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wmm COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 81 final 
Brussels, 26 November 1991 
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Proposai for a 
COUNCIL D!RECTiVE 
amending Directive 85/73/EEC on the financing 
of health inspections and controls of 
fresh meat and poultrymeat 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
Council Directive 85/73/EEC<1) laid down the rules on the financing of health 
inspections and controls to be carried out in establishments in the Community 
and on import from non-member countries of fresh meat and poultrymeat. These 
harmonized rules provide for a fee to be charged for such inspections and 
controls. 
Council Directive 89/662/EEC^2^ lays down general rules on the organization 
of the controls to be carried out at origin for the majority of animal 
products. The Council has also adopted Directive 90/675/EEC laying down the 
principles governing the organization of veterinary checks on products 
entering the Community from third countries^3^. 
In the light of these developments, this draft extends the principles laid 
down by Directive 85/73/EEC, and in particular the principle of charging fees, 
to animal products in general. 
The Member States will have to ensure that a fee is collected in order to 
finance the checks for which the official veterinarian or the competent 
authorities are responsible under Articles 3(1) and 4(1) of Directive 
89/662/EEC (checks at origin). The same principle will be applied to the 
physical checks provided for in Directive 90/675/EEC laying down the 
principles governing the organization of veterinary checks on products 
entering the Community from third countries. 
(1) OJ No L 32, 5.2.1985, p. 14. 
(2) OJ No L 395, 30.12.1989, p. 13. 
(3) OJ No L 373, 31.12.1990, p. 1. 
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Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 85/73/EEC on the financing 
of health inspections and controls of 
fresh meat and poultrymeat 
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 Par Iiament*2), 
Having regard to the opinion of the Economic and Social Committee*3^, 
Whereas animal products are included in the list of products contained in 
Annex II to the Treaty; whereas the marketing of those products constitutes a 
source of income for a large part of the agricultural population; 
Whereas Council Directive 89/662/EEC of 11 December 1989 concerning veterinary 
checks in intra-Community trade with a view to the completion of the internal 
market(4>, as last amended by Directive 90/675/EEC(5), laid down in 
particular the requirements for veterinary checks to be carried out in the 
Member State of dispatch for a large number of animal products; 
Whereas Council Directive 90/675/EEC of 10 December 1990 laying down the 
principles governing the organization of veterinary checks on products 
entering the Community from third countries laid down in particular the 
requirements for physical checks to be carried out on animal products from 
third countr ies; 
(1) OJ No C 
(2) OJ No C 
(3) OJ No C 
(4) OJ No L 395, 30.12.1989, p. 13. 
(5) OJ No L 373, 31.12.1990, p. 1. 
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Whereas Council Directive 85/73/EEC^6^, as amended by Directive 
88/409/EEC^7^, laid down harmonized rules on the financing of health 
inspections in relation to fresh meat of certain animal species-, whereas 
that Directive lays down in particular that a fee is to be col lected for 
inspections and controls; 
Whereas Directive 85/73/EEC should be amended to take account of the new 
provisions concerning controls; 
Whereas the principles laid down by Directive 85/73/EEC, and in particular 
the principle of charging fees, should be extended; whereas such an 
extension is Justified by the concern to ensure that the control arrangements 
operate effectively and distort ions of competition are avoided, 
Whereas inspection fees may only be charged where the official inspection is 
a mandatory precondition of placing a product on the market; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 85/73/EEC is hereby amended as follows: 
1. The title is replaced by the following: 
"Council Directive of 29 January 1985 on the financing of veterinary 
inspections and controls of animal products". 
2. The following subparagraph is added to Article 1(2): 
"In addition, the definitions given in Article 2 of Directive 
89/662/EEC* and Article 2 of Directive 90/675/EEC** shall apply where 
necessary. 
* OJ No L 395, 30.12.1989, p. 13. 
** OJ No L 373, 31.12.1990, p. 1." 
(6) OJ No L 32, 5.2.1985, p. 14. 
(7) OJ No L 194, 22.7.1988, p. 28. 
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3. The following paragraph 3 is added to Article 1: 
"3. In the case of controls which are not covered by paragraph 1 or by 
Article 2a, the Member States shall ensure that: 
- a fee is collected in order to finance the controls provided for in 
Chapter 1 (checks at origin) of Directive 89/662/EEC and carried out 
by the competent authorities and official veterinarians; 
- a fee is collected in order to finance the physical checks provided 
for in Directive 90/675/EEC; 
- any direct or indirect refund of fees is prohibited." 
4. The following paragraph 3 is added to Article 2: 
"3. Notwithstanding paragraph 1, the following shall be determined in 
accordance with the procedure laid down in Article 4a: 
- standard levels for the fees referred to in Article 1(3); 
- detailed rules for the application of Article 1(3)". 
5. The following Article is inserted: 
"Article 4a 
1. The Commission shall be assisted by the Standing Veterinary Committee 
set up by Council Decision 68/361/EEC*, hereinafter called the 
"Committee". 
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2. Where the procedure laid down in this Article is to be followed, the 
following provisions shall apply: 
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. 
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. 
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. 
* OJ No L 255, 19.10.1986, p. 23." 
Art icle 2 
Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply with this Directive not later than 31 December 
1991. They shall immediately inform the Commission thereof. 
When Member States adopt these provisions, these shall contain a reference to 
this Directive or shall be accompanied by such reference at the time of their 
official publication. The procedure for such reference shall be adopted by 
Member States. 
Art icle 3 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
The President 
ISSN 0254-1475 
COM(91) 81 final 
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