A4-0033/97

Proposal for a Council Directive laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (COM(96)0170 - C4-0334/96 - 96/0109(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Preamble

>Original text>

THE COUNCIL OF THE EUROPEAN UNION,

>Text following EP vote>

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

>Original text>

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

>Text following EP vote>

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

>Original text>

Having regard to the proposal from the Commission,

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Having regard to the proposal from the Commission,

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Having regard to the opinion of the European Parliament,

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Having regard to the opinion of the Economic and Social Committee,

>Text following EP vote>

Having regard to the opinion of the Economic and Social Committee,

(Amendment 2)

Recital 6

>Original text>

Whereas in the new system of veterinary checks only a documentary and physical check need to be carried out; whereas for that reason the identity check needs to be abolished;

>Text following EP vote>

Whereas in the new system of veterinary checks a documentary and physical check need to be carried out; whereas for that reason separate identity checks shall be abolished, since a similar check will be carried out as part of the physical check;

(Amendment 3)

Article 5(1)

>Original text>

1. After completion of the required veterinary checks, the official veterinarian shall issue for the consignment of products concerned a certificate certifying the checks and recording the intended place of destination.

>Text following EP vote>

1. After completion of the required veterinary checks, the official veterinarian shall issue for the consignment of products concerned a certificate certifying the results of the checks and recording the intended place of destination.

(Amendment 4)

Article 5(2) first indent

>Original text>

- as long as the consignment remains under customs supervision, or

>Text following EP vote>

- as long as the consignment remains under customs supervision, in which case reference shall be made to the prescribed customs transport document, or

(Amendment 5)

Article 9(1)(a)

>Original text>

(a) if the consignment is not unloaded, the competent authority may carry out random documentary checks of the products, on the basis of the original veterinary certificate or veterinary document or other document, or an authenticated copy of them. If a documentary check has been carried out the competent authority shall issue the certificate referred to in Article 5(1) certifying the results of this check, for the benefit of the authorities in the port or airport of destination;

>Text following EP vote>

(a) if the consignment is not unloaded, the competent authority may carry out random documentary checks of the products, on the basis of the original veterinary certificate or veterinary document or other document, or an authenticated copy of them. If a documentary check has been carried out the competent authority shall issue the certificate referred to in Article 5(1) certifying the results of this check, for the benefit of the border inspection post in the port or airport of destination;

(Amendment 6)

Article 9(1)(c)

>Original text>

(c) if the consignment is unloaded and stored temporarily under supervision of the competent authority in the customs area of the port or airport to be forwarded to another border inspection post by sea or air transport, the competent authority shall carry out a documentary check of the products on the basis of the same documents as are referred to in paragraph (a); in exceptional cases which may present a risk to public or animal health or when irregularities are suspected, a physical check may be carried out;

>Text following EP vote>

(c) if the consignment is unloaded and stored temporarily under supervision of the competent authority in the customs area of the port or airport to be forwarded to another border inspection post by sea or air transport, the competent authority shall carry out a documentary check of the products on the basis of the same documents as are referred to in paragraph (a); in exceptional cases which may present a risk to public or animal health or when irregularities are suspected, a physical check may be carried out, which must take place at an approved border inspection post on each occasion.

(Amendment 7)

Article 12(1)

>Original text>

1. Consignments coming from a third country and destined for a free zone, a free warehouse or a customs warehouse shall undergo in the border inspection post as referred to in Article 3(2) a documentary and a physical check in order to ensure that the products comply with the import conditions.

>Text following EP vote>

1. Consignments coming from a third country and destined for a free zone, a free warehouse or a customs warehouse shall undergo in the border inspection post as referred to in Article 3(2) a documentary and a physical check in order to ensure that the products comply with the import conditions. In these cases the customs authorities and the competent veterinary authorities at the border inspection post shall authorize admission to a free zone, a free warehouse or a customs warehouse.

(Amendment 8)

Article 12(3), indent 3a (new)

>Text following EP vote>

- when the consignments in question are stored, products conforming to Community standards and those which do not shall be deposited in separate places and marked accordingly,

(Amendment 9)

Article 12(4)(aa) (new)

>Text following EP vote>

(aa) shall be not permitted, in the customs area, to store goods not conforming to Community standards in customs warehouses unless the conditions are such as to constitute the essential procedural safeguards applying to type C customs warehouses as defined in Article 54(1), third indent, of Regulation (EEC) No 2454/93;

(Amendment 10)

Article 12(4)(c)

>Original text>

(c) shall report the arrival and dispatch of products in a zone or warehouse as referred to in paragraph 2;

>Text following EP vote>

(c) shall report the arrival and dispatch of products in a zone or warehouse as referred to in paragraph 2; such reporting shall replace the safety measures specified in paragraph 2;

(Amendment 11)

Article 16(4), second subparagraph

>Original text>

Furthermore, where an irregularity has been found to be the result of negligence or a deliberate action, the competent authority shall impose on the declarant a financial penalty of at least 20% of the customs value of the product.

>Text following EP vote>

Where an irregularity has been found to be the result of negligence or a deliberate action, a financial penalty of at least 20% of the customs value of the product shall be imposed on the declarant.

(Amendment 12)

Chapter IV, Article 24a (new)

>Text following EP vote>

Article 24a

The Commission shall be assisted by the Standing Veterinary Committee set up by Decision 68/361/EEC. This committee, which shall be of an advisory nature, shall be composed of one representative per Member State and chaired by the representative of the Commission.

>Text following EP vote>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

>Text following EP vote>

The opinion shall be recorded in the minutes. In addition, each Member State shall have the right to ask to have its position recorded in the minutes.

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The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

(Amendment 13)

Article 25

>Original text>

Where reference is made to the procedure provided for in this Article, the Standing Veterinary Committee set up by Council Decision 68/361/EEC shall take decisions in accordance with the rules established in Article 17 of Directive 89/662/EEC.

>Text following EP vote>

Where reference is made to the procedure provided for in this Article, the Standing Veterinary Committee set up by Council Decision 68/361/EEC shall deliver its opinion in accordance with the rules established in Article 24a of this Directive.

(Amendment 14)

Article 25a (new)

>Text following EP vote>

Article 25a

The committee shall as a rule meet in public, unless a specific duly motivated decision is taken to the contrary and published in good time. It shall publish agendas two weeks in advance of its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interests by its members. The European Parliament shall be informed of all decisions taken.

(Amendment 15)

Article 26

>Original text>

Where reference is made to the procedure defined in this Article, the Standing Veterinary Committee shall take decisions in accordance with the rules established in Article 18 of Directive 89/662/EEC.

>Text following EP vote>

Where reference is made to the procedure defined in this Article, the Standing Veterinary Committee shall deliver its opinion in accordance with the rules established in Article 24a of this Directive.

(Amendment 16)

Article 29a (new)

>Text following EP vote>

Article 29a

The Commission shall draw up a list of the bilateral agreements still in force between individual Member States and third countries, and shall set a transitional period for the harmonisation of conditions for the import into the Community of products of animal origin.

(Amendment 17)

Article 30, first paragraph

>Original text>

Directive 90/675/EEC is repealed with effect from 1 January 1997.

>Text following EP vote>

Directive 90/675/EEC is repealed with effect from 1 January 1998.

(Amendment 18)

Article 31(1), first and second subparagraphs

>Original text>

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive before 1 January 1997; they shall forthwith notify the Commission thereof.

They shall apply those provisions as from 1 January 1997.

>Text following EP vote>

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive before 1 January 1998; they shall forthwith notify the Commission thereof.

They shall apply those provisions as from 1 January 1998.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (COM(96)0170 - C4-0334/96 - 96/0109(CNS))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0170 - 96/0109(CNS) ((OJ C 245, 23.8.1996, p. 9.)),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0334/96),

- whereas the legal basis proposed by the Commission is not appropriate, and reference should be made to Articles 189b and 100a of the EC Treaty;

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Budgets and the Committee on Agriculture and Rural Development (A4-0033/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

7. Instructs its President to forward this opinion to the Council and Commission.