Proposal for a European Parliament and Council Directive amending Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition
Date: 1998-11-03
Institutions: European Commission
Subjects: EU control, animal health, animal nutrition, food inspection, third country

14.11.98

EN

Official  Journal  of  the  European  Communities

C  346/9

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  European  Parliament  and  Council  Directive  amending  Directive  95/53/EC  fixing
the  principles  governing  the  organisation  of  official  inspections  in  the  field  of  animal  nutrition

(98/C  346/09)

(Text  with  EEA  relevance)

COM(1998)  602  final  -  98/0301(COD)

(Submitted  by  the  Commission  on  3  November  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  100a  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty,

Whereas  Council  Directive  95/53/EC  of  25  October
1995  fixing  the  principles  governing  the  organisation  of
official  inspections  in  the  field  of  animal  nutrition(cid:216)(˛)  lays
down  the  principles  in  accordance  with  which  official
inspections  must  be  carried  out;  whereas  experience  has
shown  that,  where  appropriate,  there  should  be  the
possibility  of  defining  those  principles  more  precisely  at
reliable
in  order 
Community 
the  new
harmonised  procedure  and 
inspection  system  for  products  used 
in  animal  feed(cid:220)
ingstuffs  from  third  countries;

to  establish  a 
introduce 
to 

level 

Whereas,  in  order  to  adequately  protect  human  and
animal  health  and  the  environment,  Commission  and
Member  State  experts  should  be  able  to  carry  out
inspections  not  only  in  the  Community  but  also  in  third
countries,  in  particular  following  the  appearance  in  a
third  country  of  any  problem  likely  to  affect  the  health
of  animal  feedingstuffs  released  into  circulation  in  the
Community;

Whereas  the  Commission  should  furthermore  be  given
the  possibility  of,  where  necessary,  sending  experts  on
site  in  the  Community  to  check  that  Community  rules
are  being  applied  and,  where  appropriate,  adopting
Community  measures;

(˛)(cid:217)OJ  L  265,  8.11.1995,  p.  17.

Whereas,  for  the  same  reason,  a  system  of  protective
measures  should  be 
laid  down;  whereas  under  that
system  the  Commission  must  be  able  to  act  by  adopting
measures  appropriate  to  the  situation;

Whereas,  by  Directive  95/53/EC,  the  Council  fixed  the
principle  of  organising  annual,  coordinated  Community
inspection  programmes  based  on  a  recommendation  from
the  Commission;

in  particular  cases 

Whereas, 
justified  on  human  or
animal  health  grounds,  the  inspections  carried  out  by
and  in  the  Member  States  should  be  stepped  up;  whereas
to  ensure  that  the  inspections  and  checks  are  uniformly
and  effectively  applied  across  the  Community  in  such
cases,  the  Commission  should  be  given  responsibility  for
adopting  specific  coordinated  inspection  programmes,

HAVE  ADOPTED  THIS  DIRECTIVE:

Article  1

Directive  95/53/EC  is  amended  as  follows:

1.(cid:217)The  following  paragraph  is  added  to  Article  5:

"Where  appropriate,  detailed  rules  for  the  application
of  this  Article  shall  be  adopted  in  accordance  with  the
procedure  laid  down  in  Article  23.’

2.(cid:217)The  following  paragraph  is  added  to  Article  7:

"Where  appropriate,  detailed  rules  for  the  application
of  this  Article  shall  be  adopted  in  accordance  with  the
procedure  laid  down  in  Article  23.’

3.(cid:217)The  following  Article  9a  is  inserted:

"Article  9a

1.(cid:218)(cid:217)Where  necessary,  on(cid:220)the(cid:220)spot  checks  may  be
carried  out  by  Commission  and  Member  State  experts
in  third  countries  to  verify  whether  the  guarantees
regarding  the  conditions  for  the  production  and
placing  on  the  market  of  feedingstuffs  offered  by
those  countries  can  be  considered  as  at 
least
equivalent  to  those  required  in  the  Community.

C  346/10

EN

Official  Journal  of  the  European  Communities

14.11.98

2.(cid:218)(cid:217)The  checks  referred  to  in  paragraph  1  shall  be
carried  out  on  behalf  of  the  Community,  which  shall
bear  the  costs  thereof.

23  with  a  view  to  the  extension,  amendment  or  repeal
of  the  national  temporary  protective  measures.’

3.(cid:218)(cid:217)The  Commission  shall  inform  the  Member  States
of  the  results  of  the  checks  referred  to  in  paragraph  1.

the
4.(cid:218)(cid:217)Where  necessary,  detailed 
application  of 
in
accordance  with  the  procedure  laid  down  in  Article
23.’

rules 
shall  be  adopted 

this  Article 

for 

5.(cid:217)The  title  of  Section  3  is  replaced  by  the  following

title:

"Cooperation 
inspections’.

in 

the  event  of 

infringements  and

6.(cid:217)The  following  Article  15a  is  inserted:

4.(cid:217)The  following  Article  9b  is  inserted:

"Article  15a

"Article  9b

1.(cid:218)(cid:217)Where  a  problem  likely  to  pose  a  serious  risk  to
human  or  animal  health  or  the  environment  appears
or  spreads  on  the  territory  of  a  third  country,  the
Commission,  on  its  own  initiative  or  at  the  request  of
a  Member  State,  shall  immediately,  depending  on  the
gravity  of  the  situation:

-(cid:217)suspend  imports  from  all  or  part  of  the  third
country  concerned  and,  where  appropriate,  any
third  country  of  transit  and/or

-(cid:217)lay  down  special  conditions  for  products  from  all

or  part  of  the  third  country  concerned.

2.(cid:218)(cid:217)Except 
in  emergencies,  the  Commission  shall
consult  the  Member  States  before  taking  the  measures
referred  to  in  paragraph  1.

3.(cid:218)(cid:217)The  Commission  shall  immediately  inform  the
Council  and  the  Member  States  of  any  decisions
adopted  in  accordance  with  paragraph  1.

Any  Member  State  may,  within  thirty  days  of  such
notification,  refer  the  Commission’s  decision  to  the
Council.  The  Council,  acting  by  a  qualified  majority,
may  confirm,  amend  or  repeal  the  Commission’s
decision.  Where 
the  Council  does  not  adopt  a
decision  within  thirty  days,  the  Commission’s  decision
shall  be  considered  to  be  repealed.

the  Commission  has  not  acted 

4.(cid:218)(cid:217)Where  a  Member  State  officially  informs  the
Commission  of  the  need  to  take  protective  measures
in
and  where 
accordance  with  paragraph  1,  that  Member  State  may
adopt  temporary  protective  measures  with  regard  to
imports.  Where  a  Member  State  adopts  temporary
protective  measures,  it  shall  inform  the  other  Member
States  and  the  Commission.  The  Commission  shall
submit  the  question  to  the  Standing  Committee  for
Feedingstuffs  within  ten  working  days  for  its  opinion
in  accordance  with  the  procedure  laid  down  in  Article

prejudice 

to  Article 

1.(cid:218)(cid:217)Without 
15,  where
necessary,  Commission  and  Member  State  experts
with  the  cooperation  of  the  national  competent  auth(cid:220)
orities  may  carry  out  on(cid:220)the(cid:220)spot  checks  to  verify  that
the  provisions  of  this  Directive,  and 
in  particular
Articles  5,  7,  11  and  12,  are  being  applied.

The  Commission  shall  appoint  Member  State  experts
on  a  proposal  from  the  Member  States.

territory  an
2.(cid:218)(cid:217)The  Member  State  on  whose 
inspection  is  carried  out  shall  afford  the  Commission
and  Member  State  experts  any  assistance  they  may
require  to  carry  out  their  duties.

3.(cid:218)(cid:217)The  Commission  shall  inform  the  Member  States
of  the  results  of  checks  carried  out.

inspection 

4.(cid:218)(cid:217)Where  the  Commission  considers  that  the  results
of  an 
the
situation  in  the  Standing  Committee  for  Feedingstuffs.
It  may  adopt  any  necessary  decisions  in  accordance
with  the  procedure  laid  down  in  Article  23.

it  shall  examine 

justify 

it, 

5.(cid:218)(cid:217)The  Commission  shall  monitor  the  situation  and
amend  or 
in
referred 
paragraph  4  accordingly 
in  accordance  with  the
procedure  laid  down  in  Article  23.

the  decisions 

repeal 

to 

6.(cid:218)(cid:217)Where  necessary,  detailed 
application  of 
accordance  with 
Article  23.’

the  procedure 

this  Article 

for 

rules 
shall  be  adopted 
laid  down 

the
in
in

7.(cid:217)The  following  paragraph  4  is  added  to  Article  22:

"4.(cid:218)(cid:217)Without  prejudice  to  paragraphs  1  to  3,  where
the  protection  of  human  or  animal  health  or  the
environment  requires  the  prompt  introduction  of  a
specific  programme  coordinating  national  inspections
at  Community  level,  the  Commission  shall  take  the
necessary  measures  in  accordance  with  the  procedure
laid  down  in  Article  23.’

14.11.98

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C  346/11

Article  2

1.(cid:218)(cid:217)Member  States  shall  bring 
laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  30  December
1998.  They  shall  apply  these  provisions  from  1  January
1999.

into  force  the 

They  shall  forthwith  inform  the  Commission  thereof.

2.(cid:218)(cid:217)When  Member  States  adopt  these  measures,  they
shall  contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  at  the  time  of  their
official  publication.  The  methods  of  making 
such
reference  shall  be  laid  down  by  the  Member  States.

States 

the
3.(cid:218)(cid:217)Member 
Commission 
the  essential  provisions  of
national  law  they  adopt  in  the  field  covered  by  this
Directive.

communicate 

text  of 

shall 

the 

to 

Article  3

This  Directive  shall  enter  into  force  on  the  twentieth  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  4

This  Directive  is  addressed  to  the  Member  States.