98/139/EC: Commission Decision of 4 February 1998 laying down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States (Text with EEA relevance)
Date: 1998-02-04
Institutions: European Commission
Subjects: European Commission, application of EU law, self-employed person, supervisory power, veterinary inspection, veterinary legislation

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 4 February 1998

laying down certain detailed rules concerning on-the-spot checks carried out in
the veterinary field by Commission experts in the Member States

(Text with EEA relevance)

(98/139/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

ives and Decisions concerned must take place, in collab-
oration with the Member States concerned;

Having regard to the Treaty establishing the European
Community,

1964

affecting

on health problems

concerning health problems

Having regard to Council Directive 64/433/EEC of 26
June
intra-
Community trade in fresh meat (1), as last amended by
Directive 95/23/EC (2), and in particular Article 12
thereof, and to the corresponding provisions of the other
Directives and Decisions in the veterinary field, especially
those
intra-
Community trade in products of animal origin, laying
down the animal health requirements applicable to intra-
Community trade in live animals and in products of
animal origin, concerning the examination of animals
and fresh meat for the presence of residues, introducing
measures for the control or the eradication of certain
diseases, setting up standards for the animal welfare,
introducing financial measures for the eradication of
certain diseases and concerning expenditure in the veter-
inary field,

affecting

the Commission should adopt

Whereas
the general
implementing rules establishing the conditions under
which the on-the-spot checks referred to in the Direct-

(1) OJ 121, 29. 7. 1964, p. 2012/64.
(2) OJ L 243, 11. 10. 1995, p. 7.

Whereas,
in the framework of the on-the-spot checks
provided for in Article 12 of Directive 64/433/EEC and
in Article 10 of Council Directive 71/118/EEC of 15
February 1971 on health problems affecting the produc-
tion and placing on the market of fresh poultrymeat (3), as
last amended by Directive 96/23/EC (4), the Commission
may, without warning, verify the application of the provi-
sions of Council Directive 85/73/EEC of 29 January
1985 on the financing of veterinary inspections and
controls covered by Directives 89/662/EEC, 90/425/EEC,
90/675/EEC and 91/496/EEC (5), as last amended by
Directive 96/43/EC (6);

Whereas, where this is necessary to ensure the uniform
application of the Community legislation, the on-the-
spot checks should be included in programmes estab-
lished after discussion with the Member States concerned
and an exchange of views in the Standing Veterinary
Committee;

Whereas that collaboration should continue during the
on-the-spot checks and in addition it should be possible
for Commission experts to be accompanied by experts
appointed by the Commission who are subject to certain
obligations and have their travel and subsistence costs
reimbursed;

(3) OJ L 55, 8. 3. 1971, p. 23.
(4) OJ L 125, 23. 5. 1996, p. 10.
(5) OJ L 32, 5. 2. 1985, p. 14.
(6) OJ L 162, 1. 7. 1996, p. 1.

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Whereas, in the interests of efficiency, deadlines should
be established for the despatch by the Commission of the
results of on-the-spot checks to the Member States in
which the checks were undertaken, and for the receipt of
comments from those Member States;

is necessary to ensure that

Whereas it
the results of
on-the-spot checks are taken into account by the
Member States concerned;

Whereas, in the interests of transparency, the European
Parliament, the consumer and the producer should be
kept informed, within the limits of the Treaty and in
particular the need to respect the obligation of profes-
sional secrecy laid down by Article 214 of the Treaty, of
the
action
following from, the on-the-spot checks;

and recommendations

findings of,

for

Whereas provision should also be made for a rapid
procedure enabling Community Decisions to be adopted,
where necessary, particularly in cases where on-the-spot
checks have revealed a serious health risk or where it is
found that measures acknowledged as indispensable after
the checks have not been taken;

Whereas, in the interests of clarity, Commission Decision
96/345/EC (1) should be repealed;

Whereas the measures provided for in this Decision are
in accordance with the opinion of the Standing Veter-
inary Committee,

HAS ADOPTED THIS DECISION:

Article 1

This Decision lays down certain rules relating to the
1.
on-the-spot checks carried out in the veterinary field in
Member States by Commission experts.

For the purposes of this Decision, ‘on-the-spot checks in
(hereinafter referred to as ‘checks')
the veterinary field'
means auditing actions necessary to ensure that
the
provisions of Community legislation are complied with
in a uniform manner.

2.
The provisions of this Decision shall apply without
prejudice to the provisions of any agreements on sanitary
measures applicable to trade in live animals and animal
products reached between the European Community and
third countries.

Article 3

The programmes of checks shall be organised and
1.
in collaboration with the Member State
carried out
concerned which shall appoint one or several experts for
that purpose.

2.
The Commission may defer or bring forward certain
checks or carry out additional checks when it regards that
as necessary in particular
for health reasons, animal
welfare reasons or on the basis of the results of previous
checks,
State
concerned.

discussion with the Member

after

3.
In every case, the Commission shall give notice to
the Member State concerned of at least ten working days
before the beginning of the programme of checks.

Article 4

In addition to experts

1.
from the Member State
the Commission’s experts may be accom-
inspected,
panied during the checks by one or more experts, listed
in accordance with paragraph 2, from one or more other
Member States.

When checks are organised, the participation of an expert
from another Member State may be refused by the
Member State where those checks are to be carried out.
This opportunity may only be used once.

2.
Each Member State shall propose to the Commis-
sion at least two experts with specific expertise in desig-
nated areas of competence, and shall communicate to it
their names, their fields of expertise, their exact official
addresses, fax and telephone numbers.

The Commission shall maintain a list of those experts
and shall consult the competent authority of the Member
State of the expert before issuing an invitation to the
expert to accompany the Commission’s experts during
the checks referred to in paragraph 1.

Where a Member State considers that one of the experts
proposed by it should no longer be included in the list, it
shall so inform the Commission. If
the number of
experts would thereby fall below the minimum required,
the Member State shall propose one or more replace-
ments to the Commission.

Article 2

Article 5

The checks shall be performed in each Member State.
The Commission shall establish a general programme of
checks for the legislation concerned and submit it for an
exchange of views in the Standing Veterinary Committee.

The general programme shall include information on all
actions to be undertaken by the Commission in the
context of the checks.

(1) OJ L 133, 4. 6. 1996, p. 29.

the Member State expert or
1. During the checks,
experts appointed by the Commission shall comply with
the Commission’s administrative rules.

Information acquired or conclusions reached by the
2.
Member State expert or experts during the course of
checks may on no account be used for personal purposes
or divulged to persons who are not part of the competent
departments of the Commission or the Member States.

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3.
The travel and subsistence costs incurred by the
Member State expert or experts appointed by the
Commission shall be reimbursed in accordance with its
rules governing travel and subsistence costs incurred by
persons who are not officials of the Commission and who
are called on to perform the tasks of an expert.

Article 6

1. A Member State in whose territory checks are carried
out in accordance with this Decision shall provide the
experts of the Commission and the experts appointed by
the Commission with the assistance they require in order
to perform their tasks. In particular, access on the same
basis as officials of the competent authority shall be given
to all concerned persons, information and documentation
as well as access to places, establishments, installations
and means of transport in order for the checks to be
carried out.

2. During the checks, the experts shall comply with
the administrative rules which officials of the competent
authorities of the Member State referred to in paragraph 1
must
follow, without prejudice to the provisions of
Article 5(1).

under the provisions of Community legislation in the
veterinary field.

The Member State shall take the corrective measures
2.
to take account of the results of the checks carried out.

3.
If, during checks, the Commission experts discover
significant instances of non-compliance with Community
legislation in a Member State or in one or more regions
of that Member State, the latter must, at the request of
the Commission, thoroughly investigate the general situa-
tion in the area concerned. If appropriate, the Member
State, after consultation with the Commission, may
restrict the investigation to the region(s) concerned by the
programme of checks;
it shall notify the Commission
within the time set by the latter of the results of the
checks and of the measures taken to remedy the situa-
tion.

4.
If, after the checks, appropriate corrective measures
are not taken by the Member State concerned within the
prescribed period, in particular where the checks have
revealed a serious public-health or animal-health or
animal-welfare risk, the Commission shall, in accordance
with the procedure laid down in Article 17 of Council
Directive 89/662/EEC (1), take all the measures which it
deems necessary.

Article 7

Article 8

1. Once the checks are concluded, the Commission’s
experts shall inform the Member State concerned orally
of
the
corrective measures they deem necessary and their degree
of urgency.

and, where necessary, of

their conclusions

The Commission shall confirm the results of the checks
within 20 working days in a written report, subject to the
receipt of any additional information requested during
the checks but not available at that time.

The Member State shall give its comments within 25
working days of the receipt of the written report from the
Commission.

However,
in the event of an emergency, or where a
significant risk to health or animal welfare has been iden-
tified during the on-the-spot check, the Member State
shall be informed of the findings of the mission in a
written report as quickly as possible and in any case
within ten working days of the end of the mission. The
Member State shall also give its comments as quickly as
possible and in any case within ten working days of the
receipt of the written report from the Commission.

In providing information on the findings of missions, the
Commission shall in particular comply with the require-
ments laid down in Article 214 of the Treaty.

The Commission shall regularly notify by written
1.
reports all Member States,
in the Standing Veterinary
Committee, of the findings of, and recommendations for
action following from, the on-the-spot checks carried out
in each Member State.

The Commission shall inform the European Parliament
of those findings and recommendations.

The Commission shall also make those findings and
recommendations publicly available on a regular basis.

2.
In undertaking the actions provided for in this
Article, the Commission and the Member States shall in
particular comply with the requirements laid down in
Article 214 of the Treaty.

Article 9

The provisions of this Decision shall be re-examined
before 31 December 1998 on the basis of a report by the
Commission to the Member States.

Article 10

Decision 96/345/EC is hereby repealed.

These provisions are without prejudice to the powers of
the Commission to take interim protection measures

(1) OJ L 395, 30. 12. 1989, p. 13.

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This Decision is addressed to the Member States.

Article 11

Done at Brussels, 4 February 1998.

For the Commission

Emma BONINO

Member of the Commission