Opinion of the Economic and Social Committee on the "Proposal for a European Parliament and Council Directive amending Directive 95/53 EC fixing the principles governing the organization of official inspections in the field of animal nutrition"

(1999/C 138/05)

On 28 March 1999 the Economic and Social Committee, acting in accordance with Rule 23(3) of its Rules of Procedure, decided to draw up an opinion on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 2 March 1999. The rapporteur was Mr Colombo.

At its 362nd plenary session (meeting of 24 March 1999), the Economic and Social Committee adopted the following opinion by 89 votes to one, with four abstentions.

1. Aims of the proposal

1.1. Inspection measures in the field of animal nutrition are governed by Directive 95/53/EC, for both Community products and those originating in third countries.

1.2. In conjunction with the establishment of the internal market and the removal of internal border checks and on the basis of experience acquired during the BSE crisis, the European Union has laid down new rules requiring Member States to develop a number of common principles for organizing inspections for the circulation of goods within the Community.

1.3. The draft directive makes a number of amendments to Directive 95/53/EC in the light of changes in Community legislation and from the benefit of experience, which has revealed shortcomings in the implementation of inspection measures in critical situations where a rapid Community response is needed.

1.4. The proposed changes relate to:

- the harmonization of inspection procedures for all products imported from third countries;

- the need for a system of protective measures and a legal basis for on-the-spot inspections in third countries;

- the extension of the right to conduct inspections within the Community beyond the restrictive obligations imposed under Directive 95/53/EC;

- the Commission's right to check whether Community rules are being correctly applied and to take action to bridge any gaps preventing the rapid introduction of a coordinated programme, in the event of sudden contamination posing a serious risk to human or animal health or the environment.

1.5. The proposal is designed to enable specific inspection programmes to be drawn up at Community level in addition to the provisions made by Directive 95/53/EC.

2. General comments

2.1. The Committee endorses the Commission's stated objectives. The proposal succeeds in complementing Directive 95/53/EC on official inspections in the field of animal nutrition by opening the door to new and more effective inspection measures, particularly for products from third countries.

2.2. Recent experience has illustrated the importance of extending the inspections, to ensure that products imported from third countries are safe.

2.2.1. The import of quantities of citrus pulp contaminated with high levels of dioxin, gave a clear example of the potential gravity of problems when Community legislation does not provide for appropriate inspection measures in exporting countries.

2.3. Attention should also be drawn to the fact that in the event of an incident, preventive measures will be taken by either the Commission or the Member States.

2.3.1. The proposal makes important changes with regard to the implications for the Community budget, though the explanatory memorandum to the Commission proposal states the contrary.

3. Specific comments

3.1. The Committee stresses the continued relevance of the 15th and 17threcitals to Directive 95/53/EC on analytical methods and laboratories authorized to carry out inspections.

3.2. The Committee takes the view that the first indent of Article 9(b)(1) of the proposed changes should read as follows:

"- suspend imports from all or part of the third country concerned or from one or more specific production plants, and, where appropriate, any third country of transit and/or."

Brussels, 24 March 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI