Brussels, 21/01/2009 (Agence Europe) - European Parliament and Council delegations have reached a compromise on a plan to relax rules on authorising and labelling animal feed, which will safeguard both the customers' rights to information and the industry's intellectual property rights, said Friedrich Wilhelm Graefe zu Baringdorf (Greens/EFA, Germany), rapporteur for the EP, on Tuesday 20 January. The EP will take a stance on this text during the plenary session early February (codecision procedure).
In March 2008, the European Commission suggested bringing the requirements of composed animal feed labelling (for pets and livestock alike) into line with those existing for foodstuffs destined for human consumption, replacing the existing requirement to state all raw materials used in the manufacture as a percentage of the total weight with a simple list of ingredients in decreasing order by weight. This would be accompanied by an obligation for producers to specify, at a consumer's request, quantitative data in a range of within more or less 15% of the exact quantity, while safeguarding their intellectual property rights.
Although in favour of the main aims of the proposal, the EP agriculture committee is opposed, in its report adopted in October 2008, to the possibility of feed producers being able to refuse to divulge information, following the European Court of Justice assessment that a +/-15% tolerance for the exact amounts provides sufficient safeguards for producers' manufacturing secrets. The Council, on the other hand, stressed that they should be given this possibility. In negotiations with the Commission and Council, MEPs finally obtained a statement that the right to refuse data to customers would be replaced by a general clause stating that the information should be provided “without prejudice to the provisions of the 2004 directive on intellectual property rights”.
The EP delegation also hoped that the relevant national authorities would be able to provide, when justified, additional information requested by customers, perhaps subject to a requirement that they sign a confidentiality clause. The Council accepted this request on condition that such information should be provided only in the event of health and environmental emergencies.
For nutritional claims used in marketing, MEPs obtained a statement that national authorities may ask the Commission to clarify issues where purchasers raise doubts as to truthfulness (including, if necessary, by requesting an opinion from the European Food Safety Authority (EFSA). Also, the provisions on labelling feed additives are less restrictive than foreseen in the Commission proposal, with a view to improving purchasers' information.
Catalogue and registers of feed materials used. MEPs request that manufacturers be required to notify immediately that the use of new feed materials not listed in the EU catalogue has been accepted by the Council. These notifications would be made through an online register to be run and updated regularly via the industry. Notifications will not however be linked to the catalogue to be approved by the Commission. The decision to use the catalogue and codes of conduct will be voluntary, but once they are used, their provisions will be binding. Also, the Council accepted MEPs' request that the new legislation should include a list of materials banned in animal feed. The list, compiled in 2004, includes household waste, waste water and packaging.
According to codecision rules, a first reading agreement will come about if this text is adopted without amendment by the MEPs and then by the Council, which means that the new regulation could take effect during 2010. If MEPs adopt further amendments, a second reading may be necessary. (L.C./transl.jl)