one group of nutritional characteristics indicated in column 2 of Part B, denoted by 'and/or', for the same nutritional purpose, the manufacturer has the option to use either or both groups of essential characteristics, in order to achieve the nutritional purpose defined in column 1. For each option the corresponding labelling declarations are given opposite in column 4.

2. Where a group of additives is mentioned in column 2 or column 4 of Part B the additive(s) used must be authorized in Council Directive 70/524/EEC (1) as corresponding to the specified essential characteristic.

3. Where the source(s) of ingredients or of analytical constituents is (are) required in column 4 of Part B, the manufacturer must make a precise declaration (e.g. specific name of the ingredient(s), animal species or part of the animal) allowing the evaluation of conformity of the feedingstuff with the corresponding essential nutritional characteristics.

4. Where the declaration of a substance, also authorized as an additive, is required in column 4 of Part B and is accompanied by the expression 'total' the declared content must refer to, as appropriate, the quantity naturally present where none is added or, by derogation from Directive 70/524/EEC, the total quantity of the substance naturally present and the amount added as an additive.

5. The declarations required in column 4 with the reference 'if added' are compulsory where the ingredient or the additive has been incorporated or increased specifically to enable the achievement of the particular nutritional purpose.

6. The declarations to be given in...