1985L0073 — EN — 01.01.1996 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M2 COUNCILDIRECTIVE
of29January1985
onthefinancingofveterinaryinspectionsandcontrolsofanimalproductscoveredbyAnnexAto
Directive 89/662/EECandbyDirective 90/675/EEC
(85/73/EEC) ◄
(OJ L 32, 5.2.1985, p. 14)
Amended by:
Official Journal
No page date
►M1Council Directive 88/409/EEC of 15 June 1988 L 194 28 22.7.1988
►M2Council Directive 93/118/EC of 22 December 1993 L 340 15 31.12.1993
►M3Council Directive 94/64/EC of 14 December 1994 L 368 8 31.12.1994
►M4Council Directive 95/24/EC of 22 June 1995 L 243 14 11.10.1995
►M5Council Directive 96/17/EC of 19 March 1996 L 78 30 28.3.1996
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COUNCILDIRECTIVE
of29January1985
on the financing of veterinary inspections and controls of animal
products covered by Annex A to Directive 89/662/EEC and by
Directive 90/675/EEC
(85/73/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas, in order to make the health safeguards offered to the
consumer uniform, Directive 64/433/EEC (4), aslas t amended by
Directive 83/90/EEC (5), provided for the implementation of health
inspections and controls in respect of fresh meat likely to be involvedin intra-Community trade;
Whereas, in order to safeguard human and animal health within the
Community, Directive 72/462/EEC (
6), aslas t amended by Directive
83/91/EEC (7), providesfor health controlsto be carried out by the
competent authoritiesof the Member Statesupon importation of fres hmeat and for inspections to be carried out by veterinary experts of the
Member States and the Commission within the exporting third coun-
tries;
WhereasDirective 64/433/EEC relatesonly to fres h meat likely to be
involved in intra-Community trade; whereas, however, the authorities
of the Member Stateshave introduced national controlsfor fres h meatintended solely for the national market;
WhereasCouncil Directive 71/118/EEC (
8), aslas t amended by Direc-
tive 84/642/EEC (9), makes provision for health inspections and
controlsfor fres h poultrymeat;
Whereas these health inspections and controls give rise to the collec-
tion of feeswhich are at pres ent financed in different waysin theindividual Member States; whereas these differences are liable to affectthe conditionsof competition between linesof production which are for
the most part covered by common organizations of the markets;
Whereas, in order to remedy this situation, harmonized rules on the
financing of the said health inspections and controls should be laid
down;
Whereas, owing to the provisions and administrative procedures of
national management and financing, a further two-year period should
be granted so as to allow the Hellenic Republic to apply the necessarymachinery for collecting the fees relating to inspections and controls,1985L0073 — EN — 01.01.1996 — 005.001 — 2
(1) OJ No C 168, 28. 6. 1984, p. 4, OJ No C 97, 29. 4. 1981, p. 12 and OJ No
C 162, 22. 6. 1984, p. 10.
(2) OJ No C 87, 5. 4. 1982, p. 116 and opinion delivered on 17 January 1985
(not yet published in the Official Journal).
(3) OJ No C 307, 19. 11. 1984, p. 1 and opinion delivered on 12 December
1984 (not yet published in the Official Journal).
(4) OJ No 121, 29. 7. 1964, p. 2012/64.
(5) OJ No L 59, 5. 3. 1983, p. 10.
(6) OJ No L 302, 31. 12. 1972, p. 28.
(7) OJ No L 59, 5. 3. 1983, p. 34.
(8) OJ No L 55, 8. 3. 1971, p. 23.
(9) OJ No L 339, 27. 12. 1984, p. 26.▼M2
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HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The Member States shall ensure
— the collection of a Community fee for the costs occasioned by
health inspections and controls on the meat referred to in Directives
64/433/EEC, 72/462/EEC and 71/118/EEC, including the expensesentailed by the checksreferred to in Directive 86/469/EEC, aswell as those resulting from monitoring the rules laid down inDirective 93/118/EC (
1),
— the financing of:
— other veterinary inspections and controls laid down for the
productsreferred to in the Directiveslis ted in Annex A toDirective 89/662/EEC,
— the controlsprovided for by Directive 90/675/EEC for products
of animal origin other than the meat referred to in the first
indent, including controls to detect the presence of residues.
2. The fees referred to in paragraph 1 shall be fixed so as to cover
the costs incurred by the competent authority for
— salary costs, including social-security costs,
— administrative costs, which may include the expenditure required
for in-service training of inspectors
for carrying out the controlsand ins pectionsreferred to in paragraph 1.3. Any direct or indirect refund of the feesprovided for by this
Directive shall be prohibited.
Article 2
1. The Member States shall ensure, for the purpose of financing the
controlscarried out purs uant to the Directivesreferred to in Article 1by the competent authoritiesand for that purpos e only, the collection
— for the typesof meat referred to in Directives64/433/EEC, 71/118/
EEC and 72/462/EEC, with effect from 1 January 1994, of theCommunity feesfollowing the procedureslaid down in the Annex,
— from a date to be set at the time of adoption of the decisions
provided for by Article 6, of a Community fee for the controls
carried out on productsof animal origin referred to in Article 1
(1), second indent.
2. Pending the decisions referred to in the second indent of para-
graph 1, the Member Statesmay collect national feeswith due regardto the relevant principles governing the setting of Community fees.
3. Member Statess hall be authorized to collect an amount exceeding
the level or levelsof the Community fees , provided that the total feecollected by each Member State isnot greater than the actual figurefor inspection costs.
4. The Community fees shall replace all other health inspection
chargesor feeslevied by the national, regional or local authoritiesof
the Member Statesfor the ins pectionsand controlsreferred to inArticle 1 and the certification thereof. However, until 31 December1995, the Member States shall be authorized to collect registrationcosts for establishments approved in accordance with the rules referredto in Annex A to Directive 89/662/EEC.
ThisDirective s hall not preclude Member Statesfrom collecting a fee
for combating epizootic diseases.
5. The Member Statess hall forward information — initially two
years after the introduction of the new system and subsequently at theCommission's request — to the Commission concerning the distribution1985L0073 — EN — 01.01.1996 — 005.001 — 3
(1) OJ No L 340, 31. 12. 1993, p. 15▼M2
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and use of the fees and must be able to justify their method of calcula-
tion.
Article 3
1. Aspart of the checksprovided for in Article 12 of Directive 64/
433/EEC, Article 10 of Directive 71/118/EEC and Article 20 of Direc-
tive 90/675/EEC, the Commission may, by random spot checks, verifywhether the provisions of this Directive are being applied.
2. Where a Member State considers that the controls in another
Member State are carried out in such a way that the fees provided forin this Directive do not correspond to the actual costs of the controls, it
shall have recourse to the relevant provisions of Directive 89/608/EEC
and, in particular, Articles10 and 11 thereof.
Article 4
The fees shall be payable by the operator or owner of the establishment
carrying out the operationsreferred to in the Directiveslis ted in AnnexA to Directive 89/662/EEC, who shall have the option of passing onthe cost of the fee for the operation concerned to the natural or legalperson on whose behalf the said operations are carried out. For imports
the fees shall be payable by the importer or the customs agent acting
for the importer.
Article 5
The rate of conversion into national currency of the amounts in ecus
specified in this Directive shall be that published annually on the firstworking day of the month of September in the C series of the Official
Journal of the European Communities .
Thisrate s hall apply from 1 January of the following year.
However, the Member Statess hall apply for 1994 the rate of conver-
sion applicable on 1 September 1992 and, for 1995, the average of theconversion rates published in accordance with the first paragraph forthe last three years.
Article 6
1. The Council, acting by a qualified majority on a proposal from
the Commission, may supplement this Directive with specific Annexes,
so as to set the standard levels of the Community fees and determine
the rulesand principlesfor the application of thisDirective, includingexceptionsto be made, asrequired for the implementation of thecheckslaid down in the Directivesreferred to in Annex A to Directive89/662/EEC and in Directive 90/675/EEC.
2. The Annex to thisDirective may be amended or s upplemented by
the procedure provided for in paragraph 1.
3. Before 1 January 1996, the Council shall review this Directive on
the basis of a report from the Commission, accompanied by proposalswhere appropriate.
Article 7
The Member States shall inform the Commission
— of the conversion rates adopted each year in accordance with
Article 5,
— of the place or placeswhere feesare charged, in accordance with
Chapter I.6 of the Annex, giving any necessary explanations.
Article 8
1. Greece shall be authorized to derogate from the principles laid
down in this Directive where, because of geographical characteristics,the costs of collecting a fee in geographically remote regions aregreater than the yield from the fee.1985L0073 — EN — 01.01.1996 — 005.001 — 4
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The Greek authorities shall inform the Commission of the territorial
extent of the derogationsgranted.
The information shall be accompanied by any necessary explanations.2. In the case of other outermost regions, other Member States may
be authorized, in accordance with the procedure provided for in Article
18 of Directive 89/662/EEC, to benefit from the same derogations.
Article►
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Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive not laterthan 1 January 1986. They shall forthwith inform the Commissionthereof.
However, the Hellenic Republic shall have an additional period of two
yearsin which to comply with it.
Article►
M210◄
This Directive is addressed to the Member States.1985L0073 — EN — 01.01.1996 — 005.001 — 5
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ANNEX
FEES APPLYING TO MEAT COVERED BY DIRECTIVES 64/433/EEC,
71/118/EECAND72/462/EEC
CHAPTER I
Meatcovered byDirectives 64/433/EECand71/118/EEC
The fee referred to in Article 1 (1), first indent, is fixed in accordance with
Article 1 (2) asfollows :
1. Without prejudice to the application of points4 and 5, Member Stateswill
collect for inspection costs relating to slaughter
— the following standard amounts:
(a) beef and veal
— adult bovine animals: ECU 4,75 per animal,
— young bovine animals: ECU 2,5 per animal;
(b) solipeds/equidae: ECU 4,4 per animal;
(c) pigs: ECU 1,3 per animal;
(d) sheepmeat and goatmeat: animals of a carcase weight
(i) of less than 12 kilograms: ECU 0,175 per animal;
(ii) of between 12 and 18 kilograms: ECU 0,35 per animal;
(iii) of more than 18 kilograms: ECU 0,5 per animal.
Pending a review of the rules governing inspection for lambs, goats
and piglets of less than 12 kilograms, and until 31 December 1995
at the latest, the Member States may collect an amount corresponding
to the actual cost of inspection for the inspection of those slaughtered
animals;
(e)►M5until 30 June 1996 ◄, the minimum amount to be collected
for the ante-mortem and post-mortem inspection provided for in
Directive 71/118/EEC shall be fixed:
(i) either at a standard rate as follows:
— for broilers, other young poultry for fattening weighing less
than two kilograms and for cast hens: ECU 0,01 per animal,
— other young poultry for fattening of a carcase weight of more
than two kilograms: ECU 0,02 per animal,
— other heavy adult poultry weighing more than five kilograms:
ECU 0,04 per animal;
(ii) or, where a Member State decidesnot to make the dis tinction
between categoriesof poultry asin (i), at ECU 0,03 per bird;
— a share of the fees for
(a) administrative costs may not be lower than ECU 0,725 per tonne;
(b) examination for the presence of residues may not be lower than
ECU 1,35 per tonne.
2. The controlsand ins pectionsconnected with the cutting operationsreferred to
in Article 3 (1)(B) of Directive 64/433/EEC and Article 3 (1)(B) of Directive
71/118/EEC shall be covered
(a) either at a standard rate by the addition of a standard amount of ECU 3
per tonne on meat entering a cutting plant.
Thisamount isadded to the amountsreferred to in point 1 above;
(b) or by collecting the actual costs of inspection per hour worked, any hour
started being counted as an hour worked.
Where the cutting operations are carried out in the establishment where the
meat is obtained, the amounts laid down in the first subparagraph may be
reduced by up to 55 %.
3. Member States shall collect an amount corresponding to the actual expendi-
ture necessary for controls or inspections of the meat being stored, pursuant
to Article 3 (1)(D) of Directive 64/433/EEC and Article 3 (1)(C) of Directive
71/118/EEC.
The rulesof application of thispoint may be fixed under the procedure
provided for in Article 16 of Directive 64/433/EEC or Article 21 of Directive
71/118/EEC, with a view in particular to settling the cases of intervention
meat and meat subject to short-term storage in successive coldstores.1985L0073 — EN — 01.01.1996 — 005.001 — 6
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4. In order to cover increased costs, Member States may,
(a) increase the standard amounts for fees pursuant to points 1 and 2(a) for
individual establishments;
Thiswould be s ubject, for example, to one or more of the following
conditions(apart from the condition laid down in 5(a)):
— higher inspection costs due to a particular lack of uniformity in the
animals for slaughter from the point of view of age, size, weight
and state of health,
— longer waiting and otherwise non-productive periods for inspection
staff owing to inadequate advance planning by the establishment of
animal deliveriesor technical inadequaciesor failures , for example
in older establishments,
— frequent delays in the slaughtering process, e.g. as a result of insuffi-
cient slaughter staff and hence under-employment of inspection staff,
— higher costs due to special travelling times,
— more time taken up on inspections due to frequently changing
slaughter periods beyond the control of inspection staff,
— frequent interruptions in the slaughtering process to meet cleaning
and disinfecting requirements;
— inspections of animals which, at the request of the owner, are slaugh-
tered outside normal slaughtering hours.
The amount of the increases in the central standard rate for fees shall
depend on the level of the costs to be covered;
(b) or collect a special fee covering actual costs.
5. Member States in which salary costs, the structure of establishments and the
relationship between veterinarians and inspectors diverge from the Commu-
nity average taken as a basis for calculation of the standard amounts fixed
in points1 and 2(a) may exceptionally reduce them to meet the real cos ts
of inspection:
(a) in general, where there are substantial differences in the cost of living
and salary costs;
(b) for individual establishments, where the following conditions are met:
— a minimum daily slaughter rate must enable the deployment of the
relevant inspection staff to be planned in advance,
— the number of slaughtered animals must be constant, so that animal
deliveriesmay be planned in advance thusenabling rational us e to
be made of the inspection staff,
— strict organization and planning must prevail within the establishment
together with a rapid slaughter rate and optimum use of inspection
staff,
— there must be no waiting or otherwise non-productive periods for
inspection staff,
— the animals for slaughter must so far as possible be uniform in age,
size, weight and state of health.
In no case should the application of these exemptions result in reductions
of more than 55 % of the levelsindicated in point 1.
6. The feesreferred to in points1 to 4 s hall be collected, asappropriate, at the
slaughterhouse, cutting plant or cold store.
By way of exception to the first paragraph, in the case of establishments
carrying out more than one operation and of chainsof production covering
more than one operation, the Member Statesmay collect a total aggregate
fee including the various amounts simultaneously and at a single location.
However, if the fee collected at the slaughterhouse covers the whole of the
inspection costs referred to in the first paragraph, the Member States shall
not collect any fee at the cutting-plant or the cold store.
CHAPTER II
MeatfallingunderDirective 72/462/EEC
1. The fee referred to in the first indent of Article 1 (1) is fixed in accordance
with Article 1 (2) at the minimum standard level of ECU 5 per tonne, with a
minimum amount of ECU 30 per consignment; that minimum is not however
charged in the case of small consignments imported in cross-border trade.
However, Member Statesmay exceptionally increas e thisamount to meet
real costs.1985L0073 — EN — 01.01.1996 — 005.001 — 7
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2. However, for importsfrom any of the following countries : New Zealand,
Canada, Australia, the United States, Poland, the Czech Republic, the Slovak
Republic, Hungary, Bulgaria, Romania, Uruguay, Chile, Argentina, Switzer-
land and Norway, which asat 31 December 1994 have begun exploratory
talkswith the European Community with a view to concluding a comprehen-
sive agreement on the equivalence of veterinary guarantees (animal health
and public health) based on the principle of reciprocal treatment, Member
Statesmay, until s uch an agreement isconcluded or until 31 December
1996 at the latest, maintain the reduced level of fees which they applied as
at 1 January 1994.
That reduction may not be more than 55 % of the flat-rate levelsreferred to
in point 1.
The amount of the fee to be charged on importsfrom any of the third coun-
tries referred to in the first subparagraph shall be fixed, following the
conclusion of the comprehensive equivalence agreement with the said third
country, by the procedure referred to in paragraph 3, taking into account the
following principles:
— the frequency of checks,
— the level of the fee applied by the said third country to imports origi-
nating in the Community,
— abolition of other charges levied by the third country, such as compulsory
lodging or collection of a health bond.
3. When the decisions provided for in Article 8 (3) of Directive 90/675/EEC are
adopted and under the same procedure, the amounts laid down in point 1
may be adapted, taking account of the reduction in the frequency of controls
decided on.
When taking these decisions the Commission will take account in particular
of the guaranteesgiven by the third countriesconcerning acceptance of theprinciple of regionalization and of the other Community principles.
5. The fee referred to in point 1 ispayable by the importer and collected at the
customs office responsible for the border inspection post.
6. Member Statesmay allocate part of the yield of the feesprovided for in this
Chapter to a health solidarity fund designed to strengthen the veterinary
services to allow them to react more effectively to any appearance of an
exotic disease.1985L0073 — EN — 01.01.1996 — 005.001 — 8
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