Proposal for a COUNCIL DIRECTIVE amending the Annex to Directive 85/73/EEC on the financing of veterinary inspections and controls of animal products covered by Annex A to Directive 89/662/EEC and by Directive 90/675/EEC
Date: 1995-11-06
Institutions: European Commission
Subjects: animal product, financing method, national implementing measure, veterinary inspection

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

Brussels,  06.11.1995 
COM(95) 525  final 

95/0267  (CNS) 

Proposal  for  a 

COUNCIL  DIRECTIVE 

amending the Annex to Directive 85/73/EEC on the financing of veterinary 

inspections and controls of animal products covered by Annex A 

to Directive 89/662/EEC and by Directive  90/675/EEC 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

Directive  85/73/EEC(1), as amended  by Directive  93/118/EC(2),  lays down general  rules on 
the  financing  of  veterinary  inspections  of  animal  products  produced  in  the  Community  or 
imported from third countries. 

In the case of poultrymeat  covered by Directive  71/118/EEC(3), the minimum  amount to be 
collected for ante-mortem  and post-mortem  inspections was fixed until 31 December  1995. 
This proposal aims to maintain the status quo. In this respect, Article 4 of Directive  85/73/EEC 
provides that the fees are to be payable by the operator or owner of the establishment, who 
is to  have  the  option  of  passing on the  cost  of the fee for  the  operation  concerned  to  the 
natural or legal person on whose behalf the said operation  is carried out. Those  provisions 
are  sufficiently  flexible  for  a  distinction  to  be  made  between  the  costs  of  ante-mortem 
inspections  and those arising from  post-mortem  inspections. 

The Council is requested to consult the European  Parliament  on the proposal. 

(1)  O J N o L 3 2,  5.2.1985, p.14. 
(2)  OJ No L 340, 31.12.1993, p.15 
(3)  OJ No L 55, 8.3.1971,  p.23. 

À 

Proposal for a 

COUNCIL DIRECTIVE 

of 

amending the Annex to Directive 85/73/EEC on the financing of veterinary 

inspections and controls of animal products  covered by Annex A 

to Directive 89/662/EEC and by Directive  90/675/EEC 

THE COUNCIL OF THE  EUROPEAN UNION, 

Having regard to the Treaty  establishing the European  Community, 

Having  regard  to  Council  Directive  85/73/EEC  of  29 January  1985  on  the  financing  of 

veterinary 

inspections  and  controls  of  animal  products  covered  by  Annex A 

to 

and  by  Directive  90/675/EEC(1), 
Directive  89/662/EEC 
Directive  93/118/EC(2),  and in particular Article 6(2)  thereof, 

as 

last 

amended  by 

Having regard to the proposal from the Commission(3), 

Having regard to the opinion of the  European  Parliament^), 

Whereas,  in  the  case  of  poultrymeat  covered  by  Council  Directive 71/118/EEC(5),  as  last 

amended  by  the  Act  of  Accession  of Austria,  Finland  and  Sweden, the  provisions  on the 

minimum  amount  to  be  collected for  ante-mortem  and  post-mortem  inspections  should  be 

maintained; 

Whereas the maintenance of those provisions is warranted both on the grounds of experience 

gained and by the concern for stable rules applying to national authorities  and operators, 

(1)  OJ No L 32, 5.2.1985, p.14. 
(2)  OJ No L 340, 31.12.1993,  p.15. 
(3)  OJ No C 
(4)  OJ No C 
(5)  OJ No L 55, 8.3.1971,  p.23. 

HAS ADOPTED  THIS  DIRECTIVE: 

Article  1 

In Chapter  I of the Annex to Directive  85/73/EEC, the words  «Until 31  December  1995»  are 

hereby  deleted  from  the  introductory  part  of point  1 (e). 

Article  2 

1.  By  31  December  1995  at  the  latest,  the  Member  States  shall  introduce  the  laws, 

regulations and administrative  provisions required to comply with this Directive. They shall 

immediately  inform the  Commission  thereof. 

The  provisions  adopted  by the  Member  States  shall contain a  reference  to this  Directive 

or shall be  accompanied  by such  a  reference  on their  official  publication. The  way  such 

reference  is to be  made  shall be decided  by the  Member  States. 

2.  The  Member  States  shall forward to the Commission  the  main  provisions of national  law 

which they  adopt within the  scope  of this  Directive. 

Article  3 

This  Directive  shall enter  into force  on the day of its publication  in the Official Journal  of the 

European  Communities. 

Article  4 

This  Directive  is addressed  to the  Member  States. 

Done  at  Brussels, 

For the  Council 

The  President 

ISSN 0254-1475 

COM(95) 525 final 

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ISBN 92-77-95396-9 

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