1985L0073 — EN — 20.01.1994 — 002.001 — 1
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►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
▼B
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, inorder to make the health safeguards offered to the
consumer uniform, Directive 64/433/EEC(4), as last amended by Direc-
tive 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), as last amended by Directive
83/91/EEC(7), provides for health controls to be carried out by the
competent authorities of the Member States upon importation of freshmeat 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 authorities
of the Member States have introduced national controls for fresh meatintended solely for the national market;
Whereas Council Directive 71/118/EEC(
8), as last amended 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 theindividual Member States; whereas these differences are liable to affectthe conditions of competition between lines of 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 — 20.01.1994 — 002.001 — 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 checks referred 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
products referred to inthe Directives listed inAn n ex A toDirective 89/662/EEC,
— the controls provided 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 inparagraph 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 controls and inspections referred to in paragraph 1.3. Any direct or indirect refund of the fees provided for by this
Directive shall be prohibited.
Article 2
1. The Member States shall ensure, for the purpose of financing the
controls carried out pursuant to the Directives referred to in Article 1by the competent authorities and for that purpose only, the collection
— for the types of meat referred to inDirectives 64/433/EEC, 71/118/
EEC and 72/462/EEC, with effect from 1 January 1994, of theCommunity fees following the procedures laid down in the Annex,
— from a date to be set at the time of adoptionof the decision s
provided for by Article 6, of a Community fee for the controls
carried out onproducts of an imal originreferred to inArticle 1
(1), second indent.
2. Pending the decisions referred to in the second indent of para-
graph 1, the Member States may collect national fees with due regardto the relevant principles governing the setting of Community fees.
3. Member States shall be authorized to collect an amount exceeding
the level or levels of the Community fees, provided that the total feecollected by each Member State is not greater than the actual figurefor inspection costs.
4. The Community fees shall replace all other health inspection
charges or fees levied by the national, regional or local authorities of
the Member States for the inspections and controls referred 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.
This Directive shall not preclude Member States from collecting a fee
for combating epizootic diseases.
5. The Member States shall 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 — 20.01.1994 — 002.001 — 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. As part of the checks provided for inArticle 12 of Directive 64/
433/EEC, Article 10 of Directive 71/118/EEC and Article 20 of Direc-
tive 90/675/EEC, the Commissionmay, by ran dom 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 insuch 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, Articles 10 and 11 thereof.
Article 4
The fees shall be payable by the operator or owner of the establishment
carrying out the operations referred to in the Directives listed in AnnexA to Directive 89/662/EEC, who shall have the optionof passin g onthe cost of the fee for the operation concerned to the natural or legalpersononwhose behalf the said operation s 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 .
This rate shall apply from 1 January of the following year.
However, the Member States shall apply for 1994 the rate of conver-
sionapplicable on1 September 1992 an d, 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 rules and principles for the application of this Directive, includingexceptions to be made, as required for the implementation of thechecks laid downinthe Directives referred to inAn n ex A to Directive89/662/EEC and in Directive 90/675/EEC.
2. The Annex to this Directive may be amended or supplemented by
the procedure provided for inparagraph 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 places where fees are charged, inaccordan ce with
Chapter I.6 of the Annex, giving any necessary explanations.
Article 8
1. Greece shall be authorized to derogate from the principles laid
downinthis Directive where, because of geographical characteristics,the costs of collecting a fee in geographically remote regions aregreater thanthe yield from the fee.1985L0073 — EN — 20.01.1994 — 002.001 — 4
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The Greek authorities shall inform the Commission of the territorial
extent of the derogations granted.
The information shall be accompanied by any necessary explanations.2. Inthe case of other outermost region s, other Member States may
be authorized, inaccordan ce with the procedure provided for inArticle
18 of Directive 89/662/EEC, to benefit from the same derogations.
Article►
M29◄
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
years inwhich to comply with it.
Article►
M210◄
This Directive is addressed to the Member States.1985L0073 — EN — 20.01.1994 — 002.001 — 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) as follows:
1. Without prejudice to the application of points 4 and 5, Member States will
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 than12 kilograms: ECU 0,175 per an imal;
(ii) of between 12 and 18 kilograms: ECU 0,35 per animal;
(iii) of more than18 kilograms: ECU 0,5 per an imal.
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) Until 31 December 1995, the minimum amount to be collected for
the ante-mortem and post-mortem inspection provided for in Direc-
tive 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
thantwo kilograms: ECU 0,02 per an imal,
— other heavy adult poultry weighing more than five kilograms:
ECU 0,04 per animal;
(ii) or, where a Member State decides not to make the distinction
betweencategories of poultry as in(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 controls and inspections connected with the cutting operations referred to
inArticle 3 (1)(B) of Directive 64/433/EEC an d 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.
This amount is added to the amounts referred 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 rules of application of this point may be fixed under the procedure
provided for inArticle 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 — 20.01.1994 — 002.001 — 6
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4. Inorder to cover in creased costs, Member States may,
(a) increase the standard amounts for fees pursuant to points 1 and 2(a) for
individual establishments;
This would be subject, 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 deliveries or technical inadequacies or failures, for example
inolder establishmen ts,
— 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 points 1 and 2(a) may exceptionally reduce them to meet the real costs
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
deliveries may be planned in advance thus enabling rational use 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 levels indicated in point 1.
6. The fees referred to inpoin ts 1 to 4 shall be collected, as appropriate, at the
slaughterhouse, cutting plant or cold store.
By way of exceptionto the first paragraph, inthe case of establishmen ts
carrying out more than one operation and of chains of production covering
more than one operation, the Member States may 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 States may exceptionally increase this amount to meet
real costs.1985L0073 — EN — 20.01.1994 — 002.001 — 7
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2. Until 1 July 1994 Member States may however continue to collect a reduced
amount for third country meat to which on 1 July 1993 they applied a
reduced frequency of controls. This reduction may not exceed 55 % of the
standard level referred to in point 1.
3. Whenthe decision s provided for inArticle 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 guarantees given by the third countries concerning acceptance of the
principle of regionalization and of the other Community principles.
4. As from 1 July 1994, in the absence of a decision in accordance with point 3,
the Member States shall apply an amount reduced in line with the reduction
in frequency of controls decided on within the framework of any agreement
the Community has concluded in that respect with a third country or, in the
absence of any such agreement, the amounts referred to in point 1.
5. The fee referred to in point 1 is payable by the importer and collected at the
customs office responsible for the border inspection post.
6. Member States may allocate part of the yield of the fees provided for inthis
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 — 20.01.1994 — 002.001 — 8