Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Directive 95/53/EC fixes the principles in accordance with which the Member States must carry out official inspections in the field of animal nutrition, with regard to both products originating in the Community and products from third countries.

With the establishment of the internal market, it had become all the more necessary to fix common principles for the organisation of inspections and for the movement of products within the Community as internal borders had been removed.

The rules have applied since 1 May 1998.

Since the entry into force of Directive 95/53/EC, Community legislation has changed. Furthermore, experience has shown that the inspection measures provided for could not cope with critical situations requiring a rapid response from the authorities. Finally, some of the rules need to be defined more precisely in order to make them more transparent.

It is therefore proposed to amend Directive 95/53/EC in order to provide a legal instrument better suited to inspection needs.

1. It is essential to harmonise inspection procedures for all products imported from third countries. The Commission should therefore be allowed to adopt additional measures in order to establish a reliable, harmonised procedure for documentary, identity and physical checks.

2. The recent detection of dioxin in some raw materials imported into the Community has shown the need rapidly to coordinate inspection measures at Community level and underlined the need for a legal basis to permit the adoption, where necessary, of a system of protective measures and the implementation, when required, of on-the-spot inspections in the third countries concerned.

3. Under Article 15 of Directive 95/53/EC, the Commission may carry out on-the-spot checks in the Community only where infringements are established. This restrictive text is open to differing interpretations and it is therefore proposed to extend the Commission's right to carry out such checks to other situations where this proves necessary.

4. Directive 95/53/EC should permit verification in the medium term of whether the Member States effectively and correctly check the application of Community rules.

Under Directive 95/53/EC:

a) By 1 October 1998, the Member States must draw up programmes setting out the national measures to be taken to achieve the aim of the Directive. Those programmes must take into account the specific situation of each Member State and, in particular, specify the type and frequency of the inspections, which must be performed regularly.

b) Before 1 April each year and before 1 April 2000 for the first time, the Member States must transmit to the Commission all relevant information concerning the implementation of the programmes, specifying:

- the criteria used in drawing up the programmes,

- the number and type of inspections carried out,

- the results of the inspections, in particular the number and type of infringements found,

- action taken where infringements have been found.

c) Before 1 October each year and before 1 October 2000 for the first time, the Commission must submit an overall summary report on the results of inspections carried out at Community level, together with a proposal for a recommendation concerning a coordinated inspection programme for the following year.

Directive 95/53/EC clearly does not permit the rapid introduction of a coordinated inspection programme in the event of sudden contamination posing an immediate and serious risk to animal or human health. The proposed measures are intended to overcome this problem by allowing the Commission to draw up specific inspection programmes at Community level in addition to the general programmes already provided for by the Directive.

This proposal has no consequences for the Community budget. It is based on the exclusive competence of the Community.

Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE

amending Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

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

Having regard to the proposal from the Commission(1),

(1) OJ C

Having regard to the opinion of the Economic and Social Committee(2),

(2) OJ C

Acting in accordance with the procedure laid down in Article 189b of the Treaty(3),

(3) OJ C

Whereas Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition(4) lays down the principles in accordance with which official inspections must be carried out; whereas experience has shown that, where appropriate, there should be the possibility of defining those principles more precisely at Community level in order to establish a reliable harmonised procedure and to introduce the new inspection system for products used in animal feedingstuffs from third countries;

(4) OJ L 265, 8.11.1995, p. 17.

Whereas, in order to adequately protect human and animal health and the environment, Commission and Member State experts should be able to carry out inspections not only in the Community but also in third countries, in particular following the appearance in a third country of any problem likely to affect the health of animal feedingstuffs released into circulation in the Community;

Whereas the Commission should furthermore be given the possibility of, where necessary, sending experts on site in the Community to check that Community rules are being applied and, where appropriate, adopting Community measures;

Whereas, for the same reason, a system of protective measures should be laid down; whereas under that system the Commission must be able to act by adopting measures appropriate to the situation;

Whereas, by Directive 95/53/EC, the Council fixed the principle of organising annual, coordinated Community inspection programmes based on a recommendation from the Commission;

Whereas, in particular cases justified on human or animal health grounds, the inspections carried out by and in the Member States should be stepped up; whereas to ensure that the inspections and checks are uniformly and effectively applied across the Community in such cases, the Commission should be given responsibility for adopting specific coordinated inspection programmes,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/53/EC is amended as follows:

1) The following paragraph is added to Article 5:

"Where appropriate, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23."

2) The following paragraph is added to Article 7:

"Where appropriate, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23."

3) The following Article 9a is inserted:

«Article 9a

1. Where necessary, on-the-spot checks may be carried out by Commission and Member State experts in third countries to verify whether the guarantees regarding the conditions for the production and placing on the market of feedingstuffs offered by those countries can be considered as at least equivalent to those required in the Community.

2. The checks referred to in paragraph 1 shall be carried out on behalf of the Community, which shall bear the costs thereof.

3. The Commission shall inform the Member States of the results of the checks referred to in paragraph 1.

4. Where necessary, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23."

4) The following Article 9b is inserted:

«Article 9b

1. Where a problem likely to pose a serious risk to human or animal health or the environment appears or spreads on the territory of a third country, the Commission, on its own initiative or at the request of a Member State, shall immediately, depending on the gravity of the situation:

- suspend imports from all or part of the third country concerned and, where appropriate, any third country of transit and/or

- lay down special conditions for products from all or part of the third country concerned.

2. Except in emergencies, the Commission shall consult the Member States before taking the measures referred to in paragraph 1.

3. The Commission shall immediately inform the Council and the Member States of any decisions adopted in accordance with paragraph 1.

Any Member State may, within thirty days of such notification, refer the Commission's decision to the Council. The Council, acting by a qualified majority, may confirm, amend or repeal the Commission's decision. Where the Council does not adopt a decision within thirty days, the Commission's decision shall be considered to be repealed.

4. Where a Member State officially informs the Commission of the need to take protective measures and where the Commission has not acted in accordance with paragraph 1, that Member State may adopt temporary protective measures with regard to imports. Where a Member State adopts temporary protective measures, it shall inform the other Member States and the Commission. The Commission shall submit the question to the Standing Committee for Feedingstuffs within ten working days for its opinion in accordance with the procedure laid down in Article 23 with a view to the extension, amendment or repeal of the national temporary protective measures."

5) The title of Section 3 is replaced by the following title:

"Cooperation in the event of infringements and inspections".

6) The following Article 15a is inserted:

«Article 15a

1. Without prejudice to Article 15, where necessary, Commission and Member State experts with the cooperation of the national competent authorities may carry out on-the-spot checks to verify that the provisions of this Directive, and in particular Articles 5, 7, 11 and 12, are being applied.

The Commission shall appoint Member State experts on a proposal from the Member States.

2. The Member State on whose territory an inspection is carried out shall afford the Commission and Member State experts any assistance they may require to carry out their duties.

3. The Commission shall inform the Member States of the results of checks carried out.

4. Where the Commission considers that the results of an inspection justify it, it shall examine the situation in the Standing Committee for Feedingstuffs. It may adopt any necessary decisions in accordance with the procedure laid down in Article 23.

5. The Commission shall monitor the situation and amend or repeal the decisions referred to in paragraph 4 accordingly in accordance with the procedure laid down in Article 23.

6. Where necessary, detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 23.

7) The following paragraph 4 is added to Article 22:

"4. Without prejudice to paragraphs 1 to 3, where the protection of human or animal health or the environment requires the prompt introduction of a specific programme coordinating national inspections at Community level, the Commission shall take the necessary measures in accordance with the procedure laid down in Article 23."

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 December 1998. They shall apply these provisions from 1 January 1999.

They shall forthwith inform the Commission thereof.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by the Member States.

3. Member States shall communicate to the Commission the text of the essential provisions of national law they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President