Opinion of the Economic and Social Committee on the 'Proposal for a European Parliament and Council Directive amending Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market, in order to reinforce checking'
Date: 1998-03-25
Institutions: European Economic and Social Committee
Subjects: animal product, computer system, intra-EU trade, single market, veterinary inspection

C 157/32

EN

Official Journal of the European Communities

25.5.98

Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament
and Council Directive amending Directive 89/662/EEC concerning veterinary checks in
intra-Community trade with a view to the completion of the internal market, in order to
reinforce checking’ (1)

(98/C 157/09)

On 16 December 1997 the Council decided to consult the Economic and Social Committee,
under Articles 43 and 198 of the Treaty establishing the European Community, on the
above-mentioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee’s
work on the subject, adopted its opinion on 5 March 1998. The rapporteur was Mr Colombo.

The Economic and Social Committee adopted the following opinion at its 353rd plenary
session held on 25 and 26 March (meeting of 25 March 1998) by 106 votes to two with two
abstentions.

1.

Introduction

1.1.
Directive 89/662/EEC on veterinary checks in
intra-Community trade is being amended because of
unhappy experiences with the BSE crisis and the belief
that more stringent checks are the safest and cheapest
way of preventing problematic situations from arising.

Since checks at

1.2.
internal borders have been
removed, the approach is now based on more stringent
veterinary controls of animal products at the place of
departure and the possibility of controls at the final
destination.

1.3.
The amended Directive under consideration
attributes crucial importance to improvements in the
exchange of information between the relevant author-
ities of the Member States.

The amended Directive extends the computerized
1.4.
network system commonly known as ANIMO — which
links veterinary authorities and is already covered by
Directive 90/425/EEC on veterinary and zootechnical
checks — to intra-Community trade in foodstuffs of
animal origin. Member States will however be free to
decide how to apply the new arrangements.

2. General comments

2.1.
The Committee endorses the proposal to extend
use of the computerized ANIMO system to products of
animal origin covered by Directive 89/662/EEC and
intended for human consumption, and considers that

(1) OJ C 13, 17.1.1998, p. 12.

this exchange of information between competent author-
ities is consistent with the overriding need to protect
public health.

2.2. Whilst approving the extension of the ANIMO
system,
this
approach does not fully solve the problem of how to
improve veterinary controls.

the Committee would point out that

2.2.1.
The Committee therefore calls upon the Com-
mission to press on with genuine harmonization of
foodstuff control systems in all Member States.

3. Legal basis

The Commission presents the proposal on the
3.1.
basis of Article 100a of the Treaty (internal market)
although the normal legal basis for this type of legislation
is Article 43 of the Treaty (agriculture) given that it
covers the production and sale of products referred to
in Appendix II. The legal service of the Council has now
confirmed that Article 43 is the appropriate legal
basis (cf. Opinion of the legal service of the Council,
No 11180/97, of 10 October 1997).

3.2.
The Committee understands the reasons which
have led the Commission to choose Article 100a as the
legal basis of the Directive under consideration. The
Committee is nevertheless convinced that the same
reasons would be equally valid had the Commission
opted for Article 43.

3.3.
The Committee therefore proposes that, in order
to avoid the long and complex procedure needed today
to implement Article 100a, Article 43 be chosen as the
legal basis. Article 43 after all
is already used in
connection with all agriculture-related matters. The
situation will of course have to be reviewed after
the entry into force of Article 129 of the Treaty of
Amsterdam.

25.5.98

EN

Official Journal of the European Communities

C 157/33

4. Specific comments

4.1. Article 12

— The word ‘any’ at the beginning of Article 12 (2)

should be deleted.

4.1.1.
To avoid differing interpretations as to whether
the ANIMO system is to be extended to all Member
States, the Committee proposes the following:

— The words ‘may if necessary be extended’ should be
replaced by ‘shall be extended’ in Article 12(1).

4.2. The last recital

4.2.1.
The legal basis of the last recital should be
amended in the light of what is said in point 3.3 of this
opinion.

Brussels, 25 March 1998.

The President

of the Economic and Social Committee

Tom JENKINS

Opinion of the Economic and Social Committee on the ‘Proposal for a Council Directive on
the marketing of propagating material of ornamental plants’

(98/C 157/10)

On 26 January 1998 the Council decided to consult the Economic and Social Committee,
under Articles 43 and 198 of the Treaty establishing the European Community, on the
above-mentioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee’s
work on the subject, adopted its opinion on 5 March 1998. The rapporteur was Mr Stokkers.

At its 353rd plenary session of 25 and 26 March 1998 (meeting of 25 March) the Economic
and Social Committee adopted the following opinion by 111 votes to one with two abstentions.

1.

Introduction

1.1.
The production of ornamental plants occupies an
important place in Community agriculture. Satisfactory
results depend to a large extent on the quality and health
of the material used for their propagation. In order to
guarantee free movement of goods in the Community
and to make sure that purchasers throughout the
Community receive propagating material which is
healthy and of good quality, it is important that there
be harmonized rules at Community level. In May 1996
the Commission launched the SLIM initiative (Simpler
Legislation for the Internal Market). Its aim was to
identify ways in which internal market legislation could
be simplified. Four areas were chosen for a pilot project,
of which the ornamental plants sector was one, given the
difficulties which had been experienced in implementing
the legislation. A SLIM team drew up recommendations
for simplifying the ornamental plants directive. The
current Commission proposal takes account of these

recommendations and of the comments of the Member
States and sectoral associations. The Commission pro-
posal is based on Article 43 of the Treaty establishing
the European Community. It contains the full text of
Directive 91/682/EEC, with the changes underlined.

2. General comments

2.1.
The Commission has been successful in its effort
to simplify the rules. The proposal places responsibility
for meeting the quality requirements principally with
the main players,
i.e. those involved in producing,
propagating and importing the basic material. The
Committee welcomes this approach, as it feels that it
offers a sufficient quality guarantee to purchasers of
basic material, without however generating unnecessary
bureaucracy.

The import of basic material

2.2.
is also given
balanced treatment in the proposal, allaying any fears
of distortions of competition or the development of a