Amended proposal for a Council Regulation (EC) on measures to monitor certain substances and residues thereof in live animals and animal products (94/C 222/09) (Text with EEA relevance) COM(94) 294 final

(Submitted by the Commission pursuant to Article 189 a (2) of the EC Treaty on 8 July 1994)

On 14 October 1993 the Comission presented the above proposal to the Council (1). As a result of the opinion delivered by Parliament at its sitting on 19 April 1994 the original proposal is amended as follows:

1. The following recitals are inserted after the fifth recital:

'Whereas in its resolution of 26 May 1993 on the Commission communication to the Council and Parliament on inspections for residues in meat (hormones, beta-agonists and other substances) (4a), the European Parliament expressed the view that systems of self-regulation by producer groups can yield very good results in combating the illegal use of growth promoters; whereas it is important for consumers that self-regulation systems of this kind adequately guarantee the absence of hormones and whereas a generic European approach is desirable to safeguard and support self-regulation systems;

Whereas producer groups should be assisted in developing self-regulation systems to ensure that their meat is hormone-free (in accordance with the Commission communication of 21 April 1993 to the Council and European Parliament on inspections for residues in meat);

(4a) OJ No C 176, 28. 6. 1993, p. 63.`

2. Article 16 (7) is replaced by the following:

'7. Each year the Commission shall inform the Member States meeting within the StandingVeterinary Committee and the European Parliament about the implementation of national plans and developments in the situation in the various regions of the European Union.`

3. The first subparagraph of Article 26 (2) is replaced by the following:

'Where a Member State considers that, in another Member State, the controls provided for in this Regulation are not being, or have ceased to be, carried out, it shall inform the competent central authority of that Member State accordingly. Following an investigation in accordance with Article 22 (2), in respect of which the financial provisions in the first subparagraph of Article 24 (1) shall not apply, that authority shall take all necessary measures and shall, at the earliest opportunity, notify the competent central authority of the first Member State of the decisions taken and the reasons for those decisions.`

4. Article 28 (1) is replaced by the following:

'1. Any failure to cooperate with the competent authority and any obstruction of slaughterhouse personnel or the slaughterhouse supervisor or, in the case of private undertakings, of the slaughterhouse owner or owners, and of the owner of the animals or the person having charge of them, during inspection and sampling as required for the implementation of national plans for monitoring residues and during inquiries and checks provided for in this Regulation shall result in criminal and/or administrative penalties being imposed by the appropriate national authorities.

If it is proven that the slaughterhouse owner or supervisor has been an accessory to the concealment of the illegal use of prohibited substances, he shall be liable to be banned from receiving and applying for Community aid for a period of 12 months.`

5. Does not affect English text.

6. The first paragraph of Article 37 is replaced by the following:

'This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.`

(1) OJ No C 302, 9. 11. 1993, p. 12.