The request takes the form of a “reasoned opinion” under EU infringement procedures. In the absence of a satisfactory response within two months, the Commission may decide to refer Spain to the European Court of Justice.
Directive
2009/141/EC establishes maximum limits for heavy metals such as arsenic, certain pesticides and botanical impurities in animal feed. States were supposed to implement this Directive by July 1, 2010, but Spain has failed to do so.
Major policy concerns
“
Undesirable substances” are substances or products in animal feed presenting potential danger to human health, animal health or the environment, which are major policy concerns for the European Commission.
The Commission initiated an infringement procedure last year by sending a letter of formal notice to Spain.
Now, by sending of a “Reasoned Opinion”, the Commission formally asks Spain to take action to comply with EU law within a period of two months.
Subsequently, the Commission may decide to refer Spain to the European Court of Justice, if action to ensure compliance is not taken.