WRITTEN QUESTION E-2302/99

by Brigitte Langenhagen (PPE-DE) to the Commission

(13 December 1999)

Subject: Veterinary inspections in establishments producing fishery products and fees charged for such inspections

Is the Commission aware that the veterinary inspections in establishments producing fishery products, required to be carried out under Directive 91/493/EEC(1), vary in their frequency and nature not only from one country to another within Europe, but from one Land to another within the Federal Republic of Germany?

Is it also aware that, contrary to Directive 96/43/EC, there is also a considerable lack of uniformity not only at European level but also among the Federal Länder of Germany with regard to the charging of fees for such inspection and the amount of these fees?

Moreover, is it compatible with Directive 96/43/EC(2) that the fishing industry in at least one Land of the Federal Republic of Germany was accorded a DM 150 000 reduction in fees by the administrative, political and economic authorities?

Are these actions in accordance with the above-mentioned EU directives?

(1) OJ L 268, 24.9.1991, p. 15.

(2) OJ L 162, 1.7.1996, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(4 February 2000)

Article 3 of Council Directive 91/493/EC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products states that the placing on the market of fishery products caught in their natural environment shall be subject to the following conditions: mldr they must have undergone a health check in accordance with Chapter V of the Annex. Chapter V of the Annex states that arrangements for checking and monitoring must be made by the competent authorities mldr.

Furthermore, Article 7 states that the competent authorities shall approve establishments once they have verified that these establishments meet the requirements of this Directive, with regard to the nature of the activities they carry out.

The frequency of monitoring of individual fishery product establishments to ensure that they comply with Community requirements is a matter for the relevant Member State authorities, taking account of the nature of the establishment and the result of previous monitoring.

The above-mentioned conditions apply throughout the Community. Nevertheless, if the Honourable Member is aware that the inspection checks applied in Germany are not in accordance with the conditions of Council Directive 91/493/EC, the Commission would be grateful for information allowing it to initiate the necessary procedures.

The Community rules on the fees applicable to fishery products covered by Directive 91/493/EEC are laid down in Chapter III of Annex A to Council Directive 85/73/EEC, as amended and consolidated by Council Directive 96/43/EC of 26 June 1996 in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC.

Generally speaking, for fishery products covered by Chapter I of Directive 91/493/EEC, the Community rules provide for a flat-rate fee for landed products ( 1 per tonne for the first 50 tonnes and 0,5 per tonne thereafter) and for products entering a preparation or processing establishment or coming from a factory ship ( 1 per tonne).

However, Member States have a certain amount of leeway, either to reduce the flat-rate fee (Chapter III, Section I, point 4 of Annex A to Directive 85/73/EEC) or to lay down arrangements for levying fees by hour of work, where actual costs cannot be covered by collecting fees at the flat rate (Chapter III, Section I, point 3 of Annex A to Directive 85/73/EEC).

The conditions for reducing flat-rate fees are as follows. Checks to be carried out on landing must be facilitated by means of grading in accordance with the rules or by grouping together first sale transactions, for example in a fish auction or wholesale market. Regarding checks on products to be carried out in establishments, preparation or processing operations must take place on the same site as the first sale or processing or, for a given establishment, operating conditions and guarantees as to the establishment's own checks must allow a reduction in the number of inspection staff needed.

Under these circumstances, any difference in fee levels is not in itself incompatible with Directive 85/73/EEC. In carrying out inspections, the Commission's inspectors also examine the rules on fees. If irregular situations are found, the Commission will initiate the necessary procedures. If the Honourable Member has

any information to the effect that in certain cases the rules applied are incompatible with Community rules, she may forward it to the Commission, which will initiate the required procedures.

Article 5(2), first sentence, of Directive 85/73/EEC states that no direct or indirect refund of the fees provided for in this Directive shall be permitted.

The Commission will contact the German authorities in order to obtain information on the DEM 150 000 reduction granted, according to the Honourable Member, in one German Land.