Proposal for a COUNCIL REGULATION (EC) on the certification of animals and animal products
Date: 1994-12-05
Institutions: European Commission
Subjects: animal product, animal production, health certificate, intra-EU trade, veterinary inspection, veterinary legislation

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(94) 561 final 
Brussels, 05.12.1994 

94/0278 (CNS) 

Proposal  for a 

COUNCIL REGULATION  (EC) 

on the certification of animals and animal  products 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Accurate and re Iiable certification has the aim of safeguarding public and 

animal  health and animal welfare and, therefore, the functioning of the common 

market  in live animals and animal products. 

In the context of the completion of the  internal market and the new 

legislation on veterinary checks, the dispatching Member State must ensure 

that veterinary checks are carried out  in an appropriate manner.  As further 

veterinary checks are no  longer carried out at  the  internal  borders of the 

Community, the receiving country must be able to rely completely on the 

integrity of the certificate. 

However, since the establishment of the single market  in animals and animal 

products, the Commission has received many reports of  incidents where  it is 

clear that certification has not been performed correctly. 

For  these reasons  it  is important  that competent  authorities and  certifying 

officers designated by them are  legally bound by their obligations  in signing 

certificates and that certifying officers are aware of the significance of the 

contents of each certificate which they sign. 

As the establishment and management of the single market  in animals and animal 

products  is an exclusive Community competence, and as Member  States cannot 

legislate on the activities of the competent authorities of other Member 

States,  it is necessary  for action to be taken at Community  level. 

The proposed Régulât ion appIies to ail certification required by Community 

veterinary  legislation. Rules are  laid down  in respect of the obligations of 

cert ifying-off •rcers-and of-competent author i ties, ï*ith a view to ensuring that 

certification  is accurate and reliable. There  is a requirement  for appropriate 

penalties to be  imposed for misleading or false certification, and for 

measures to be taken to prevent  the repetition of false certification. 

Proposal  for a 

COUNCIL REGULATION 

on the certification of animals and animal  products 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard  to the Treaty establishing the European Community,  and  in 

particular Article 43 thereof, 

Having regard  to the proposal  from the Commission*1), 

Having regard to the opinion of the European Pari lament<2), 

Having regard to the opinion of the Economic and Social  Committee*3), 

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 Council  Directive 92/118/EEC(5) and Council 

Directive 90/425/EEC of 26 June 1990 concerning  veterinary and zootechnical 

checks applicable  in intra-Community  trade  in certain  live animals and animal 

products with a view to the completion of the  internal market*6), as last 

amended by Council  Directive 92/118/EEC, put  the responsibility on the Member 

State of production or dispatch  to ensure that veterinary checks and, where 

applicable, certification, are carried out  in an appropriate manner; 

(1) OJ N* C 

(2) OJ N* C 

. 

(3) OJ N* C 

(4) OJ N' L 395, 30.12.1989, p. 13 

(5) OJ N* L  62, 15.03.1993, p. 49 

(6) OJ N' L 224, 18.08.1990, p. 29 

Axx 

Whereas  to ensure  the smooth  functioning  of  the  internal  market  in  live 

animals  and  animal  products, Member  States  should  be  able  to  rely  completely 

on  the  integrity  of  certification  at  the places of  production  and  dispatch; 

Whereas  this objective  cannot  be achieved  by  the  individual  Member  States; 

whereas,  therefore,  common  rules should  be adopted  on  the obligations  of 

competent  authorities  and  certifying  officers and  with  respect  to  the 

certification of  animals  and  animal  products  in accordance  with  Community 

legislation; 

Whereas effective measures must  be  taken  to prevent  misleading  or  fraudulent 

certification; 

HAS ADOPTED  THE  FOLLOWING  REGULATION: 

Article 1 

This Regulation  applies  to certification  required  by  veterinary  legislation 

covering  the placing on  the market  of, and  trade  in, animals  and  animal 

products. 

Article  2 

1. Veterinary  legislation means  the  legislation  listed  in Annex  A of  Directive 

89/662/EEC  and  Annexes A and  B of  Directive  90/425/EEC. 

2. Certifying  officer  means  a person  authorized  by  the competent  authority  to 

sign  certificates  required  by  the  veterinary  legislation. 

3.  In addition,  the definitions  contained  in Article  2 of  Directives 

89/662/EEC  and  90/425/EEC  shall  apply  mutatis 

mutandis. 

Article 3 

1. Certifying officers shall  not  certify matters which are outwith  their 

personal  knowledge or which  cannot  be ascertained  by  them. Where 

appropriate, certificates shall  be accompanied, when presented  to the 

certifying officer, by notes of guidance  indicating  the extent  of  any 

enquiries,  tests or examinations expected  to be carried  out. 

2. Certifying officers shall  not  sign blank or  incomplete  certificates, or 

sign certificates  relating  to animals or  products which  they have not 

inspected or which  have passed out of  their  control. Where a certificate  is 

signed on  the basis of  another  certificate or  attestation, the certifying 

officer  shall  be  in possession of  that  document  before  signing. 

3. Certifying officers shall  have a status which ensures  their  impartiality 

and  they shall  in particular  have no direct  commercial  interest  in the 

animals or  products being  certified. 

Article  4 

1. Competent  authorities shall  take all  necessary  steps  to ensure  the 

integrity of  certification.  In particular  they shall  ensure  that  certifying 

officers designated  by  them  are  legally bound by  their obligations and are 

made  fully aware of  the significance of  the contents of each  certificate 

which  they  sign. 

2. Each competent  authority  shall  maintain an up-to-date  register  of  the 

signatures of  its certifying officers and sha11-keep copies of all 

certificates  issued  in  its name  for an appropriate period. 

Article 5 

1. Competent authorities shall  investigate, and take appropriate measures to 

penalize, any  instances of false or misleading certification which are 

brought  to their attention. Penalties shall be at  least sufficient  to 

eliminate any financial  benefit wrongly obtained. 

2.  If it is found that a certifying officer has knowingly  issued a fraudulent 

certificate the competent authority shall  take all necessary steps, without 

prejudice to other  legal proceedings, to ensure that the person concerned 

cannot  repeat the offence. 

Article 6 

This Regulation shall enter  into force on the thirtieth day following that of 

its publication  in the Official  Journal of the European Communities. 

This Regulation shall be binding  in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

For the Council 

The President 

ISSN 0254-1475 

COM(94) 561 final 

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Catalogue number : CB-CO-94-584-EN-C 

ISBN 92-77-83124-3 

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