Proposal for a COUNCIL DIRECTIVE amending Directive 85/73/EEC on the financing of health inspections and controls of fresh meat and poultrymeat
Date: 1991-11-26
Institutions: European Commission
Subjects: EU financing, food inspection, fresh meat, health control, poultrymeat, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0M(91) 81 final 

Brussels, 26 November 1991 

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. 

- 3 -

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. 

-  4 -

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. 

3. The  following paragraph  3  is added  to Article  1: 

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"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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ISBN 92-77-77907-1 

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