98/140/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 third countries (Text with EEA relevance)
Date: 1998-02-04
Institutions: European Commission
Subjects: European Commission, health legislation, self-employed person, supervisory power, veterinary inspection, veterinary legislation

L 38/14

EN

Official Journal of the European Communities

12. 2. 98

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 third countries

(Text with EEA relevance)

(98/140/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 third countries in
which the checks were undertaken;

Having regard to Council Directive 71/118/EEC of 15
February 1971 on health problems affecting the produc-
tion and placing on the market of fresh poultrymeat (1), as
last amended by Directive 96/23/EC (2), and in particular
Article 14 thereof, and to the corresponding provisions of
the other Directives in the veterinary field concerning
health rules and the health requirements applying to
imports of various animal species or products of animal
origin,

the Commission should adopt

the general
Whereas
implementing rules establishing the conditions under
which on-the-spot checks in the veterinary field in third
countries should take place,
in collaboration with the
Member States;

Whereas some rules relating to on-the-spot checks by
Commission experts should be common to all the legis-
lation in this field; whereas, therefore, they should be laid
down in a single Decision; whereas, however, Commis-
sion Decision 86/474/EEC of 11 September 1986 on the
implementation of
inspections to be
the on-the-spot
carried out
the importation of bovine
animals and swine and fresh meat (3) should continue to
apply;

in respect of

Whereas application of the plans that third countries
must submit pursuant to Council Directive 92/117/EEC
of 17 December 1992 concerning measures for protection
against specified zoonoses and specified zoonotic agents
in animals and products of animal origin in order to
prevent outbreaks of food-borne infections and intoxica-
tions (4), as
last amended by Directive 97/22/EC (5),
should be verified during the on-the-spot checks;

Whereas, when approved establishments or those under-
going approval for the purpose of exporting fresh meat to
the Community are being inspected,
the slaughtering
conditions should also be checked in accordance with
Article 15 of Council Directive 93/119/EC of 22
December 1993 on the protection of animals at the time
of slaughter or killings (6);

(1) OJ L 55, 8. 3. 1971, p. 23.
(2) OJ L 125, 23. 5. 1996, p. 10.
(3) OJ L 279, 30. 9. 1986, p. 55.
(4) OJ L 62, 15. 3. 1993, p. 38.
(5) OJ L 113, 30. 4. 1997, p. 9.
(6) OJ L 340, 31. 12. 1993, p. 21.

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 and an
exchange of views in the Standing Veterinary Committee;

Whereas that collaboration should continue during the
on-the-spot checks carried out by Commission experts,
accompanied by experts of the Member States appointed
by the Commission; whereas the Member States’ experts
should be subject to certain obligations and be reim-
bursed their travel and subsistence expenses;

Whereas, following on-the-spot checks, it is necessary to
ensure that Member States are informed of the results and
for appropriate measures to be proposed in accordance
with Community legislation;

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 in Article 214 of the Treaty, of
the
action
following from, the on-the-spot checks;

and recommendations

findings of,

for

Whereas, the World Trade Organisation Agreement on
the Application of Sanitary and Phytosanitary Measures,
and in particular Article 8 and Annex C, paragraph 1(d),
requires that the confidentiality of information arising
from the operation of control, inspection and approval
procedures is respected in a way that legitimate commer-
cial interests are protected;

Whereas, in the interests of clarity, Commission Decision
97/134/EC (7) should be repealed;

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

(7) OJ L 51, 21. 2. 1997, p. 54.

12. 2. 98

EN

Official Journal of the European Communities

L 38/15

HAS ADOPTED THIS DECISION:

Article 1

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

For the purposes of this Decision, ‘on-the-spot checks in
the veterinary field'
(hereinafter referred to as ‘checks')
means auditing and inspection measures necessary to
the
ensure that, without prejudice to the control of
application of existing veterinary legislation, the public
and animal health and animal protection guarantees
offered by third countries as regards production condi-
tions and placement on the market may be regarded as at
least equivalent to those applied in the Community.

2.
The checks shall permit, according to the legislation
concerned, the establishment or amendment of, in partic-
ular:

(cid:190) the list of third countries or parts of third countries
authorise

from which the Member States
imports,

shall

(cid:190) the import conditions specific to each third country,
including any health certificate that must accompany
all consignments intended for the Community,
(cid:190) the list of establishments from which the Member

States shall authorise imports.

3.
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 2

The Commission

1.
general
shall
programme of checks for the legislation and third coun-
tries concerned and submit it for an exchange of views in
the Standing Veterinary Committee.

establish

a

The general programme shall include information on the
content and frequency of the measures to be taken by the
Commission in the context of the checks.

The Commission may defer or bring forward certain
2.
checks or carry out additional checks when it regards that
as necessary, in particular for health reasons or on the
basis of the results of previous checks, after consulting
the Member
Standing Veterinary
Committee.

States

the

in

Article 3

The Commission’s experts may be accompanied
1.
during the checks by one or more experts,
listed in
accordance with paragraph 2, from one or more Member
States.

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 4

1. During the checks, the expert or experts from one or
more Member States appointed by the Commission to
accompany its experts shall comply with the Commis-
sion’s administrative instructions.

Information gathered or conclusions made by the
Member State expert or experts during the course of the
checks may on no account be used for personal purposes
or divulged to persons outside the competent depart-
ments of the Commission or the Member States.

The travel and subsistence expenses incurred by the
2.
Member State expert or experts appointed by the
Commission shall be reimbursed in accordance with its
rules governing travel and subsistence expenses incurred
by persons not belonging to the Commission who are
called on to act as experts.

Article 5

the Commission’s
Once the checks are concluded,
experts shall
inform the third country orally of their
conclusions and, where necessary, of the corrective meas-
ures they deem necessary and their degree of urgency.

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.

However,
in the event of an emergency, or where a
significant health risk has been identified during the
on-the-spot check, the third country 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.

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Official Journal of the European Communities

12. 2. 98

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.

These provisions are without prejudice to the powers of
the Commission to take interim protection measures
under the provisions of Community legislation in the
veterinary sector.

Article 6

1.
The Commission shall inform, by written reports,
the 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 third country.

The reports shall indicate, as appropriate, and if the legis-
lation concerned so provides, whether it is necessary:

(cid:190) to amend any of the lists referred to in the first

indent of Article 1(2),

(cid:190) to establish or amend the import conditions referred

to in the second indent of Article 1(2),
or

(cid:190) to establish or amend the lists of establishments
referred to in the third indent of Article 1(2).

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 7

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 8

Decision 97/134/EC is hereby repealed.

Article 9

This Decision is addressed to the Member States.

Done at Brussels, 4 February 1998.

For the Commission

Emma BONINO

Member of the Commission