Select Committee on European Scrutiny Thirteenth Report


MARKETING OF COMPOUND ANIMAL FEED


(20912)
5247/00
COM(99) 744

Draft Directive amending Directive 79/373/EEC on the marketing of
compound feedingstuffs.
Legal base: Article 152 EC; co-decision; qualified majority voting
Department: Agriculture, Fisheries and Food
Basis of consideration: Minister's letter of 28 March 2000
Previous Committee Report: HC 23-ix (1999-2000), paragraph 3 (16 February 2000)
To be discussed in Council: Following the Opinion of the European Parliament
Committee's assessment: Politically important
Committee's decision: Cleared

Background

  27.1  Council Directive 79/373/EEC lays down certain conditions on the labelling of compound feedingstuffs to ensure that stock farmers have objective and accurate information on the composition of the material they feed to their stock. One of its provisions requires manufacturers of such feedingstuffs to list the ingredients of compound feed, in descending order of weight, either by specific ingredient or by category, though, since 1997, any meat material still permitted has to be declared in full. However, the Commission has recently proposed that, for farm animal feed, the category option should be removed, and that manufacturers of such feed should be required to declare the amount of each ingredient in terms of percentage by weight (an "open declaration"). However, in response to manufacturers' concerns about the need for frequent label changes if flexibility in the use of feed material is to be maintained, the Commission has proposed a separate label or document specifically for the "open declaration" of ingredients.

  27.2  As we noted in our Report of 16 February 2000, the Government supports the removal of the category option for the declaration of ingredients, but is concerned that the "open declaration", which is not a requirement for human food, would place an additional burden on manufacturers and enforcement authorities, without providing any meaningful information. It is therefore in favour of an optional declaration. We in turn expressed some concern that this might weaken the impact of the Directive, and we asked the Government to spell out more fully why it favours that approach.

Minister's letter of 28 March 2000

  27.3  In her letter of 28 March 2000, the Minister of State (Lords) at the Ministry of Agriculture, Fisheries and Food (Baroness Hayman) says that the reasons for opposing mandatory percentage declaration remain those set out in the previous paragraph, but that there is also concern among feed manufacturers that it would lead to feed formulae resulting from their own research and development becoming available to established competitors and others. She suggests that the net effect of this would be to further reduce manufacturers' profit margins, when there have been no calls from farming organisations for such information. She goes on to say that an optional approach would allow companies to declare ingredients by percentage if they wished, and that farmers could still request such details from the feed compounders, whom MAFF understands are willing to divulge the information in a way which does not threaten widespread dissemination of research-sensitive formulae. Finally, the Minister points out that a majority of Member States are opposed to compulsory percentage declaration, and that, of the various compromises explored (including making such declarations mandatory only for "sensitive" materials, or the introduction of percentage bands), permitting percentage declarations on a voluntary basis seems the most likely outcome.

  27.4  On an entirely separate point, our Report of 16 February also noted that, although the Commission has proposed that Article 152 should be the legal base, the UK was opposed to this, on the grounds that the objective of the measure is consumer information, not public health. In her latest letter, the Minister says that this view is shared by a majority of Member States, but that it is unlikely the necessary unanimity will be obtained to justify a change to Article 37.

Conclusion

  27.5  We are grateful to the Minister for this further information, and, whilst we still have some reservations over the idea of optional declarations, we do not intend to pursue the point further. We are therefore clearing the document.


 
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Prepared 26 April 2000