1985L0073 — EN — 24.06.1988 — 001.001 — 1
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►B COUNCILDIRECTIVE
of29January1985
onthefinancingofhealthinspectionsandcontrolsoffreshmeatandpoultrymeat
(85/73/EEC)
(OJ L 32, 5.2.1985, p. 14)
Amended by:
Official Journal
No page date
►M1 Council Directive 88/409/EEC of 15 June 1988 L 194 28 22.7.1988
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COUNCILDIRECTIVE
of29January1985
on the financing of health inspections and controls of fresh meat
andpoultrymeat
(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), as lastamended by Direc-
tive 83/90/EEC (5), provided for the implementation of health
inspections and controls in respect of fresh meat likely to be involved
in intra-Community trade;
Whereas, in order to safeguard human and animal health within the
Community, Directive 72/462/EEC (6), as lastamended by Direct ive
83/91/EEC (7), provides for health controls to be carried out by the
competent authorities of the Member States upon importation of fresh
meat and for inspections to be carried out by veterinary experts of the
Member States and the Commission within the exporting third coun-tries;
Whereas Directive 64/433/EEC relates only to fresh meat likely to be
involved in intra-Community trade; whereas, however, the authoritiesof the Member States have introduced national controls for fresh meat
intended solely for the national market;
Whereas Council Directive 71/118/EEC (
8), as lastamended by Direc-
tive 84/642/EEC (9), makes provision for health inspections and
controls for fresh poultrymeat;
Whereas these health inspections and controls give rise to the collec-
tion of fees which are at present financed in different ways in the
individual Member States; whereas these differences are liable to affect
the conditions of competition between lines of production which are forthe 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 laiddown;
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 — 24.06.1988 — 001.001 — 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
(notyetpublished in t he Official Journal).
(3) OJ No C 307, 19. 11. 1984, p. 1 and opinion delivered on 12 December
1984 (notyetpublished in t he 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.
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HAS ADOPTED THIS DIRECTIVE:
Article 1
1. As from 1 January 1986 the Member States shall ensure that:
— fees are collected when the animals referred to in paragraph 2 are
slaughtered for the costs occasioned by health inspections and
controls,
— in order both to ensure equivalence of treatment as provided for in
Article 15 of Directive 71/118/EEC and to cover the costs providedfor in Directive 72/462/EEC, provision is made for the collection ofa fee on meat referred to in those Directives imported from thirdcountries,
— any director indirectrefund of fees is prohibit ed.
2. For the puposes of this Directive, ‘animals’ means domestic
animals of the following species: bovine (including buffalo), swine,sheep and goats, domestic solipeds and hens, turkeys, guinea-fowl,
ducks and geese.
Article 2
1. The Council, acting by a qualified majority on a proposal from
the Commission shall, before 1 January 1986, take a decision on thestandard level or levels of the fees referred to in the first two indentsof Article 1 (1) and on the detailed rules and principles for the imple-mentation of this Directive, and on possible exceptions. However, thelevels of fees to be collected for meat coming from slaughterhouses
that are not approved under Directive 64/433/EEC shall not be fixed
except in connection with the adoption by the Council before thatdate of rules of inspection for that meat.
2. Member States shall be authorized to collect an amount exceeding
the level or levels referred to in paragraph 1 provided that the total feecollected for each Member State remains lower than or equal to the
real figure for inspection costs.
Article 2a
Member States shall ensure that the expenses entailed by the controls
referred to in Articles 6, 8 and 9 of Directive 86/469/EEC are chargedagainst the fees laid down in Article 1.
Article 3
Before 1 January 1990 the Commission will submit a report on the
experience gained, together with proposals for possible amendments tothe abovementioned Articles.
Article 4
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive not later
than 1 January 1986. They shall forthwith inform the Commission
thereof.
However, the Hellenic Republic shall have an additional period of two
years in which to comply with it.
Article 5
This Directive is addressed to the Member States.1985L0073 — EN — 24.06.1988 — 001.001 — 3
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