Opinion on the proposal for a Council Directive fixing the principles governing the organization of inspections in the field of animal nutrition (1) (94/C 127/04)

On 15 November 1993 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 6 January 1994. The Rapporteur was Mr Gardner.

At its 312th Plenary Session (meeting of 26 January 1994), the Economic and Social Committee adopted the following Opinion unanimously.

1. Introduction

1.1. This is one of several recent proposals on which the Committee has been obliged to give its Opinion much too quickly, without the opportunity for detailed examination at the technical level. This Opinion therefore must be read subject to this qualification.

2. General comments

2.1. The proposal is very similar to Directive 89/397/EEC on official control of foodstuffs which the Committee approved in its Opinion (2). Many of the Committee's comments were incorporated in that final Directive.

Subject to the overall reserve in 1. above, the Committee approves and supports the general thrust of the proposal while requiring detailed improvements in line with the following comments.

3. Detailed comments

3.1. Third recital

As written, this refers to control of foodstuffs. It should therefore be changed to:

'.... and the quality of the resulting foodstuff.'

3.2. Sixth recital

Products for export should always be checked to the same high level as those for internal consumption. This recital should therefore read:

'Whereas Member States shall ensure that products for export outside the Community are given the same level of inspection as those for use inside the Community.'

3.3. Article 2

3.3.1. The corpus of animal feed legislation covers all animals including fish and pet animals. It would be better if the proposal included this explicitly.

3.3.2. Article 2 a)

In line with Directive 89/397/EEC, this needs two further indents:

'- Packaging and other materials coming in contact with any of the above,

- Labelling'.

3.4. Article 3.2

This is too weak and should be changed to:

'For products intended for export outside the Community, inspections shall be carried out in accordance with the rules and methods laid down in this Directive, Article 2.1 in particular.'

3.5. Article 4.3

The last sentence only covers prohibited uses but not prohibited components and should be changed to:

'They should also cover uses and components prohibited in relation to animal nutrition.'

3.6. Article 5

In the single market it is sometimes impossible to check the temporary or final geographical destination of a product once it has been imported. In particular there is a problem as to whether a product is in transit through the Community or is being imported into the Community. This wording therefore needs clarifying.

3.7. Article 6.3 a)

The second indent must be completed as follows:

'- using the products for purposes other than animal feed, provided that this is not harmful to the environment.'

Furthermore, for products falling under this indent the enforcement authorities must be required to ensure that the product is not again marketed in animal feed.

3.8. Article 16.1

Add a third indent:

'- to ensure that an officially sealed reference sample is kept.'

3.9. Article 16.3

Add the following two sentences:

'The Commission shall ensure that Community analysis and sampling methods are laid down by 31 December 1995 for all parameters relevant to animal feed legislation. As far as possible, methods already applied internationally for the purpose (e.g. the AOAC methods) should be used.'

3.10. Article 18

The present text merely states that existing rights of appeal are preserved. This is much too weak. The Article should be replaced by the words given in Article 12.1 of Directive 89/397/EEC:

'Member States shall take the measures necessary to ensure that natural and legal persons concerned by the inspection have a right of appeal against measures taken by the competent authority for the purpose of inspection.'

3.11. Article 22.1

While a forward inspection plan involving regular inspections is highly desirable, there must also be provision for ad hoc checks, especially where fraud is suspected.

3.12. Article 22.3

There is a need to improve inspection in the Community to a uniformly high level. Recommendation proposed in this paragraph should therefore include:

- opportunities for all institutions and persons involved in the inspection to exchange information;

- the possibility of Community quality standards for all laboratories involved in inspection;

- the possibility of Community provisions on training of inspectors (these are contained in Article 13 of the Official Inspection of Food Directive);

- the frequency of national inspections;

- funds available to national inspection services.

3.13. Articles 21 and 22

The requirement for Member States to furnish sampling/inspection information is highly desirable. However, the Commission should recommend a format so that all Member States report in a uniform and comparable manner.

Done at Brussels, 26 January 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 313, 19. 11. 1993, p. 10.

(2) OJ No C 397, 22. 12. 1987.