COMMISSION DECISION
of 21 May 2007
on guidelines to assist Member States in preparing the single integrated multi-annual national control plan provided for in Regulation (EC) No 882/2004 of the European Parliament and of the Council
(notified under document number C(2007) 2099)
(Text with EEA relevance)
(2007/363/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 43(1) thereof,
Whereas:
(1)
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (2) provides the basis for the assurance of a high level of protection of health and consumers’ interests in relation to food.
(2)
Regulation (EC) No 882/2004 lays down general rules for the performance of official controls by the Community or the competent authority of the Member States to verify compliance with rules concerning feed and food law, animal health and animal welfare rules.
(3)
Article 41 of Regulation (EC) No 882/2004 provides that each Member State is to prepare a single integrated multi-annual national control plan to ensure the effective implementation of Article 17(2) of Regulation (EC) No 178/2002, of animal health and animal welfare rules and of Article 45 of Regulation (EC) No 882/2004 (the national control plan).
(4)
The purpose of the national control plans is also to establish a solid basis for Commission inspection services to carry out controls in the Member States.
(5)
Article 27a of Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (3) provides that Articles 41 to 46 of Regulation (EC) No 882/2004 concerning national control plans, annual reports, and Community controls in Member States and third countries are to apply, as appropriate, in order to ensure the effective implementation of that Directive.
(6)
Article 42 of Regulation (EC) No 882/2004 lays down principles for the preparation of the national control plans and in particular the general information to be contained in them.
(7)
Article 43 of Regulation (EC) No 882/2004 provides that the Commission is to draw up guidelines on national control plans to, inter alia, promote a consistent, comprehensive and integrated approach to official controls which cover all sectors and all stages of the feed and food chain, including imports and the introduction into the Community of feed and food and which verify compliance with food and feed, animal health and animal welfare legislation (the guidelines).
(8)
Article 43 of Regulation (EC) No 882/2004 also provides that national control plans are to take account of the guidelines. The guidelines are not binding but serve to provide useful guidance to the Member States in the implementation of that Regulation. In addition, Article 43 also sets out specially the purpose and contents of the guidelines with regard to the national control plans.
(9)
Article 45 of Regulation (EC) No 882/2004 provides that Community audits are to be carried out in the Member States on a regular basis mainly in order to verify that official controls are carried out in accordance with the national control plans and in compliance with Community law.
(10)
Certain matters can only be developed in the light of experience gained from the implementation of national control plans, from audits of the competent authorities in the Member States in accordance with Article 4(6) of Regulation (EC) No 882/2004, and by Commission experts under Article 45 of that Regulation as well as from the information included in the annual reports submitted by the Member States under Article 44 of that Regulation. It is therefore appropriate to take a ‘phased’ approach in developing the guidelines.
(11)
Accordingly, the guidelines set out in this Decision should concentrate on the elements of the national control plans which are to be in place in the Member States in order to meet the minimum requirements of Regulation (EC) No 882/2004, and in particular the requirements of Article 42 which sets out the principles for the preparation of national control plans. The guidelines should also provide a basis for the Community controls in the Member States.
(12)
Further guidelines addressing specific issues, where appropriate, may later be developed progressively in the light of experience.
(13)
The guidelines laying down criteria for the conduct of the audits provided for in Article 4(6) and Article 43(1)(i) of Regulation (EC) No 882/2004 are set out in the Annex to Commission Decision 2006/677/EC of 29 September 2006 setting out the guidelines laying down criteria for the conduct of audits under Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls to verify compliance with feed and food law, animal health and animal welfare rules (4).
(14)
The guidelines laying down the structure of and information to be contained in the annual report by the Member States to the Commission as provided for in Article 44 of Regulation (EC) No 882/2004 are to be adopted later.
(15)
The Commission is to keep the guidelines set out in this Decision under review and update them, as necessary, following the receipt and examination of the national control plans and in the light of the experience of the Member States in implementing Regulation (EC) No 882/2004.
(16)
The measures set out in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The guidelines provided for in Article 43(1) of Regulation (EC) No 882/2004 to be taken into account in the multi-annual national control plan provided for in Article 41 of that Regulation (the national control plan) are set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 21 May 2007.