Circulation of Compound Feedingstuffs Rules, 2005

L.N. 362 of 2005

VETERINARY SERVICES ACT, 2001

(ACT NO. XXIII OF 2001)

Circulation of Compound Feedingstuffs Rules, 2005

IN exercise of the powers conferred by article 26 of the Veterinary

Services Act, 2001, the Minister for Rural Affairs and the Environment

has made the following rules>-

(1) The title of these rules is the Circulation of Compound

Feedingstuffs Rules, 2005.

(2) These rules shall apply to compound feedingstuffs

marketed in Malta.

(3) The scope of these rules is to transpose the provisions

found in European Council Directive 79#373#EEC on the circulation of

compound feedingstuffs, hereinafter referred to as “the Directive”.

(4) These rules shall apply without prejudice to the

provisions on>

(a)

feed materials<

(b) additives used in feedingstuffs<

(c) undesirable substances and products in animal nutrition<

(d) the fixing of maximum permitted levels for pesticide

residues on or in products intended for human or animal

consumption<

(e)

the organization of markets in agricultural products<

(f)

certain products used in animal nutrition<

(g) the approximation of the laws of Malta relating to the

making up, by mass or by volume, of certain prepackaged products<

(h) feedingstuffs for particular nutritional purposes.

PART A

General provisions

1. The levels indicated or to be declared relate to the weight of the compound

feedingstuff as such, unless otherwise stated.

2. The feedingstuff's moisture content must be stated if it exceeds

— 7 % in the case of milk replacer feeds and other compound

feedingstuffs with a milk-product content exceeding 40 %,

— 5 % in the case of mineral feedingstuffs containing no organic

substances,

— 10 % in the case of mineral feedingstuffs containing organic

substances,

— 14 % in the case of other compound feedingstuffs.

In the case of compound feedingstuffs with a moisture content not

exceeding the limits stated in the sub-rule s above, that content may also

be declared.

3. The level of ash insoluble in hydrochloric acid shall not exceed 3,3 % of the dry matter

in the case of compound feedingstuffs composed mainly of rice by-products and 2,2 % of

the dry matter in other cases.

However, the 2,2 % level may be exceeded in the case of

— compound feedingstuffs containing authorized mineral binding agents,

— mineral compound feedingstuffs,

— compound feedingstuffs containing more than 50 % of sugar beet chips

or sugar beet pulp,

— compound feedingstuffs intended for farmed fish with a fish meal

content of over 15 %, provided that the level is declared as a percentage of the

feedingstuff as such.

In the case of compound feedingstuffs with a level of ash insoluble in

hydrochloric acid not exceeding the limits stated in the sub-rule s above,

that level may also be declared.

4. The iron level in milk replacer feeds for calves of a live weight less than or

equal to 70 kilograms must be at least 30 milligrams per kilogram of the

complete feedingstuff at a moisture content of 12 %.

5. Where, on official inspection pursuant to rule 15, the composition of a compound

feedingstuff other than for pets is found to depart from the declared composition, the

following minimum tolerances shall be permitted, subject to rule 3

5.1. Where the content recorded is less than the declared content

5.1.1. Crude protein

— 2 units for declared contents of 20 % or more,

— 10 % of the declared content for declared contents of less than 20 %

but not less than 10 %,

— 1 unit for declared contents of less than 10 %.

5.1.2. Total sugar

— 2 units for declared contents of 20 % or more,

— 10 % of the declared content for declared contents of less than 20 %

but not less than 10 %,

— 1 unit for declared contents of less than 10 %.

5.1.3. Starch and total sugar plus starch

— 2,5 units for declared contents of 25 % or more,

— 10 % of the declared content for declared contents of less than 25 %

but not less than 10 %,

— 1 unit for declared contents of less than 10 %.

5.1.4. Crude oils and fats

— 1,5 units for declared contents of 15 % or more,

— 10 % of the declared content for declared contents of less than 15 %

but not less than 8 %,

— 0,8 unit for declared contents of less than 8 %.

5.1.5. Sodium, potassium and magnesium

— 1,5 units for declared contents of 15 % or more,

— 10 % of the declared content for declared contents of less than 15 %

but not less than 7,5 %,

— 0,75 unit for declared contents of less than 7,5 % but not less than 5 %,

— 15 % of the declared content for declared contents of less than 5 % but

not less than 0,7 %,

— 0,1 unit for declared contents of less than 0,7 %.

5.1.6. Total phosphorus and calcium

— 1,2 units for declared contents of 16 % or more,

— 7,5 % of the declared content for declared contents of less than 16 %

but not less than 12 %,

— 0,9 unit for declared contents of less than 12 % but not less than 6 %,

— 15 % of the declared content for declared contents of less than 6 % but

not less than 1 %,

— 0,15 unit for declared contents of less than 1 %.

5.1.7. Methionine, lysine and threonine

— 15 % of the declared content.

5.1.8. Cystine and tryptophan

— 20 % of the declared content.

5.2. Where the content recorded is more than the declared content

5.2.1. Moisture

— 1 unit for declared contents of 10 % or more,

— 10 % of the declared content for declared contents of less than 10 %

but not less than 5 %,

— 0,5 unit for declared contents of less than 5 %.

5.2.2. Crude ash

— 1 unit for declared contents of 10 % or more,

— 10 % of the declared content for declared contents of less than 10 %

but not less than 5 %,

— 0,5 unit for declared contents of less than 5 %.

5.2.3. Crude fibre

— 1,8 units for declared contents of 12 % or more,

— 15 % of the declared content for declared contents of less than 12 %

but not less than 6 %,

— 0,9 unit for declared contents of less than 6 %.

5.2.4. Ash insoluble in hydrochloric acid

— 1 unit for declared contents of 10 % or more,

— 10 % of the declared content for declared contents of less than 10 %

but not less than 4 %,

— 0,4 unit for declared contents of less than 4 %.

5.3. Where the variation noted is in the opposite direction to those referred to

respectively in 5.1 and 5.2

5.3.1 — crude protein, crude oils and fats, total sugar, starch: tolerance twice

that permitted for these substances in 5.1,

— total phosphorus, calcium, potassium, magnesium, sodium, crude ash,

crude fibre: tolerance three times that permitted for those substances in

5.1 and 5.2.

6. Where, on official inspection pursuant to rule 15, the composition of a

compound feedingstuff for pets is found to depart from the declared

composition, the following minimum tolerances shall be permitted, subject

to rule 3

6.1. Where the content recorded is less than the declared content

6.1.1. Crude protein

— 3,2 units for declared contents of 20 % or more,

— 16 % of the declared content for declared contents of less than 20 %

but not less than 12,5 %,

— 2 units for declared contents of less than 12,5 %.

6.1.2. Crude oils and fats

— 2,5 units of the declared content.

6.2. Where the content recorded is more than the declared content

6.2.1. Moisture

— 3 units for declared contents of 40 % or more,

— 7,5 % of the declared content for declared contents of less than 40 %

but not less than 20 %,

— 1,5 units for declared contents of less than 20 %.

6.2.2. Crude ash

— 1,5 units of the declared content.

6.2.3. Crude fibre

— 1 unit of the declared content.

6.3. Where the variation noted is in the opposite direction to those referred to respectively

in 6.1 and 6.2

6.3.1. Crude protein

— tolerance twice that permitted for that substance in 6.1.1.

6.3.2. Crude oils and fats

— identical tolerance to that permitted for that substance in 6.1.2.

6.3.3. Crude ash, crude fibre

— tolerance three times that permitted for those substances in 6.2.2 and

6.2.3.

7. Labelling of compound feedingstuffs containing protein derived from mammalian

tissue.

7.1. The labelling of compound feedingstuffs containing protein derived from

mammalian tissue and intended for animals other than pets must contain the following

statement: ‘This compound feedingstuff contains protein derived from mammalian tissue

the feeding of which to ruminants is prohibited’. This does not apply to compound

feedingstuffs which contain no protein derived from mammalian tissue other than the

following;

— milk and milk products,

— gelatin,

— amino acids obtained from hides and skins by a process which involves

exposure of the material to a pH of 1 to 2 followed by a pH of > 11,

followed by heat treatment at 140 ºC for 30 minutes at 3 bar,

— dicalcium phosphate derived from defatted bones, and

— dried plasma and other blood products.

7.2. Where Malta prohibits the use of protein derived from mammalian tissue as referred

to in 7.1, first sentence, in feedingstuffs for certain animals other than ruminants as

permitted by Article 1 (2) of Council Directive 90/667/EEC, the statement required in 7.1

must mention in addition the other species or categories of animals to which it has

extended the prohibition on the use of the products in question.

PART B

Declaration of analytical constituents

Feedingstuffs

Analytical

Species or category of animal

constituents and

levels

Compulsory

Optional declarations

declarations

according to Article 5

according to

(3) (k)

Article 5 (1) (f)

(1)

(2)

(3)

(4)

Complete

-

Crude

-

Animals

feedingstuffs

protein

except than

-

Crude oils

dogs and

and fats

cats

-

Crude fibre

-

Crude ash

-

Lysine

-Pigs

-

Methionine

- Poultry

-

Cystine

-

Threonine

All animals

-

Trytptophan

-

Energy value

- Starch

-Total sugar (as

glucose)

- Total sugar

plus starch

-Calcium

- Sodium

- magnesium

- Potassium

- Phosphorous

Fish except

Animals other than

ornamental fish

fish except

ornamental fish

Complementary

— Crude protein.

feedingstuffs —

Mineral

— Crude fibre

. ……………

— Crude ash

………………………

— Crude oils and

………………………

fats

— Lysine . . . . . . . .

— Methionine . . . .

All animals

— Cystine . . . . . . .

— Threonine . . . . .

— Tryptophan

— Calcium

All animals

- Phosphorus

— Sodium

— Magnesium

Animals other

— Potassium . . . . . .

Ruminants

than ruminants

All animals

Analytical constituents

Species or category of animal

Feedingstuffs

and levels

Compulsory

Optional

declarations

declarations

according to

according to

Article 5 (1) (f)

Article 5(3) (k)

(1)

(2)

(3)

(4)

Complementary

— Crude protein

feedingstuffs —

— Crude fibre

Molassed

— Total sugar (as

sucrose)

— Crude ash

All animals

— Crude oils and fats .

— Calcium . . . . . . . . .

— Phosphorus . . . . . . .

— Sodium . . . . . . . . . .

All animals

. . .

— Potassium . . . . . . . .

— Magnesium ≥ 0,5 %

Animals other

< 0,5 % Ruminants

than ruminants

Complementary

— Crude protein

Animals except

Pets other than

feedingstuffs —

— Crude oils and fats

pets other than

dogs and cats

Other

— Crude fibre

dogs or cats

— Crude ash

Pets

— Calcium ≥ 5 %

Animals other than

All animals

< 5 %

pets

— Phosphorus ≥ 2 %

Animals other

All animals

Pets

than pets

< 2 %

— Magnesium ≥ 0,5 %

Ruminants

< 0,5 %.

— Sodium

Animals other

— Potassium

than ruminants

— Energy value

Poultry

(declaration

according to

EEC method )

Pigs and ruminants

(declaration

according to

national official

methods)

— Lysine

Pigs

Animals other than

— Methionine

pigs

Poultry

Animals other than

— Cystine.

poultry

…………………

— Threonine

………………….

— Tryptophan

………………….

— Starch

All animals

— Total sugar (as

sucrose) . . . . . . . . . . . .

.

— Total sugar plus

starch . . . . . . . . . . . . .

For the purposes of these rules, the following definitions shall Definitions.

apply>-

“animals” means animals belonging to species normally kept

and nourished or consumed by man<

“complementary feedingstuffs” means mixtures of

feedingstuffs which have a high content of certain substances but

which, by reason of their composition, are sufficient for a daily

ration only if used in combination with other feedingstuffs<

“complete feedingstuffs” means mixtures of feedingstuffs

which, by reason of their composition, are sufficient for a daily

ration<

“compound feedingstuffs” means mixtures of feed materials,

whether or not containing additives, for oral animal feeding in the

form of complete or complementary feedingstuffs<

“daily ration” means the average total quantity of

feedingstuffs, calculated on a moisture content of 12 %, required

daily by an animal of a given species, age category and yield, to

satisfy all its needs<

“feedingstuffs” means products of vegetable or animal origin

in their natural state, fresh or preserved, and products derived from

the industrial processing thereof, and organic or inorganic

substances, used singly or in mixtures, whether or not containing

additives, for oral animal feeding<

“feed materials” means various products of vegetable or

animal origin, in their natural state, fresh or preserved, and products

derived from the industrial processing thereof, and organic or

inorganic substances, whether or not containing additives, which

are intended for use in oral animal feeding, either directly as such

or after processing, in the preparation of compound feedingstuffs

or as carriers of premixtures<

“ milk replacer feeds” mean compound feedingstuffs

administered in dry form or after dilution in a given quantity of

liquid for feeding young animals as a supplement to, or substitute

for, post-colostral milk or for feeding calves intended for slaughter<

“mineral feedingstuffs” means complementary feedingstuffs

composed mainly of minerals and containing at least 40 % crude

ash<

“minimum storage life of a compound feedingstuff” means

the date until which, under proper storage conditions, that

feedingstuff retains its specific properties.

“molassed feedingstuffs” means complementary feeding

stuffs prepared from molasses and containing at least 14 % total

sugar expressed as sucrose<

“pet animals” means animals belonging to species normally

nourished and kept, but not consumed, by man, except animals

bred for fur<

“Third Country” means a State which is not a Member within

the European Community<

“Veterinary Services” means the competent authority within

the territory of Malta as established under article 2 of the Veterinary

Services Act.

Without prejudice to the obligations prescribed by any other

law, compound feedingstuffs may be marketed in Malta only if they

are wholesome, unadulterated and of merchantable quality. They shall

also prescribe that compound feedingstuffs may not represent a danger

to animal or human health and may not be presented or marketed in a

manner liable to mislead.

(1) The competent authority shall prescribe that compound

feedingstuffs may be marketed only in sealed packages or containers.

They shall also prescribe that the packages or containers be sealed in

such a way that, when the package is opened, the seal is damaged and

cannot be re-used.

(2) Exceptions to the principle of sub-rule (1) to be

authorized at European Union level shall be listed in accordance with

the procedure laid down in rule 16, provided that the identity and quality

of the compound feedingstuffs concerned are ensured.

(1) In Malta, compound feedingstuffs may not be marketed

unless the following particulars listed below, which shall be clearly

visible, legible and indelible and for which the manufacturer, packer,

importer, seller or distributor established within the Community shall

be held responsible, are shown, in a space provided for that purpose, on

the packaging, on the container or on a label attached thereto>

(a) the description “complete feedingstuff”,

“complementary feedingstuff”, “mineral feedingstuff”, “molassed

feedingstuff”, “complete milk replacer feed” or “complementary

milk replacer feed”, as appropriate<

(b) the species or category of animal for which the

compound feedingstuff is intended<

(c) directions for the proper use of the feedingstuff indicating

the purpose for which the feedingstuff is intended<

(d) for all compound feedingstuffs except those intended

for pets other than dogs and cats> the feed materials to be declared

in accordance with rule 6<

(e) where appropriate, the declarations of the analytical

constituents in the cases provided for in Part A of the Schedule<

(f) as relevant to the case, the declarations provided for in

Part B of the Schedule in columns 1, 2 and 3<

(g) the name or business name and the address or registered

place of business of the person responsible for the particulars

referred to in this sub-rule<

(h) the net quantity expressed in units of mass in the case of

solid products, and in units of mass or volume in the case of liquid

products<

(i) the minimum storage life, to be indicated in accordance

with rule 7 <

(j) the batch number if the date of manufacture is not given.

(k) the approval number allocated to the establishment in

accordance with Article 5 of Council Directive 95#69#EC of 22 nd

December 1995 laying down the conditions and arrangements for

approving and registering certain establishments and intermediaries

operating in the animal feed sector.

(2) In Malta, compound feedingstuffs, when marketed in

tankers or similar vehicles or in accordance with rule 5 (2), shall be

accompanied by a document containing the particulars referred to in

sub-rule (1) of this rule. For small quantities of feedingstuffs intended

for the final user, these particulars may be brought to the purchaser’s

attention by means of an appropriate notice at the point of sale.

(3) In Malta, in conjunction with the particulars listed in

sub-rule (1), only the following additional particulars may be put in the

space referred to in sub-rule (1)>

(a) the identification mark or trade mark of the person

responsible for the labelling particulars<

(b) the name or business name and the address or registered

place of business of the manufacturer, if this is not the person

responsible for the labelling particulars<

(c)

where appropriate, the batch number<

(d) the country of production or manufacture<

(e)

the price of the product<

(f)

the description or trade name of the product<

(g) for compound feedingstuffs intended for pets other than

dogs and cats> the feed materials to be declared in accordance

with rule 6<

(h) where appropriate, particulars relating to the provisions

of rule 17 (a)<

(i) an indication of the physical condition of the feedingstuff

or the specific processing it has undergone<

(j) where appropriate, the declarations of the analytical

constituents in the cases provided for in Part A of the Schedule<

(k) the declarations provided for in Part B of the Schedule

in columns 1, 2 and 4<

(l) the date of manufacture to be indicated in accordance

with rule 7 (2)

(4) The Veterinary Services may, for feedingstuffs produced

and marketed in Malta>

(a) permit the particulars specified in sub-rule 1 (b) to (f)

and (h) to be shown only in an accompanying document<

(b) prescribe an official code number enabling the

manufacturer to be identified where the latter is not responsible

for the labeling particulars.

(5) The competent authority shall prescribe that>

(a) in the case of compound feedingstuffs constituted from

no more than three feed materials the particulars referred to in

sub-rule 1 sub-rule (b) and (c) shall not be required where the

feed materials used appear clearly in the description<

(b) in the case of whole grain mixes, the declarations referred

to in sub-rule 1 (e) and (f) shall not be required< they may, however,

be provided<

(c) the descriptions ‘complete feedingstuff’ or

‘complementary feedingstuff’ in respect of feedingstuffs intended

for pets other than dogs or cats may be replaced by the description

‘compound feedingstuff’. In this case, the declarations required or

allowed under this regulation shall be those laid down for complete

feedingstuffs<

(d) the minimum storage life, the net quantity and the batch

reference number may be marked outside the space reserved for

the labeling particulars referred to in sub-rule 1< in this case, the

relevant expressions shall be accompanied by an indication of

where the information appears.

(6) For compound feedingstuffs for pets, the descriptions

‘compound feedingstuff’, ‘complementary feedingstuff’, and ‘complete

feedingstuff’ may be replaced by the descriptions ‘compound pet food’,

‘complementary pet food’ ‘and complete pet food’ respectively in the

English language.

(1) Where a declaration of the feed materials is provided, Listing of feed

materials.

all the feed materials must be mentioned.

(2) The listing of feed materials shall be subject to the

following provisions>

(a) in compound feedingstuffs intended for animals other

than pets,

(i) the listing of feed materials shall be in descending

order by weight<

(ii) with regard to percentages, a 15% tolerance of the

declared value shall be allowed<

(b) in compound feedingstuffs intended for pets>

listing of feed materials< either indicating the amount contained or

by naming such amount in descending order by weight.

(3) The feed materials shall be described by their specific

names< however, categories grouping several feed materials will be

established in accordance with rule 11 (a)< in that case, the indication

of the specific name of the feed materials may be replaced by the name

of the category to which the feed materials belongs. Use of one of these

two forms of declaration shall exclude use of the other save where one

of the feed materials used belongs to none of the categories which have

been defined< in that case the feed materials, designated by its specific

name, shall be mentioned in order of importance by weight in relation

to the categories.

(4) Where no measure has been adopted under rule 12, the

competent authority may retain the feed materials categories it has

determined and allow the indication of the feed materials to be replaced

by that of the categories.

(5) The labelling of compound feedingstuffs for pets may

also draw particular attention to the presence or low content of any feed

material which are essential aspects of the characteristics of the

feedingstuff. In such a case, the minimum or maximum content,

expressed in terms of percentage by weight of the feed material

incorporated, must be clearly indicated either opposite the declaration

drawing special attention to the feed material or in the list of feed

material(s) or by mentioning the feed material and the percentageby

weight concerned opposite the corresponding category of feed material.

(1) The minimum storage life shall be given by the following

indications>

(a) “use before …” followed by the date (day, month and

year) in the case of microbiologically highly perishable

feedingstuffs<

(b) “best before …” followed by the date (month and year)

in the case of other feedingstuffs. Where other Community

provisions concerning compound feedingstuffs require indication

of a minimum storage life, only the earliest date shall be indicated.

(2) The date of manufacture shall be expressed as follows>

“manufactured … (days, months, or years) before the

minimum storage life expiry date indicated”.

Where rule 5 (5) (d) applies, the abovementioned entry shall

be followed by an indication of where that storage life is indicated.

The person responsible for the labelling particulars of a Additional

compound feedingstuff may provide information in addition to that information.

required under this rule>

Provided that such information>-

(a) may not be designed to indicate the presence or content

of analytical constituents other than those the declaration of which

is provided for in Article 5 of this Directive or Article 5 (2) of

Council Directive 93# 74#EEC of the 13 th September 1993 on

feedingstuffs intended for particular nutritional purposes ,

(b) shall not mislead the user, in particular by attributing to

the feedingstuff effects or properties that it does not possess or by

suggesting that it possesses special characteristics when in fact all

similar feedingstuffs possess such characteristics,

(c) shall not claim that the feedingstuff will prevent, treat

or cure a disease,

(d) shall relate to objective or quantifiable factors which

can be substantiated,

(e) shall be clearly separated from all the particulars

specified in regulation 6

The competent authority shall prescribe that the general Provisions of Part A

provisions contained in Part A of the Schedule to these rules shall apply of

these rules.

to the marketing of compound feedingstuffs.

The competent authority shall ensure that compound Compound

feedingstuffs are not subject, for reasons concerning the provisions feedingstuffs

subject only to

included in this Directive, to marketing restrictions other than those marketing

restrictions.

provided for by these rules .

In accordance with the procedure laid down in rule 16 and in

the light of advances in scientific and technical knowledge>

(a) there shall be established categories grouping several

feed material or materials<

(b) a list shall be established of feed material or materials

the use of which is prohibited in compound feedingstuffs for public

or animal health reasons<

(c) methods of calculating the energy value of compound

feedingstuffs may be established.

(1) The competent authority shall prescribe that any feed

material or materials included on the list of the main feed materials

listed in Part B of the Schedule to Council Directive 96#25#EC of 29

April 1996 on the circulation of feed materials, amending Directives

70#524#EEC, 74#63# EEC, 82#471#EEC and 93#74#EEC and repealing

Directive 77#101# EEC may be declared as such only under the names

specified therein and on condition that they correspond to the

descriptions and comply with any possible minimum compositional

requirements contained therein.

(2) Malta shall ensure that the provisions of headings (I),

(II), (III) and (IV) of Part A ‘General’ of the Schedule to Directive

96#25#EC are respected.

For the purposes of marketing within Malta and the EU

Member States, the indications printed on the accompanying document,

on the packaging, on the container or on the label attached thereto shall

be written in at least one or several languages which the country of

destination shall determine from among the national or official languages

of Malta and the Member States>

Provided that for Malta the Maltese and English languages are

both the official languages.

G[all-finijiet ta’ çirkolazzjoni f’Malta u l-Istati Membri ta’ Lingwa tad-

dokument li

l-Unjoni Ewropeja, kull indikazzjoni stampata fuq id-dokument jakkompanja.

akkumpanjanti, fuq l-ippakkettjar, u r-riçipjent jew fuq it-tikkettta

mwa[[la, g[andha tinkiteb f’g[allinqas lingwa wa[da jew diversi lingwi

li l-pajji] ta’ destinazzjoni g[andu jiddetermina minn fost il-lingwi

uffiçjali nazzjonali jew uffiçjali ta’ Malta u l-Istati Membri>

I]da g[al Malta, l-lingwi uffiçjali huma kemm l-ilsien Malti kif

ukoll l-ilsien Ingli].

Malta shall make all necessary arrangements for official

inspection during manufacture or marketing, at least by sampling, in

order to ensure compliance with the requirements of these rules .

(1) Where the procedure laid down in this rule is to be Standing

on Feedingstuffs.

followed, the matter shall be referred without delay to the Standing

Committee for Feedingstuffs, hereinafter called ‘the Committee’, by

its chairman, either on his own initiative or at the request of a Member

State.

(2) The representative of the Commission shall submit to

the Committee a draft of the measures to be adopted. The Committee

shall deliver its opinion on the draft within a time limit which the

Chairman may lay down according to the urgency of the matter. The

opinion shall be delivered by the majority laid down in Article 148 (2)

of the Treaty in the case of decisions which the Council is required to

adopt on a proposal from the Commission. The votes of the

representatives of the Member States within the Committee shall be

weighted in the manner set out in Article 148 (2). The Chairman shall

not vote.

(3) The Commission shall adopt the measures and

implement them forthwith where they are in accordance with the

opinion of the Committee. Where they are not in accordance with the

opinion of the Committee, or if no opinion is delivered, the

Commission shall at once submit a proposal to the Council on the

measures to be taken. The Council shall adopt the measures by a

qualified majority.

(4) lf the Council has not adopted any measures

within three months of receiving the proposal, the Commission

shall adopt the proposed measures and implement them forthwith

except where the Council has voted by a simple majority against

such measures.

These rules shall not affect the right of Malta>

Rights pertaining to

Malta.

(a) to recommend types of compound feedingstuffs which

meet certain analytical characteristics<

(b) to refrain from applying the provisions of these rules to

compound feedingstuffs in respect of which it is proved at least by

some appropriate marking that they are intended for export to third

countries<

(c) to refrain from applying the provisions of this Directive

to compound feedingstuffs where a special label marking gives

proof that they are intended for animals kept for scientific or

experimental purposes.